United States v. Adair
Decided November 15, 1983
In 1975 the United States filed suit in district court, pursuant to 28 U.S.C. & 1345 (1976), for a declaration of water rights within an area whose boundaries roughly coincide with the former Klamath Indian Reservation. The suit named as defendants some 600 individual owners of land within the former reservation. The Klamath Tribe intervened as a plaintiff and the State of Oregon as a defendant.
After a trial on stipulated facts, supplemented by exhibits and affidavits, the district court issued an opinion declaring: (1)the Tribe and its members have water rights sufficient to maintain their treaty rights to hunt and fish on the former reservation; (2)individual Indian landowners have water rights, subject to the paramount rights of the Tribe, sufficient to maintain agriculture on their lands; and, (3)individual non-Indian landowners could acquire the water rights of their predecessor Indian landowners. The State of Oregon and the individual landowners filed a timely appeal from the district court decision, as did the United States and the Tribe. more....
U.S.v.Adair723F.2d13949thCir.1983.pdf
In 1975 the United States filed suit in district court, pursuant to 28 U.S.C. & 1345 (1976), for a declaration of water rights within an area whose boundaries roughly coincide with the former Klamath Indian Reservation. The suit named as defendants some 600 individual owners of land within the former reservation. The Klamath Tribe intervened as a plaintiff and the State of Oregon as a defendant.
After a trial on stipulated facts, supplemented by exhibits and affidavits, the district court issued an opinion declaring: (1)the Tribe and its members have water rights sufficient to maintain their treaty rights to hunt and fish on the former reservation; (2)individual Indian landowners have water rights, subject to the paramount rights of the Tribe, sufficient to maintain agriculture on their lands; and, (3)individual non-Indian landowners could acquire the water rights of their predecessor Indian landowners. The State of Oregon and the individual landowners filed a timely appeal from the district court decision, as did the United States and the Tribe. more....
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U.S.v.Adair723F.2d13949thCir.1983.pdf
