United States v. Yakima Tribal Court of the Yakima Indian Nation and David Ward, Tribal Judge

This case arises from the efforts of two Yakima Indian sisters to prevent federal officials from relocating an irrigation canal on their land. They won a permanent restraining order in tribal court. The United States sued in district court to void the order on the ground that the tribal court lacked jurisdiction to enjoin federal officials from performing their official duties. The district court granted the government’s motion for summary judgment, and the tribal defendants appealed. We affirm.

ISSUES

FACTS AND PROCEEDINGS BELOW

Viola Sohappy and LaRena Sohappy Brown, Yakima Indians, own Trust Allotment No. 1906 on the Yakima Indian Reser vation. For many years, an irrigation canal in the Wapato Irrigation Project (“WIP”) has carried water to and across the Sohappys’ land. The WIP is administered by the Bureau of Indian Affairs (“Bureau”) in the Interior Department. The Project Engineer is Louis B. Hilderbrand.

The original canal ran along the north side of the allotment to a point near the northeast corner. From there, it angled southeast across a corner of the allotment, and then ran along the eastern boundary. The WIP also used a small ditch on the northern boundary to…