396
Syllabus
theory over the other. The Court need not accept the United States' invitation to look behind the consent judgment at presettlement stipulations and memoranda purportedly demonstrating that the judgment was grounded on the parties' shared view, after the 1978 Secretarial Order, that the disputed lands belong to the Tribe. Because the settlement was ambiguous as between mutually exclusive theories of recovery, the consent judgment is too opaque to serve as a foundation for issue preclusion. Pp. 413-418.
3. The Court accepts the Special Master's recommendations and approves the parties' proposed settlements of the disputes respecting additional water for the Fort Mojave and Colorado River Reservations. Pp. 418-419.
Exception of State parties overruled; Exceptions of United States and
Quechan Tribe sustained; Special Master's recommendations to approve parties' proposed settlements respecting Fort Mojave and Colorado River Reservations are adopted, and parties are directed to submit any objections they may have to Special Master's proposed supplemental decree; Outstanding water rights claims associated with disputed Fort Yuma Reservation boundary lands remanded.
Ginsburg, J., delivered the opinion of the Court, in which Stevens, Scalia, Kennedy, Souter, and Breyer, JJ., joined. Rehnquist, C. J., filed an opinion concurring in part and dissenting in part, in which O'Connor and Thomas, JJ., joined, post, p. 422.
Jeffrey P. Minear argued the cause for the United States. With him on the briefs were Solicitor General Waxman, Assistant Attorney General Schiffer, and Deputy Solicitor General Kneedler.
Mason D. Morisset argued the cause for defendant Quechan Indian Tribe. With him on the briefs was K. Allison McGaw.
Jerome C. Muys argued the cause for the State parties. With him on the briefs were Bill Lockyer, Attorney General of California, Richard M. Frank, Chief Assistant Attorney General, Mary B. Hackenbracht, Assistant Attorney General, Douglas B. Noble, Deputy Attorney General, Michael Pearce, Steven B. Abbott, and Karen L. Tachiki.*
*John M. Lindskog filed a brief for the West Bank Homeowners Association as amicus curiae.
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