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<br />0'520 <br /> <br />the question of water rights administration on the reservation was raised. <br /> <br />In Walton the federal district court found that the state could administer <br /> <br /> <br />unappropriated water in the basin and on the reservation. However, the Ninth <br /> <br /> <br />Circuit Court of Appeals held that because there was no impact on water off <br /> <br /> <br />the basin and because a dual system of administration would cause confusion and <br /> <br /> <br />harm tribal sovereignty, the state had no role in regulating the system and <br /> <br /> <br />Walton's state-issued permit was invalid. <br /> <br />In an earlier decision involving water rights administration on Indian <br /> <br /> <br />reservations in Washington, the state's right to regulate ground water pumping <br /> <br /> <br />on the Lummi Indian Reservation was challenged (U.S. v. Bel Bay Community <br /> <br /> <br />and Water Association). In Bel Bay a federal district court held in 1978 that <br /> <br /> <br />Winters covers ground water, the State of Washington disclaimed jurisdiction <br /> <br /> <br />over Indian reservations in its constitution, and the tribe and federal government <br /> <br /> <br />should administer water rights on the reservation in the interests of sound <br /> <br /> <br />management through one jurisdiction. Since aspects of the case are similar to <br /> <br /> <br />Walton, and since the case was suspended pending the Walton decision, new <br /> <br /> <br />pleadings are expected (Folk-Williams, 1982). <br /> <br />In U.S. v. Anderson (Supra, p. 7) a federal district court awarded the <br />Spokane Tribe reserved rights in Chamokane Creek in 1979. Although the court <br />found the State of Washington had jurisdiction over the water rights of non- <br />Indians on the Spokane Reservation, its award to the tribe amounted to nearly <br />the entire flow of the stream, rendering existing state-issued permits nearly <br />useless and future permits virtually impossible. The Ninth Circuit Court of <br />Appeals upheld the district court's decision on July 10, 1984, adding, "Any <br /> <br />-19- <br />