United States of America, and Spokane Tribe of Indians, Plaintiff-In-Intervention-Appellant v. Barbara J. Anderson, James M. Anderson

The United States of America appeals a district court’s determination that water rights appurtenant to certain reservation lands which passed out of trust status but which have subsequently been reacquired by the Spokane Tribe of Indians are entitled to a priority date as of the date of reacquisition by the Spokane Tribe. The Spokane Tribe also appeals, urging that the district court erred in holding that the State of Washington had regulatory jurisdiction over use of water by non-Indians on non-Indian land within the Spokane Indian Reservation. We affirm in part and reverse in part and remand for further proceedings in accordance with this decision.

I. BACKGROUND

This action was originally filed in 1972 by the United States, acting on its own behalf and as trustee for the Spokane Tribe of Indians (Tribe), pursuant to 28 U.S.C. § 1345 (1976). The Tribe was permitted to intervene as a plaintiff. Defendants include the State of Washington, acting in its governmental and proprietary capacities, and all other persons or corporations who might have an interest in the disputed water rights which were the subject of the litigation.

The plaintiffs sought an adjudication of water rights…