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MATTER OF WATER RIGHTS OF HUMBOLDT RIVER

No. 37094.

59 P.3d 1226 (2002)

In the Matter of the DETERMINATION OF THE RELATIVE RIGHTS OF THE CLAIMANTS AND APPROPRIATORS OF THE WATERS OF THE HUMBOLDT RIVER STREAM SYSTEM AND TRIBUTARIES. South Fork Band of the Te-Moak Tribe of Western Shoshone Indians of Nevada; and Marvin McDade, in His Capacity as Chairman of the South Fork Band Council, Appellants, v. State Engineer of the State of Nevada and Water Commissioners of the Sixth Judicial District Court, Respondents.

Supreme Court of Nevada.

December 26, 2002.

Attorney(s) appearing for the Case

Nevada Legal Services and Raymond Rodriguez, Carson City, for Appellants.

Frankie Sue Del Papa, Attorney General, and Paul G. Taggart, Deputy Attorney General, Carson City, for Respondents.

BEFORE THE COURT EN BANC.

OPINION

PER CURIAM:

This appeal concerns the scope of a district court's power to enter orders of contempt, and the standard upon which we must review such orders. When the legislature has provided for a direct appeal of a district court's contempt order, we will review for abuse of discretion. We hold that a district court's contempt power does not encompass the power to order an Indian tribe to enact a legislative resolution. The district court...

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