United States v. Tulare Lake Canal Company

535 F.2d 1093 6 Envtl. L. Rep. 20 ,487 UNITED STATES of America, Plaintiff-Appellant, v. TULARE LAKE CANAL COMPANY, a corporation, Defendant-Appellee, Tulare Lake Basin Water Storage District and Salyer Land Company, acorporation, Intervenors-Defendants-Appellees. No. 72-2322. United States Court of Appeals, Ninth Circuit. April 5, 1976. Rehearing and Rehearing En Banc Denied June 7, 1976. Douglas N. King, Atty. (argued), Land and Natural Resources Div., U. S. Dept. of Justice, Washington, D. C., for appellant United States. Alvin J. Rockwell (argued), of Brobeck, Phleger & Harrison, San Francisco, Cal., for appellee Tulare Lake Canal Co. J. Thomas Crowe (argued), of Crowe, Mitchell & Crowe, Visalia, Cal., for amicus curiae. OPINION Before BROWNING, DUNIWAY, and WALLACE, Circuit Judges. BROWNING, Circuit Judge: 1 This action was brought by the United States to determine two questions regarding the application of the reclamation laws, and particularly section 46 of the Omnibus Adjustment Act of 1926, 1 to private lands receiving irrigation benefits from the Pine Flat Dam, a multiple-purpose dam on the Kings River, which flows into the San Joaquin River Basin in the Central…