Confederated Tribes of Chehalis Indian Reservation v. Washington

This case involves claims by two Indian tribes in Southwest Washington to off-reservation fishing rights. The Shoalwater Bay Tribe and the Confederated Tribes of the Chehalis Indian Reservation have no such rights by treaty, but they assert that they have implied fishing rights arising from the executive orders creating their reservations. They also argue that they are entitled to the treaty fishing rights of the Quinault Tribe. Finally, they argue that they have extant fishing rights based on Chehalis aboriginal title. Allied against the Tribes on appeal are the United States, the State of Washington and the Quinault Tribe.

In its findings of fact and conclusions of law, the district court concluded that the Tribes’ claims were not well-founded. We agree and affirm the judgment of the court. We also affirm the court’s judgment on the question of the boundaries of the Chehalis Reservation.

BACKGROUND

A. Introduction

The Confederated Tribes of the Chehalis Indian Reservation (“Chehalis Tribe”) occupy a reservation at the confluence of the Black and Chehalis Rivers in Southwest Washington. This reservation was created by secretarial order in 1864. Tribal membership…