COEUR D'ALENE TRIBE OF IDAHO v. STATE OF IDAHO

Civ. No. 91-0437-N-HLR.

798 F.Supp. 1443 (1992)

In the Matter of the Ownership of the Beds and Banks and all Waters of all Navigable Water Courses Within the 1873 Coeur D'Alene Reservation Boundary. COEUR D'ALENE TRIBE OF IDAHO, in its own right and as the beneficially interested party subject to the trusteeship of the United States of America; Ernest L. Stensgar, Lawrence Aripa, Margaret José, Domnick Curley, Al Garrick, Norma Peone and Henry Sijohn, individually, in their official capacity and on behalf of all enrolled members of the Coeur D'Alene Tribe of Idaho, Plaintiffs, v. STATE OF IDAHO; Cecil D. Andrus, Governor; Pete Cenarrusa, Secretary of State; Larry Echohawk, Attorney General; J.D. Williams, Auditor; Jerry Evans, Superintendent of Public Instruction; Keith Higginson, Director, Dept. of Water Resources; each individually and in his official capacity; Idaho State Board of Land Commissioners; and Idaho State Department of Water Resources, Defendants.

United States District Court, D. Idaho.

July 20, 1992.


Attorney(s) appearing for the Case

Raymond C. Givens, Givens & Funke, Coeur d'Alene, Idaho, for plaintiffs.

Larry J. Echohawk, Atty. Gen., State of Idaho, Clive Strong, Steven W. Strack, Deputy Attys. Gen., Natural Resource Division, Boise, Idaho, for defendants.


ORDER GRANTING MOTION TO DISMISS

RYAN, District Judge.

I. FACTS AND PROCEDURE

This action was filed on October 15, 1991. The Complaint by the Coeur d'Alene Indian Tribe of Idaho and various individual tribe members (hereinafter collectively referred to as the "Tribe") against the State of Idaho and various state officials and agencies, seeks an order from the court quieting title in the Tribe to the beds, banks, and waters of all navigable watercourses...

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