United States v. Washington

AMENDED ORDER

ZILLY, District Judge.

I. INTRODUCTION

Plaintiff United States brings this action in its own right and on behalf of Plaintiff-Intervenor Lummi Indian Nation (collectively, “Plaintiffs”), seeking a declaration that the Treaty of Point Elliott impliedly reserved the. groundwater under the Lum-mi Peninsula for the use and benefit of the Lummi Nation. Defendant State of Washington, Department of Ecology (“Ecology”) issues permits to withdraw groundwater on the Lummi Peninsula, and contends that the Treaty of Point Elliott does not impliedly reserve groundwater under the Lummi Peninsula…