Churсhill County appealed to a Nevada state court the decision of the Nevada State Engineer, R. Michael Turnipseed, granting a water rights transfer application to the United States Fish and Wildlife Service. The United States District Court for the District of Nevada enjoined the state court proceeding because the state proceeding interfered with the district court’s exclusive jurisdiction to hear appeals regarding the water rights at issue, rights that had been originally adjudiсated by the district court. Churchill County appeals, contending that the district court erred in issuing the injunction. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
I.
At the turn of this century, the Secretary of the Interior, acting pursuant to congressional authorization, withdrew from the public domain a large tract of land in western Nevada. This land became the Newlands Reclamation Project, a project diverting and storing water from the Truckee and Carson Rivers in a reservoir behind Lahontan Dam and distributing it downstrеam by means of canals for irrigation and related uses. See Nevada v. United States,
•On April 4, 1996, the Fish and Wildlife Service filed two applications with the State Engineer to change the place and manner of use of the water rights it had purchased from other users and that had been adjudicated under the Alpine and Orr Ditch Decrees. Under the Fish and Wildlife Service’s application, the water was to be transferred from the Newlands Reclamation Project to the Lahontan Valley Wetlands and used for recreation, wildlife, and maintaining the wetlands. Churchill County filed a protest to each application with the State Engineer, asserting that the transfer of water would deplete Churchill County’s groundwater supply, harm its tax base, and create a dust hazard. On October 30,1996, the State Engineer conducted a public hearing and found that the transfer would result in little if any effect on the groundwater supply, negligible tax consequences, and no threat of a dust hazard. Accordingly, the State Engineer granted one of the Fish and Wildlife Service’s applications.
In November 1996, Churchill County filed an appeal of the State Engineer’s ruling in the Third Judicial District Court of the State of Nevada. The State Engineer filed a motion to dismiss for lack of jurisdiction, which the court denied. The Nevada court narrowly construed the relevant federal court precedent, which held that the federal district court exercises appellate jurisdiction over decisions of the State Engineer that involve federally decreed water rights. The state court further held that Nevada Revised Statute § 533.450
On August 11, 1997, the State Engineer filed a motion in the United States District Court for the District of Nevada asking the court to enjoin, pursuant to 28 U.S.C. §§ 1651 and 2283, further proceedings in the state court. The United States, in its capacity as plaintiff in the Alpine and Orr Ditch actions, filed a brief in support of the State Engineer’s motion. While the motion was pending, Churchill County filed a motion in the state court to enjoin the federal procеeding, which the state court granted. On September 17, 1997, in identical orders under the Alpine and Orr Ditch Decrees, the federal district court issued its own injunction.
Churchill County contends that the district court erred in enjoining the state proceeding because the district court does not have exclusive jurisdiction over all of the State Engineer’s rulings regarding waters of the Carson and Truckee Rivers. According to Churchill County, the district court’s jurisdiction is limited to decisions that implicate federal interests in the оper
IL
We review the existence of subject matter jurisdiction de novo. See Galt G/S v. JSS Scandinavia,
III.
A. JURISDICTION
Churchill County argues that the district court did not have jurisdiction to enjoin the state court proceeding. We disagree. We conclude that the district court’s jurisdiction over disputes arising under the Alpine and Orr Ditch Decrees is both continuing and exclusive.
1. Continuing Jurisdiction
We have consistently interpreted both the Alpine and Orr Ditch Decrеes to provide for federal district court review of decisions of the State Engineer regarding applications to change the place of diversion or manner or place of use of water rights derived from the Alpine and Orr Ditch Decrees.
The Alpine Decree expressly provides the district court with continuing jurisdiction over transfer applications:
Applications for changes in the place of diversion, place of use or manner of use as to Nevada shall be directed to the State Engineer. Any person feeling himself aggrieved by any order or decision of the State Engineer on these matters may appeal that decision or order to this Court.
(Emphasis added.)
This jurisdictional arrangement has been repeatedly upheld. See United States v. Alpine Land & Reservoir Co.,
We have also interpreted the Orr Ditch Decree as providing for continuing federal court jurisdiction over appeals from decisions of the State Engineer arising under that Decree. See Orr Water,
[p]ersons whose rights are adjudicated hereby, their successors or assigns, shall be entitled to change in the manner provided by law the point of diversion and the place, means, manner or purpose of use of the waters to which they are so entitled or any part thereof, so far as they may do so without injury to the rights of other persons whose rights are fixed by this decree.
