wilson
omaha
indian
tribe
argued
march
decided
june
together
iowa
et
al
omaha
indian
tribe
et
also
certiorari
pursuant
treaty
reservation
omaha
indian
tribe
tribe
established
territory
nebraska
west
bank
missouri
river
eastern
boundary
fixed
center
river
main
channel
general
land
office
survey
established
certain
land
included
reservation
since
river
changed
course
several
times
leaving
survey
area
iowa
side
river
separated
rest
reservation
residents
iowa
ultimately
settled
improved
land
owners
successors
title
occupied
land
many
years
prior
april
dispossessed
tribe
assistance
bureau
indian
affairs
three
federal
actions
consolidated
district
instituted
respondents
tribe
trustee
reservation
lands
petitioners
including
state
iowa
several
individuals
sides
sought
quiet
title
names
respondents
arguing
river
movement
avulsive
thus
affect
reservation
boundary
whereas
petitioners
argued
disputed
land
formed
gradual
accretion
belonged
iowa
riparian
owners
district
held
state
rather
federal
law
basis
decision
provides
trials
right
property
indian
may
party
one
side
white
person
burden
proof
shall
rest
upon
white
person
whenever
indian
shall
make
presumption
title
fact
previous
possession
ownership
applicable
tribe
make
prima
facie
case
possessed
disputed
land
past
without
proving
case
merits
nebraska
law
changes
river
accretive
thus
petitioners
owners
disputed
area
appeals
reversed
ruling
federal
rather
state
law
applicable
tribe
made
sufficient
showing
invoke
applying
federal
common
law
accretion
avulsion
evidence
evidence
equipoise
thus
judgment
must
entered
tribe
held
appeals
partially
correct
ruling
applicable
terms
applies
private
petitioners
petitioner
state
iowa
view
history
purpose
protecting
indians
claims
made
squatters
lands
applies
even
indian
tribe
litigant
rather
one
individual
indians
congress
aware
interpreted
cover
artificial
entities
corporations
well
individuals
nothing
indicate
congress
intended
word
white
person
include
union
seems
question
disputed
land
riparian
land
lying
west
bank
missouri
river
long
occupied
tribe
part
reservation
set
apart
consequence
treaty
enough
bring
play
view
purpose
statute
use
term
presumption
white
man
must
overcome
contemplates
shouldering
burden
persuasion
well
burden
producing
evidence
tribe
made
prima
facie
case
prior
title
possession
pp
appeals
properly
concluded
federal
law
governs
substantive
aspects
dispute
erred
arriving
federal
standard
independent
state
law
determine
whether
avulsion
accretion
pp
general
rule
absent
overriding
federal
interest
laws
several
determine
ownership
banks
shores
waterways
oregon
ex
rel
state
land
board
corvallis
sand
gravel
oust
federal
law
litigation
never
yielded
title
terminated
interest
property
circumstances
indians
right
property
depends
federal
law
wholly
apart
application
state
law
principles
normally
separately
protect
valid
right
possession
oneida
indian
nation
county
oneida
pp
however
state
law
borrowed
federal
rule
decision
imperative
need
develop
general
body
federal
common
law
decide
cases
interstate
boundary
dispute
location
boundary
iowa
nebraska
settled
compact
furthermore
given
equitable
application
state
law
little
likelihood
injury
federal
trust
responsibilities
tribal
possessory
interests
also
area
substantial
interest
law
resolve
controversies
considerable
merit
reasonable
expectations
state
real
property
law
private
landowners
upset
vagaries
located
adjacent
across
indian
reservations
property
substantial
interest
cf
board
arkansas
tennessee
pp
construction
compact
nebraska
iowa
nebraska
law
applied
determining
whether
changes
river
moved
disputed
land
nebraska
iowa
avulsive
accretive
pp
white
delivered
opinion
members
joined
except
powell
took
part
consideration
decision
cases
blackmun
filed
concurring
opinion
burger
joined
post
edson
smith
argued
cause
petitioners
briefs
robert
berkshire
thomas
burke
lyman
larsen
francis
gregory
maurice
nieland
bennett
cullison
argued
cause
petitioners
brief
richard
turner
attorney
general
iowa
james
davis
assistant
attorney
general
william
veeder
argued
cause
filed
brief
respondent
omaha
indian
tribe
cases
sara
sun
beale
argued
cause
cases
brief
solicitor
general
mccree
assistant
attorney
general
moorman
deputy
solicitor
general
barnett
robert
klarquist
edward
fn
edgar
washburn
filed
brief
title
insurance
trust
et
al
amici
curiae
urging
reversal
cases
brief
amici
curiae
urging
reversal
filed
respective
theodore
sendak
attorney
general
indiana
jane
gootee
