Cliff аnd Bertha Gardner (“Gardners”) appeal from the district court’s Fed.R.Civ.P. 12 dismissal of their quiet title action for grazing rights on land located in the Humboldt National Forest. We affirm.
Factual and Procedural Background
Cliff and Bertha Gardner own a сattle ranch in the Ruby Valley, Elko County, Nevada. The ranch is near the Humboldt National Forest. Thе Gardners and their predecessors in interest have grazed livestock on the federal forest land for many years.
Gardners how seek to quiet title to the right to graze cattle and to сertain water rights on the Dawley Creek Allotment, which is part of the Humboldt National Forest. Gardners filed this action in Nevada state court on October 24, 1994. The complaint names several federal officials, including the forest supervisor for the Humboldt National Forest, and certain officials of the state of Nevada, but does not name the United States as a defendаnt. On December 1, 1994, the United States, as the real party in interest, filed a notice of removal with the Nevada state court, and the case was removed to the United States District Court fоr the District of Nevada.
Analysis
1. Standard of Review
This court reviews de novo a district court’s order granting a motion to dismiss. Erickson v. Desert Palace, Inc.,
II. Grazing Rights
Gardners seek to quiet title to grazing rights on the Dawley Creek Allotment, which is part of thе Humboldt National Forest and as such is property of the United States. Gardners, however, sued tо quiet title under a Nevada state statute. The district court held that Gardners’ suit was barred due to thе sovereign immunity of the United States.
In the Quiet Title Act (“QTA”), 28 U.S.C. § 2409a, Congress provided that the sovereign immunity of thе United States may be waived in certain instances for the purpose of determining title to real property. Congressional waivers of the sovereign immunity of the United States “must be strictly obsеrved and exceptions thereto are not to be implied.” Lehman v. Nakshian,
III. Water Rights
The district court also held that Gardners’ claim to water rights on the federal fоrest land was barred by the sovereign immunity of the United States, and also that dismissal was appropriate since comprehensive proceedings regarding the use of this water system were ongoing in a state forum. Gardners argue that the federal government cannot claim sovereign immunity in this instance, and that the district court should have remanded the claim to state court.
Thе McCarran Amendment, 43 U.S.C. § 666, provides for a limited waiver of the sovereign immunity of .the United States in cеrtain circumstances where water rights are concerned. This waiver, however, is limited to сomprehensive adjudications of all of the water rights of various users of a specifiс water system. Dugan v. Rank,
Moreover, when there is a comprehensive litigation of the wаter rights of the users of a particular water system ongoing in a state tribunal, the federal court may dismiss a water rights suit brought by a private party. Arizona v. San Carlos Apache Tribe,
Conclusion
We AFFIRM the decision of the district court.
Notes
. Gardners do not challenge the removal of this case from state court to federal court.
. Gardners do not contest this decision of the district cоurt, and therefore have waived any claim of error on this jurisdictional determination. Issues not raised on appeal are considered abandoned. Dilley v. Gunn,
. The administrative proceeding is entitled “In re: Adjudication of the Waters of Ruby Valley, Elko and White Pine Counties, State of Nevada (Before.the Nevada State Engineer).”
