Phelps

Appellants brought this suit to quiet title to the waters of the south fork of Dry Head Creek in the Crow Indian Reservation in Montana. The stream has its source off the Reservation but flows into it and upon appellants’ lands. Appellants, who are white grantees or successors in interest of a Crow Indian allottee, claim a prior right to the use of its waters as an appurtenance to their lands situated within the Reservation. Their complaint was dismissed by the trial court on motion of the defendants (appellees) for lack of the necessary jurisdictional averments.

It appears on the face of the complaint that there is not diversity of citizenship as -between the plaintiffs and all of the defendants. Jurisdiction attaches, if at all, under § 24(1) of the Judicial Code, 28 U.S. C.A. § 41(1), giving to the district courts original jurisdiction of suits of a civil nature, at common law or in equity, where the matter in controversy exceeds $3,000, “and * * * arises under the Constitution or laws of the United States, or treaties made, or which shall be made, tinder their authority.” The claim, as laid in the complaint, is that jurisdiction attaches by virtue of the fact that the rights…