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U.S. v. STATE OF OR.

No. 92-35150.

29 F.3d 481 (1994)

UNITED STATES of America, Plaintiff-Appellee, and The Confederated Tribes of the Warm Springs Reservation of Oregon; Confederated Tribes of the Yakima Indian Nation; Confederated Tribes of the Umatilla Indian Reservation; Nez Perce Tribe; and the Shoshone-Bannock Tribes, Plaintiffs-Intervenors-Appellees, v. STATE OF OREGON; State of Washington, Defendants, v. CONFEDERATED TRIBES OF the COLVILLE RESERVATION, Plaintiff-Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 23, 1994.

Attorney(s) appearing for the Case

Alan C. Stay, Nespelem, WA, for plaintiff-intervenor-appellant, Confederated Tribes of the Colville Reservation.

Douglas Nash, Lapwai, ID, for plaintiff-intervenor-appellee, Nez Perce Tribe.

Tim Weaver, Yakima, WA, for plaintiff-intervenor-appellee, Confederated Tribes of the Warm Springs Reservation of Oregon.

Before: BROWNING, SCHROEDER and HALL, Circuit Judges.

SCHROEDER, Circuit Judge:

Appellant is the Confederated Tribes of the Colville Reservation ("Colville"), a confederation of eleven Indian tribes. In 1989, Colville sought to intervene in the underlying litigation that had begun in 1968 to determine Indian off-reservation fishing rights on the Columbia River and its tributaries. In its intervention petition, Colville contended that six of its constituent tribes retained fishing rights as a result of two 1855 treaties...

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