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

Nos. 87-1746, 87-1747.

878 F.2d 1217 (1989)

UNITED STATES of America, Plaintiff, v. ALPINE LAND & RESERVOIR COMPANY, a corporation, Defendant, Pyramid Lake Paiute Tribe of Indians, Applicant-Appellant/Cross-Applicant-Appellee, Truckee-Carson Irrigation District; Water Right Transfer Applicants, Applicants-Appellees/Cross-Applicants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 7, 1989.

Attorney(s) appearing for the Case

Robert S. Pelcyger, Fredericks & Pelcyger, Boulder, Colo., for defendant-appellant.

Frederick G. Girard, Kronick, Moskovitz, Tiedemann & Girard, Sacramento, Cal., for defendant-appellee.

Fred R. Disheroon, Atty., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before HALL, KOZINSKI and NOONAN, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

The Pyramid Lake Paiute Tribe of Indians (the Tribe) appeals the district court's decision to uphold the Nevada State Engineer's (the Engineer) approval of 129 applications for the transfer of water rights within the Newlands Reclamation Project in Nevada (the Project). The applications seek the transfer of water rights from Project properties that generally are not under irrigation to properties lacking water rights but which...

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