The federal district court held that the two tribes, which had disputed fishing rights over places along the Columbia River, had to share. aug-2008-dct-order
From the opinion:
The dispute is part of a longstanding case brought by the United States to define certain Indian tribes’ treaty rights to take fish at all usual and accustomed places along the Columbia River and its tributaries. Colville sought to intervene in the case on two occasions, once in 1989 and once in 1999, but its requests were denied. See United States v. Oregon, 29 F.3d 481 (9th Cir. 1994) (“Oregon I”). In 2002, instead of moving to intervene yet again, the Colville Wenatchi began fishing at Icicle Creek.
On August 18, 2003, I granted Yakama’s motion for injunctive relief, enjoining Colville and its constituent tribes from fishing at Icicle Creek and holding that Colville was precluded by res judicata from asserting the arguments it raised in opposition to Yakama’s motion. Colville appealed that holding, and the Ninth Circuit reversed and remanded the case “for trial on the merits.” United States v. State of Oregon, 470 F.3d 809, 818 (9th Cir. 2006) (“Oregon II”). Upon remand from the Ninth Circuit, the matter was tried to the court on May 6, 7 and 8, 2008. Upon conclusion of the trial, Yakama, Colville, the United States, and the State of Washington submitted post-trial briefing.
For the reasons stated below, I find the Wenatchi and Yakama have joint fishing rights to fish at the Wenatshapam Fishery, which is located at the confluence of the Wenatchee River and Icicle Creek. Due to the alteration of this site by white settlement, and the fact that the evidence demonstrates fishing on Icicle Creek, in addition to fishing on the Wenatchee River, the nearest location for the Wenatshapam Fishery is the Leavenworth National Fish Hatchery on Icicle Creek.
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