United States of America v. Walker River Irrigation

Filing 1538

ORDER TEMPORARILY MODIFYING WALKER RIVER DECREE (see Order for specifics). Signed by Judge Miranda M. Du on 11/7/2018. (Copies have been distributed pursuant to the NEF - LH)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,

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Plaintiff,
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WALKER RIVER PAIUTE TRIBE,
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Plaintiff-Intervenor,
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vs.
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WALKER RIVER IRRIGATION DISTRICT, )
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a corporation, et al.
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Defendants.
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In Equity No. C-125
CV-N-73-125-MMD-WGC

ORDER TEMPORARILY MODIFYING
WALKER RIVER DECREE

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Pursuant to the Order on Mandate (ECF #1516) and the Order of July 20, 2018 (ECF
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#1517), the Petition of Walker River Irrigation District for Temporary Modification of the

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Walker River Decree in Accordance With the Report of the California State Water Resources

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Control Board as Special Master (ECF #1249) has been granted.

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NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as
follows:
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Paragraph VIII of the Final Decree entered herein on April 15, 1936, as

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modified April 24, 1940, is temporarily amended by adding the following sentence at the end
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thereof:

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“To the extent that owners of any such lands have elected to participate in the
Walker River Irrigation District’s Stored Water Program as defined,
described and conditioned in the Order Approving Temporary Changes (ECF
#1248-2) and in the Order Denying Reconsideration and Modifying the
Division’s Order Conditionally approving the Petitions (ECF #1248-14), the
Walker River Irrigation District may release up to a combined total of 25,000
acre feet of such water so stored in said reservoirs, in the case of Bridgeport
Reservoir, from the outlet of said reservoir, including the East Walker River
to the confluence of the Walker River and the Walker River to and
encompassing Walker Lake, and in the case of Topaz Reservoir from the
outlet of said reservoir, including the West Walker River to the confluence of
the Walker River and the Walker River to and encompassing Walker Lake,
for purposes of fish and wildlife preservation and enhancement.”

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2.

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This temporary modification of paragraph VIII of said Decree is subject to and

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conditioned on compliance with the provisions of the California State Water Resources

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Control Board’s Report as Special Master filed herein on June 2, 2014 (ECF #1248-1; #1248-

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2; #1248-14).
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3.

This temporary modification of paragraph VIII of the Walker River Decree

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will terminate when the temporary changes provided for in the Order of the California State

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Water Resources Control Board expire as provided in paragraph 1 of that Order (ECF #1248-

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2), and upon such termination, the sentence added above to the end of paragraph VIII be, and

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hereby is, ipso facto deleted from paragraph VIII without any further action by the Court.

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7th
Dated this ____ day of November

, 2018

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By:

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United States District Judge

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