Abstract/Description
The Idaho Supreme Court reversed the district court’s decisions as follows: first, the district court improperly applied New Mexico’s primary-secondary distinction and instead should have analyzed the claims from the perspective of what the Tribe needed to establish a homeland. Under that framework, the district court should have allowed aboriginal purposes of plant gathering and cultural uses; second, the priority date associated with nonconsumptive water rights on lands reacquired by the tribe was found to be time immemorial. The Court affirmed the remainder of the district court’s decisions and remanded for proceedings consistent with the opinion
Publication Date
9-5-2019
Document Type
Order
Recommended Citation
Stegner, Justice John, "IDSC Opinion - Homeland Determination" (2019). Hedden-Nicely Collection, All. 109.
https://digitalcommons.law.uidaho.edu/all/109