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STATE OF ALASKA v. UNITED STATES

No. 84-3625.

754 F.2d 851 (1985)

STATE OF ALASKA, Plaintiff-Appellant, v. UNITED STATES of America, et al., Defendant-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 28, 1985.

As Corrected May 3, 1985.

Attorney(s) appearing for the Case

Kenneth C. Powers, Asst. Atty. Gen., Anchorage, Alaska, for plaintiff-appellant.

Blake A. Watson, Department of Justice, Washington, D.C., for United States of America.

Robert H. Hume, Jr., Keane, Harper, Pearlman & Copeland, Anchorage, Alaska, for Iliamna Natives Ltd.

Frederick H. Boness, Preston, Thorgrimson, Ellis & Holman, Anchorage, Alaska, for Bristol Bay Native Corporation.

James Wickwire, David C. Crosby, Wickwire, Lewis, Goldmark & Schorr, Seattle, Wash., for amicus curiae Artic Slope Regional Corporation.

Richard M. Frank, Deputy Atty. Gen., Sacramento, Cal., for amicus curiae State of Cal.

Before WRIGHT and TANG, Circuit Judges, and THOMPSON, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

This dispute over ownership of the bed of Slopbucket Lake raises an issue of first impression: whether floatplane use renders a small Alaska lake navigable for purposes of title under the "equal footing" doctrine. Our resolution of this issue potentially affects ownership of thousands of acres underlying small lakes throughout Alaska.

FACTS

Slopbucket Lake is a small lake (approximately 20 acres)

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