deputy
attorney
general
donald
bogard
william
baxley
attorney
general
alabama
avrum
gross
attorney
general
alaska
john
lasota
acting
attorney
general
arizona
william
clinton
attorney
general
arkansas
carl
ajello
attorney
general
connecticut
richard
wier
attorney
general
delaware
robert
shevin
attorney
general
florida
ronald
amemiya
attorney
general
hawaii
wayne
kidwell
attorney
general
idaho
william
scott
attorney
general
illinois
curt
schneider
attorney
general
kansas
robert
stephens
attorney
general
kentucky
william
guste
attorney
general
louisiana
joseph
brennan
attorney
general
maine
francis
burch
attorney
general
maryland
francis
bellotti
attorney
general
massachusetts
frank
kelley
attorney
general
michigan
summer
attorney
general
mississippi
john
ashcroft
attorney
general
missouri
paul
douglas
attorney
general
nebraska
robert
list
attorney
general
nevada
thomas
rath
attorney
general
new
hampshire
toney
anaya
attorney
general
new
mexico
louis
lefkowitz
attorney
general
new
york
rufus
edmisten
attorney
general
north
carolina
allen
olson
attorney
general
north
dakota
william
brown
attorney
general
ohio
james
redden
attorney
general
oregon
daniel
mcleod
attorney
general
south
carolina
william
janklow
attorney
general
south
dakota
william
leech
attorney
general
tennessee
robert
hansen
attorney
general
utah
jerome
diamond
attorney
general
vermont
marshall
coleman
attorney
general
virginia
slade
gorton
attorney
general
washington
chauncey
browning
attorney
general
west
virginia
bronson
la
follette
attorney
general
wisconsin
john
rooney
acting
attorney
general
wyoming
jack
palma
ii
senior
assistant
attorney
general
robert
pelcyger
richard
collins
arthur
lazarus
filed
brief
native
american
rights
fund
et
al
amici
curiae
urging
affirmance
cases
john
christie
charles
martin
stephen
landes
filed
brief
american
land
title
assn
amicus
curiae
cases
brief
amici
curiae
filed
respective
evelle
younger
attorney
general
california
gregory
taylor
assistant
attorney
general
john
briscoe
bruce
flushman
deputy
attorneys
general
john
hill
attorney
general
texas
mike
greely
attorney
general
montana
warren
spannaus
attorney
general
minnesota
gerald
gornish
attorney
general
pennsylvania
macfarlane
attorney
general
colorado
david
robbins
deputy
attorney
general
justice
white
delivered
opinion
issue
ownership
tract
land
east
bank
missouri
river
iowa
respondent
omaha
indian
tribe
supported
trustee
tribe
reservation
lands
claims
tract
part
reservation
lands
created
treaty
petitioners
including
state
iowa
several
individuals
argue
past
movements
missouri
river
washed
away
part
reservation
soil
accreted
iowa
side
river
vesting
title
riparian
landowners
two
principal
issues
presented
first
faced
novel
questions
regarding
interpretation
scope
rev
stat
set
forth
seldom
used
statute
provides
trials
right
property
indian
may
party
one
side
white
person
burden
proof
shall
rest
upon
white
person
whenever
indian
shall
make
presumption
title
fact
previous
possession
ownership
omaha
indian
tribe
ceded
aboriginal
lands
treaty
exchange
money
assistance
enable
tribe
cultivate
retained
lands
treaty
mar
stat
see
omaha
indians
retained
lands
proved
unsatisfactory
tribe
exercised
option
treaty
exchange
lands
tract
acres
designated
president
acceptable
tribe
blackbird
hills
area
west
bank
missouri
part
territory
nebraska
selected
eastern
boundary
reservation
fixed
center
main
channel
missouri
river
thalweg
land
modified
subsequent
treaty
statutes
remained
home
omaha
indian
tribe
survey
barrett
general
land
office
established
reservation
included
large
peninsula
jutting
east
toward
opposite
iowa
side
river
around
river
flowed
oxbow
curve
known
blackbird
bend
next
decades
river
changed
course
several
times
sometimes
moving
east
sometimes
west
since
river
west
position
leaving
barrett
survey
area
iowa
side
river
separated
rest
reservation
area
iowa
side
dried
iowa
residents
settled
improved
farmed
owners
successors
title
occupied
land
many
years
prior
april
dispossessed
tribe
assistance
bureau
indian
affairs
four
lawsuits
followed
seizure
three
federal
one
state
federal
district
northern
district
iowa
consolidated
three
federal
actions
severed
claims
damages
lands
outside
barrett
survey
area
issued
temporary
injunction
permitted
tribe
continue
possession
tried
case
without
jury
trial
government
tribe
argued
river
movement
avulsive
therefore
change
location
river
affected
boundary
reservation
petitioners
argued
river
gradually
eroded
reservation
