ARIZONA v. SAN CARLOS APACHE TRIBE

No. 81-2147.

463 U.S. 545 (1983)

ARIZONA ET AL. v. SAN CARLOS APACHE TRIBE OF ARIZONA ET AL.

Supreme Court of United States.

Decided July 1, 1983


Attorney(s) appearing for the Case

Jon L. Kyl argued the cause for petitioners in No. 81-2147. With him on the briefs were M. Byron Lewis, John B. Weldon, Jr., Alvin H. Shrago, Robert K. Corbin, Attorney General of Arizona, Russell A. Kolsrud, Assistant Attorney General, and Bill Stephens. Michael T. Greely, Attorney General of Montana, argued the cause for petitioners in No. 81-2188. With him on the brief were Helena S. Maclay and Deirdre Boggs, Special Assistant Attorneys General, Cale Crowley, Maurice R. Colberg, Jr., James E. Seykora, Bert W. Kronmiller, and Douglas Y. Freeman.

Deputy Solicitor General Claiborne argued the cause for the United States in both cases. With him on the briefs were Solicitor General Lee, Assistant Attorney General Dinkins, and Thomas H. Pacheco.

Simon H. Rifkind argued the cause for respondents in No. 81-2147. With him on the brief for respondent Navajo Nation were Mark H. Alcott, Peter Buscemi, George P. Vlassis, and Katherine Ott. Joe P. Sparks, E. Dennis Siler, and Kevin T. Tehan filed a brief for respondents San Carlos Apache Indian Tribe et al. Philip J. Shea filed a brief for respondent Salt River Pima-Maricopa Indian Community. Arlinda Locklear and Richard Dauphinais filed a brief for respondent Ft. McDowell Mohave-Apache Indian Community. Robert S. Pelcyger argued the cause for respondents in No. 81-2188 and filed a brief for respondent Crow Tribe of Indians. Reid Peyton Chambers, Loftus E. Becker, Jr., Jeanne S. Whiteing, and Richard Anthony Baenen filed a brief for respondents Assiniboine and Sioux Tribes et al. Steven L. Bunch filed a brief for respondent Bowen.

Lester K. Taylor filed a brief for the Jicarilla Apache Tribe as amicus curiae urging affirmance in both cases. Richard W. Hughes filed a brief for the Chippewa-Cree Tribes of the Rocky Boys Reservation, Montana, as amicus curiae urging affirmance in No. 81-2188.


JUSTICE BRENNAN delivered the opinion of the Court.

These consolidated cases form a sequel to our decision in Colorado River Water Conservation District v. United States, 424 U.S. 800 (1976). That case held that (1) the McCarran Amendment, 66 Stat. 560, 43 U. S. C. § 666, which waived the sovereign immunity of the United States as to comprehensive state water rights adjudications...

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