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CONFEDERATED SALISH & KOOTENAI TRIBES v. FLATHEAD IRR. AND POWER PROJECT

No. CV 85-150-M.

616 F.Supp. 1292 (1985)

CONFEDERATED SALISH AND KOOTENAI TRIBES OF the FLATHEAD RESERVATION, MONTANA, Plaintiff, v. FLATHEAD IRRIGATION AND POWER PROJECT; August C. Mueller, Acting Project Engineer, Flathead Irrigation and Power Project; and United States of America, Defendants, and Joint Board of Control of the Flathead, Mission and Jocko Valley Irrigation Districts, Intervening Defendant.

United States District Court, D. Montana, Missoula Division.

August 20, 1985.

Attorney(s) appearing for the Case

Stanley T. Kaleczyc, R. Stephen Browning, and J. Daniel Hoven, Browning & Kaleczyc, P.C., F. Woodside Wright, Helena, Mont., for defendants.

Mike Greely, Atty. Gen., Clay R. Smith, Asst. Atty. Gen., Helena, Mont., Deirdre Boggs, Hamilton, Mont., for Intervenor Joint Board of Control.

James H. Goetz, and Brigitte M. Anderson, Goetz, Madden & Dunn, P.C., Bozeman, Mont., Daniel F. Decker, John B. Carter, and Patrick L. Smith, Confederated Salish & Kootenai Tribes, for Intervnor State of Mont.

Robert Brooks, Asst. U.S. Atty., Vernon Peterson, Regional Sol., Portland, Or., and Ann Crichton, U.S. Dept. of Interior, Washington, D.C., for plaintiff.

MEMORANDUM OPINION AND ORDER

LOVELL, District Judge.

This is an action for injunctive relief by Plaintiff, (hereinafter also "Tribes"), to enjoin Defendants (hereinafter also the "Project") from endangering the Tribes' fishing and appurtenant water rights allegedly guaranteed by the Hell Gate treaty of July 16, 1855.1

The parties are: Plaintiff, the Confederated Salish and Kootenai Tribes of the Flathead Reservation,...

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