ELR Citation: ELR 20572
No(s). 91-16555 (9th Cir. Jan 29, 1993)

The court reverses and remands a district court's order, in a water rights' adjudication, granting relief after judgment to a reservoir owner under Federal Rule of Civil Procedure 60(b)(6) from a decree that lowers its storage entitlements. Rule 60(b)(6) provides that a court may relieve a party from a final judgment, however it may be used as such an equitable remedy only when a party is unable to take timely action to protect its interests by correcting an erroneous judgment due to circumstances beyond its control. The court holds that such circumstances do not exist in this action, because the owner has put forth no reasons for its failure to participate in or object to proceedings that took place in and after 1973. At most, excusable neglect would have been the basis for relief. Parties in complex water rights' adjudication should not be held to a lesser standard than parties in other judicial proceedings. Moreover, parties in water rights' adjudications are entitled to rely on the finality of decrees.

Counsel for Plaintiff-Appellant
David C. Shilton
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Defendant-Appellee
Rew R. Goodenow, Robert W. Marshall
Vargas & Bartlett
201 W. Liberty St., P.O. Box 281, Reno NV 89504
(702) 786-5000