United States of America v. Walker River Irrigation

Filing 1063

CORRECTED ORDER MODIFYING DECREE re 1060 Order Modifying Decree; 1061 / 1062 Submission of proposed order. Signed by Judge Howard D. McKibben on 2/1/2012. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ALLISON, MacKENZIE, PAVLAKIS, WRIGHT & FAGAN, LTD.
402 North Division Street, P.O. Box 646, Carson City, NV 89702
Telephone: [phone] Fax: [phone]
E-Mail Address: [e-mail]

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UNITED STATES OF AMERICA,

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Plaintiff,

vs.
WALKER RIVER IRRIGATION
DISTRICT, a corporation, et al;
Defendant.

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CORRECTED
ORDER MODIFYING DECREE

Intervenor-Plaintiff,

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In Equity No. C-125

WALKER RIVER PAIUTE TRIBE,

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3:73-cv-00125-ECR-WGC

In the Matter of:
PERMIT 79000 - JERRY ROBERT
and DEBRA DEAN ROSSE,

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Petitioners.
/

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The Petitioners, JERRY ROBERT and DEBRA DEAN ROSSE, filed herewith their Petition
for Approval of Modification of the Walker River Decree herein on November 17, 2011.

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Petitioners filed Application No. 79000 with the Nevada State Engineer on November 2,

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2009, which Application sought to change the point of diversion and place of use for a portion of

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Claim No. 173 of this Court’s Final Decree dated April 29, 1940 in the above entitled action.

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The Nevada State Engineer sent special notices and request for publications in accordance

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with the Administrative Rules and Regulations of the U.S. Board of Water Commissioners.

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Publications of notice of Application No. 79000 were duly made in the Mason Valley Times, Record

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Courier and the Mammoth Times, as required by such Administrative Rules and Regulations.

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No protests were lodged by any party to the granting of Application No. 79000.

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On December 21, 2011, this Court entered its Order Setting Hearing on the Petition for

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Approval of Modification of Walker River Decree.
The Nevada State Engineer’s entire record of proceedings under Application No. 79000 was
served upon all parties hereto.

ALLISON, MacKENZIE, PAVLAKIS, WRIGHT & FAGAN, LTD.
402 North Division Street, P.O. Box 646, Carson City, NV 89702
Telephone: [phone] Fax: [phone]
E-Mail Address: [e-mail]

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Claim No. 173 of this Court's Final Decree reads as follows:

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Stream

Year of
relative
priority

Amount
in cubic
feet per
second

No. of
Acres
irrigated

Desert
Creek

1860
1864

4.0
5.30

250
330

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Description of Land

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W½ of SW¼ , Sec. 16; All of Sec. 17;
NE¼, N½ of SE¼, Sec. 18; E½ of
NE¼ , NW¼, N½ of NE¼, Sec. 19;
NE¼ of SE¼, Sec. 20, NW¼ of
SW¼, Sec. 21; T. 10N., R. 24 E.

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NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the

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said Decree is modified as follows:
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That a portion of that certain right set forth in Claim No. 173 of the Decree on page

49 under the name of Pacific Coast Joint Stock Land Bank, be modified as follows:

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delivery of water is hereby changed from:

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SW1/4 NE1/4, SE1/4 NE1/4 SECTION 18, T.10 N., R.24 E., M.D.M.

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8.62 ACRES
11.38 ACRES
20.00 ACRES

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to:

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NE1/4 NW1/4, SE1/4 NW1/4, NE ¼ SW1/4 OF SECTION 8, T.9 N.,
R.24 E., M.D.M.

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8.62 ACRES
11.38 ACRES
20.00 ACRES

PRIORITY 1860
PRIORITY 1864

PRIORITY 1860
PRIORITY 1864

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.140 cfs
.180 cfs
.320 cfs

.140 cfs
.180 cfs
.320 cfs

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2.

The new point of diversion shall be noted on the Final Decree as: NE¼ SW¼ of

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Section 8, T.9N, R.24E, M.D.M., from which the West ¼ corner of said Section 8 bears N 5019’23”

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W, a distance of 1,821.30.

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3.

The approved Application No. 79000 was duly served on all parties hereto as Exhibit

“A” attached to the Petition for Approval of Modification of the Walker River Decree.
This modification of Decree shall be deemed not to affect the rights other than that portion of

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Claim No. 173 set forth above or the rights of any other parties.

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February
DATED this 1st day of _____________, 2012.
____

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ALLISON, MacKENZIE, PAVLAKIS, WRIGHT & FAGAN, LTD.
402 North Division Street, P.O. Box 646, Carson City, NV 89702
Telephone: [phone] Fax: [phone]
E-Mail Address: [e-mail]

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UNITED STATES DISTRICT COURT JUDGE
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