Judicial Termination of Treaty Water Rights: The Snake River Case
Document Type
Article
Publication Title
Idaho Law Review
Journal Abbreviation
Idaho L. Rev.
Abstract
This article criticized the Idaho district court's resolution of the Nez Perce Tribe's water rights in the Snake River Basin Adjudication (SRBA). The scope of the tribe's claims were considerable, since they included the right to maintain their fishing practices at the time of their 1855 treaty, The article examined the SRBA decision, the purposes of the 1855 treaty, the nature of the tribe's off-reservation water rights, and the unprincipled termination of those rights by the 1999 SRBA court's decision. The article's call for a correction by the Idaho Supreme Court, which the epilogue to the article noted included a conflict-of-interest on the part of the SRBA court, was later obviated by a settlement between the tribe and the state.
First Page
449
Last Page
477
Publication Date
2000
Recommended Citation
Michael Blumm, Dale D. Goble, Judith Royster & Mary C. Wood,
Judicial Termination of Treaty Water Rights: The Snake River Case,
36
Idaho L. Rev.
449
(2000).
Available at:
https://lawcommons.lclark.edu/faculty_articles/99