KENAI OIL AND GAS, INC., a corporation, Bow Valley Petroleum, Inc., a corporation for themselves and for all others similarly situated, Plaintiffs-Appellants,
v.
The DEPARTMENT OF the INTERIOR OF the UNITED STATES; James G. Watt, individually and as Secretary of the Interior; The Bureau of Indian Affairs; Thomas Fredricks or his successor, individually and as Commissioner of the Bureau of Indian Affairs; Curtis Geiogamah, individually and as Acting Area Director of Indian Affairs, Phoenix Area; L. W. Collier, Jr., individually and as Superintendent of the Bureau of Indian Affairs, Uintah and Ouray Agency; Ute Indian Tribe, a federal corporation; and Ruby Black, Charles Redfoot, Antone Appawoo, Floyd Wopsock, Leon Perank, Ouray McCook, Sr., individually and as members of the Ute Tribal Council, Defendants-Appellees,
Reading & Bates Petroleum Co., Amicus Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Argued and Submitted November 17, 1981.
Decided February 17, 1982.
Rehearing Denied March 16, 1982.
Attorney(s) appearing for the Case
F. Alan Fletcher, Salt Lake City, Utah (Lawrence S. Skiffington, Salt Lake City, Utah, with him on the brief) of Pruitt & Gushee, Salt Lake City, Utah, for plaintiffs-appellants.
Martin E. Seneca, Jr., Washington, D. C., for defendant-appellee Ute Indian Tribe.
David C. Shilton, Atty., Dept. of Justice, Washington, D. C. (Carol E. Dinkins, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Francis M. Wikstrom, U. S. Atty., D. Utah, Barbara W. Johnsen, Asst. U. S. Atty., D. Utah, Salt Lake City, Utah, and Anne S. Almy, Atty., Dept. of Justice, Washington, D. C., with him on the brief), for defendant-appellee Dept. of the Interior.
James C. T. Hardwick, Kent L. Jones and Mark K. Blongewicz of Hall, Estill, Hardwick, Gable, Collingsworth & Nelson, P. C., Tulsa, Okl., for Reading & Bates Petroleum Co. as amicus curiae.
Before BARRETT, McKAY and LOGAN, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
McKAY, Circuit Judge.
Appellants are lessees of several oil and gas leases from Ute Indians1 on lands within the Uintah and Ouray Indian Reservation. The leases were approved by the Bureau of Indian Affairs (BIA) on various dates beginning March 23, 1971. By their terms, the leases would expire ten years from the date of BIA approval unless at that time wells on each lease were producing oil or gas in paying quantities. Prior to the expiration...
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