THOMAS, Circuit Judge:
Almost from the time that explorers John C. Frémont and Kit Carson first came upon the Truckee River and Pyramid Lake,
Two rivers flow through the Truckee River Basin, which straddles the California-Nevada border in one of the nation's most arid regions: the Truckee and the Carson. The Carson River "rises on the eastern slope of the High Sierra in Alpine County, California, and flows north and northeast over a course of about 170 miles, finally disappearing into Carson sink." Id. at 115, 103 S.Ct. 2906. The Truckee River originates in Lake Tahoe, flows north and east into Nevada, and terminates in Pyramid Lake, for which it provides the sole source of water. United States v. Alpine Land & Reservoir Co., 878 F.2d 1217, 1219 (9th Cir.1989) (Alpine II).
Pyramid Lake is "widely considered the most beautiful desert lake in North America...." Nevada, 463 U.S. at 114, 103 S.Ct. 2906 (internal quotation marks and citation omitted). It lies entirely within the reservation of the Pyramid Lake Paiute Tribe (the "Tribe") and is the Tribe's "aboriginal home." Alpine II, 878 F.2d at 1219. Historically, Pyramid Lake supported a world-famous fishery of Lahontan cutthroat trout and cui-ui sucker fish. Nevada, 463 U.S. at 114-15, 119 n. 7, 103 S.Ct. 2906. Over the course of the twentieth century, however, diversion of Truckee River water for agricultural use caused a dramatic reduction in the lake's surface area. Alpine II, 878 F.2d at 1220. As a result, a delta formed at the mouth of the Truckee River, choking off access to spawning grounds used by Pyramid Lake's
The large-scale diversion of water for agricultural use in the Truckee River basin is facilitated by the Newlands Project (the "Project"), one of the first federal reclamation efforts commenced under the authority of the Reclamation Act of 1902, ch. 1093, 32 Stat. 388, codified at 43 U.S.C. §§ 371-600e. The Reclamation Act gave the federal government "a prominent role in the development of the West," by authorizing the Secretary of the Interior "to withdraw from public entry lands in specified western States, reclaim the lands through irrigation projects, and then to restore the lands to entry pursuant to the homestead laws and certain conditions imposed by the Act itself." Nevada, 463 U.S. at 115, 103 S.Ct. 2906. Pursuant to this authority, the Secretary withdrew from the public domain approximately 232,800 acres of land in western Nevada to establish the Newlands Project. United States v. Alpine Land & Reservoir Co., 291 F.3d 1062, 1066 (9th Cir.2002) (Alpine V). The Project "was designed to irrigate a substantial amount of this land with water from the Truckee and Carson Rivers, thereby turning wasteland into farmland." Alpine II, 878 F.2d at 1220 (footnote omitted).
Lands served by the Project are divided into the "Truckee Division" and the "Carson Division." United States v. Alpine Land & Reservoir Co., 887 F.2d 207, 208 (9th Cir.1989) (Alpine III). At the Derby Diversion Dam east of Sparks, Nevada, part of the Truckee River's flow is diverted from its natural course to Pyramid Lake. Id. A portion of that diverted water supplies irrigators in the Truckee Division; the remainder is impounded in the Lahontan Reservoir and released into the Carson River to supply irrigators in the Carson Division. Id. "Because diversions from the Carson River do not directly affect Pyramid Lake, the Tribe has sought and obtained judicial rulings that Carson River flows should be utilized whenever possible, before Truckee River flows, to supply the Project with its necessary water." Id. at 210 n. 2 (citing Pyramid Lake Paiute Tribe of Indians v. Morton, 354 F.Supp. 252 (D.D.C.1973)). Thus, we have acknowledged that decreasing water demand in the Carson Division correspondingly decreases the quantity of Truckee River water used there, which in turn increases flows to Pyramid Lake. Id.
