Free Notice (Other) - District Court of Federal Claims - federal

Case 1:91-cv-01470-LAS

Document 298

Filed 11/03/2006

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERA CLAIMS

THE

ESTATE

EST A TE OF JEAN N. HAGE, )
Plaintiffs,
v.

OFE. WAYNHAGEANDTHE )
) )

)

)
) )

No.91-1470L
Senior Judge Loren Smith

UNTED STATES OF AMERICA,

)

Defendant. )
)

)

DEFENDANT'S NOTICE OF SUPPLEMENTAL AUTHORITY
Defendant hereby provides notice to the Court of supplemental authority, Colvin Cattle

Co.. mc. v. United States, No. 06-5012, Slip. op. (Fed. Cir. Nov. 1,2006), in which the Federal
Circuit held that "any water right (under Nevada law) that (plaintiffj or its predecessors obtained

could not and did not include an attendant right to graze on public lands." rd. at 6. As a result,

"because (plaintiff s) water rights do not have an attendant right to graze, no governental action
restricting (plaintiffs) ability to graze on federal land can affect its water right in a maner
cognizable under the Fifth Amendment." rd. at 7. A copy of

the decision is attached.

Defendant notifies the Court of the opinion because of its relevance to the resolution of
the 2004 trial in this case, including plaintiffs' allegations regarding a taking of certain water

rights, forage, and their fee property. The Federal Circuit opinion is also relevant to plaintiffs'
request for compensation for improvements on the federal allotments under 43 U.S.c. § 1752(g).

rd. at 9- 1 0 (holding that where plaintiff "did not request a determination by the Secretar of the
value of its improvements as required by the statute," its 43 U.S.c. § i 752(g) claim was "not ripe

for failure to exhaust administrative remedies").

Case 1:91-cv-01470-LAS

Document 298

Filed 11/03/2006

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Dated: November 3, 2006

Respectfully submitted,

SUE ELLEN WOOLDRIGE
Assistant Attorney General Environment & Natural Resources Division

Isl Kathleen L. Doster Kathleen L. Doster
Natual Resources Section

Environment & Natural Resources Division United States Deparment of Justice P.O. Box 663 Washington, D.C. 20044-0663 (202) 305-0481 (phone)
(202) 305-0506 (fax)
kathleen.dosterêusdoi .gov

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Case 1:91-cv-01470-LAS

Document 298

Filed 11/03/2006

Page 3 of 3

CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing DEFENDANT'S NOTICE OF SUPPLEMENTAL AUTHORITY has been served by first class mail on this 3rd day of November, 2006, to the following interested parties:

Michael W olz

by first class mail

Nevada Attorney General's Office 100 North Carson Street Carson City, NV 89701-471 7
Thomas D. Lustig National Wildlife Federation
2260 Baseline Rd. Ste. i 00

by first class mail

Boulder, CO 80302

Step anie Ore-Brooks

I£~ lj.fk-~

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