lands
west
bank
river
disputed
land
east
bank
iowa
formed
gradual
accretion
belonged
riparian
owners
sides
sought
quiet
title
names
district
concluded
state
rather
federal
law
basis
decision
wilson
supp
interpreted
rules
decision
act
requiring
application
federal
law
land
disputes
even
though
indian
tribe
claimants
unless
constitution
treaty
act
congress
specifically
supplanted
state
law
found
indication
sources
federal
law
govern
went
conclude
applicable
case
impossible
tribe
make
prima
facie
case
possessed
disputed
lands
past
without
proving
case
merits
thus
significance
inextricably
entwined
merits
applying
nebraska
law
places
burden
proof
party
seeking
quiet
title
concluded
key
changes
river
accretive
riparians
petitioners
thus
owners
disputed
area
supp
appeals
reversed
began
ruling
district
applied
federal
rather
state
law
two
distinct
reasons
first
boundary
reservation
coincidental
interstate
boundary
time
river
moved
therefore
oregon
ex
rel
state
land
board
corvallis
sand
gravel
cases
governing
law
federal
rendering
decision
private
dispute
press
back
interstate
boundary
sufficiently
implicates
interests
require
application
federal
common
law
appeals
also
ruled
district
erred
refusing
apply
tribe
proved
treaty
included
land
area
within
barrett
survey
made
sufficient
showing
previous
possession
ownership
invoke
statute
place
burden
proof
petitioners
adopting
district
construction
negate
application
statutory
burden
upon
pleading
simply
recites
indian
land
destroyed
erosive
action
river
reviewing
perceived
federal
common
law
accretion
avulsion
passing
reference
nebraska
law
issue
appeals
concluded
district
based
ruling
narrow
definition
avulsion
applied
law
evidence
found
evidence
equipoise
placed
burden
proof
however
ruled
judgment
must
entered
tribe
granted
separate
petitions
certiorari
filed
state
iowa
conservation
commission
individual
petitioners
limited
questions
whether
applicable
circumstances
litigation
particular
respect
state
iowa
whether
federal
state
law
governs
substantive
aspects
cases
partial
serious
disagreement
appeals
vacate
judgment
ii
petitioners
challenge
several
grounds
appeals
construction
application
cases
first
argue
plain
language
section
apply
indian
tribe
rather
one
individual
indians
litigant
think
argument
untenable
provision
first
appeared
slightly
different
form
act
may
stat
part
act
amending
indian
trade
intercourse
act
act
mar
stat
one
series
acts
originating
designed
regulate
trade
forms
intercourse
north
american
indian
tribes
recurring
trespass
upon
illegal
occupancy
indian
territory
major
purpose
acts
developed
protect
rights
indians
properties
among
things
prohibited
settling
tribal
properties
use
force
authorized
remove
persons
violated
restrictions
provision
part
design
slight
change
wording
incorporated
consolidation
various
statutes
dealing
indian
affairs
act
june
stat
section
act
already
set
opinion
although
word
indian
second
line
act
replaced
word
indians
provision
indication
change
meaning
intended
none
implied
late
date
particularly
light
provides
unless
context
indicates
otherwise
words
importing
singular
include
apply
several
persons
parties
things
even
construed
including
plural
however
urged
word
indians
literally
include
indian
tribe
plain
provisions
act
congress
intended
distinguish
indian
tribes
individual
indians
see
proves
much
time
enactment
predecessors
indian
land
ownership
primarily
tribal
ownership
aboriginal
title
possessory
right
recognized
extinguishable
agreement
tribes
consent
oneida
indian
nation
county
oneida
typically
accomplished
treaty
tribe
typically
land
reserved
otherwise
set
aside
held
trust
tribe
whatever
title
indians
tribe
individuals
although
held
tribe
common
use
equal
benefit
members
jim
quoting
cherokee
nation
hitchcock
clear
enough
enacted
congress
intended
provisions
protect
indians
claims
made
squatters
lands
limit
force
provisions
lands
held
individual
indians
drain
significance
given
historical
fact
time
enactment
virtually
indian
land
tribally
held
legislation
dealing
indian
affairs
interpreted
isolation
must
read
light
common
notions
day
assumptions
drafted
oliphant
suquamish
indian
tribe
furthermore
statutes
passed
benefit
dependent
indian
tribes
liberally
construed
doubtful
expressions
resolved
favor
indians
bryan
itasca
county
quoting
alaska
pacific
fisheries
second
argument
presented
acute
form
state
iowa
applies
indians
antagonist
individual
white
person
force
adverse
claimant
artificial
entity
