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CONFEDERATED SALISH & KOOTENAI TRIBES, ETC. v. NAMEN

Nos. 80-3189, 80-3190, 80-3196, 80-3216 and 80-3274.

665 F.2d 951 (1982)

CONFEDERATED SALISH AND KOOTENAI TRIBES OF the FLATHEAD RESERVATION, MONTANA, et al., Plaintiffs-Appellants/Cross-Appellees, v. James M. NAMEN, et al., City of Polson, Montana, and State of Montana, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 11, 1982.

Rehearing and Rehearing Denied March 10, 1982.

Attorney(s) appearing for the Case

Martin W. Matzen, Dept. of Justice, Washington, D. C., argued, for the U. S.; Robert T. O'Leary, Billings, Mont., on brief.

Edward M. Fogarty, Wilkinson, Cragun & Barker, Washington, D. C., argued, for Confederated Salish and Kootenai; Richard A. Baenen, Washington, D. C., on brief.

Urban Roth, Poore, Roth, Robischon & Robinson, Butte, Mont., for State of Mont. and James M. Namen, et al.

F. L. Ingraham, Christian, McCurdy, Ingraham & Wold, Ronan, Mont., for City of Polson; Tom D. Tobin, Winner, S. D., William W. Shakely, Tobin Law Offices, P. C., Washington, D. C., on brief.

Before PREGERSON and POOLE, Circuit Judges, and KELLAM, District Judge.

Rehearing and Rehearing En Banc Denied March 10, 1982.

PREGERSON, Circuit Judge:

These consolidated appeals stem from attempts by the Confederated Salish & Kootenai Tribes of Flathead Reservation [hereinafter "the Tribes"] to regulate the manner in which non-Indians who own land bordering a navigable lake on the reservation exercise their riparian rights. The Tribes seek to enforce an ordinance they enacted in 1977 to regulate both existing and future...

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