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COLVILLE CONFEDERATED TRIBES v. WALTON

Nos. C-3421, C-3831.

460 F.Supp. 1320 (1978)

COLVILLE CONFEDERATED TRIBES, Plaintiff, v. Boyd WALTON, Jr., et ux., et al., Defendants. State of Washington, Defendant-Intervenor. UNITED STATES of America, Plaintiff, v. William Boyd WALTON et ux., et al., and the State of Washington, Defendants.

United States District Court, E. D. Washington.

October 25, 1978.

Attorney(s) appearing for the Case

William H. Veeder, Alexandria, Va., Stephen L. Palmberg, Colville Confederated Tribes, Nespelem, Wash., for Colville Confederated Tribes.

Slade Gorton, Atty. Gen., Charles B. Roe, Jr., Sr. Asst. Atty. Gen., Laura E. Eckert and Robert E. Mack, Asst. Attys. Gen., Olympia, Wash., for State of Wash.

James J. Gillespie, U. S. Atty., and Robert M. Sweeney, Asst. U. S. Atty., Spokane, Wash., for the U. S.

Nansen & Price, Omak, Wash., for Waltons.

MEMORANDUM OPINION

NEILL, Chief Judge.

In these consolidated cases plaintiffs seek declaratory and injunctive relief relating to the rights to waters of a very small waterway located entirely within the exterior boundaries of the Colville Indian Reservation in north central Washington. As the result of this extended litigation this formerly nameless waterway has acquired the appellation "No Name Creek". Because the surface water of No Name Creek has a hydraulic...

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