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CARSON-TRUCKEE WATER CONSERVANCY DIST. v. CLARK

Nos. 83-1549, 83-1562, 83-1603 and 83-1714.

741 F.2d 257 (1984)

CARSON-TRUCKEE WATER CONSERVANCY DISTRICT, Sierra Pacific Power Company, and the State of Nevada, Plaintiffs-Appellants, Cross-Appellees, v. William P. CLARK, Secretary of the Interior, et al., Defendants-Appellees, and Pyramid Lake Paiute Tribe of Indians, Defendant-Intervenor-Appellee, Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 22, 1984.

Attorney(s) appearing for the Case

John M. Collette, Collette & Erickson, Andrew J. Ogilvie, San Francisco, Cal., for Sierra Pacific Power Co. and Carson-Truckee Water Dist.

D. Brian McKay, Atty. Gen., William E. Isaeff, Deputy Atty. Gen., Carson City, Nev., Harold Swafford, John Hoffman, Bowen, Swafford & Hoffman, Reno, Nev., for the State of Nev.

F. Henry Habicht, II, Peter Steenland, Jr., Kirk D. Snel, Albert M. Ferlo, Jr., Washington, D.C., for Clark.

Michael Thorp, Eisenhower, Carlson, Newlands, Reha & Quinn, Tacoma, Wash., Robert S. Pelcyger, Fredericks & Pelcyger, Boulder, Colo., for Pyramid Lake Paiute Tribe.

Before DUNIWAY, Senior Circuit Judge, PREGERSON, and NORRIS, Circuit Judges.

PREGERSON, Circuit Judge:

The Carson-Truckee Water Conservancy District and Sierra Pacific Power Company (appellants) sought a declaratory judgment that the Secretary of the Interior (Secretary) violated the Washoe Project Act, 43 U.S.C.A. §§ 614-614d (West 1964), and related reclamation laws in refusing to sell water from the Stampede Dam and Reservoir on the Little Truckee River for municipal and industrial (M & I) use in Reno and Sparks. In addition...

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