CONFEDERATED SALISH & KOOTENAI TRIBES v. STATE OF MONT.

No. CV 81-149-M.

616 F.Supp. 1299 (1985)

CONFEDERATED SALISH & KOOTENAI TRIBES OF the FLATHEAD RESERVATION, MONTANA, et al, Plaintiffs, v. STATE OF MONTANA, et al, Defendants.

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

September 9, 1985.


Attorney(s) appearing for the Case

James Goetz, Goetz, Madden & Dunn, Bozeman, Mont., Daniel F. Decker, John B. Carter, Tribal Attorneys, Pablo, Mont., for plaintiffs.

Helen S. Maclay, Missoula, Mont., Deirdre Boggs, Hamilton, Mont., Chris D. Tweeten, Atty. Gen., Helena, Mont., for defendants.


OPINION AND ORDER

LOVELL, District Judge.

Plaintiffs, the Confederated Salish and Kootenai Tribes and certain of their members (hereinafter also "Tribes") instituted this action in 1981, seeking to enjoin the application or enforcement of the Montana Water Use Act of 1973 [§§ 85-2-101 through 85-2-704 and §§ 3-7-101 through 3-7-502, M.C.A. (1983)] on the Flathead Indian Reservation and to any and all waters arising upon, flowing through...

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