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Memorandum Opinion Re Assiniboine And Sioux Tribes Of Fort Peck Indian Reservation, Water Court Of State Of Montana

Native American Water Rights Settlement Project

Post Settlement Court Opinion: Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, MT, Montana, Montana Reserved Water Rights Compact Commission, United States. Opinion disposes of three objections to settlement/Compact. It concludes that Compact is analogous to consent decree; objector has the initial burden of production; standard for approving a consent decree is that it is at least fair, adequate and reasonable, made in good faith, with arms-length negotiations and conforms to applicable laws; settlement must be in public’s interest but not necessarily in the public’s best interest, if otherwise reasonable; objectors must show that they claimed rights are …