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SALISH AND KOOTENAI TRIBES v. CLINCH

No. 97-609.

992 P.2d 244 (1999)

1999 MT 342

CONFEDERATED SALISH AND KOOTENAI TRIBES, Petitioners, v. Bud CLINCH, Director, Montana Department of Natural Resources and Conservation, and the State of Montana, Respondents.

Supreme Court of Montana.

Decided December 30, 1999.

Attorney(s) appearing for the Case

James H. Goetz (argued), Goetz, Madden & Dunn, P.C.; Bozeman, Montana; John B. Carter (argued), Confederated Salish & Kootenai Tribes; Pablo, Montana, For Petitioners.

Hon. Joseph P. Mazurek, Attorney General; Harley Harris (argued), Assistant Attorney General; Helena, Montana; Donald MacIntyre (argued), Department of Natural Resources and Conservation; Helena, Montana, For Respondents.

Jon Metropoulos, Gough, Shanahan, Johnson & Waterman, Helena, Montana; Steve Kelly, Northern Cheyenne Tribe, Lame Deer, Montana; Lois J. Schiffer, Department of Justice, Environment & Natural Resources Division, Washington, D.C.; Holly Jo Franz, Gough, Shanahan, Johnson & Waterman, Helena, Montana; John E. Bloomquist, Attorney at Law, Helena, Montana; Jeanne S. Whiteing, Whiteing & Smith, Boulder, Colorado, and James Raymond, City Attorney, Polson, Montana, For Amici.

Justice TERRY N. TRIEWEILER delivered the opinion of the Court.

¶ 1 The Petitioner, Confederated Salish and Kootenai Tribes of the Flathead Indian Reservation have petitioned this Court to accept original jurisdiction and issue an order or other appropriate writ enjoining the Respondents, Montana Department of Natural Resources and Conservation and Bud Clinch, its director, from issuing water use permits on the Flathead Indian Reservation until such time as the...

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