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U.S. v. ORR WATER DITCH CO.

No. 89-15179.

914 F.2d 1302 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. ORR WATER DITCH COMPANY, et al., Defendant, and State of Nevada; Sierra Pacific Power Company; Truckee-Carson Irrigation District; Pyramid Lake Paiute Tribe of Indians, Defendants-Appellees, and City of Reno; City of Sparks, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 18, 1990.

As Amended December 13, 1990.

Attorney(s) appearing for the Case

Laura B. Ahearn, Skadden, Arps, Slate, Meagher & Flom, Washington, D.C., for defendants-appellants.

Dirk D. Snel, Dept. of Justice, Washington, D.C., for plaintiff-appellee.

John W. Hoffman, Sp. Deputy Atty. Gen., Reno, Nev., Robert Pelcyger, Fredericks & Pelcyger, Boulder, Colo., for defendants-appellees.

Before LIVELY, FLETCHER and REINHARDT, Circuit Judges.

FLETCHER, Circuit Judge:

Central to this appeal is the question of who has jurisdiction in the first instance over proposed actions of the cities of Reno and Sparks ("Cities") to change sewage treatment methods, thereby diverting effluent from the Truckee River system to land irrigation. The Cities claim that sewage treatment does not involve "water," and that they therefore need not apply for a change in water right to the Nevada State Engineer when altering the...

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