accept
broad
submission
word
person
purposes
statutory
construction
unless
context
indicates
contrary
normally
construed
include
corporations
companies
associations
firms
partnerships
societies
joint
stock
companies
well
individuals
terms
protective
purposes
acts
predecessors
part
make
little
sense
construe
provision
individuals
otherwise
subject
burdens
escape
reach
merely
incorporating
carrying
business
usual
said
monell
new
york
city
dept
social
services
well
understood
corporations
treated
natural
persons
virtually
purposes
constitutional
statutory
analysis
stands
reason
provision
revised
statutes
codified
code
congress
fully
aware
interpreted
cover
artificial
entities
well
individuals
nevertheless
follow
white
persons
shifted
burden
proof
title
litigation
indians
also
include
sovereign
union
common
usage
term
person
include
sovereign
statutes
employing
phrase
ordinarily
construed
exclude
cooper
accord
mine
workers
particularly
true
statute
imposes
burden
limitation
distinguished
conferring
benefit
advantage
knight
pet
nevertheless
hard
fast
rule
exclusion
cooper
supra
much
depends
context
subject
matter
legislative
history
executive
interpretation
legislative
history
uninformative
executive
interpretation
unhelpful
respect
dormant
statute
terms
purpose
provision
preventing
providing
remedies
squatters
indian
lands
doubtful
congress
anticipated
threats
intended
handicap
offset
likelihood
unfair
advantage
indeed
act
included
provision
identical
present
intended
apply
whole
indian
country
defined
first
section
section
defined
indian
country
part
west
mississippi
within
missouri
louisiana
territory
arkansas
also
part
east
mississippi
river
within
state
indian
title
extinguished
stat
although
definition
discarded
revised
statutes
see
rev
stat
apparent
adopting
congress
mind
disputes
arising
indian
country
disputes
arise
involve
discovered
anything
since
passage
connection
definition
indian
country
contained
criminal
code
indicating
congress
intended
words
white
person
include
original
newly
admitted
union
hesitate
therefore
hold
state
iowa
must
necessarily
disadvantaged
litigating
title
property
claims
ownership
particularly
opposition
organized
indian
tribe
litigating
help
america
may
well
state
like
litigants
like
state
iowa
case
often
bear
burden
proof
various
issues
litigating
title
real
estate
operates
regardless
circumstances
tribe
champion
demonstrated
tribe
possession
title
area
dispute
petitioners
also
defend
refusal
district
apply
grounds
precondition
applying
proof
prior
possession
title
indians
involves
merits
issue
case
turns
whether
changes
river
avulsive
accretive
think
appeals
better
view
statute
regard
section
triggered
tribe
makes
prima
facie
case
prior
possession
title
particular
area
dispute
usual
way
describing
real
property
identifying
area
surface
earth
use
natural
artificial
monuments
seems
question
area
within
barrett
survey
riparian
land
lying
west
bank
missouri
river
long
occupied
tribe
part
reservation
set
apart
consequence
treaty
enough
seems
us
bring
play
course
foreclose
state
iowa
offering
sufficient
evidence
prove
title
prevailing
affirmative
defenses
may
petitioners
also
assert
even
operative
even
tribe
made
prima
facie
case
burden
going
forward
evidence
burden
persuasion
shifted
state
therefore
petitioners
prevail
evidence
equipoise
term
burden
proof
may
well
ambiguous
term
connoting
either
burden
going
forward
evidence
burden
persuasion
view
evident
purpose
statute
use
term
presumption
white
man
must
overcome
agreement
two
courts
contemplates
shouldering
burden
persuasion
well
burden
producing
evidence
tribe
made
prima
facie
case
prior
title
possession
iii
oregon
ex
rel
state
land
board
corvallis
sand
gravel
held
absent
overriding
federal
interest
laws
several
determine
ownership
banks
shores
waterways
expressive
general
rule
respect
incidents
federal
land
grants
hold
true
principle
whenever
question
state
federal
whether
title
land
property
passed
question
must
resolved
laws
whenever
according
laws
title
shall
passed
property
like
property
state
subject
state
legislation
far
legislation
consistent
admission
title
passed
vested
according
laws
quoting
wilcox
jackson
pet
emphasis
added
corvallis
appeals
held
however
general
rule
recognized
corvallis
oust
federal
law
case
dealing
land
titles
merely
derived
federal
grant
land
respect
never
yielded
title
terminated
interest
area
within
survey
part
land
omahas
held
aboriginal
title
reserved
tribe
designated
