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JOINT BD. OF CONTROL OF FLATHEAD, MISSION v. U.S.

No. CV-86-156-M-CCL.

646 F.Supp. 410 (1986)

The JOINT BOARD OF CONTROL OF the FLATHEAD, MISSION AND JOCKO IRRIGATION DISTRICT, Plaintiff, v. The UNITED STATES OF AMERICA; The United States Department of the Interior; The Honorable Donald Hodel, Secretary of the Interior; The Bureau of Indian Affairs, an agency within the Department of Interior; Stanley Speaks, Director, Portland Area Office, Bureau of Indian Affairs; and the Flathead Irrigation and Power Project, an agency within the Bureau of Indian Affairs; Defendants, and The Confederated Salish and Kootenai Tribes of the Flathead Reservation, Intervenor-Defendant.

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

October 16, 1986.

Attorney(s) appearing for the Case

Stanley T. Kaleczyc, J. Daniel Hoven, Lisa Leckie, Browning, Kaleczyc, Berry & Hoven, P.C., Helena, Mont., for plaintiff.

Robert Brooks, Asst. U.S. Atty., Butte, Mont., for defendants.

James H. Goetz, Goetz, Madden & Dunn, P.C., Bozeman, Mont., Daniel F. Decker, Legal Dept., Confederated Salish & Kootenai Tribes, Pablo, Mont., for intervenor-defendant.

OPINION AND ORDER

LOVELL, District Judge.

INTRODUCTION

For the second consecutive year these same parties are before the Court quarreling over water allocation on the Flathead Indian Reservation.

In July 1985, the Confederated Salish and Kootenai Tribes of the Flathead Indian Reservation ("Tribes") commenced an action to enjoin the dewatering of streams and reservoirs on the Reservation for irrigation. The Tribes claimed that distribution...

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