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<br />003291 <br /> <br />(2) This [l979 Decree] shall in no way affect <br />future adjustments resulting from determi- <br />nations relating to settlement of the Indian <br />reservation boundaries referred to in Art. <br />Il(D)(5) of [the 1964] Decree [boundaries <br />to the Colorado River and Fort Mojave In- <br />dian Reservations]; <br /> <br />(3) Article IX of the [l964 Decree] is not af- <br />fected by this list of present perfected <br />rights: <br /> <br />(4) Any water rights listed . . . may be exer- <br />cised only for beneficial uses. ' <br /> <br />for intervention." Then on April 10, 1978, the Colo- <br />rado River Indian Tribes and the Cocopah Indian <br />Tribe filed a motion for leave to intervene and a peti- <br />tion for intervention." <br />The Fort Mojave, Chemehuevi, and Quechan In- <br />dian Tribes sought in their interventi~n to oppose en- <br />try of the 1979 Decree that was to set the priority or- <br />der for water rights in the Colorado River. The <br />Petition of the Cocopah and Colorado River Indian <br />Tribes did not seek to oppose the entry of the Decree. <br />Both groups of Indians raised claims outside the <br />scope of the Article VI determinations intended to be <br />embodied in the 1979 Decree. They sought to inter- <br />vene because they felt the United States could not ad- <br />equately represent their interests. All five Tribes, in <br />essence, claimed entitlement to water rights appurte- <br />nant to two types of land: (1) boundary land - land <br />that was or should have been officially recognized for <br />the first time as a part of the Reservations; and (2) <br />omitted lands - irrigable lands, within the recognized <br />1964 boundaries of the Reservations, for which the <br />United States failed to claim water rights in the earlier <br />litigation. The motion filed by the Fort Mojave, <br />Chemehuevi, and Quechan Tribes claimed that these <br />issues could be raised because of the in'adequate prior <br />representation of the United States. The Cocopah and <br />Colorado River Indian Tribes alleged that the omitted' <br />lands claim was open to relitigation, because of inade- <br />quate representation, but with respect to that claim <br />and the boundary lands claim thete two Tribes also <br /> <br />439 U.S. at 421. <br /> <br />B. Present Proceedings <br /> <br />The 1979 Decree resolved major issues in the litiga- <br />tion. But before that Decree was entered new ques- <br />tions arose. The five Indian Tribes followed by the <br />United States made claiDlll for additional water rights <br />to Reservation lands. <br />The Indian Tribes previously had no part in the lit- <br />igation. The United States had represented them. <br />Then in December of 1977, the Fort Mojave, <br />Chemehuevi and Quechan (Ft. Yuma) Indian Tribes <br />moved for leave to intervene as indispensable parties." <br />On April 7, 1978, those three Tribes, apparently joined <br />by the Colorado River Indian Tribes,'. filed a petition <br /> <br />41. Motion for Leave to Intervene as Indiapenaable Parti.. (Dec. <br />1977). <br />42. The Colorado River Indian Tribes did not wish to join in this mo- <br />tion. The Slate Parti.. response to this petition notes lbat lbe Tribes <br />had noted that lbey did not join in this motion and asked that lbeir <br />name be removed from the pleadings. Response of State Parties to Peti- <br />tion of Intervention 5 n.1 (May 1978). See Lettar from Franklin McCabe, <br /> <br />Jr., Chairman. Tribal Council of Colorado River IDdian Tribeo, to CJerk <br />of lbe Court (May 10, 1978). <br />43. Petition of Intervention (Apr. 7, 1978). <br /><<. Motion for Leave to Intervene and Petition of Intervention (Apr. <br />10, 1978). - <br /> <br />20 <br /> <br />21 <br />