Anderson: Taking it to the limit so far on Upper Red

  • Article by: DENNIS ANDERSON , Star Tribune
  • Updated: June 12, 2013 - 1:32 AM

The state’s hottest walleye water might be Upper Red in the northwest part of the state, where limits have been commonplace since ice left the lake May 15.

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sjfellegyJun. 12, 13 3:23 PM

Who owns Upper and Lower Red Lake? In fact, the current scenario is directly contradicted by the U.S. Supreme Court's 1926 U.S. v. Holt State Bank decision. In that decision, the Supreme Court ruled that Red Lake was not made part of the Red Lake reservation, so there was no "exclusion of others from the use of navigable waters." They added that in the creation of the Red Lake reservation "There was nothing in this which even approaches a grant of rights in lands underlying navigable water..." The court affirmed that the Indians were to have access to the lake, and to be entitled to "use them in accustomed ways; but these were common rights vouchsafed to all, whether white or Indian..." The Court added that these waters "shall be common highways, and forever free, as well to the inhabitants of said State as to all other citizens of the United States." Finally, the Supreme Court concluded, "...the State on its admission into the Union became the owner of the bed of the lake..." So where are our Federal and State leaders ( and media) on this case?

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