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COLVILLE CONFEDERATED TRIBES v. WALTON

Nos. 79-4297, 79-4309 and 79-4383.

647 F.2d 42 (1981)

COLVILLE CONFEDERATED TRIBES, Plaintiff-Appellant, v. Boyd WALTON, Jr., et ux, et al., Defendants-Appellees, and State of Washington, Intervening Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. William Boyd WALTON et ux, Defendants-Appellants, and State of Washington, Defendant. UNITED STATES Of America, Plaintiff-Appellee, v. William Boyd WALTON, Jr., et ux, Defendants, and State of Washington, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 1, 1981.

Attorney(s) appearing for the Case

Richard B. Price, Nansen, Price & Howe, Omak, Wash., for Walton.

Charles B. Roe, Jr., Olympia, Wash., for State of Wash.

Sanford Sagalkin, Washington, D.C., argued; Robert M. Sweeney, Asst. U.S. Atty., Spokane, Wash., for U.S.A.

William H. Veeder, Washington, D.C., for Colville et al.

Before WRIGHT and SKOPIL, Circuit Judges, and CURTIS, Senior District Judge.

WRIGHT, Circuit Judge:

Rehearing has been granted. The opinion filed on August 20, 1980 is withdrawn and is replaced by this opinion.

The Colville Confederated Tribes initiated this case a decade ago. They sought to enjoin Walton, non-Indian owner of allotted lands, from using surface and ground waters in the No Name Creek basin. The State of Washington intervened, asserting its authority to grant water permits on reservation lands, and the case was consolidated...

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