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  5. 887 F.2d 207 (1989)
 

U.S. v. ALPINE LAND AND RESERVOIR CO.

Nos. 88-2539, 88-2542.

887 F.2d 207 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. ALPINE LAND AND RESERVOIR CO., Defendant, and Truckee-Carson Irrigation District, Defendant-Appellee. UNITED STATES of America, Plaintiff, v. ALPINE LAND AND RESERVOIR CO., Defendant, and TRUCKEE-CARSON IRRIGATION DISTRICT, Defendant-Appellee, v. PYRAMID LAKE PAIUTE TRIBE OF INDIANS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 4, 1989.

Attorney(s) appearing for the Case

Dirk D. Snel, Dept. of Justice, Washington, D.C., for plaintiff-appellant U.S.

Frederick G. Girard, Kronick, Moskovitz, Tiedemann and Girard, Sacramento, Cal., for defendant-appellee Truckee-Carson Irr. Dist.

Robert S. Pelcyger, Fredericks & Pelcyger, Boulder, Colo., for defendant-appellant Pyramid Lake Paiute Tribe of Indians.

Gordon H. DePaoli, Woodburn, Wedge & Jeppson, Reno, Nev., for defendants-intervenors-appellees David L. Matley and Christine L. Matley.

Before SCHROEDER and CANBY, Circuit Judges, and LEW, District Judge.

SCHROEDER, Circuit Judge:

Introduction

This appeal is yet another phase of the epic litigation over rights to the waters of the Carson and Truckee Rivers. Here, the United States together with the Pyramid Lake Paiute Tribe of Indians (the Tribe), the downstream user of the Truckee River, is pitted against the Truckee-Carson Irrigation District (TCID), which represents the owners of land within the Newlands Reclamation Project (the Project), the upstream...

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