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U.S. v. ORR WATER DITCH CO.

No. 07-17001.

600 F.3d 1152 (2010)

UNITED STATES of America, Plaintiff, and Pyramid Lake Paiute Tribe of Indians, Petitioner-Appellant, v. ORR WATER DITCH CO., Defendant, Nevada State Engineer, Respondent-Appellee, and Grand Slam Enterprises, LLC; Tri Water and Sewer Company, Real-parties-in-interest-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 7, 2010.

Attorney(s) appearing for the Case

Don Springmeyer and Christopher W. Mixson, Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP, Las Vegas, NV, for the petitioner-appellant.

Michael Louis Wolz, Office of the Nevada Attorney General, Reno, NV, Ross E. de Lipkau, Parsons Behle & Latimer, Reno, NV, for the respondents-appellees.

Brent T. Kolvet, Thorndal, Armstrong, Delk, Balkenbush & Eisinger, Reno, NV, for Real-parties-in-interest-Appellees.

Before: CYNTHIA HOLCOMB HALL, W. FLETCHER and RICHARD A. PAEZ, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge:

This case concerns the extent of the federal courts' subject matter jurisdiction over the administration of water rights adjudicated in the Orr Ditch Decree ("the Decree"). The Decree allocates rights to water in the Truckee River. See United States v. Orr Water Ditch Co., Equity No. A3 (D.Nev.1944). The river begins at Lake Tahoe and runs most of its course in Nevada, ultimately flowing into Pyramid Lake, northeast of Reno...

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