United States Ninth Circuit
US v. Orr Water Ditch Co., 07-17001
In an Indian tribe's appeal from Nevada State Engineer Ruling 5747, allocating groundwater in the Tracy Segment Hydrographic Basin, on the ground that the ruling adversely affected the tribe's water rights under a consent decree, dismissal of the action for lack of subject matter jurisdiction is reversed where: 1) the decree forbade groundwater allocations that adversely affected the tribe's decreed rights to water flows in the river; and 2) the federal district court had jurisdiction over an appeal from groundwater allocations by the Engineer that were alleged to have such an adverse effect.
Appellate Information
- Argued 07/15/2009
- Decided 04/07/2010
- Published 04/07/2010
Judges
- WILLIAM A. FLETCHER, Circuit Judge:, Before: CYNTHIA HOLCOMB HALL, W. FLETCHER and RICHARD A. PAEZ, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Don Springmeyer and Christopher W. Mixson, Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP, Las Vegas, NV, for the petitioner-appellant.
- For Appellees:
- Michael Louis Wolz, Office of the Nevada Attorney General, Reno, NV, Ross E. de Lipkau, Parsons Behle & Latimer, Reno, NV, for the respondents-appellees., Brent T. Kolvet, Thorndal, Armstrong, Delk, Balkenbush & Eisinger, Reno, NV, for Real-parties-in-interest-Appellees.