City loses bid for Shoshone-Bannock water rights

Wednesday, February 20, 2008  

The Idaho Supreme Court on Tuesday rejected the city of Pocatello's claim to the Shoshone-Bannock Tribes' water rights.

The city claimed water rights under an 1888 act of Congress. But in a unanimous decision, the court said the city was only granted access rights to Shoshone-Bannock water.

"A plain reading of the statutory language shows the city was not granted a federal water right," Justice Jim Jones wrote for the majority.

The 1888 act was negotiated after settlers and a railroad were continually trespassing on Shoshone-Bannock lands. The tribe agreed to cede some lands but the provisions affecting Pocatello's access rights were tacked on after the fact.

Get the Story:
Court denies ID city's bid for water right on tribal land (AP 2/20)

Get the Decision:
City of Pocatello v. Idaho (February 19, 2008)

$rl Shoshone-Bannock Tribes - http://www.shoshonebannocktribes.com