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SOUTHERN UTE INDIAN TRIBE v. BOARD OF COUNTY COM'RS

Civ. A. No. 93-K-2070.

855 F.Supp. 1194 (1994)

SOUTHERN UTE INDIAN TRIBE d/b/a Red Willow Production Company, Plaintiff, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF LA PLATA, STATE OF COLORADO; Fred Klatt, Commissioner of La Plata County, Colorado; Shirley Baty, Commissioner of La Plata County, Colorado; Ed Murray, Treasurer of La Plata County, Colorado; Craig Larson, Assessor of La Plata County, Colorado; State of Colorado; Department of Revenue of the State of Colorado; Renny Fagan, Executive Director of Department of Revenue, State of Colorado; Oil and Gas Conservation Commission of the State of Colorado; Susan McCannon, Acting Director of the Oil and Gas Conservation Commission, State of Colorado; Division of Property Taxation of the State of Colorado; Mary Huddleston, Property Tax Administrator for the State of Colorado, Defendants.

United States District Court, D. Colorado.

June 13, 1994.

Attorney(s) appearing for the Case

Thomas M. Shipps and Sam W. Maynes, Maynes, Bradford, Shipps & Sheftel, Durango, CO, for plaintiff.

Larry A. Williams, First Asst. Atty. Gen., Legal Services Section and Julie Wrend, Asst. Atty. Gen., Natural Resources Section, Denver, CO, for all Colorado state defendants.

K. Kane Graves, La Plata County Atty., Durango, CO, for all La Plata County defendants.

Judith Rabinowitz, Dept. of Justice, Environmental and National Resources Div., Washington, DC, and William G. Pharo, Asst. U.S. Atty., Denver, CO, for the U.S. (made brief argument amicus curiae).

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

In this case, I am confronted with novel and complex issues of Indian taxation. In cross-motions for summary judgment, Plaintiff Southern Ute Indian Tribe (the "Tribe") and Defendants the Board of County Commissioners of La Plata County (the "County") and the State of Colorado (the "State") contest the extent to which tribal real property interests may be taxed.1 The United...

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