United States Ninth Circuit

In a case involving efforts by plaintiff, Pyramid Lake Paiute Tribe of Indians, to apply some of its water rights to instream use rather than irrigation, the district court's finding that plaintiff was entitled to change the use of the water rights, but was not entitled to apply the transportation loss portion of the rights is affirmed.

Appellate Information

• Argued 07/07/2005
• Decided 11/21/2005
• Published 11/21/2005

Judges

• WILLIAM A. FLETCHER, Circuit Judge., Before SCHROEDER, Chief Judge, HAWKINS and W. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Katherine J. Barton, Fred R. Disheroon, James B. Cooney, U.S. Department of Justice, Washington, DC;  Stephen M. MacFarlane, U.S. Department of Justice, Sacramento, CA, for plaintiff-appellant United States of America., Robert S. Pelcyger, Fredericks Pelcyger Hester & White, Louisville, CO, for petitioner-appellant Pyramid Lake Paiute Tribe of Indians.


• For Appellees:
  
• Michael J. Van Zandt, McQuaid Bedford & Van Zandt, San Francisco, CA, for defendant-appellee Truckee-Carson Irrigation District., Steve King, Mackedon & McCormick, Fallon, NV, for defendant-appellee City of Fallon., Paul G. Taggart, King & Taggart, Carson City, NV, for defendant-appellee City of Fernley., Michael L. Wolz, Office of the Nevada Attorney General, Carson City, NV, for respondent-appellee Nevada State Engineers.