10th Circuit Court Of Appeals Upholds Previous Ruling In Ute Tribe Water Dispute

by | May 4, 2022 | News | 0 comments

A water dispute between the Ute Indian Tribe and a Tridell landowner has received further guidance from federal courts. In 2015, the Ute Indian Tribe brought a suit before the Ute Tribal Court against Greg McKee, a non-tribal member who the Tribe alleged was unlawfully using water from Deep Creek Canal. On August 3rd, 2015, the Ute Tribal Court ruled in favor of the Ute Tribe, awarding the Tribe damages of over $140,000 dollars. As a non-tribal member and private landowner McKee did not acknowledge the Tribal Court as having authority over him. As a result, the Ute Indian Tribal Business Committee brought the matter before a variety of federal judges looking for help in enforcing their ruling. So far their efforts have been without success, with the rulings focused less on the water dispute and more on the Tribe asserting authority over a non-tribal member. Most recently came a 10th Circuit Court of Appeals ruling on Wednesday from Judge Joel Carson who upheld a U.S. District Court ruling that the Ute Tribal Court lacked jurisdiction over McKee. 


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