Ute Dist. Corp. v. Sec'y. of Interior, No. 08-4147

In an action by an Indian tribe seeking a declaration that the Secretary of the Interior's implementation of the 1954 Ute Partition and Termination Act did not provide for an equitable and practicable division and distribution of water rights between "mixed-blood" and "full-blood" members of the tribe, dismissal of the action is affirmed where plaintiff could not rely on the continuing wrong doctrine to save its action from being untimely.

Read Ute Dist. Corp. v. Sec'y. of Interior, No. 08-4147

Appellate Information

Filed October 19, 2009

Judges

Opinion by Judge Briscoe

Counsel

For Appellant:

Shawn E. Draney, Max D. Wheeler, Camille N. Johnson, and Judith D. Wolferts, Snow, Christensen & Martineau, Salt Lake City, UT

For Appellees:

Katherine J. Barton, John C. Cruden, John K. Mangum, Elizabeth A. Peterson, United States Department of Justice, Washington, DC