reservation
tribe
permanent
home
continues
hold
reservation
lands
trust
tribe
recognize
tribe
pursuant
indian
reorganization
act
stat
et
seq
circumstances
government
never
parted
title
interest
property
continues
indians
right
property
depends
federal
law
wholly
apart
application
state
law
principles
normally
separately
protect
valid
right
possession
oneida
indian
nation
county
oneida
rudimentary
indian
title
matter
federal
law
extinguished
federal
consent
termination
protection
federal
law
treaties
statutes
extend
indian
occupancy
exclusively
province
federal
law
insofar
applicable
law
concerned
therefore
claims
omahas
clearly
distinguishable
claims
land
grantees
federal
government
taken
responsibility
rehnquist
concurring
case
patented
otherwise
granted
lands
private
owners
manner
terminates
interest
subjects
grantees
incidents
ownership
determination
applicable
state
law
issue
whether
tribe
longer
entitled
possession
area
past
concededly
part
reservation
originally
established
question
oneida
matter
federal
law
decide
although
determined
federal
law
ultimately
controls
issue
case
still
true
ontroversies
governed
federal
law
inevitably
require
resort
uniform
federal
rules
whether
adopt
state
law
fashion
nationwide
federal
rule
matter
judicial
policy
dependent
upon
variety
considerations
always
relevant
nature
specific
governmental
interests
effects
upon
applying
state
law
kimbell
foods
quoting
standard
oil
appeals
nothing
existence
body
federal
law
necessarily
developed
course
adjudicating
boundary
disputes
common
border
navigable
stream
purported
find
doctrines
legal
standards
apply
deciding
whether
changes
course
missouri
river
involved
case
avulsive
accretive
nature
federal
law
applied
boundary
cases
however
necessarily
furnish
appropriate
rules
govern
case
dispute
iowa
nebraska
common
border
near
missouri
river
involved
location
border
ground
settled
compact
litigation
nebraska
iowa
federal
interest
respect
thus
satisfied
except
extent
compact
may
bear
upon
dispute
kimbell
foods
supra
advises
juncture
consider
whether
need
nationally
uniform
body
law
apply
situations
comparable
whether
application
state
law
frustrate
federal
policy
functions
impact
federal
rule
might
existing
relationships
state
law
application
factors
suggests
us
state
law
borrowed
federal
rule
decision
first
perceive
need
uniform
national
rule
determine
whether
changes
course
river
affecting
riparian
land
owned
possessed
indian
tribe
avulsive
accretive
purpose
see
little
reason
federal
interests
treated
rules
property
apply
private
persons
holding
property
area
virtue
state
rather
federal
law
true
may
differ
among
respect
rules
identify
distinguish
avulsions
accretions
long
applicable
standard
applied
evenhandedly
particular
disputes
discern
imperative
need
develop
general
body
federal
common
law
decide
cases
interstate
boundary
dispute
accept
generalized
pleas
uniformity
substitutes
concrete
evidence
adopting
state
law
adversely
affect
federal
interests
kimbell
foods
supra
furthermore
given
equitable
application
state
law
little
likelihood
injury
federal
trust
responsibilities
tribal
possessory
interests
occasions
indian
tribes
may
lose
land
application
particular
state
rule
accretion
avulsion
likely
occasions
tribe
stand
gain
case
federal
rule
including
rule
appeals
announced
case
fears
hostile
unfavorable
treatment
hands
state
law
said
legal
issues
federal
federal
courts
jurisdiction
hear
oneida
indian
nation
county
oneida
adequate
means
thus
available
insure
fair
treatment
tribal
federal
interests
also
area
substantial
interest
law
resolve
controversies
private
landowners
rely
state
real
property
law
purchasing
real
property
whether
riparian
land
considerable
merit
reasonable
expectations
private
landowners
upset
vagaries
located
adjacent
across
indian
reservations
property
substantial
interest
borrowing
state
law
also
avoid
arriving
one
answer
riddle
disputes
involving
indians
one
side
possibly
quite
different
answers
respect
neighboring
land
disputants
indeed
case
several
hundred
acres
land
within
barrett
survey
held
fee
concededly
indian
property
tracts
governed
federal
rule
announced
appeals
borrowed
state
law
indian
cases
board
question
law
federal
state
apply
claim
recover
taxes
improperly
levied
political
subdivision
state
upon
indians
trust
lands
observed
ince
origin
right
enforced
treaty
plainly
whatever
rule
fashion
ultimately
attributable
constitution
treaties
statutes
owe
authority
agencies
kansas
nevertheless
