United States v. Adair
United States Court of Appeals for the Ninth Circuit
723 F.2d 1394 (9th Cir. 1983)
The Klamath Marsh and Williamson River are located in south-central Oregon. Both rivers were important water sources to the Klamath Indians, who lived in the area for over a thousand years. In 1864, the Klamath Indians signed a treaty relinquishing most of their land in exchange for a reservation that included the Klamath Marsh and part of the Williamson River watershed. Later, through a series of acts, much of the Klamath reservation was sold off, with the retained land placed in trust for the Klamath Tribe. The United States later purchased much of the trust land for wildlife sanctuaries and national forests. In 1975, the United States (plaintiff) sued for a declaration of the water rights in the former Klamath Reservation area. The government named as defendants individual owners of land in the area, including Adair (defendant). The United States argued that the Klamath Indians retained reserved water rights for hunting and fishing under the 1864 treaty, but the landowners argued that the Indians had water rights under the treaty only for agricultural purposes. The district court agreed with the United States, holding that the Klamath Indians had an implied reservation of water rights for hunting and fishing.
Rule of Law
Holding and Reasoning (Fletcher, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.