Unpublished Disposition, 883 F.2d 1023 (9th Cir. 1988)

MEMORANDUM^** 

Three issues have been presented on this appeal:

(1) Did the district court erroneously reject the Tribe's argument that Walton was illegally diverting surface flow in No Name Creek when some of that surface flow was created by ground water pumped by the Tribe into the Creek's surface flow?

(2) Was Walton illegally utilizing any of his allotted 120 acre feet of water, using some of it on allotments other than the former Allotment No. 525 and irrigating more than 30 acres on Allotment No. 525?

(3) Did Walton's diversion dam violate the district court's order of July 25, 1988?

(4) Was the district court in error in its ruling to appoint a water master?

At oral argument, counsel for the appellant injected a new issue by moving to strike an affidavit by appellee Walton.

All of the issues have been considered by the court and have been found to be without merit. We affirm the judgment of the district court for the reasons given in that court's orders of August 2, 1988 and December 2, 1988. The belated motion to strike is denied. The mandate will issue at once. No petition for rehearing will be entertained.

AFFIRMED.