(Emphasis added.)
Although the Orr Ditch Decree does not expressly providе for federal district court review of the decisions of the State Engineer, we have interpreted Nevada law, which provides for jurisdiction of appeals from decisions of the State Engineer “in the court that entered the decree,” as providing for federal court review under the Orr Ditch Decree. Orr Water,
We must determine whether the Fish and Wildlife Service’s transfer application comes within the ambit of the jurisdiction
Churchill County’s belief that federal court jurisdiction must be based on the existence of a federal interest stems from language in Alpine I and Alpine II. In particular, in Alpine I, this court stated that “[t]he United States is not concerned with the routine change application, but with the possibility that federal interests will be ignored by the Nevada State Engineer.” Alpine I,
Reasons for providing federal court jurisdiction, however, are not the same as prerequisites for jurisdiction. The Alpine I court addressed a dispute over whether applications for change in the place оf diversion or manner or place of use should be directed to the State Engineer at all. The language cited above responds to a concern that federal interests might be ignored. The Alpine I court did not say that federal court jurisdiction would lie only when a federal interest is implicated. See also Aqueduct I,
Churchill County also points to this court’s statement in Alpine II that district court appellate jurisdictiоn over the decisions of the State Engineer “is highly extraordinary.” Alpine II,
Thus, we find that the transfer application at issue comes within the scope of jurisdiction intended by the Alpine and Orr Ditch Decrees.
2. Exclusive Jurisdiction
Not only is the district court’s jurisdiction continuing, it is exclusive. The district court held that it had exclusive
First, the district court implicitly retained exclusive jurisdiction in the Alpine and Orr Ditch Decrees. As discussed above, the Alpine Deсree expressly reserves appellate jurisdiction over decisions of the State Engineer for the district court, and the Orr Ditch Decree has been similarly interpreted. Neither the Decrees nor the cases interpreting these Decrees mention concurrent jurisdiction with the Nevada state courts. Furthermore, to construe these Decrees so that the district court does not retain exclusive jurisdiction would render the retention of jurisdiction a nullity. We have explаined, in the context of a settlement agreement, why retaining jurisdiction should be interpreted as retaining exclusive jurisdiction:
The reason why exclusivity is inferred is that it would make no sense for the district court to retain jurisdiction to interpret and apply its own judgment to the future conduct contemplated by the judgment, yet have a state court construing what the federal court meant in the judgment. Such an arrangement would potentially frustrate the federal district court’s purpose.
Flanagan v. Arnaiz,
Second, the district court’s jurisdiction is exclusive because its jurisdiction is best characterized as in rem jurisdiction. Churchill County does not dispute the well-established proposition that the first court to gain jurisdiction over a res exercises exclusive jurisdiction over an action involving that res. See, e.g., Kline v. Burke Constr. Co.,
[State and federal courts] do not belong to the same system, so far as their jurisdiction is concurrent; and although they co-exist in the same space, they are independent, and have no common superior. They exercise jurisdiction, it is true, within the same territory, but not in the same plane; and when one takes into its jurisdiction a specific thing, that res is as much withdrawn from the judicial power of the other, as if it had been carried physically into a different territorial sovereignty. To attempt to seize it by a foreign process is futile and void.
Kline,
The actions that resulted in the Orr Ditch and Alpine Decrees are sufficiently analogous to in rem actions to provide the district court with exclusive jurisdiction. Nevada law treats water rights as real property. See In re Filippini,
The Nevada state court could not have exercised in rem jurisdiction first because the federal district court had already asserted jurisdiction over the water rights in question when it adjudicated the Alрine and Orr Ditch Decrees and because it continued to retain such jurisdiction.
Therefore, because the district court retained exclusive jurisdiction and because the Decrees are properly analogized to in rem proceedings, the district court exercises exclusive jurisdiction over actions arising under these Decrees.
B. PROPRIETY OF THE INJUNCTION
Churchill County contends that the district court did not need to enjoin the state court proceeding to protect what jurisdiction it does hаve. We find that the district court did not abuse its discretion in doing so.
1. The Anti-Injunction Act
The Anti-Injunction Act, 28 U.S.C. § 2283, prohibits federal courts from enjoining state court proceedings unless one of three exceptions applies: “A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.” 28 U.S.C. § 2283 (1994). These three exceptions are to bе construed narrowly, “resolv[ing] doubts in favor of letting the state action proceed.” Quackenbush,
The district court relied on the second exception that an injunction may issue “where necessary in aid of [the court’s] jurisdiction.” § 2283. The district court was correct to do so for two reasons.
