Robert Aiken, L. A. Wollam, Bernard W. Anderson, and Lloyd Campbell v. United States

Good Law
260 F.2d 936·1958 U.S. App. LEXIS 3181
United States Court of Appeals for the Ninth CircuitOctober 31, 195815834California739 words

Opinion

Opinion

Healy, J.

The questions presented in this case are: First, whether a lease of lands in an Indian Irrigation Project obligated the lessee to pay irrigation operation and maintenance assessments as required by regulations of the Department of the Interior, regardless of whether water was actually used or demanded; and, Second, whether the Government forfeited its right to the debt due on the assessments because of failure to press collection efforts expeditiously.

Appellant Aiken leased from the Government certain lands in the Blackfeet Indian Reservation, in Montana. These lands were within the Blackfeet Indian Irrigation project, title to which is in the United States in trust for the Indian allottees. One of the leases was made in 1944; the other in 1946.

About January of 1948 departmental authorities notified appellant that he had failed to pay certain maintenance and operation charges owing the Irrigation Project pursuant to the terms of the leases. Appellant declined to pay the charges on the grounds that his leases did not require such payment, and that irrigation facilities were not available for his land. (It appears that appellant had not used water for irrigation but had…

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