United States Ninth Circuit

In an action by the U.S. against the Truckee-Carson Irrigation District (TCID) alleging a violation of the federal government's water rights, the district court's ruling that the government under the Settlement Act could pursue any claim for past excess diversions from the bodies of water at issue, and denying prejudgment interest, is affirmed in part where: 1) the U.S. properly brought the action under the Settlement Act; 2) the district court's order did not conflict with prior Nevada state court decrees; and 3) the district court did not err in finding TCID liable under the Settlement Act for its violations of operating criteria and procedures imposed by the Secretary of the Interior. However, the order is vacated in part where the district court needed to explain the basis in the record for its legal or equitable award of "water interest," that is, water over the amount wrongfully diverted each year.

Appellate Information

• Argued 10/08/2009
• Decided 04/20/2010
• Published 04/20/2010

Judges

• Before MARY M. SCHROEDER and MARSHA S. BERZON, Circuit Judges, and MILTON I. SHADUR,District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Katherine J. Barton, Washington, D.C., for plaintiff-appellee/appellant United States of America., Don Springmeyer, Las Vegas, NV, for intervenor-appellee/appellant Pyramid Lake Paiute Tribe of Indians., Michael J. Van Zandt, San Francisco, CA, for defendant-appellant/appellee Board of Directors of Truckee Irrigation District., Michael L. Wolz, Reno, NV, for defendants-appellants State of Nevada., Michael F. Mackdon, Fallon, NV, for defendants-appellants State of Nevada.