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

No. 06-17375.

510 F.3d 1035 (2007)

UNITED STATES of America, Plaintiff-Appellee, Pyramid Lake Paiute Tribe of Indians, Plaintiff-Appellant, and City of Fernley, Petitioner, v. ALPINE LAND & RESERVOIR COMPANY, a corporation; et al., Defendant, and Nevada State Engineer; Water Transfer Application Nos. 49999 (Workman), 51051 (Harriman), 51608 (Debraga) and 52843 (Inglis); Water Transfer Application Nos. 50008 (Rambling River Ranches/Frey), 51043 (Stix) and 51237 (Wolf); Water Transfer Application No. 51734 (Formerly Bright, Now Haneva); Water Transfer Application 52335 (Ponte); Water Transfer Application No. 53910 (Formerly Thomas, Now United States), Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 7, 2007.

Attorney(s) appearing for the Case

Stephanie Zehren-Thomas, Hester & Zehren, LLC, Louisville, CO; Robert S. Pelcyger, Boulder, CO, for the appellant.

Michael L. Wolz, Senior Deputy Attorney General, Reno, NV, for appellee Nevada State Engineer; Craig A. Pridgen and Nathan A. Metcalf, McQuaid Bedford & Van Zandt, LLP, San Francisco, CA, for appellees DeBraga, Workman, Harriman and Inglis; Colm Moore and Laura A. Schroeder, Schroeder Law Offices, P.C., Portland, OR, for appellees Rambling River Ranches, Dave Stix and Howard Wolf; Katherine J. Barton and William Lazarus, United States Department of Justice, Environment & Natural Resources Div., Washington, D.C., for appellee United States.

Before: JOHN T. NOONAN, FERDINAND F. FERNANDEZ and M. MARGARET McKEOWN, Circuit Judges.

FERNANDEZ, Circuit Judge:

Pyramid Lake Paiute Tribe of Indians (Pyramid) appeals the district court's order affirming the decision of the Nevada State Engineer which granted the transfer of water rights from the parcels of property to which they were then appurtenant to new parcels. All of the water rights are within the boundaries of the Newlands Reclamation Project.1 Pyramid asserts that the...

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