Court to Decide Tribal Water Rights

Court to Decide Tribal Water Rights | 1997

Published: March 27, 1997, 12:00 a.m. MST

A federal court will hear a case brought by Ute Distribution Corp. seeking tribal water rights for mixed-blood Ute Indians who were terminated from tribal rolls 42 years ago.

U.S. District Chief Judge David K. Winder recently denied motions by Ute Tribe attorneys to dismiss the case on the grounds the tribe has sovereign immunity from such actions.Robert S. Thompson, Ute Tribe attorney, said the tribe will appeal the judge's ruling "on the grounds that we're immune from suit."

At issue is an attempt by Ute Distribution Corp. to assert a right of joint management over approximately 27 percent of the water rights now held by the Ute Indian Tribe. The corporation already manages 27 percent of the proceeds from the "indivisible" assets - such as lease payments for gas, oil and mineral rights - which were given to the 490 mixed blood Utes, along with real property upon their termination from tribal rolls in 1954.

Ute Development Corp. attorney Max Wheeler said the group is simply asking for a declaration of its right to jointly manage the undivided property assets, which they maintain should include water rights. Along with those water rights comes millions of dollars in potential revenue for the terminated Utes.

With a pending appeal, Thompson predicted it could take years for the case to be resolved.

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Affiliated Ute Citizens of the State of Utah

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