elected
adopt
state
law
federal
rule
decision
reason
circumstances
case
beneficiaries
federal
rights
privileged
position
aggrieved
taxpayers
respect
law
interest
prevailing
kansas
wise
impinges
upon
exemption
treaty
commanded
kansas
respect
federal
courts
vindicate
importance
attending
state
law
interstate
boundary
determined
underlined
arkansas
tennessee
case
disputed
boundary
arkansas
tennessee
determined
question
title
riparian
land
river
bottom
matter
determined
local
law
land
emerges
either
side
interstate
boundary
stream
shall
disposed
public
private
ownership
matter
determined
according
law
state
familiar
doctrine
establish
rules
property
deem
expedient
respect
navigable
waters
within
borders
riparian
lands
adjacent
dispositions
case
limited
interstate
boundary
permitted
press
back
boundary
line
otherwise
located
passage
quoted
arkansas
tennessee
quoted
approval
nebraska
iowa
central
question
interpretation
interstate
compact
determining
location
entire
border
nebraska
iowa
opinion
nebraska
iowa
also
instructive
respect
state
law
iowa
nebraska
federal
refer
determining
federal
standard
applicable
case
compact
state
ceded
relinquished
jurisdiction
lands
within
compact
boundary
state
titles
mortgages
liens
affecting
lands
good
ceding
state
shall
good
state
thus
ceded
lands
east
compact
line
came
iowa
jurisdiction
iowa
obligated
respect
title
ceded
land
east
new
boundary
title
good
nebraska
accepting
special
master
recommendations
respect
ruled
one
claiming
nebraska
title
land
east
compact
line
need
show
good
title
nebraska
law
need
also
prove
either
location
original
boundary
two
land
issue
nebraska
side
original
boundary
ruled
agreement
special
master
litigating
private
claimants
seeking
prove
good
nebraska
title
land
east
compact
line
state
iowa
disentitled
rely
certain
doctrines
iowa
common
law
bearing
riparian
land
ownership
case
district
ruled
even
though
indian
tribe
rather
private
parties
plaintiffs
title
barrett
survey
land
nebraska
unquestionably
iowa
governed
nebraska
law
accordance
terms
compact
proceeding
adjudicate
case
accordance
nebraska
law
district
judge
found
tribe
government
respondents
failed
prove
blackbird
bend
area
separated
rest
reservation
avulsive
changes
missouri
river
defendants
petitioners
without
aid
presumption
accretion
available
iowa
law
applicable
instead
proved
river
changes
accretion
course
arriving
conclusion
district
relying
nebraska
cases
rejected
government
definition
avulsion
later
embraced
appeals
contrary
common
law
nebraska
defendants
petitioners
carried
burden
proving
good
title
land
issue
entitled
decree
quieting
title
although
already
held
district
erred
concluding
determination
titles
reservations
lands
matter
federal
law
also
indicated
federal
law
incorporate
applicable
state
property
law
resolve
dispute
therefore
seems
us
district
reached
correct
result
ruling
construction
compact
nebraska
iowa
nebraska
law
applied
determining
whether
changes
river
moved
blackbird
bend
area
nebraska
iowa
avulsive
accretive
also
noted
district
although
wrong
wholly
rejecting
applicability
concluded
matter
fact
law
defendants
petitioners
carried
burden
persuasion
normally
incumbent
upon
plaintiff
action
proved
preponderance
evidence
reservation
lands
eroded
accreted
iowa
shoreline
apparently
reason
trial
judge
observed
end
memorandum
opinion
wrong
refusing
apply
findings
conclusions
altered
different
allocation
burden
persuasion
iv
sum
appeals
partially
correct
ruling
applicable
case
terms
applies
private
petitioners
petitioner
state
iowa
also
agree
appeals
conclusion
federal
law
governed
substantive
aspects
dispute
find
error
arriving
federal
standard
independent
state
law
determine
whether
avulsion
accretion
instead
incorporated
law
state
otherwise
applicable
said
law
nebraska
course
view
controlling
law
appeals
consider
whether
district
correctly
interpreted
nebraska
law
properly
applied
facts
case
tasks
still
performed
vacate
appeals
judgment
remand
case
proceedings
consistent
opinion
ordered
footnotes
state
iowa
claims
title
certain
lands
deeded
quitclaim
bed
missouri
thalweg
see
infra
ordinary
mark
islands
formed
portion
river
abandoned
channels
latter
claims
based
upon
doctrine
see
pollard
lessee
hagan
boundary
compact
iowa
nebraska
see
infra
term
commonplace
boundary
disputes
riparian
see
minnesota
wisconsin
doctrine
thalweg
modification
ancient
principle
required
equal
division
territory
adopted
order
preserve
state
equality
right
beneficial
use
