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Law
Utah challenges court decision on jurisdiction


Officials in Utah are appealing a decision that held that the state lacks jurisdiction over all Indian lands.

Last November, the Utah Court of Appeals said the Ute Tribe has jurisdiction over hunting and fishing violations that occur on the Uintah and Ouray Reservation. Previously, the state asserted jurisdiction over lands it claimed were no longer part of the reservation.

But the appeals court said Congress never disestablished two former reservations that now make up the Uintah and Ouray Reservation. As a result, all hunting and fishing violations on the affected lands will have to go through the tribe, for tribal members and other Indians, or through federal court, for non-Indians.

The ruling is being appealed to the Utah Supreme Court.

Get the Story:
No Utah open season (The Deseret Morning News 5/30)

Get the Decision:
State v. Reber (November 10, 2005)

Related Stories:
Utah court blocks state jurisdiction on hunting (11/11)
Utah court tries to figure out who is legally Indian (09/22)
Court to hear terminated Ute hunting rights case (09/08)
Federal courts try to decide who is legally Indian (08/24)
Unrecognized tribe loses aboriginal rights case (1/27)
Termination policy still affects Utah tribes (8/7)
Non-recognized tribe wins round in suit (4/16)
Utah says tribe not real (11/8)