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U.S. v. ORR WATER DITCH CO.

Nos. 03-16654, 03-16941.

391 F.3d 1077 (2004)

UNITED STATES of America, Plaintiff, and Pyramid Lake Paiute Tribe of Indians, Petitioner-Appellant, v. ORR WATER DITCH COMPANY, Defendant, and Churchill County; Truckee-Carson Irrigation District; City of Fallon; City of Fernley; Truckee Meadows Water Authority; Nevada State Engineer, Respondents-Appellees. United States of America, Plaintiff-Appellant, and Pyramid Lake Paiute Tribe of Indians, Petitioner, v. Orr Water Ditch Company, Defendant-Appellee, and Churchill County; Truckee-Carson Irrigation District; City of Fallon; City of Fernley; Truckee Meadows Water Authority; Nevada State Engineer, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn July 13, 2004.

Resubmitted December 7, 2004.

Filed December 14, 2004.

Attorney(s) appearing for the Case

Robert S. Pelcyger, Fredericks, Pelcyger & Hester, Louisville, CO, for the petitioner-appellant.

Richard G. Campbell, Senn Palumbo Meulemans, Reno, NV; Michael J. Van Zandt, McQuaid, Bedford & Van Zandt, San Francisco, CA; Michael F. Mackedon, Mackedon & McCormick, Fallon, NV; Rebecca Ann Harold, Fernley, NV; Gordon H. DePaoli, Woodburn and Wedge, Reno, NV; Michael L. Wolz, Office of Nevada Attorney General, Carson City, NV, for the respondents-appellees.

Before SCHROEDER, Chief Judge, HAWKINS, and W. FLETCHER, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge.

In this case, we consider whether a Nevada statute providing for an automatic stay of the State Engineer's decisions applies to federal proceedings under the Orr Ditch Decree.

Because we find that Nev.Rev.Stat. § 533.450 is an integral part of Nevada water law rather than a generally applicable rule of civil procedure, we conclude that it does.

I. Background...

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