stream
means
communication
accordingly
middle
principal
channel
navigation
commonly
accepted
boundary
equality
beneficial
use
often
defeated
rather
promoted
fixing
boundary
given
line
merely
connects
points
greatest
depth
deepest
water
principal
navigable
channel
necessarily
rule
direct
reference
actual
probable
use
ordinary
course
common
experience
shows
vessels
follow
narrow
crooked
channel
close
shore
however
deep
proceed
safer
direct
one
sufficient
water
treaty
mar
stat
act
june
stat
act
stat
see
also
act
mar
stat
amended
act
ch
stat
dispute
whether
barrett
survey
actually
marked
reservation
boundary
several
years
passed
since
tribe
began
occupying
reservation
missouri
may
changed
course
period
see
wilson
supp
nd
iowa
appear
significance
litigation
nebraska
iowa
decided
boundary
dispute
nebraska
iowa
caused
wanderings
missouri
fickle
missouri
river
however
refused
bound
decree
eriksson
boundaries
iowa
iowa
hist
pol
nebraska
iowa
entered
compact
fixing
boundary
independent
river
location
congress
ratified
compact
act
july
ch
stat
since
time
compact
army
corps
engineers
largely
successful
taming
river
see
nebraska
iowa
district
stated
rule
supp
simply
stated
river
forms
boundary
two
parcels
land
moves
processes
erosion
accretion
boundary
follows
movements
river
independent
stock
farm
stevens
neb
hand
river
forms
boundary
two
parcels
land
abruptly
moves
old
channel
new
channel
event
known
avulsion
boundary
remains
defined
old
river
channel
iowa
railroad
land
coulthard
neb
jurisdiction
nebraska
applies
principles
movements
missouri
river
delong
olsen
neb
district
relied
mason
francis
francis
fontenelle
omaha
tribe
nebraska
supp
neb
aff
district
also
suggested
possessory
interest
tribe
sufficient
quality
trigger
burden
shifting
contemplated
district
construed
decision
nebraska
iowa
requiring
application
nebraska
law
respect
changes
river
occurred
date
compact
permanently
fixed
boundary
land
issue
indisputably
part
nebraska
river
changed
course
although
district
hewed
closely
nebraska
case
law
also
observed
insofar
relevant
definitions
avulsion
accretion
concerned
significant
difference
iowa
nebraska
law
except
iowa
law
accretion
presumed
case
nebraska
law
nebraska
law
aid
defendants
presumption
accretion
tribe
favored
application
nebraska
law
district
also
view
federal
law
substantially
different
shall
see
appeals
differed
district
respect
appeals
relied
two
cases
veatch
white
uhlhorn
gypsum
cert
denied
concluding
federal
law
sudden
perceptible
change
channel
whether
within
without
river
original
bed
critical
factor
defining
avulsion
definition
broader
nebraska
rule
understood
applied
district
appeals
described
follows
avulsion
occurs
sudden
shift
channel
cuts
land
shift
remains
identifiable
land
existed
change
channel
never
became
part
river
bed
quoting
evident
definition
employed
appeals
permits
finding
avulsion
even
river
still
largely
within
original
bed
filed
state
iowa
conservation
commission
questions
certiorari
granted
stated
follows
whether
state
iowa
white
person
omaha
indian
tribe
indian
within
meaning
whether
federal
law
requires
divestiture
iowa
apparent
good
title
real
property
located
within
boundaries
whether
eighth
circuit
erroneously
construed
title
code
make
applicable
case
whether
eighth
circuit
erred
holding
federal
state
common
law
regard
accretion
avulsion
applicable
case
various
arguments
single
ground
relied
district
refusing
apply
discussed
rejected
appeals
grounds
holding
inapplicable
case
presented
petitioners
either
briefs
merits
appeals
petition
rehearing
reversed
district
background
history
development
laws
acts
explored
exhaustively
prucha
american
indian
policy
formative
years
indian
trade
intercourse
acts
see
also
cohen
supra
petitioners
cite
perryman
support
position
must
construed
literally
apply
white
person
individual
caucasian
case
dealt
another
provision
nonintercourse
act
distinct
grounds
legislative
history
indicating
term
white
person
used
include
negro
whether
perryman
followed
today
question
need
decide
two
corporate
defendants
among
parties
district
filed
separate
petition
certiorari
rgp
omaha
indian
tribe
action
yet
taken
rules
however
two
corporations
cases
granted
certiorari
rule
petitioners
claim
oklahoma
texas
mandates
applicability
state
rather
federal
law
case
issued
patents
granting
former
reservation
lands
merely
held
absent
contrary
evidence
conveyed
completely
parted
territory
even
though
indian
land
intended
incidents
resulting
ownership
