Standing Rock Sioux Tribe - Department of Water Resources

Decided January 6, 1908

APPEAL from the United States Circuit Court of Appeals for the Ninth Circuit to review a decree which affirmed a decree of the Circuit Court for the District of Montana, enjoining a diversion of the waters of Milk river. Affirmed.

*565 This suit was brought by the United States to restrain appellants and others from constructing or maintaining dams or reservoirs on the Milk river in the state of Montana, or in any manner preventing the water of the river or its tributaries from flowing to the Fort Belknap Indian Reservation.

An interlocutory order was granted, enjoining the defendants in the suit from interfering in any manner with the use by the reservation of 5,000 inches of the water of the river. The order was affirmed by the circuit court of appeals. 74 C.C.A. 666, 143, Fed. 740. Upon the return of the case to the circuit court, an order was taken pro confesso against five of the defendants. The appellants filed a joint and several answer, upon which and the bill a decree was entered making the preliminary injunction permanent. The decree was affirmed by the circuit court of appeals. 78 C.C.A.546, 148 Fed.684....

 

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Wintersv.UnitedStates207U.S.56428S.Ct.20752L.Ed.3401908.pdf