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ELKO COUNTY BD. OF SUP'RS v. GLICKMAN

No. CV-N-95-38-ECR.

909 F.Supp. 759 (1995)

ELKO COUNTY BOARD OF SUPERVISORS; Duval Ranching Company; S & D Company; Kirk and Ramona Dahl; Sandra L. Sharp; and Sandra L. Sharp and Randall Sharp as trustees of the Leslie B. Sharp Testamentary Trust, Plaintiffs, v. Daniel R. GLICKMAN, Secretary of Agriculture; Jack Ward Thomas, Chief, United States Forest Service; R.M. "Jim" Nelson, Acting Forest Supervisor, Humboldt National Forest; D. Waive Stager, Acting District Ranger, Ruby Mountains Ranger District, Humboldt National Forest; United States Forest Service; and United States, Defendants.

United States District Court, D. Nevada.

November 17, 1995.

Attorney(s) appearing for the Case

John E. Marvel, Special Counsel to the Board of Commissioners of Elko County, Nevada, Elko, NV, Susan E. Buxton, Moore & McFadden, Boise, ID, for Plaintiffs.

Shirley Smith, Asst. U.S. Atty., Reno, NV, Stephen G. Bartell, Environmental Defense Section, Environment & Natural Resources Division, United States Department of Justice, Washington, DC, for Defendants.

ORDER

EDWARD C. REED, Jr., Senior District Judge.

This is a dispute about water, and the irrigation ditches which carry it out of a national forest and onto private land. The plaintiffs are ranchers in the Ruby Valley, in Elko County in northeastern Nevada. Their land lies, roughly speaking, immediately west of, and downhill from, the Humboldt National Forest. The defendants are the United States, its Forest Service, and the federal officials responsible...

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