Affiliated Ute Citizens of the State of Utah

CALVIN C. HACKFORD, Plaintiff–Appellant, v. BRUCE BABBITT, Secretary of the United States Department of the Interior; PERRY BAKER, Superintendent of the Uintah and Ouray Indian Reservation; WILLIAM CHRISTENSEN, Lake Fork and Uintah River Commissioner; BART BENNION, Project Engineer, Uintah Irrigation Project, United States Department of the Interior, Defendants–Appellees. Ruling Overview The Tenth Circuit affirmed the district court’s dismissal, holding that Calvin C. Hackford lacked standing to sue regarding his interest in the Uintah Irrigation Project and water rights. 1. Standing Under the Ute Partition and Termination Act The court concluded that although Hackford, as a mixed-blood member of the Ute Tribe, had a “right of user” to irrigation water under the Partition Act (25 U.S.C. §§ 677–677aa), this right was tribal in nature and subject to collective regulation—not an individual ownership interest. As a result, Hackford could not insist on personal management control o...

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Preston Allen , Vice-President of the Affiliated Ute Citizens of the State of Utah and a resident of the Uinta Valley Reservation (Uinta(h) & Ouray Agency), courageously challenged a discriminatory Utah law that barred Native Americans living on reservations from voting. Under Utah’s election code at that time—specifically, paragraph 11, section 20-2-14 of the Utah Code Annotated (1953)—“any person living upon any Indian or military reservation shall not be deemed a resident of Utah ... unless such person had acquired a residence in some county in Utah prior to taking up his residence upon such Indian or military reservation.” This effectively disqualified on-reservation Native Americans from voting. Justia Allen asserted that this exclusion violated both the Fourteenth Amendment (equal protection under the law) and the Fifteenth Amendment (prohibiting denial of voting rights based on race) of the U.S. Constitution. Justia Utah Women's History - Better Days In December 1956...

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