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

Nos. 00-15688, 00-15690 and 00-15692.

279 F.3d 1189 (2002)

UNITED STATES of America, Plaintiff, and Pyramid Lake Paiute Tribe of Indians, Appellant, v. ALPINE LAND & RESERVOIR COMPANY, a corporation, Defendant, and Nevada State Engineer; Rambling River Ranches, Inc., Appellees. United States of America, Plaintiff-Appellee, v. Alpine Land & Reservoir Company, a corporation, Defendant, and Rambling River Ranches, Inc., Appellee, Larry Fritz; Gaylord Blue Equity Trust, Applicants-Appellees. United States of America, Plaintiff-Appellant, Pyramid Lake Paiute Tribe of Indians, Intervenor-Appellee, v. Alpine Land & Reservoir Company, a corporation, Defendant, and Rambling River Ranches, Inc., Appellee, Larry Fritz; Gaylord Blue Equity Trust; Herbert Lohse, Applicants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 14, 2002.

Attorney(s) appearing for the Case

Katherine J. Barton, United States Department of Justice, Washington, District of Columbia, for plaintiff-appellant United States of America.

Robert S. Pelcyger, Fredericks, Pelcyger & Hester, LLC, Louisville, CO, for appellant-cross-appellee Pyramid Lake Paiute Tribe of Indians.

Craig A. Pridgen, McQuaid, Metzler, Bedford & Van Zandt, LLP, San Francisco, CA, for appellee Herbert Lohse and cross-appellant-appellee Wayne Whitehead.

Steven D. King, Mackedon, McCormick & King, Fallon, NV, for applicants-appellees Larry Fritz and Gaylord Blue Equity Trust.

Laura A. Schroeder, Portland, OR, for appellee Rambling River Ranches, Inc.

Michael L. Wolz, Deputy Attorney General, Carson City, NV, for appellee Nevada State Engineer.

Before: HAWKINS and TASHIMA, Circuit Judges, and CLAUDIA WILKEN, District Judge.

OPINION

TASHIMA, Circuit Judge.

In the mid-1980s, a number of landowners in the Newlands Reclamation Project (Project) in Nevada submitted applications to transfer water rights between different parcels of property. The Pyramid Lake Paiute Tribe of Indians (Tribe) protested the applications under the Nevada law of forfeiture and abandonment, arguing that the transfers would decrease the water flow into Pyramid Lake, which is situated on the Tribe's aboriginal...

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