Desert Water Agency v. Agua Caliente Band of Cahuilla Indians
Petition for certiorari denied on November 27, 2017
Linked with:
Issue: (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
- Petitions of the day (Aurora Barnes, September 8, 2017)
Date | Proceedings and Orders |
---|---|
04/07/2017 | Application (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. |
04/10/2017 | Application (16A958) granted by Justice Kennedy extending the time to file until July 5, 2017. |
07/03/2017 | Petition for a writ of certiorari filed. (Response due August 7, 2017) |
07/10/2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners. |
07/24/2017 | Order extending time to file response to petition to and including September 6, 2017, for all respondents. |
08/07/2017 | Brief amicus curiae of Pacific Legal Foundation filed. VIDED. |
08/07/2017 | Brief amici curiae of Association of California Water Agencies, et al. filed. VIDED. |
08/07/2017 | Brief amici curiae of The States of Nevada, et al. filed. VIDED. |
08/31/2017 | Order further extending time to file response to petition to and including October 6, 2017, for all respondents. |
10/06/2017 | Order further extending time to file response to petition to and including October 13, 2017, for all respondents. |
10/13/2017 | Brief of Federal Respondents in opposition filed. VIDED. |
10/13/2017 | Brief of respondent Agua Caliente Band of Cahuilla Indians in opposition filed. VIDED. |
10/27/2017 | Reply of petitioners Desert Water Agency, et al. filed. |
11/01/2017 | DISTRIBUTED for Conference of 11/21/2017. |
11/02/2017 | Supplemental brief of respondent Agua Caliente Band of Cahuilla Indians filed. VIDED. (Distributed) |
11/03/2017 | Supplemental brief of petitioners Desert Water Agency, et al. filed. (Distributed) |
11/27/2017 | Petition DENIED. |