883 F2d 1023 Colville Confederated Tribes v. Walton
883 F.2d 1023
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
COLVILLE CONFEDERATED TRIBES, Plaintiff-Appellant,
v.
Boyd WALTON, Wilson Walton, Margaret Walton, Defendants-Appellees,
State of Washington, Defendant-intervenor-Appellee.
No. 89-35024.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted Aug. 7, 1989.
Decided Aug. 16, 1989.
Before RUGGERO J. ALDISERT,* EUGENE A. WRIGHT, and BEEZER, Circuit Judges.
MEMORANDUM**
Three issues have been presented on this appeal:
(1) Did the district court erroneously reject the Tribe's argument that Walton was illegally diverting surface flow in No Name Creek when some of that surface flow was created by ground water pumped by the Tribe into the Creek's surface flow?
(2) Was Walton illegally utilizing any of his allotted 120 acre feet of water, using some of it on allotments other than the former Allotment No. 525 and irrigating more than 30 acres on Allotment No. 525?
(3) Did Walton's diversion dam violate the district court's order of July 25, 1988?
(4) Was the district court in error in its ruling to appoint a water master?
At oral argument, counsel for the appellant injected a new issue by moving to strike an affidavit by appellee Walton.
All of the issues have been considered by the court and have been found to be without merit. We affirm the judgment of the district court for the reasons given in that court's orders of August 2, 1988 and December 2, 1988. The belated motion to strike is denied. The mandate will issue at once. No petition for rehearing will be entertained.
AFFIRMED.