Pyramid Lake Paiute v. Nevada State Engineer

BACKGROUND

We will be brief in setting out the background of this case because similar disputes have been before us many times in the past and we have extensively recounted the relevant his- tory in our resolution of those disputes.2 The Orr Ditch Decree3 was involved in certain of the cases and the Alpine Decree4 1 In the Reclamation Act of 1902, 32 Stat. 388, Congress withdrew about 250,000 acres of land in Nevada from public use, which was then irrigated with water from the Truckee River and the Carson River. Those actions created the Project. 2 As relevant here, we have opined on the issues and set forth substantial comments regarding their history in the following cases: United States v. Alpine Land & Reservoir Co., 340 F.3d 903 (9th Cir. 2003) (“Alpine VI”); United States v. Alpine Land & Reservoir Co., 291 F.3d 1062 (9th Cir. 2002) (“Alpine V”); United States v. Orr Water Ditch Co., 256 F.3d 935 (9th Cir. 2001) (“Orr Ditch”); United States v. Alpine Land & Reservoir Co., 878 F.2d 1217 (9th Cir. 1989) (“Alpine II”). 3 In 1913, the United States initiated litigation for the purpose of settling competing claims to water of the Truckee River. That resulted in the Orr Ditch…