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CAPPAERT v. UNITED STATES

No. 74-1107.

426 U.S. 128 (1976)

96 S.Ct. 2062

48 L.Ed.2d 523

CAPPAERT ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided June 7, 1976.

Attorney(s) appearing for the Case

Samuel S. Lionel argued the cause and field briefs for petitioners in No. 74-1107. George Allison, Special Deputy Attorney General of Nevada, argued the cause for petitioner in No. 74-1304. With him on the briefs was Peter D. Laxalt, Special Deputy Attorney General.

Deputy Solicitor General Randolph argued the cause for the United States in both cases. With him on the brief were Solicitor General Bork, Acting Assistant Attorney General Kiechel, Harry R. Sachse, Jacques B. Gelin, John H. Germeraad, and Robert L. Klarquist.†

MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

The question presented in this litigation is whether the reservation of Devil's Hole as a national monument reserved federal water rights in unappropriated water.

Devil's Hole is a deep limestone cavern in Nevada. Approximately 50 feet below the opening of the cavern is a pool 65 feet long, 10 feet wide, and at least 200 feet deep, although its actual depth...

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