On Friday, April 23, 2010, the 9th U.S. Circuit Court of
Appeals upheld a verdict that allowed the EPA to pursue action against a Nevada
irrigation company, claiming the agency can pursue any claim for past
diversions from bodies of water.
In an action by the U.S. against the Truckee-Carson Irrigation
District (TCID), the district alleged a violation of the federal government's
water rights. A district court ruled the EPA was right, finding TCID liable
under the Settlement Act for its violations of operating criteria and
procedures imposed by the Secretary of the Interior. However, the lower court's
order was vacated in part where the district court needed to explain the basis
in the record for its legal or equitable award of "water interest,"
that is, water over the amount wrongfully diverted each year
