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U.S. v. TRUCKEE-CARSON IRRIGATION DIST.

Nos. 04-16032, 04-16033.

429 F.3d 902 (2005)

UNITED STATES of America, Plaintiff, and Pyramid Lake Paiute Tribe of Indians, Petitioner-Appellant, v. TRUCKEE-CARSON IRRIGATION DISTRICT; City of Fallon; City of Fernley, Defendants-Appellees, Nevada State Engineers, Respondent-Appellee. United States of America, Plaintiff-Appellant, and Pyramid Lake Paiute Tribe of Indians, Petitioner, v. City of Fernley, Defendant-Appellee, Nevada State Engineers, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 21, 2005.

Attorney(s) appearing for the Case

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.

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.

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

WILLIAM A. FLETCHER, Circuit Judge.

This appeal arises from efforts by the Pyramid Lake Paiute Tribe of Indians to apply some of its Truckee River water rights, as established under a 1944 federal court decree, to instream use rather than irrigation. The district court held that the Tribe was entitled to change the use of the water rights, but was not entitled to apply the transportation loss portion of the rights. We affirm...

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