United States v. Ahtanum Irrigation District

This is a suit brought by the United States as trustee for the Yakima tribe of Indians to establish and quiet title to the Indians’ right to the use of the waters of Ahtanum Creek in the State of Washington, which right is alleged to have been reserved by the treaty of June 9, 1855 between the United States and the Confederated Tribes of Yakima Indians. 1 This was the treaty by which the Yakima Indian reservation was set aside for the Indians. The defendants in the main are the non-Indian owners of lands outside the reservation who had appropriated or claimed rights to the use of the waters of the stream which formed the northern boundary of the reservation.

Holding that the United States had not proved that it, as trustee or otherwise, had any right, title or interest in any water of Ahtanum Creek, 3 the trial court *324 dismissed the action and the complaint on the merits.

The complaint sets out the treaty whereby a certain tract of land in the then Territory of Washington was set aside and reserved for the use of the Yakima tribe as a home and abiding place of the Indians. It alleged that in view of the purposes of the treaty, its intention to encourage the Indians to give…

(concurring) .

I concur. I do think that there may be unintended overtones in what Judge POPE says about the Interior Department, Assistant Secretary of the Interior Pierce and Chief Engineer Code which are a little harsh as to their conduct in 1908. I assume that the two men have departed from this vale and 48 years later they cannot defend themselves. Even though they may have known of the Winters decision, those who have a duty to act today may make mistakes which, in the course of future events, may indicate bad judgment.

If the 1908 agreement today works a great injustice, I think that it is for the Congress to correct the unfairness if such there be by developing other ii'-rigable land for the Indians involved. Therefore, I think it is right that we should uphold the agreement of 1908.

236 F.2d 321 UNITED STATES of America, Appellant, v. AHTANUM IRRIGATION DISTRICT et al., Appellees. No. 14714. United States Court of Appeals Ninth Circuit. July 10, 1956. COPYRIGHT MATERIAL OMITTED J. Lee Rankin, Asst. Atty. Gen., William H. Veeder, David R. Warner, Attys., Dept. of Justice, Washington, D. C., for appellant. Fred C. Palmer, Yakima, Wash., Charles L. Powell, Kennewick, Wash., J. W. McArdle, E. C. Prestbye, Spokane, Wash., for appellee. Don Eastvold, Atty. Gen. of Washington, E. P. Donnelly, Asst. Atty. Gen., for intervening appellee, State of Washington. Before POPE, LEMMON and CHAMBERS, Circuit Judges. POPE, Circuit Judge. 1 This is a suit brought by the United States as trustee for the Yakima tribe of Indians to establish and quiet title to the Indians' right to the use of the waters of Ahtanum Creek in the State of Washington, which right is alleged to have been reserved by the treaty of June 9, 1855 between the United States and the Confederated Tribes of Yakima Indians. 1 This was the treaty by which the Yakima Indian reservation was set aside for the Indians. The defendants in the main are the non-Indian owners of lands outside the reservation who had…