United States v. Gila Valley Irrigation District

MEMORANDUM *

The San Carlos Apache Tribe (Tribe) filed this notice of appeal within 60 days of the filing of the January 8, 2008 order altering the role of the Water Commissioner. Although the notice of appeal was not filed within 60 days of the entry of the district court’s two orders issued August 24, 2007 (referred to collectively as the “Order”) approving the Upper Valley Forbearance Agreement (UVFA) and dismissing the Pumping Complaint as to certain parties, the Order is “inextricably bound up with the order from which appeal is taken.” Idaho Watersheds Project v. Hahn, 307 F.3d 815, 824 (9th Cir.2002). Therefore, the Order merged with the January 8, 2008 order, and the notice of appeal regarding all three orders was timely. See Hook v. Ariz. Dep’t of Corr., 107 F.3d 1397 , 1401-02 (9th Cir.1997).

“We ... have jurisdiction to determine our own jurisdiction.” Special Invs., Inc. v. Aero Air, Inc., 360 F.3d 989 , 992 (9th Cir.2004). Because the Tribe appeals from an interlocutory decision, we have jurisdiction under 28 U.S.C. § 1292 (a)(1) only if the Order: (1) has the “practical effect of the grant or denial of an injunction”; (2) has “serious, perhaps irreparable…