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95-376 - Ute Distr Corp v. Babbitt, et al

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95-376 - Ute Distr Corp v. Babbitt, et al
June 2, 2008
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MEMORANDUM DECISION - The Court finds that the tribal reserved water rights of the Ute Indian Tribe were both an asset susceptible to equitable and practicable distribution in 1961 and were in fact divided. Although the Court finds that the Secretary's recent decisions are within the statutory authority provided under the UPA and is thus entitled to deference, under either standard of review, whether it be de novo or arbitrary and capricious, the conclusions is the same. The Secretary's decision is AFFIRMED. Signed by Judge Dee Benson on 6/2/2008. (rlr)