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PYRAMID LAKE PAIUTE TRIBE OF INDIANS v. HODEL

No. 88-15116.

882 F.2d 364 (1989)

PYRAMID LAKE PAIUTE TRIBE OF INDIANS, Plaintiff, v. Donald P. HODEL, Secretary of the Interior, Defendant-Appellant, v. TRUCKEE-CARSON IRRIGATION DISTRICT; Newlands Project Water Rights Holders; State of Nevada; Fallon Paiute-Shoshone Tribes, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 9, 1989.

Attorney(s) appearing for the Case

Robert S. Pelcyger and Fredericks & Pelcyger, Boulder, Colo., for plaintiff Pyramid Paiute Tribe of Indians.

Dirk D. Snell, Atty., Dept. of Justice, Washington, D.C., for defendant-appellant Secretary of the Interior.

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

Brian Chally, Deputy Atty. Gen., State of Nev., Carson City, Nev., for defendant-intervenor-appellee State of Nev.

Gordon H. DePaoli and Woodburn, Wedge & Jeppson, Reno, Nev., for defendants-intervenors-appellees Newlands Project Water Rights Holders.

Before CHAMBERS, Senior Circuit Judge, BROWNING and BEEZER, Circuit Judges.

JAMES R. BROWNING, Circuit Judge:

The Secretary of the Interior and the Pyramid Lake Paiute Tribe of Indians appeal an order compelling the Secretary to release 21,435 acre feet of water from the Stampede Reservoir on the Little Truckee River to the Lahontan Reservoir for irrigation of lands in the Newlands Project, a federal reclamation project operated under contract by the Truckee-Carson Irrigation District (District). We reverse and remand.

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