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United States of America, and Pyramid Lake Paiute Tribe of Indians v. Orr Water Ditch Company, and Churchill County Truckee-Carson Irrigation District City of Fallon City of Fernley Truckee Meadows Water Authority Nevada State Engineer, United States of America, and Pyramid Lake Paiute Tribe of Indians v. Orr Water Ditch Company, and Churchill County Truckee-Carson Irrigation District City of Fallon City of Fernley Truckee Meadows Water Authority Nevada State Engineer
Citation: 400 F.3d 1117Docket: 03-16654
Court: Court of Appeals for the Ninth Circuit; February 28, 2005; Federal Appellate Court
The case involves the United States of America and the Pyramid Lake Paiute Tribe of Indians as petitioners/appellants against the Orr Water Ditch Company and several respondents, including Churchill County and various water authorities. The appeals were filed in the United States Court of Appeals for the Ninth Circuit, with the case numbers 03-16654 and 03-16941. The court heard arguments on June 24, 2004, withdrew the submission on July 13, 2004, and later resubmitted it on December 7, 2004, with the opinion filed on December 14, 2004, and amended on March 1, 2005. The key legal issue centers around the application of state law to water rights under the Orr Ditch Decree. The court amended its previous opinion to clarify that it has consistently applied state law in these applications and has been guided by the policies of the 1902 Reclamation Act, which mandates that state water law governs the appropriation and distribution of water. The court denied the petition for rehearing filed on January 28, 2005, stating that no further petitions for rehearing or rehearing en banc may be submitted.