CHURCHILL COUNTY v. NORTON

No. 00-15967.

276 F.3d 1060 (2001)

CHURCHILL COUNTY; City of Fallon, Plaintiffs-Appellants, v. Gale A. NORTON, in her official capacity as Secretary of the Interior; William Bettenberg, in his official capacity as Assistant Director, Office of Policy Analysis, Department of the Interior; Jeffrey Zippin, in his official capacity as Team Leader Truckee-Carson Coordination Office, Department of the Interior; Ronald Anglin, in his official capacity as Refuge manager; Stillwater National Wildlife Refuge, Department of the Interior; Marvin Plenert, in his official capacity as Regional Director of the U.S. Fish and Wildlife Service; John Doebel, in his official capacity as Assistant Regional Director of the U.S. Fish and Wildlife Service; and Ann Ball, in her capacity as Project Manager of Bureau of Reclamation Lahontan Basin Project Office, Defendants-Appellees. and Sierra Pacific Power Company, Defendant-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed December 19, 2001.


Attorney(s) appearing for the Case

Antonio Rossmann (argued), Roger B. Moore, Law Offices of Antonio Rossmann, San Francisco, California; Michael F. Mackedon, Steven D. King, City of Fallon, Nevada; Richard G. Campbell, Ryan Campbell, Reno, Nevada, for the plaintiffs-appellants.

Kathryn E. Kovacs (argued), Lois J. Schiffer, Sean H. Donahue, Fred R. Disheroon, Stephen M. McFarlane, Appellate Section, Environment & Natural Resources Division, U.S. Department of Justice, Washington, D.C., for the defendants-appellees.

Before: SNEED, GRABER, and PAEZ, Circuit Judges.


Opinion by Judge PAEZ; Concurring Opinion by Judge SNEED

PAEZ, Circuit Judge:

For more than a century, myriad interests, from individuals to power companies to Indian tribes, from federal to state to local governments, have disputed the rights to water from the Truckee and Carson Rivers.1 Through its enactment of Public Law 101-618, 104 Stat. 3289 (1990), Congress addressed years of legal challenges regarding the over-committed...

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