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SAN CARLOS APACHE TRIBE v. U.S.

No. CV 99-255 TUC DCB.

272 F.Supp.2d 860 (2003)

SAN CARLOS APACHE TRIBE, a federally recognized Indian Tribe; and Velazquez Sneezy; Steven Casa, and Elliott Talgo, Sr., members of the San Carlos Indian Tribe, Plaintiffs, v. UNITED STATES of America; and United States of America as Trustee for Gila River Indian Community, a federally recognized Indian tribe; and San Carlos Apache Tribe, a federally recognized Indian Tribe; Gale Norton, Secretary of the U.S. Department of the Interior; the U.S. Department of Interior; and Neil A. McCaleb, Director of the Bureau of Indian Affairs, a federal agency within the United States Department of the Interior; operating the San Carlos Indian Irrigation Project (SCIIP), for the benefit of the San Carlos Irrigation and Drainage District (SCIDD), Defendants,

United States District Court, D. Arizona.

July 9, 2003.

Attorney(s) appearing for the Case

John H Ryley, Esq, Joe P Sparks, Esq, Kevin T Tehan, Esq, Susan B Montgomery, Sparks Tehan & Ryley PC, Scottsdale, for San Carlos Apache Tribe of Arizona, a federally recognized Indian tribe, Velasquez Sneezy, Sr, members of the San Carlos Apache Tribe, Elliott Talgo, Sr, members of the San Carlos Apache Tribe plas.

Patrick Barry, U.S. Dept of Justice, Land & Natural Resources Division, Washington, DC, Don B Overall, U.S. Attorney's Office, Tucson, Rodney B Lewis, Esq, Gila River Indian Community, Pima-Maricopa Tribe Law Office, Sacaton, John T Hestand, Esq, Ofc of Water Rights, Gila River Indian Community, Chandler, Riney B Salmon, II, Esq, Lisa Michelle McKnight, Esq, Salmon Lewis & Weldon PLC, Phoenix, for United States of America, Gila River Indian Community, a federally recognized Indian Tribe, San Carlos Apache Tribe of Arizona, a federally recognized Indian tribe, Interior, Department of, San Carlos Irrigation Project District, for the benefit of the San Carlos Irrigation and Drainage District, dfts.

ORDER

BURY, District Judge.

Plaintiffs, the San Carlos Apache Tribe (Apache Tribe) brought this action in 1999. They sought and were denied a Temporary Restraining Order and a Preliminary Injunction against Defendants the United States of America, the Secretary of the United States Department of the Interior, the Bureau of Indian Affairs (BIA) operating the San Carlos Indian Irrigation Project (SCIIP)1 for the benefit of the...

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