AGUA CALIENTE v. COACHELLA VALLEY WATER DIST.

No. 15-55896.

849 F.3d 1262 (2017)

AGUA CALIENTE BAND OF CAHUILLA INDIANS, Plaintiff-Appellee, United States of America, Intervenor-Plaintiff-Appellee, v. COACHELLA VALLEY WATER DISTRICT; Ed Pack, in Official Capacity as Member of the Board of Directors of the Coachella Valley Water District; John Powell, Jr., in Official Capacity as Member of the Board of Directors of the Coachella Valley Water District; Peter Nelson, in Official Capacity as Member of the Board of Directors of the Coachella Valley Water District; G. Patrick O'dowd, in Official Capacity as a Member of the Board of Directors of the Coachella Valley Water District; Castulo R. Estrada, in Official Capacity as a Member of the Board of Directors of the Coachella Valley Water District; Desert Water Agency; Patricia G. Oygar, in Official Capacity as Member of the Board of Directors of the Desert Water Agency; Thomas Kieley, III, in Official Capacity as Member of the Board of Directors of the Desert Water Agency; James Cioffi, in Official Capacity as Member of the Board of Directors of the Desert Water Agency; Craig A. Ewing, in Official Capacity as Member of the Board of Directors of the Desert Water Agency; Joseph K. Stuart, in Official Capacity as Member of the Board of Directors of the Desert Water Agency, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 7, 2017.


Attorney(s) appearing for the Case

Steven Bane Abbott (argued), Gerald D. Shoaf , and Julianna K. Tillquist , Redwine and Sherrill, Riverside, California, for Defendants-Appellants Coachella Valley Water District, G. Patrick O'Dowd, Ed Pack, John Powell Jr., Peter Nelson, and Castulo R. Estrada.

Roderick E. Walston (argued), Arthur L. Littleworth , Michael T. Riddell , and Steven G. Martin , Best Best & Krieger LLP, Walnut Creek, California, for Defendants-Appellants Desert Water Agency, Patricia G. Oygar, Thomas Kieley III, James Cioffi, Craig A. Ewing, and Joseph K. Stuart.

Catherine F. Munson (argued), Kilpatrick Townsend & Stockton LLP, Washington, D.C.; Steven C. Moore and Heather Whiteman Runs Him , Native American Rights Fund, Boulder, Colorado; Mark H. Reeves , Kilpatrick Townsend & Stockton LLP, Augusta, Georgia; Adam H. Charnes, Kilpatrick Townsend & Stockton LLP, Dallas, Texas; for Plaintiff-Appellee.

Elizabeth A. Peterson (argued), Yosef M. Negose , Daron T. Carreiro , Patrick Barry , John L. Smeltzer , and William B. Lazarus , Attorneys; John C. Cruden , Assistant Attorney General; United States Department of Justice, Washington, D.C.; Christopher Watson and Scott Bergstrom , Office of the Solicitor, United States Department of the Interior, Washington, D.C.; for Intervenor-Plaintiff-Appellee.

Before: Richard C. Tallman and Morgan B. Christen, Circuit Judges, and Matthew F. Kennelly, District Judge.


OPINION

"When the well's dry, we know the worth of water." Benjamin Franklin (1706-1790), Poor Richard's Almanac.

The Coachella Valley Water District ("CVWD") and the Desert Water Agency ("DWA") (collectively, the "water agencies") bring an interlocutory appeal of the district court's grant of partial...

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