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U.S. v. ORR WATER DITCH CO.

Nos. 99-16812, 99-16817.

256 F.3d 935 (2001)

UNITED STATES of America, Plaintiff, and Pyramid Lake Paiute Tribe of Indians, Petitioner-Appellant, v. ORR WATER DITCH COMPANY, et al., Defendants, and Town of Fernley; Truckee-Carson Irrigation District; The State Engineer, Defendants-Appellees. Town of Fernley; Appeal of State Engineer Ruling No. 4116 United States of America, Plaintiff-Appellant, and Pyramid Lake Paiute Tribe of Indians, Petitioner, v. Orr Water Ditch Company, et al., Defendants, and Town of Fernley; Truckee-Carson Irrigation District; The State Engineer, Defendants-Appellees. Town of Fernley; Appeal of State Engineer Ruling No. 4116

United States Court of Appeals, Ninth Circuit.

Filed July 5, 2001.

Attorney(s) appearing for the Case

Katherine J. Barton, U.S. Department of Justice, Washington, D.C., for plaintiff-appellant United States of America.

Robert S. Pelcyger, Fredericks, Pelcyger & Hester, Louisville, Colorado, for petitioner-appellant Pyramid Lake Paiute Tribe of Indians.

Ross E. de Lipkau, Marshall Hiss Cassas & de Lipkau, Reno, Nevada, for defendant-appellee Town of Fernley.

Michael J. Van Zandt, McQuaid, Metzler, Bedford & Van Zandt, San Francisco, California, for defendant-appellee Truckee-Carson Irrigation District.

David Creekman, Carson City, Nevada, for defendant-appellee The State Engineer.

Before: Mary M. SCHROEDER, Chief Judge, John T. NOONAN and W. FLETCHER, Circuit Judges.

Argued and Submitted December 11, 2000 — San Francisco, California.

Opinion by Judge WILLIAM A. FLETCHER; Dissent by Judge NOONAN.

WILLIAM A. FLETCHER, Circuit Judge:

The town of Fernley, Nevada, has applied to the Nevada State Engineer to change the manner and place of use of rights to roughly 280 acre-feet of water from the federal Newlands Reclamation Project. The Pyramid Lake Paiute Tribe of Indians and the federal government oppose the...

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