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U.S. v. ORR WATER DITCH CO.

Nos. 03-16654, 03-16941.

400 F.3d 1117 (2005)

UNITED STATES of America, Plaintiff, and Pyramid Lake Paiute Tribe of Indians, Petitioner-Appellant, v. ORR WATER DITCH COMPANY, Defendant, and Churchill County; Truckee-Carson Irrigation District; City of Fallon; City Of Fernley; Truckee Meadows Water Authority; Nevada State Engineer, Respondents-Appellees. United States of America, Plaintiff-Appellant, and Pyramid Lake Paiute Tribe of Indians, Petitioner, v. Orr Water Ditch Company, Defendant-Appellee, and Churchill County; Truckee-Carson Irrigation District; City of Fallon; City of Fernley; Truckee Meadows Water Authority; Nevada State Engineer, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn July 13, 2004.

Resubmitted December 7, 2004.

Filed December 14, 2004.

Amended March 1, 2005.

Attorney(s) appearing for the Case

Robert S. Pelcyger, Fredericks, Pelcyger & Hester, Louisville, CO, for the petitioner-appellant.

Richard G. Campbell, Senn Palumbo Meulemans, Reno, NV; Michael J. Van Zandt, McQuaid, Bedford & Van Zandt, San Francisco, CA; Michael F. Mackedon, Mackedon & McCormick, Fallon, NV; Rebecca Ann Harold, Fernley, NV; Gordon H. DePaoli, Woodburn and Wedge, Reno, NV; Michael L. Wolz, Office of Nevada Attorney General, Carson City, NV, for the respondents-appellees.

Before SCHROEDER, Chief Judge, HAWKINS, and W. FLETCHER, Circuit Judges.

ORDER

This court's opinion, filed December 14, 2004, slip op. 16855, is hereby amended as follows:

At slip. op. 16864, in the second paragraph of subsection C, change "We have consistently held that state law governs applications to change the use of water rights under the Orr Ditch Decree." to "We have consistently applied state law to applications to change the use of water rights under the Orr Ditch Decree." In the third sentence of the...

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