Roger D. Foley Papers on United States v. Cappaert (MS-00020)

United States v. Francis Leo Cappaert, et al. (1976) was an influential ruling that protected the Devils Hole pupfish (Cyprinodon diabolis), which is only found in Devils Hole in Death Valley National Park in Nevada. In 1968 Francis and Marilyn Cappaert petitioned the Nevada State Engineer to increase the amount of water they drew from the wells on their ranch. Originally, the Cappaerts drew from these wells for domestic purposes, but later their ranching business needed more water. The petition was granted, which resulted in a decreased water level in Devils Hole and threatened the survival of its rare pupfish. The National Parks Service filed a protest with the State Engineer, but the Cappaerts were allowed to continue pumping water from the wells. The U.S. government filed a suit against the defendants' ranch, the Spring Meadows Ranch, in August 1971 to protect the pupfish and the water in which they lived. District Judge Foley issued a temporary injunction against pumping water in August 1971 to protect the pupfish and the water in which they lived for the duration of the trial. The Cappaerts tried to fight this injunction in the Ninth District Court of Appeals in January 1976 and lost. On July 08, 1976, the District Court ruled that the Cappaerts were required to regulate their water use to maintain a water level in Devils Hole sufficient enough for the Devils Hole pupfish to thrive.