Judicial Termination of Treaty Water Rights: The Snake River Case

30 Pages Posted: 18 Jul 2017

See all articles by Michael C. Blumm

Michael C. Blumm

Lewis & Clark Law School

Dale D. Goble

University of Idaho College of Law

Judith Royster

University of Tulsa College of Law

Mary C. Wood

University of Oregon - School of Law

Date Written: March 14, 2000

Abstract

This article criticized the Idaho district court's resolution of the Nez Perce Tribe's water rights in the Snake River Basin Adjudication (SRBA). The scope of the tribe's claims were considerable, since they included the right to maintain their fishing practices at the time of their 1855 treaty, The article examined the SRBA decision, the purposes of the 1855 treaty, the nature of the tribe's off-reservation water rights, and the unprincipled termination of those rights by the 1999 SRBA court's decision. The article's call for a correction by the Idaho Supreme Court, which the epilogue to the article noted included a conflict-of-interest on the part of the SRBA court, was later obviated by a settlement between the tribe and the state.

Keywords: water rights, Indian tribes, federal reserved rights, federalism, treaty fishing rights

JEL Classification: H23, H44, H77, H82, K11, K32, N52, O13, O44, P28, Q13, Q22, Q25, Q28, Q42, Q48, Q58

Suggested Citation

Blumm, Michael C. and Goble, Dale D. and Royster, Judith and Wood, Mary C., Judicial Termination of Treaty Water Rights: The Snake River Case (March 14, 2000). Idaho Law Review, Vol. 36, No. 449, 2000. Available at SSRN: https://ssrn.com/abstract=3002233

Michael C. Blumm (Contact Author)

Lewis & Clark Law School ( email )

10015 S.W. Terwilliger Blvd.
Portland, OR 97219
United States
503-768-6824 (Phone)
503-768-6701 (Fax)

Dale D. Goble

University of Idaho College of Law ( email )

P.O. Box 442321
Moscow, ID 83844-2321
United States

HOME PAGE: http://www.law.uidaho.edu/faculty/goble.asp

Judith Royster

University of Tulsa College of Law ( email )

3120 E. Fourth Place
Tulsa, OK 74104
United States

Mary C. Wood

University of Oregon - School of Law ( email )

1515 Agate Street
Eugene, OR Oregon 97403
United States

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