Colville Confederated Tribes v. Walton

In 1872, the United States government (plaintiff) created a reservation for the Colville Confederates Tribes (the Colvilles) (plaintiffs). Following the General Allotment Act of 1877, the reservation was partially carved into allotments available to individual member of the tribe, some of whom eventually sold their allotments to non-Indians. Boyd Walton, Jr. (defendant), a non-Indian, became the fee owner of three allotments in 1948, at which time 32 acres were irrigated with water diverted from No Name Creek by the previous owner. The No Name water system was located entirely within the Colvilles’ lands, and Walton’s allotments were bordered by lands that were still held in trust by the United States for the benefit of the Colvilles. Walton secured a permit to divert water for the irrigation of 72 additional acres. The Colvilles brought an action in federal district court to enjoin Walton from using No Name waters. The case was consolidated with a separate action brought by the United States against Walton, with the State of Washington as an intervenor. The court held that the water was reserved to the tribe and that Walton was not entitled to share it, with the exception of the 32 acres that were already being irrigated when Walton acquired his allotments. The court also held that the state lacked authority to regulate No Name waters. Walton, the tribe, and the state appealed various aspects of the decision to the United States Court of Appeals for the Ninth Circuit.