Mixed-Blood Utes – Turtle Talk

Mixed-Blood Utes Loses Trust Accounting Claim

January 16, 2010Matthew L.M. Fletcher

Here is the opinion in Felter v. Salazar (D. D.C.) — Dismissal Memo 1.15.10.

An excerpt:

Although P.L. 108-108 did revive at the time of its enactment time-barred claims then pending in litigation, it did not waive the preclusive effects of prior judgments, and the plaintiffs are collaterally estopped from arguing that the defendants had an obligation to supervise in trust the plaintiffs’ share of the ICC judgment. The plaintiffs therefore cannot demonstrate that they are entitled to an accounting, and the defendants’ motion to dismiss will be granted.

Mixed-Blood Utes Water Rights Found Terminated

June 5, 2008Matthew L.M. Fletcher

In Ute Distribution Corp. v. Secretary of Interior, the federal district court in Utah affirmed the Secretary’s decision that the water rights of the mixed-blood (terminated) Utes could be and had been distributed. From the opinion:

For the foregoing reasons, the Court finds that the tribal reserved water rights of the Ute Indian Tribe were both an asset susceptible to equitable and practicable distribution in 1961 and were in fact divided. Although the Court finds that the Secretary’s recent decisions are within the statutory authority provided under the UPA and is thus entitled to deference, under either standard of review, whether it be de novo or arbitrary and capricious, the conclusion is the same. The Secretary’s decision is AFFIRMED.

Slip op. at

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federal-tribal-motion-to-dismiss

udc-opposition-to-motion-to-dismiss

us-tribal-reply-brief