Desert Water Agency v. Agua Caliente Band of Cahuilla Indians

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-42 9th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the U.S. Court of Appeals for the 9th Circuit's standard for determining whether a federal reserved water right impliedly exists—that the right impliedly exists if the reservation purpose “envisions” the use of water—conflicts with the standard established by the Supreme Court in United States v. New Mexico, which the petitioners contend held that a federal reserved water right impliedly exists only if the reservation of water is “necessary” to accomplish the primary reservation purposes and prevent these purposes from being “entirely defeated"; (2) whether the reserved rights doctrine applies to groundwater; and (3) whether the Agua Caliente Band of Cahuilla Indians has a reserved right in groundwater, and in particular whether the Tribe's claimed reserved right is “necessary” to primary reservation purposes under the New Mexico standard in light of the fact that the Tribe has the right to use groundwater under California law.

SCOTUSblog Coverage

DateProceedings and Orders
Apr 07 2017Application (16A958) to extend the time to file a petition for a writ of certiorari from June 5, 2017 to July 5, 2017, submitted to Justice Kennedy.
Apr 10 2017Application (16A958) granted by Justice Kennedy extending the time to file until July 5, 2017.
Jul 03 2017Petition for a writ of certiorari filed. (Response due August 7, 2017)
Jul 10 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners.
Jul 24 2017Order extending time to file response to petition to and including September 6, 2017, for all respondents.
Aug 07 2017Brief amicus curiae of Pacific Legal Foundation filed. VIDED.
Aug 07 2017Brief amici curiae of Association of California Water Agencies, et al. filed. VIDED.
Aug 07 2017Brief amici curiae of The States of Nevada, et al. filed. VIDED.
Aug 31 2017Order further extending time to file response to petition to and including October 6, 2017, for all respondents.
 
Share:
Term Snapshot
Awards