Legal Opinion

Grindstone Butte Project, a Tenancy in Common v. Thomas S. Kleppe, Secretary of the Interior

Court of Appeals for the Ninth Circuit

Decided April 1, 1981No. 78-1134PublishedCited by 22 opinions

1Opinion of the Court

PREGERSON, Circuit Judge:

This is an appeal from a summary judgment holding that the Secretary of the Interior lacked authority to impose terms and conditions, primarily designed to protect the environment, upon irrigation rights-of-way granted over federal lands under the Act of March 3, 1891, 43 U.S.C. §§ 946-949 (1891 Act). We reverse.

FACTS

The pertinent facts are undisputed. In 1974, the Idaho Office of the Bureau of Land Management, United States Department of the Interior, granted two irrigation rights-of-way over federal lands to the Grindstone Butte Project (Grindstone), a tenancy in…

2Cases cited8 opinions

  1. Morton v. MancariSupreme Court of the United States · 1974
  2. Flint Ridge Development Co. v. Scenic Rivers Assn. of Okla.Supreme Court of the United States · 1976
  3. Van Wyck v. KnevalsSupreme Court of the United States · 1882
  4. Bethilda Betty Phillips, Widow and Personal Representative of Walter Phillips, Deceased v. Amoco Trinidad Oil Company, and Santa Fe Drilling CompanyCourt of Appeals for the Ninth Circuit · 1980
  5. Globe Cotton Mills v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 1939

3 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. In Re The Glacier BayCourt of Appeals for the Ninth Circuit · 1991
  2. Adams v. United StatesCourt of Appeals for the Ninth Circuit · 1993
  3. R. Jay Kidd v. United States Department of Interior, Bureau of Land Management, and Henry W. ManningCourt of Appeals for the Ninth Circuit · 1985
  4. City And County Of Denver v. Robert BerglandCourt of Appeals for the Tenth Circuit · 1982
  5. Lee S. Donaldson v. United StatesCourt of Appeals for the Ninth Circuit · 1981

17 more not listed; retrieve them via the Exa API.

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