Legal Opinion
State Engineer of Nevada v. South Fork Band of the Te-Moak Tribe of Western Shoshone Indians
Court of Appeals for the Ninth Circuit
Decided July 28, 2003No. Nos. 00-17146, 00-17172, 00-17173, 00-17175PublishedCited by 40 opinions
1Opinion of the Court
KOZINSKI, Circuit Judge.
We consider whether a state court that has adjudicated a water decree retains exclusive jurisdiction over its administration.
I
Like many Western states, Nevada follows a two-step process in determining and enforcing rights to the use of water in its river systems. First is the adjudication phase. The state engineer makes an initial determination of the relative usufruc-tuary rights to water among different claimants and files an order with the state district court having jurisdiction over the geographic region. Nev.Rev.Stat. §§ 533.090, 533.160. After holding a hearing,…
2Cases cited27 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Morissette v. United StatesSupreme Court of the United States · 1952
22 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Goncalves Ex Rel. Goncalves v. Rady Children's Hospital San DiegoCourt of Appeals for the Ninth Circuit · 2017
- Chad Barnes v. Sea Hawaii Rafting, LLCCourt of Appeals for the Ninth Circuit · 2018
- Mavrix Photographs, LLC v. Livejournal, Inc.Court of Appeals for the Ninth Circuit · 2017
- Reynaldo Gonzalez v. Google LLCCourt of Appeals for the Ninth Circuit · 2021
- Applied Underwriters, Inc. v. Ricardo LaraCourt of Appeals for the Ninth Circuit · 2022
35 more not listed; retrieve them via the Exa API.