Te-Moak Bands of Western Shoshone Indians of Nevada v. United States

OPINION

SMITH, Chief Judge.

This matter, presently pending before the court on defendant’s motion to dismiss plaintiffs’ water claims pursuant to Rule 12(b)(1) of the Rules of the United States Claims Court (RUSCC), is yet another chapter in a long, complex proceeding spanning thirty-eight years. The dispute centers upon whether plaintiff’s water claims, presented explicitly by plaintiffs for the first time in their supplemental and amended exceptions filed on June 10, 1982, fall within the scope of plaintiffs’ original petition. For the reasons set forth below, the court finds that plaintiffs’…