United States Ninth Circuit

In an appeal by Indian tribes of the district court's finding that they shared joint fishing rights with another tribe at the "Wenatshapam Fishery" on Icicle Creek - a tributary to the Wenatchee River which flows into the Columbia River - under an 1894 agreement between the U.S. and the Yakama tribe, the order is affirmed where the district court's ruling was supported by historical evidence establishing that it was the intent of the 1894 negotiators to grant the Wenatchi fishing rights at Wenatshapam, that the Yakama did not sell all of their fishing rights at Wenatshapam, and that both tribes' fishing rights were non-exclusive.

Appellate Information

• Argued 03/02/2010
• Decided 05/27/2010
• Published 05/27/2010

Judges

• Before RICHARD A. PAEZ, RICHARD C. TALLMAN, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Thomas Zeilman, Esq., (argued) Law Offices of Thomas Zeilman, Yakima, WA, for plaintiff-intervenor-appellant, Confederated Tribes and Bands of the Yakama Indian Nation., Robert Lundman, Esq., (argued) United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for plaintiff United States of America.


• For Appellees:
  
• Harry R. Sachse, Esq., (argued) Sonosky Chambers Sachse Endreson & Perry, Washington, D.C., for respondent-appellee Confederated Tribes of the Colville Indian Reservation.