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UNITED STATES v. AHTANUM IRR. DIST.

No. 312.

124 F.Supp. 818 (1953)

UNITED STATES v. AHTANUM IRR. DIST. et al.

United States District Court E. D. Washington, S. D.

Amended January 18, 1954.

Supplemental Opinion January 18, 1954.

Attorney(s) appearing for the Case

Harvey Erickson, U. S. Atty., Spokane, Wash., William H. Veeder, Sp. Asst. to Atty. Gen., Geraint Humphrey, Chief, Irrigation Counsel, U. S. Indian Service, Los Angeles, Cal., Edward G. Swindell, Jr., Regional Counsel, Bureau of Indian Affairs, Portland, Ore., for plaintiff.

Henry R. Newton, Spokane, Wash., Brown, Hawkins & Olson, Olson & Palmer, V. O. Nichoson, Douglas A. Wilson, L. B. Vincent, Lee C. Delle, John H. Lynch, George E. Clark, Yakima, Wash., Helsell, Paul, Fetterman, Todd & Hokanson, Seattle, Wash., Kenneth R. L. Simmons, Billings, Mont., Emory, Howe, Davis & Riese, Seattle, Wash., Morthland & Morthland, Velikanje & Velikanje, M. C. Delle, Ronald R. Hull, Yakima, Wash., Little, Leader, LeSourd & Palmer, Graves, Kizer & Graves, Seattle, Wash., Chalmer G. Walter, Yakima, Wash., Cannon, McKevitt & Fraser, Spokane, Wash., Wm. J. O'Hear, New York City, for defendants.

JAMES ALGER FEE, District Judge.

By the Treaty of 1855, the Yakima Indians ceded to the United States all their rights in a larger expanse now included in the State of Washington and reserved a smaller area for their own use. For them the United States became trustee of this land. The north boundary of the reservation ran along Ahtanum Creek, but did not include the stream.1 The bulk of the water there comes from a branch which has its...

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