UTE INDIAN TRIBE OF THE UINTAH v. UNITED STATES

2021-1880.

99 F.4th 1353 (2024)

UTE INDIAN TRIBE OF THE UINTAH & OURAY INDIAN RESERVATION, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: April 25, 2024.


Attorney(s) appearing for the Case

Michael W. Holditch , Patterson Earnhart Real Bird & Wilson LLP, Louisville, CO, argued for plaintiff-appellant. Also represented by Frances C. Bassett .

Andrew Marshall Bernie , Appellate Section, Environment and Natural Resources Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Todd Kim .

Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge Reyna.


Plaintiff Ute Indian Tribe of the Uintah and Ouray Indian Reservation ("Tribe") brought suit against the United States in the Court of Federal Claims ("Claims Court") asserting various claims concerning water rights and water-related infra-structure. The First Amended Complaint ("Complaint") alleged that the United States breached...

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