Legal Opinion
Montana Power Co. v. Rochester
Court of Appeals for the Ninth Circuit
Decided April 15, 1942No. 9917PublishedCited by 27 opinions
1Opinion of the Court
HEALY, Circuit Judge.
The basic question here presented is whether a fee patent to allotted land bordering on Flathead Lake (a navigable lake), in the Flathead Indian Reservation, Montana, conveyed title to the low water mark of the lake, or to high water mark only.
Under a license issued by the Federal Power Commission and approved by the Secretary of the Interior, appellant constructed a dam in the outlet of Flathead Lake, the purpose of which was to develop water power and promote irrigation. Since the completion of the dam in 1938 the water of the lake has been maintained above its prior…
2Cases cited16 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Donnelly v. United StatesSupreme Court of the United States · 1913
- Winters v. United StatesSupreme Court of the United States · 1908
- Choate v. TrappSupreme Court of the United States · 1912
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
11 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Puyallup Indian Tribe v. Port of TacomaCourt of Appeals for the Ninth Circuit · 1983
- United States v. MichiganDistrict Court, W.D. Michigan · 1979
- Confederated Salish & Kootenai Tribes v. NamenCourt of Appeals for the Ninth Circuit · 1982
- United States v. BouchardDistrict Court, W.D. Wisconsin · 1978
- United States v. James Junior FinchCourt of Appeals for the Ninth Circuit · 1977
22 more not listed; retrieve them via the Exa API.