United States of America v. Alpine Land & Reservoir Co.

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff,
and
PYRAMID LAKE PAIUTE TRIBE OF
INDIANS,
Petitioner - Appellant,
v.
ALPINE LAND & RESERVOIR CO.,
Defendant,
NEVADA STATE ENGINEER,
Respondent - Appellee,
and
ASPEN CREEK, LLC; DAYTON
VALLEY INVESTORS, LLC; STANTON
PARK DEVELOPMENT, INC.,
Real-parties-in-interest -
Appellees.
No. 08-16767
D.C. No. 3:73-cv-00203-LDG
MEMORANDUM *
FILED
APR 07 2010
MO LLY C. DW YER, CLERK
U .S. C O U R T O F APPEALS

-- 1 of 3 --

2
Appeal from the United States District Court
for the District of Nevada
Lloyd D. George, District Judge, Presiding
Argued and Submitted July 15, 2009
San Francisco, California
Before: HALL, W. FLETCHER and PAEZ, Circuit Judges.
The legal issues in this appeal are essentially identical to those we decided in
United States v. Orr Water Ditch Co., No. 07-17001. We have filed a published
opinion in that case today.
This appeal arises from Ruling 5823 of the Nevada State Engineer,
allocating groundwater rights in the Dayton Valley Hydrographic Basin (“the
Basin”). The Pyramid Lake Paiute Tribe of Indians (“the Tribe”) opposed many of
the applications. The Tribe contended that the groundwater in the Basin was over-
appropriated and that granting the applications would impair their federally
decreed water rights under the Alpine Decree. The State Engineer ruled against the
Tribe. Inter alia, the Engineer ruled that the Tribe’s decreed water rights were not
protected against diminution as a result of allocations of groundwater. The Tribe
appealed the Engineer’s ruling to the federal district court.
The district court held that it did not have subject matter jurisdiction over the
Tribe’s appeal, holding that the appeal should be brought in the Nevada state court

-- 2 of 3 --

3
in Lyon County. The district court so held even though the Tribe contended in its
appeal that the Engineer’s ruling adversely affected its water rights under the
Alpine Decree.
The district court’s holding is inconsistent with our decision today in United
States v. Orr Water Ditch Co. We vacate and remand to the district court for
further proceedings consistent with that decision.
VACATED and REMANDED.

-- 3 of 3 --