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UTE INDIAN TRIBE v. STATE OF UTAH

Nos. 81-1827, 81-1901.

716 F.2d 1298 (1983)

The UTE INDIAN TRIBE, Plaintiff/Appellant/Cross-Appellee, v. STATE OF UTAH, Defendant-Appellee, Duchesne County, a political subdivision of the State of Utah, Uintah County, a political subdivision of the State of Utah, Roosevelt City, a municipal corporation, and Duchesne City, a municipal corporation, Defendants/Appellees/Cross-Appellants, United States of America, Amicus Curiae, Paradox Production Corporation, a Utah corporation, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

August 29, 1983.

Attorney(s) appearing for the Case

Daniel H. Israel of Dechert, Price & Rhoads, Denver, Colo. (Martin Seneca, Washington, D.C., with him on the brief), for plaintiff/appellant/cross-appellee The Ute Indian Tribe.

Richard L. Dewsnup, Asst. Atty. Gen., State of Utah, Salt Lake City, Utah (David L. Wilkinson, Utah Atty. Gen., Dallin W. Jensen and Michael M. Quealy, Asst. Attys. Gen., with him on the brief), Salt Lake City, Utah, for defendant-appellee State of Utah.

Tom D. Tobin of Tobin Law Offices, P.C., Winner, S.D. (David Albert Mustone of Tobin Law Offices, P.C., Washington, D.C., Dennis L. Draney, Roosevelt City Atty., Roosevelt, Utah, Roland Uresk, Duchesne City Atty., Roosevelt, Utah, with him on the brief), for defendants/appellees/cross-appellants Counties and Cities.

Carol E. Dinkins, Asst. Atty. Gen., Robert L. Klarquist and Martin Green, Attys., Dept. of Justice, Washington, D.C., on the brief for amicus curiae United States of America.

Stewart M. Hanson, Jr. and Lucy J. Skiffington of Suitter, Axland & Armstrong, Salt Lake City, Utah, on the brief for amicus curiae Paradox Production Corp.

Before SETH, Chief Judge, DOYLE, Circuit Judge, and TEMPLAR, District Judge.

SETH, Chief Judge.

These appeals concern the continued existence of the Uncompahgre and Uintah Indian reservations. The Ute Tribe in Utah fashioned a Law and Order Code which purported to exercise jurisdiction over all the lands within the original Uintah reservation created by executive order in 1861 as well as the Uncompahgre Indian reservation created in 1882, both in Utah. The State of Utah and several Utah counties and cities questioned tribal jurisdiction over...

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