The program on the Skook is mitigation; paid for the by dam operator. So, the state doesn't have "their" money involved. I suspect that the state does not oppose tribal non-selective fishing to strongly to stay out of court.

Too my mind, if the State were to "win" in that the Treaty Right is to only 50% then the Tribes would seriously challenge all selective fisheries and the State has used some questionable analyses in the past.