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United States Ninth Circuit


US v. CLIFFORD MATLEY FAMILY TRUST, 01-15778, 01-15813

A district court order affirming the Water Master's reclassification of a farm from "bottom" land to "bench" land is reversed and remanded. The Water Master may approve a petition for reclassification of water rights in the Truckee-Carson river system only when there has been a reasonably significant loss in crop yield.

Appellate Information

  • Argued 11/07/2002
  • Decided 01/20/2004
  • Published 01/20/2004

Judges

  • Before SNEED, McKEOWN, and PAEZ, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • James C. Kilbourne,Department of Justice, Washington, DC, argued the case for appellant United States.  Katherine J. Barton & John L. Smeltzer, Department of Justice, Washington, DC, assisted on the briefs., Robert S. Pelcyger, Louisville, CO, argued the case for appellant Pyramid Lake Paiute Tribe of Indians.  Julia K. Miller, Louisville, CO, assisted on the briefs.

  • For Appellees:
  • Gordon H. DePaoli, Reno, NV, argued the case for appellee Clifford Matley Family Trust, et al.
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