In re General Adjudication of All Rights to Use Water in the Big Horn River System (Big Horn III)
Wyoming Supreme Court
835 P.2d 273 (1992)
- Written by Eric Miller, JD
Facts
In Big Horn I, 753 P.2d 76 (1988), the tribes of the Wind River Indian Reservation (the tribes) (plaintiffs) were awarded most of the Big Horn River System’s annual flow to use for agricultural purposes. However, the tribes were denied the right to use the water for their desired purpose of restoring reservation fisheries. The tribes subsequently formed their own administrative body, adopted a water code, and issued a permit allowing instream flows of the water to be used for fishery purposes. This led to disputes with other holders of water rights within the river system. The state engineer (defendant) refused to enforce the tribes’ permit. The tribes brought suit in federal district court, which found in favor of the tribes. The state appealed to the Wyoming Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Macy, J.)
Concurrence/Dissent (Brown, J.)
Concurrence/Dissent (Cardine, J.)
Dissent (Golden, J.)
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