Two federal court decrees — products of suits by the United States to quiet title to Truckee and Carson River water — govern water rights in the Newlands Project. The Orr Ditch Decree, In Equity Dkt. No. A3, slip op. (D.Nev. Sept. 8, 1944), allocates water rights on the Truckee River,
The Alpine Decree also establishes rules for transferring decreed water rights to new locations and uses within the Project. Alpine V, 291 F.3d at 1066-67. Of significance to this appeal, Administrative Provision VII of the Decree states that a party may only transfer the consumptive use portion of its water right to a use other than irrigation.
Under the Alpine Decree, the Nevada State Engineer adjudicates applications to change the manner of use, place of use, or place of diversion for decreed water rights according to Nevada law. Id. However, the U.S. District Court for the District of Nevada, which issued the Alpine Decree, retains jurisdiction over challenges to the State Engineer's decisions on change applications. Id.; Nev.Rev.Stat. § 533.450(1).
This appeal concerns applications filed by the Nevada Department of Wildlife
Historically, the Carson River supported an average of 150,000 acres of wetlands, which provided important habitat for waterfowl, shorebirds, and other wildlife. "The Project, however, altered the natural hydrological flow in the wetlands, as flooding that had previously sent springtime flows down the Carson River into the marshes was contained and diverted into Project irrigation canals for delivery to newly created farmlands in the Carson Division of the Project." Id. As a result, "the Lahontan Valley wetlands and marshes largely dried up." Id. (citing Churchill Cnty. v. Norton, 276 F.3d 1060, 1068 (9th Cir.2001)). To stave off further habitat loss, Congress authorized the Secretary of the Interior and Nevada conservation agencies to acquire and transfer water rights from willing landowners in the Newlands Project to the wetlands. See id. at 1176-77.
At issue are three applications submitted by the Department and the Association (collectively, the "Applicants") to the State Engineer to transfer water rights from agricultural lands in the Carson Division to Carson Lake and Pasture to sustain wildlife habitat. The Applicants contend that they seek only to change the water's place of use, but not its manner of use. Because they propose to use the transferred water to support the growth of plants used by wildlife,
The Tribe and the United States protested the applications before the State Engineer,
The Tribe and the United States sought review of the State Engineer's decision in the U.S. District Court for the District of Nevada, invoking its reserved jurisdiction under the Alpine Decree. See United States v. Alpine Land & Reservoir Co./Churchill Cnty. v. Turnipseed, 174 F.3d 1007, 1011 (9th Cir.1999) (affirming that, in the Alpine Decree, the district court reserved jurisdiction to review adjudications of transfer applications for decreed water rights). The district court held that the Applicants' proposed use of water at Carson Lake and Pasture is not "irrigation" within the meaning of the Alpine Decree. United States v. Alpine Land & Reservoir Co., 788 F.Supp.2d 1209, 1219 (D.Nev.2011). It explained that,
Id. at 1217 (footnote omitted). The district court also observed that Nevada law, which the Alpine Decree incorporates as the source of substantive water law, defines "wildlife purposes" as a distinct use of water. Id. at 1218 (citing Nev.Rev.Stat. § 533.023).
This timely appeal followed.
At the outset, the Association argues that the Tribe lacks standing under Article III and the Alpine Decree because it does not allege injury to its decreed water rights. The Association is correct that the Tribe lacks water rights under the Alpine Decree, and its rights to Truckee River water under the Orr Ditch Decree are not threatened by the State Engineer's decision in this case. However, the Tribe satisfies the constitutional standing requirement by plausibly alleging that the Applicants' proposed transfer of water rights to Carson Lake and Pasture will increase demand for Truckee River water in the Carson Division and thereby diminish flows to Pyramid Lake. Moreover, the Tribe properly invoked the district court's reserved jurisdiction to review adjudications of water rights under the Alpine Decree.
