Truckee-Carson Irrigation District Cert Petition

Here is the petition in Board of Directors, Truckee-Carson Irrigation District v. United States: Truckee-Carson Irrigation District Cert Petition.

Lower court materials here.

Questions presented:

1. Whether the Congress violates the separation of powers doctrine under Article III of the United States Constitution by enacting retroactive legislation that requires a court to accept a past federal regulation as currently valid, enforceable and immune from judicial challenge, the underlying premise of which was previously found by an all-inclusive federal water rights adjudication proceeding as violating vested water rights confirmed under a final federal district court water decree and judgment.

2. Whether a federal court has either the legal or equitable jurisdiction to make an award of pre-judgment or postjudgment in-kind interest, that is, interest that is payable in property, in this case water as interest, and not money.