Tribe Fights For Lake State Wants Control While Appeal Unfolds

In a bid to hang on to a recently won portion of its namesake lake, the Coeur d’Alene Tribe argues in court papers that state attorneys present a weak case for appeal.

Tribal attorney Ray Givens wrote that the state already has lost the public debate over who should control the southern third of Lake Coeur d’Alene.

“There has been no great public outcry against tribal ownership. Rather, the public opinion has been mixed, but supportive of tribal ownership,” he wrote in court papers alleging poor past management by the state.

After 20 years of arguing that the tribe, not the state, owned the water within its reservation boundaries, the U.S. Justice Department and the tribe sued Idaho in 1994.

In July, U.S. District Judge Edward Lodge ruled in favor of the tribe.

The state appealed that decision to the 9th District Court of Appeals, which could take up to two years to hear the case and issue a ruling.

The state asked for an injunction from Lodge’s ruling so it could continue managing the lake until the appeal is settled. It offered to give the tribe and federal government veto power over decisions concerning disputed portions of the lake.

But the tribe noted in its response that the veto power is only for new state-issued permits for docks and other encroachments. It doesn’t include such matters as fishing regulations, law enforcement and environmental regulation.

That’s not good enough, wrote Givens.

Furthermore, Givens wrote that Lodge didn’t take anything away from the state. He “simply clarified that the tribe has always owned the lake and river,” Givens wrote.

Letting the state manage the lake would “return the uncertainty which prompted the suit in the first place.”

In their request for temporary control, state officials noted that they have issued leases for float homes and marinas, and permits for more than 300 docks in the disputed area.

Those permits could be jeopardized if the tribe takes over, the state argued in its request for an injunction. Meanwhile the tribe might issue inappropriate permits the state would have to withdraw if it wins the appeal.

Givens responded that the state did little to regulate docks until the tribe started pressing for lake control in 1973. He argued that the state would not be harmed by tribal ownership, even if the tribe’s recent court victory eventually is overturned.

Finally, the tribe noted that it has done everything possible for a smooth transition to tribal management.

The tribal council decided to keep current state regulations in place, at least through the end of the year. And it appointed a transition team that has met with government entities and landowners to discuss lake issues.

By comparison, Givens wrote, the state has not been diligent in protecting the lake or communicating with landowners.

This sidebar appeared with the story: QUICK FACTS The U.S. Justice Department and the tribe sued Idaho in 1994, claiming that the Coeur d’Alene Tribe owns the southern portion of Coeur d’Alene Lake within its reservation. In July, U.S. District Judge Edward Lodge ruled in favor of the tribe. The state appealed that decision to the 9th District Court of Appeals, which could take up to two years to hear the case. The state has asked for an injunction so it can continue managing the lake until the appeal is settled.