It is well established that "the irreducible constitutional minimum of standing contains three elements": (1) a concrete and particularized injury that is "actual or imminent, not conjectural or hypothetical"; (2) a causal connection between the injury and the defendant's challenged conduct; and (3) a likelihood that a favorable decision will redress that injury. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61,
In addition, the Tribe properly invoked the district court's reserved jurisdiction to review the State Engineer's adjudication of decreed water rights. In Orr Ditch IV, we held that the district court lacks jurisdiction to review the State Engineer's adjudication of non-decreed water rights unless the plaintiff alleges injury to its decreed water rights. Orr Ditch IV, 600 F.3d at 1160. Since the district court's reserved jurisdiction over the State Engineer's decisions is "an adjunct to its jurisdiction over the quiet title action" that spawned the Decree, Alpine II, 878 F.2d at 1219 n. 2, that jurisdiction is necessarily limited to review of the Engineer's decisions that affect rights granted under the Decree. Here, however, the plaintiffs need not allege injury to their decreed water rights because the challenged transfer applications concern decreed water rights. Having cleared the constitutional standing hurdle, the Tribe is free to invoke the district court's undisputed jurisdiction to review decisions of the State Engineer that concern decreed water rights.
The sole issue on the merits is whether the Applicants' proposed use of water at Carson Lake and Pasture constitutes "irrigation" within the meaning of
Though it does not define "irrigation," the Alpine Decree expresses a singular concern with the provision of irrigation water for agricultural use, and its references to irrigation uniformly relate to agriculture. For instance, the Decree's first administrative provision states that the lands in the Newlands Project "are dry and arid and irrigation is necessary for the production of valuable crops thereon." Alpine Decree, Civ. No. D-183, slip op. at 157 (emphasis added). Consistent with this finding, decreed water rights are based on the quantity of water "necessary and sufficient for the reasonable and economical irrigation of crops thereon." Id. In its accompanying opinion, the district court stated that one of its "central tasks" in fashioning the Alpine Decree was to "establish a clear and specific water duty for both the Newlands Project farmlands and the upper Carson farmlands." Alpine Land & Reservoir, 503 F.Supp. at 887. The Applicants fail to identify any language in the Decree or accompanying opinion suggesting that the Decree's references to irrigation encompass anything more than the application of water to cultivate crops for human or livestock consumption.
Based on this language, we have similarly described the purpose of the Newlands Project and the governing decrees as facilitating agricultural irrigation. See, e.g., Alpine VI, 340 F.3d at 907 (stating that "[t]he Project was intended to convert some of the country's most arid land into irrigated farmland...."); Alpine V, 291 F.3d at 1066 (stating that "[t]he Project was designed to irrigate a substantial area... in order to facilitate its conversion to farmland") (emphasis added); Alpine II, 878 F.2d at 1220 (citations and footnote omitted) (describing the Project's purpose as "turning wasteland into farmland" by "irrigat[ing] a substantial amount of [the Project] land with water from the Truckee and Carson Rivers...."); United States v. Alpine Land & Reservoir Co., 697 F.2d 851, 860 (9th Cir.1983) (Alpine I) (stating that the Project's Lahontan reservoir, "as a project built under the federal Reclamation Act, was intended for the primary benefit of the farmers who would use its waters for irrigation"). We find no contrary evidence that would support our departure from this longstanding interpretation.
The Nevada water code defines "wildlife purposes" to "include the watering of wildlife and the establishment and maintenance of wetlands, fisheries, and other wildlife habitats." Nev.Rev.Stat. § 533.023.
In an abstract sense, the Applicants' argument has technical support insofar as their proposed use of water at Carson Lake and Pasture, like the cultivation of alfalfa or livestock pasture, involves the mechanical application of water to grow plants. And the Applicants and State Engineer cite dictionaries, irrigation textbooks, and state agency publications that expansively define "irrigation" so as to encompass their proposed use. But in the context of the Alpine Decree and the Nevada water code, the argument plainly fails. Both the Decree and the state water code speak of irrigation solely in the context of agriculture and distinguish such use from the application of water for recreational, aesthetic, and wildlife purposes.
In sum, the district court correctly concluded that diversion of water for waterfowl habitat is not "irrigation" within the meaning of the Alpine decree. We affirm the judgment of the district court.