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PYRAMID LAKE PAIUTE TRIBE v. DEPT. OF WILDLIFE

Nos. 11-16470, 11-16475, 11-16482.

724 F.3d 1181 (2013)

PYRAMID LAKE PAIUTE TRIBE OF INDIANS; United States of America, Plaintiffs-Appellees, v. State of NEVADA, DEPARTMENT OF WILDLIFE; Nevada Waterfowl Association, Respondents, and Nevada State Engineer, Defendant-Appellant. Pyramid Lake Paiute Tribe of Indians; United States of America, Plaintiffs-Appellees, v. Nevada Waterfowl Association, Respondent, Nevada State Engineer, Defendant, and State of Nevada, Department of Wildlife, Respondent-Appellant. Pyramid Lake Paiute Tribe of Indians; United States of America, Plaintiffs-Appellees, v. State of Nevada, Department of Wildlife, Respondent, Nevada State Engineer, Defendant, Nevada Waterfowl Association, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 30, 2013.

Attorney(s) appearing for the Case

Bryan L. Stockton , Senior Deputy Attorney General, Carson City, NV, for Defendant-Appellant Nevada State Engineer.

Nhu Q. Nguyen , Senior Deputy Attorney General, and Kristen R. Geddes (argued), Deputy Attorney General, Carson City, NV, for Respondent-Appellant Nevada Department of Wildlife.

Paul G. Taggart (argued) and Alexander E. Drew , Taggart & Taggart, Ltd., Carson City, NV; Jim C. Giudici , McDonald, Carano, Wilson, LLP, Reno, NV, for Respondent-Appellant Nevada Waterfowl Association.

Fred Disheroon , Stephen M. MacFarlane , John L. Smeltzer , and Katherine J. Barton (argued), United States Department of Justice, Washington, D.C., for Plaintiff-Appellee United States of America.

Don Springmeyer and Christopher W. Mixson , Wolf, Rifkin, Shapiro, Schulman and Rabkin, LLP, Las Vegas, NV, for Plaintiff-Appellee Pyramid Lake Paiute Tribe of Indians.

Before: MARY M. SCHROEDER, SIDNEY R. THOMAS, and BARRY G. SILVERMAN, Circuit Judges.

OPINION

THOMAS, Circuit Judge:

Almost from the time that explorers John C. Frémont and Kit Carson first came upon the Truckee River and Pyramid Lake,1 disputes have arisen about water rights. In this latest chapter in a hundred-year litigation history, see Nevada v. United States, 463 U.S. 110, 113, 103 S.Ct. 2906, 77 L.Ed.2d 509 (1983) (summarizing history), we consider whether diverting...

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