The Wahkiakum Band of Chinook Indians v. Mrs. Allen Bateman

Appellants, the Wahkiakum Band of Chinook Indians, et al., (Wahkiakum) appeal from the district court’s grant of summary judgment. We affirm.

The Wahkiakum sought declaratory and injunctive relief to protect their alleged fishing rights in the Columbia River, naming as defendants officials of the states of Oregon and Washington responsible for regulating the harvesting of fish in the Columbia River. Three other entities, the Confederated Tribes of the Warm Springs Reservation, the Confederated Tribes of the Umatilla Indian Reservation, and the Columbia River Fishermen’s Protective Union, and two of its officers (Commercial Fishermen), were allowed to intervene as defendants. The Quinault Indian Nation and the United States have participated as amici curiae urging affirmance.

In the district court, appellants asserted a federally protected right to fish the waters of the Columbia River at their usual and accustomed grounds based on (1) the laws, treaties and Constitution of the United States; and in the alternative (2) an aboriginal fishing right. The defendants moved for summary judgment denying the existence of such rights as a matter of law. The district court granted the…