United States v. Alpine Land & Reservoir Company

965 F.2d 731 UNITED STATES of America, Plaintiff, v. ALPINE LAND & RESERVOIR COMPANY, a Corporation, Defendant, and Nevada State Engineer, Defendant-Appellee, Pyramid Lake Paiute Tribe of Indians, Applicant-Appellant, Truckee-Carson Irrigation District; Water Right Transfer Applicants, Applicants-Appellees. No. 90-16460. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 26, 1991. Decided May 26, 1992. Robert S. Pelcyger, Fredericks, Pelcyger & Hester, Boulder, Colo., for applicant-appellant. Margaret A. Twedt, Deputy Atty. Gen., Carson City, Nev., for defendant-appellee. Frederick G. Girard, Kronick, Moskovitz, Tiedemann & Girard, Sacramento, Cal., for applicants-appellees. Appeal from the United States District Court for the District of Nevada. Before: WALLACE, Chief Judge, WIGGINS and BRUNETTI, Circuit Judges. BRUNETTI, Circuit Judge: 1 The Pyramid Lake Paiute Tribe of Indians (the "Tribe") protested the applications of farmers in the Newlands Federal Reclamation Project (the "Project") to transfer water rights. The Nevada State Engineer (the "Engineer") approved the applications and the district court affirmed. We affirmed in part, reversed in…