Joint Board Of Control Of The Flathead, Mission And Jocko Irrigation Districts v. United States

832 F.2d 1127 JOINT BOARD OF CONTROL OF the FLATHEAD, MISSION AND JOCKO IRRIGATION DISTRICTS, Plaintiff-Appellee, v. UNITED STATES of America, Defendant, and Confederated Salish and Kootenai Tribes of the Flathead Reservation, Defendant- intervenor-Appellent. No. 86-4317. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 5, 1987. Decided Nov. 17, 1987. J. Daniel Hoven and Stanley T. Kaleczyc, Helena, Mont., for the Joint Bd. of Control of the Flathead, Mission and Jocko Irr. Districts. Daniel E. Decker and John B. Carter, Pablo, Mont., and James H. Goetz, Bozeman, Mont., for the Confederated Salish and Kootenai Tribes. Appeal from the United States District Court for the District of Montana. Before CANBY, REINHARDT and BEEZER, Circuit Judges. CANBY, Circuit Judge: 1 The Joint Board of Control of the Flathead, Mission and Jocko Irrigation Districts (the Joint Board) brought suit to enjoin the Bureau of Indian Affairs (the BIA) from continuing to implement its 1986 operating strategy for the Flathead Irrigation Project in Montana. The District Court granted the preliminary injunction and the Confederated Salish and Kootenai Tribes of the Flathead Reservation…