People of the State of California v. United States

This appeal involves t'he limited questions arising from the order of the trial court denying the motion of the State of California to intervene under Federal Rules of Civil Procedure, rule 24, 28 U.S.C.A., in a suit where the United States, as plaintiff, seeks to quiet title as against the defendant, Sierra Valley Water Company (a public service corporation of the State of California) to 60 c. f. s. of the Little Truckee River, which arises and flows wholly within the State of California, but which empties into the Truckee River, an interstate stream so far as California and Nevada are concerned.

After denial of motions to dismiss, the Water Company filed its answer and counter-claim, and, by leave of court, a cross-complaint, naming as defendants therein the United States, the Washoe County Irrigation District, alleged to be organized under the laws of the State of Nevada and doing business and owning and holding property in the State of California, and the Sierra Pacific Power Company, alleged to be a Maine corporation, doing business and owning and holding property in the State of California. Thereafter, the State of California filed its motion for leave to intervene, on the…

dissenting.

I think that my associates have read something into the record that it does not contain, and that the majority opinion is based upon matters which were never submitted to the trial judge. Neither were they argued by appellant in this court. I think appellant realized that under the ■California decisions these matters could not aid it.

It -is now stated in the court’s opinion that “the State of California claims its right to intervene * * * as prior absolute owner o-f the water in suit * * * ” As I read the record, no such claim was presented either here or in the court below. On the contrary, the brief of the State of California frankly states: “So that there may be' no question in anyone’s mind as to our -position on this appeal, we desire to assure the Court that the State is not seeking a decree in its favor in respect to any portion of the waters of the Little Truckee River.” The answer which the appellant tendered with its motion for intervention contains no allegations of ownership of any water or water rights. The purpose of the intervention is disclosed by the prayer of the proposed answer which is as follows: “Wherefore, defendants, the People of the State…

180 F.2d 596 PEOPLE OF THE STATE OF CALIFORNIA v. UNITED STATES. No. 12184. United States Court of Appeals Ninth Circuit. February 6, 1950. 1 Fred N. Howser, Atty. Gen., H. H. Linney, Chief Asst. Atty. Gen., State of Calif., for appellant. 2 A. Devitt Vanech, Asst. Atty. Gen., Frank J. Hennessy, U. S. Atty., San Francisco, Cal., Emmet J. Seawell, Asst. U. S. Atty., Sacramento, Cal., Roger P. Marquis and Fred W. Smith, Atty. Dept. of Justice, Washington, D. C., for appellee. 3 Before GOODRICH and POPE, Circuit Judges, and HALL, District Judge. 4 HALL, District Judge. 5 This appeal involves the limited questions arising from the order of the trial court denying the motion of the State of California to intervene under Federal Rules of Civil Procedure, rule 24, 28 U.S.C.A., in a suit where the United States, as plaintiff, seeks to quiet title as against the defendant, Sierra Valley Water Company (a public service corporation of the State of California) to 60 c. f. s. of the Little Truckee River, which arises and flows wholly within the State of California, but which empties into the Truckee River, an interstate stream so far as California and Nevada are concerned. 6 After denial of…