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Ute Distribution Corp. v. Secretary of the Interior of the United States

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Before HENRY, Chief Circuit Judge, BRISCOE, and LUCERO, Circuit Judges.

Plaintiff Ute Distribution Corporation (UDC) appeals from a decision of the district court denying UDC’s claim for a declaration that the Secretary’s implementation of the 1954 Ute Partition and Termination Act, 25 U.S.C. §§ 677 et seq., did not provide for an equitable and practicable division and distribution of water rights between the “mixed-blood” and “full-blood” members of the Ute Indian Tribe, and that, consequently, such rights are currently held in trust by the Secretary for the mixed-blood members.*fn1 Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we conclude that UDC’s action was untimely filed. Accordingly, we affirm the district court’s dismissal of UDC’s claim and remand only so that the district court may amend its judgment to reflect this as the basis for the judgment.

 
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