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JOINT BD. OF CONTROL OF FLATHEAD IRR. D. v. U.S.

No. 87-4106.

862 F.2d 195 (1988)

JOINT BOARD OF CONTROL OF the FLATHEAD, MISSION AND JOCKO IRRIGATION DISTRICTS, Plaintiff/Appellant, v. UNITED STATES of America; 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; Wyman Babby, Superintendent of the Flathead Agency; Defendants/Appellees, and The Confederated Salish and Kootenai Tribes of the Flathead Reservation, Intervenor-Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 29, 1988.

Attorney(s) appearing for the Case

Stanley T. Kaleczyc, Helena, Mont., for plaintiff/appellant.

Maria U. Iizuka, U.S. Dept. of Justice, Washington, D.C., for defendants/appellees, and Patrick L. Smith, Pablo, Mont., for defendant-intervenor/appellee.

Before SCHROEDER, ALARCON and NORRIS, Circuit Judges.

ALARCON, Circuit Judge:

Plaintiff/Appellant the Joint Board of Control of the Flathead, Mission and Jocko Irrigation Districts ("Joint Board") filed an action in the district court for injunctive relief from operating procedures adopted by the Bureau of Indian Affairs ("BIA"), an agency within the Department of the Interior, to regulate instream flow and reservoir pool levels on the waters administered by the Flathead Irrigation and Power Project ("FIPP"), an agency...

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