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Colville Confederated Tribes v. Walton
United States Court of Appeals for the Ninth Circuit
752 F.2d 397 (9th Cir. 1985)
The Colville Indian Reservation was created to provide land to the Colville Confederated Indian Tribes. Over time, all the reservation land held by the tribes was converted into individual allotments under the General Allotment Act of 1887, 24 Stat. 388. These individual allotments were held by the United States in trust for heirs of original Indian allotees, and by private landowners, including the Waltons. Both the heirs of the Indian allottees and the Waltons sought portions of the Colville Indian Reservation’s original water rights to irrigate the land they owned. In prior, related litigation, the United States Court of Appeals for the Ninth Circuit held that all parties were entitled to water rights in relation to the size of the irrigable land that they owned. The case was remanded to the district court to determine the scope of those water rights. After the water rights were determined by the district court, the Colville Confederated Tribes appealed the amount of water granted to the Waltons.
Rule of Law
Holding and Reasoning (Wright, J.)
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