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Cappaert Vs. United States

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  • US Supreme Court
  • Jun 07, 1976

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46 entries 2 linked 44 unlinked
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  1. Fpc Vs. Oregon US Supreme Court · Jun 06, 1955
  2. ickes Vs. Fox US Supreme Court · Feb 01, 1937
    Relied / Followed
  3. Cappaert v. United
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  4. States - 426 U.S. 128 (1976) U.S. Supreme Court Cappaert v. United
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  5. States, 426 U.S. 128 (1976) Cappaert v. United
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  6. in nonnavigable water in accordance with state law, does not apply to water rights of federal reserved land, FPC v. Oregon
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  7. federal enclaves, encompassing water rights in navigable and nonnavigable streams. Colorado River Water Cons. Dist. v. United
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  8. United States v. District
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  9. Arizona v. California
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  10. Winters v. United
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  11. of those cases shows they do not analyze the doctrine in terms of a balancing test. For example, in Winters v. United
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  12. waters are necessary to accomplish the purposes for which the reservation was created. See, e.g., Arizona v. California
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  13. however, reserves only that amount of water necessary to fulfill the purpose of the reservation, no more. Arizona v. California
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  14. Cameron v. United
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  15. in nonnavigable water in accordance with state law. California Page 426 U. S. 144 Oregon Power Co. v. Beaver
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  16. This Court held in FPC v. Oregon
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  17. Page 426 U. S. 145 The Cappaert petitioners argue that FPC v. Oregon
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  18. Colorado River Water Cons. Dist. v. United
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  19. States be joined as a party in a state court general water rights' adjudication, Colorado River Water Cons. Dist. v. United
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  20. nor was the United States in privity with the Cappaerts. See Blonder-Tongue Labs., Inc. v. University
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  21. in the District Court was not decided in the proceedings before the State Engineer. See Blonder-Tongue Labs., Inc. v. University
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  22. of Illinois Foundation, supra at 402 U. S. 323 . Cf. United States v. Utah
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  23. Together with No. 74-1304, Nevada ex rel. Westergard v. United
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  24. Nevada is asking, in effect, that the Court overrule Arizona v. California
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  25. U. S. 546 (1963), and United States v. District
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  26. as determined by state law. California Oregon Power Co. v. Beaver
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  27. Jones v. Adams
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  28. a right to its continued use as long as the water is beneficially diverted. See Colorado River Water Cons. Dist. v. United
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  29. The cases relied upon by the Cappaerts are not to the contrary. E.g., United States v. Gerlach
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  30. Dority v. New
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  31. predecessors in interest had any vested water rights in 1952, when the United States' water rights vested. Nebraska v. Wyoming
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  32. In Nebraska v. Wyoming
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  33. Nevada argues that the discussion of the implied reservation doctrine in FPC v. Oregon
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  34. U.S. Supreme Court Cappaert v. United
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  35. Cameron v. United
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  36. Oregon Power Co. v. Beaver
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  37. the Cappaerts. See Blonder-Tongue Labs., Inc. v. University
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  38. the State Engineer. See Blonder-Tongue Labs., Inc. v. University
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  39. Cf. United States v. Utah
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  40. Westergard v. United
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  41. and United States v. District
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  42. California Oregon Power Co. v. Beaver
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  43. See Colorado River Water Cons. Dist. v. United
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  44. E.g., United States v. Gerlach
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  45. United States v. Powers
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  46. Nebraska v. Wyoming
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