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SOUTH FORK BAND v. SIXTH JUD. DIST. COURT

No. 35591.

7 P.3d 455 (2000)

SOUTH FORK BAND OF the TE-MOAK TRIBE OF WESTERN SHOSHONE INDIANS OF NEVADA; Marvin McDade, in his Capacity as Chairman of the South Fork Band Council, Petitioners, v. The SIXTH JUDICIAL DISTRICT COURT of the State of Nevada, in and for the COUNTY OF HUMBOLDT, and the Honorable Richard A. Wagner, District Judge, Respondents, and State Engineer of the State of Nevada and Water Commissioners of the Sixth Judicial District Court, Real Parties in Interest.

Supreme Court of Nevada.

August 24, 2000.

Attorney(s) appearing for the Case

Nevada Legal Services, Raymond Rodriguez, Carson City, for Petitioners.

David G. Allison, District Attorney, Humboldt County, for Respondents.

Frankie Sue Del Papa, Attorney General, Paul G. Taggart, Deputy Attorney General, Carson City, for Respondents and Real Parties in Interest.

BEFORE THE COURT EN BANC.

OPINION

PER CURIAM:

This is an original petition for writ of prohibition seeking to prevent the district court from proceeding on a petition for an order requiring petitioners to show cause why they should not be held in contempt for interfering with the state engineer and water commissioners in regulating adjudicated water rights along the Humboldt River, Petitioners contend that the district court lacks jurisdiction based on sovereign immunity....

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