White Mountain Apache Tribe v. Donald P. Hodel, Secretary Frank K. Richardson, Solicitor James H. Stevens, Area Director, Bureau of Indian Affairs

This is another case in the continuing dispute over Indian rights to water from the Salt River watershed in Arizona. In this appeal, the White Mountain Apache Tribe challenges the dismissal of several of its claims against officials of the U.S. Department of the Interior. The claims were primarily based on the government’s allegedly poor performance as trustee for the Tribe’s natural resources. The Tribe characterizes its action as raising one indivisible claim for “mismanagement.” We conclude, however, that the complaint actually asserted various claims, several of which are also important to our decision in the companion appeal United States v. White Mountain Apache Tribe, 784 F.2d 917 (9th Cir.1986), also decided today.

BACKGROUND

Currently pending before the Superior Court for Maricopa County, Arizona, is the Consolidated water rights determination proceeding entitled In re the General Adjudication of All Rights to Use Water in the Gila River System and Source, W-l through W-4 (“W-l”). The United States is a party to W-l, in part because of its role as trustee for the Tribe and, accordingly, as holder of legal title to any water rights to which the Tribe may be beneficially…