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<br />:Q~t6 <br /> <br />(I) Former Indian lands opened to homesteading, claimed by non-Indians, <br />and subsequently reacquired by the Indian tribe. <br /> <br />(2) Indian lands allotted to individual tribal members, sold by them to <br /> <br />non-Indians, and subsequently reacquired by the Indian tribe. <br /> <br />Not at issue in the appeal was the date of priority for Indian lands that <br /> <br /> <br />had never left trust status or for former Indian lands that had been opened to <br /> <br /> <br />homesteading, went unclaimed, and were subsequently reacquired by the Indian <br /> <br /> <br />tribe. In these two instances, the federal district court's award of a priority as <br /> <br /> <br />of the date of creation of the reservation was unchallenged. <br /> <br />In Anderson, the U.S. District Court for the Eastern District of <br /> <br /> <br />Washington had awarded a priority date as of the date of reacquisition for <br /> <br /> <br />former Indian lands homesteaded by non-Indians and later reacquired by the <br /> <br /> <br />Indian tribe, and for allotted lands sold to non-Indians and subsequently <br /> <br /> <br />reacquired by the tribe. However, the Ninth Circuit Court reversed, ruling ". . <br /> <br /> <br />. those perfected water rights appurtenant to homesteaded lands will not have a <br /> <br /> <br />priority as of the date of reacquisition of the property by the Tribe; instead <br /> <br /> <br />they will carry a priority as determined under state law. Homesteaded lands <br /> <br /> <br />where the water right has not been perfected or the rights have been lost will <br /> <br /> <br />have a prior ity date as of the date of reacquisition, rather than an original <br /> <br /> <br />date-of-the-reservation priority. those water rights appurtenant to lands <br /> <br /> <br />reacquired after allotment and sale to non-Indians carry a priority date, as to <br /> <br /> <br />those water rights not lost to nonuse, as of the date of the creation of the <br /> <br /> <br />reservation." <br /> <br />-11- <br />