determined
state
law
general
rule
oneida
recognized
present
case
course
area
issue
never
conveyed
away
tribe
claimed
tribe
remain
part
reservation
established
result
treaty
neither
find
oklahoma
gas
electric
presents
contrary
holding
refused
construe
federal
statute
permitting
secretary
interior
grant
permission
opening
highways
indian
land
accordance
laws
state
prohibiting
establishment
power
line
highway
without
federal
consent
understand
case
held
consent
authorized
federal
statute
included
uses
consent
authorize
state
law
compare
bator
mishkin
shapiro
wechsler
hart
wechsler
federal
courts
federal
system
ed
federal
command
incorporate
state
law
may
judicial
rather
legislative
command
may
determined
matter
choice
law
even
absence
statutory
command
implication
although
federal
law
govern
given
question
state
law
furnishes
appropriate
convenient
measure
content
federal
law
see
board
left
matter
large
judicial
determination
within
framework
familiar
remedies
equitable
nature
see
stone
white
congress
left
us
free
take
account
appropriate
considerations
public
convenience
cf
virginian
ry
federation
nothing
seems
us
appropriate
due
regard
local
institutions
local
interests
concerned
interplay
rights
indians
federal
guardianship
local
repercussion
rights
congress
heedless
interests
indian
lands
situated
reflected
local
laws
see
general
allotment
act
stat
reference
federal
rights
state
law
absorbed
governing
federal
rule
state
law
source
right
recognition
state
interests
deemed
inconsistent
federal
policy
see
brown
seaboard
air
line
absence
explicit
legislative
policy
cutting
across
state
interests
draw
upon
general
principle
beneficiaries
federal
rights
privileged
position
aggrieved
relation
political
subdivisions
respect
law
interest
prevailing
kansas
wise
impinges
upon
exemption
treaty
commanded
kansas
respect
federal
courts
vindicate
special
master
case
observed
although
difficult
location
boundary
compact
determined
reasonable
accuracy
report
special
master
nebraska
iowa
see
iowa
acts
ch
ratified
act
july
ch
stat
sec
state
iowa
hereby
cedes
state
nebraska
relinquishes
jurisdiction
lands
iowa
lying
westerly
said
boundary
line
contiguous
lands
nebraska
sec
titles
mortgages
liens
good
nebraska
shall
good
iowa
lands
nebraska
may
cede
iowa
pending
suits
actions
concerning
said
lands
may
prosecuted
final
judgment
nebraska
judgments
shall
accorded
full
force
effect
iowa
ruling
iowa
disentitled
either
plaintiff
defendant
invoking
presumption
changes
missouri
accretive
rather
avulsive
rely
rule
person
claim
adversely
sovereign
state
iowa
thus
title
based
adverse
possession
good
nebraska
law
good
iowa
report
special
master
supra
justice
blackmun
chief
justice
joins
concurring
join
opinion
write
briefly
add
comment
views
scope
section
applies
property
dispute
indian
white
person
property
dispute
indians
one
hand
nine
individuals
two
corporations
state
iowa
see
holds
white
person
includes
artificial
entity
thus
applies
dispute
omahas
two
corporate
petitioners
ante
contrariwise
holds
white
person
include
sovereign
state
thus
apply
dispute
omahas
petitioner
state
iowa
ante
however
expressly
discuss
applicability
nine
individual
claimants
since
nevertheless
holds
applies
private
petitioners
without
exception
ante
must
proceeding
one
two
assumptions
assume
first
nine
individual
petitioners
caucasians
hence
literally
white
person
evidence
record
however
race
individuals
see
brief
petitioners
brief
tr
oral
arg
since
burden
proving
factual
predicate
applicability
presumably
rests
indians
seek
invoke
holding
applicable
individual
petitioners
properly
rely
first
possible
assumption
assume
second
white
person
refers
caucasian
individual
assumption
race
individual
petitioners
long
indians
irrelevant
determining
applicability
fact
assumption
makes
suggested
decision
ignore
adjective
white
holding
corporate
petitioners
white
person
refusal
follow
perryman
held
white
person
used
another
section
act
include
negro
ante
seems
hold
implicitly
therefore
white
person
includes
individual
prefer
make
holding
explicit
view
construction
raise
serious
constitutional
questions
construe
applicable
disputes
indians
caucasians
disputes
indians
black
oriental
individuals
create
irrational
racial
classification
highly
questionable
fifth
amendment
equal
protection
guarantee
avoid
result
reference
white
person
must
read
mean
individual
entity
interpret
holding
today
extent
perryman
inconsistent
reading
must
regard
case
overruled
sub
silentio