United States v. Nevada State Engineer

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT APR 07 2010

MO LLY C. DW YER, CLERK

UNITED STATES OF AMERICA, No. 08-16767 U .S. C O U R T O F APPEALS

Plaintiff, D.C. No. 3:73-cv-00203-LDG

and

MEMORANDUM *

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.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 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…