Without determining whether the bill of complaint states a claim
upon which relief can be granted, Idaho's motion for leave to file
a bill of complaint is granted to the extent that the complaint
prays that the Court declare Idaho entitled as against Oregon and
Washington to an equitable portion of the upriver anadromous
fishery of the Columbia River Basin and that the Court determine
such portion on the evidence and award costs and incidental relief,
but is denied in all other respects.
PER CURIAM.
The Court has considered the written submissions of the parties
and heard oral argument by the Attorneys General of the States with
respect to the motion of the State of Idaho for leave to file a
bill of complaint. It having been
Page 429 U. S. 164
concluded that the Court has original and exclusive jurisdiction
of this case to the extent that the complaint prays that the Court
declare that the State of Idaho is entitled to an equitable portion
of the upriver anadromous fishery of the Columbia River Basin and
that the Court determine Idaho's equitable portion based on the
evidence and award costs and appropriate incidental relief, the
motion for leave to file is hereby granted to that extent. The
motion is in all other respects denied. This order is not a
judgment that the bill of complaint, to the extent that permission
to file is granted, states a claim upon which relief may be
granted. This order also leaves open the question of the
indispensability of the United States as a party for decision after
evidence, in the event the United States does not enter its
appearance in the case. The States of Oregon and Washington are
directed to file answers to the bill of complaint or to otherwise
plead within 60 days and process is ordered to issue
accordingly.
It is so ordered.