First, it has long been held that the first court to exercise jurisdiction over real property is entitled to enjoin proceedings in another court regarding that property. See, e.g., Kline,
*1014 It is settled that where a federal court has first acquired jurisdiction of the subject-matter of a cause, it may enjoin the parties from proceeding in a state court of concurrent jurisdiction where the effect of the action would be to defeat or impair the jurisdiction of the federal court. Where the action is in rem the effect is to draw to the federal court the possession or control, actual or potential, of the res, and the exercise by the state court of jurisdiсtion over the same res necessarily impairs, and may defeat, the jurisdiction of the federal court already attached.
2. The Decision to Issue the Injunction
Federal courts are empowered by the All Writs Act, 28 U.S.C. § 1651, to enjoin state court proceedings that interfere with federal judgments. See Keith v. Volpe,
C. DISTRICT COURT REVIEW OF STATE COURT INJUNCTION
Finally, Churchill County argues that the district court’s order enjoining the Nevada state court proceeding amounted to direct federal district court review of a state court decision. Specifically, Churchill County objects to the district court’s ruling that the state court’s injunction is void for lack of jurisdiction and that the state court misinterpreted a state statute.
Under 28 U.S.C. § 1257, the Supreme Court has jurisdiction to review certain state court decisions. Under the Rooker-Feldman doctrine, the lower federal courts do not have this authority. See Feldman,
IV.
The district court has continuing and exclusive jurisdiction to hear appeals from decisions of the Nevada State Engineer involving water rights adjudicated under the Alpine and Orr Ditch Decrees. The injunction at issue in this case was necessary to protect the district court’s exclusive jurisdiction. Therefore, the district court did not abuse its discretion by enjoining the Nevada state court proceeding. Accordingly, the order of the district court is
AFFIRMED.
Notes
. As a result of the State Engineer's decision to grant one of its applications, the Fish and Wildlife Service withdrew its second application.
. Section 533.450 provides that "on stream systems where a decree of court has been entered, the [appeal of the decision of the State Engineer] shall be initiated in the court that entered the decree.” Nev.Rev.Stat. § 533.450 (1997).
. The injunction reads:
THE COURT ORDERS that the Third Judicial District Court of Nevada’s Order enjoining State Engineer R. Michael Turnip-seed from proceeding in this action and enjoining this Court from proceeding in this action is hereby held to be VOID as being entered without jurisdiction and in derogation of this Court’s exclusive jurisdiction over the water rights at issuе;
... The Court ENJOINS further proceedings in Case No. 23656, Department No. II, in the Third Judicial District Court of the State of Nevada in and for the County of Churchill.
(Emphasis in original).
. We express no view on this subject.
. We also reject Churchill County's argument that the district court lacked jurisdiction because the State Engineer cannot satisfy the test for supplemental jurisdiction under 28 U.S.C. § 1367. Supplemental jurisdiction under § 1367 is distinct from the equitable doctrine of ancillary jurisdiction, which allows a court to adjudicate related claims “to manage its proceedings, vindicate its authority, and effectuate its decrees.” Kokkonen v. Guardian Life Ins. Co.,
. The district court noted that Churchill County conceded that the federal district court was the first court to acquire jurisdiction over the water rights in question, a concession Churchill County disputes. The district court's reliance on this supposed concession did not contrоl the result it reached, however, because the district court found that it had gained jurisdiction over the water rights at issue when the Orr Ditch and Alpine cases were first filed in federal court. Therefore, whether there was ever such a concession is irrelevant for purposes of this appeal.
. Churchill County contends that the decision of Landi v. Phelps,
[I]f the District Court does have jurisdiction, it is not enough that the requested injunction is related to that jurisdiction, but it must be "necessary in aid of" that jurisdiction! ... [S]ome federal injunctive relief may be necessary to prevent a state court from so interfering with a federal court's consideration or disposition of a case as to seriously impair the federal court's flexibility and authority to decide that case.
Atlantic Coast,
. Because we agree with the district court that its injunction was proper under the "necessary in aid of its jurisdiction” exception, we offer no opinion on whether any other exceptions to the Anti-Injunction Act might apply.
. In fact, the district court’s disagreement with the Nevada state court's interpretation of state law was ultimately irrelevant to the district court’s decision because the district court found that a state statute cannot strip a federal court of exclusive jurisdiction over an in ram action.
