IDAHO
Locked in a custody battle over the southern third of
Lake Coeur d'Alene, the Coeur d'Alene tribe and the State of Idaho
are arguing before the U.S. Supreme Court. Idaho says the entire
lake falls under its aegis. The tribe, however, claims partial
ownership under the 19th century treaty that established its
reservation.
"It's God's lake, but he put the
Coeur d'Alene tribe here to take care of it," says tribal spokesman
Bob Bostwick. "The State of Idaho has allowed the lake to be a
toilet for the mining industry for over a hundred years." The
tribe, embroiled in a separate court action over mining pollution
in the nearby Silver Valley, says that partial ownership will give
the tribe more control over the cleanup of toxic sedimentation in
the lake (HCN, 11/25/96: A tribe that takes the high road).
Idaho says it's doing a good job managing the
lake and that the tribe's claim violates state sovereignty over
navigable waterways. According to the Idaho attorney general's
office, tribal control of the lake would raise issues over how to
manage fisheries and boating permits. Ten other states - eight of
them in the West, including Oregon - have filed briefs in support
of Idaho.
"Oregon has a lot of public interest
in the public ownership of lake beds and banks," says Stephanie
Striffler, special counsel to Oregon's attorney general. "When
another Western state is involved, we want to remind the court how
important these issues are."
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