United States of America v. Walker River Irrigation

Filing 1593

ORDER granting ECF No. 1592 Stipulation. See order pdf for further details. Signed by Judge Miranda M. Du on 6/25/2019. (Copies have been distributed pursuant to the NEF - LH)

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KAREN A. PETERSON, ESQ.
Nevada State Bar No. 366
ALLISON MacKENZIE, LTD.
402 North Division Street
Carson City, NV 89703
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for the UNITED STATES BOARD
OF WATER COMMISSIONERS and
CHIEF DEPUTY WATER COMMISSIONER/
WATER MASTER

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ALLISON MacKENZIE, 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

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,

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Plaintiff,

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In Equity No. C -125

WALKER RIVER PAIUTE TRIBE,

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3:73-CV-00125-MMD-WGC

Plaintiff-Intervenor,
vs.
WALKER RIVER IRRIGATION DISTRICT,
a corporation, et al.,
Defendants.
/
STIPULATION TO RESOLVE THE UNITED STATES BOARD OF WATER
COMMISSIONERS’ AND WATER MASTER’S
REQUEST FOR SPECIAL ASSESSMENT AND WALKER BASIN CONSERVANCY’S
OBJECTION TO SPECIAL ASSESSMENT AND ORDER

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The UNITED STATES BOARD OF WATER COMMISSIONERS and CHIEF DEPUTY

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WATER COMMISSIONER/WATER MASTER (“Water Master” and collectively the “Board”), by

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and through their attorneys, ALLISON MacKENZIE, LTD. and the WALKER BASIN

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CONSERVANCY (the “Conservancy”) by and through its attorneys, WOLF, RIFKIN, SHAPIRO,

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SCHULMAN & RABKIN, LLP, stipulate to resolve the Board’s request to levy a special assessment

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for the 2019–2020 fiscal period for the administration of Program Water as contained in the Board’s

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Report and Petition for Approval of Budget and Approval of Rate of Assessment and Special

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Assessment for the Year July 1, 2019 Through June 30, 2020, and for Approval of the Audit Report

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for the Year Ended June 30, 2018 (“Petition”) (Doc. 1551) and the Objection of Walker Basin

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Conservancy to Petition for Approval of Special Assessment (Doc. 1575) as follows:

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1.

In consideration of the above-referenced parties entering into this Stipulation, the

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Board has withdrawn its request for a special assessment for the administration of

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Program Water as contained in the Board’s Petition (Doc. 1551).

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2.

The Conservancy agrees to order its instream flow water rights for Permit 80700

ALLISON MacKENZIE, 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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(“Program Water”) on a daily basis when in priority in accordance with the Board’s

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Plan of Distribution, namely by placing daily orders for the permitted Program Water

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in priority with the Walker River Irrigation District, which will relay orders for

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Program Water to the Water Master along with daily orders for irrigation water.

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3.

The Water Master shall keep track of her time to administer the Conservancy’s

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Program Water from the Yerington Weir to the Wabuska Gage for the 2019 irrigation

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season. The Board and the Conservancy reserve their respective rights and positions

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regarding any future request by the Board for a special assessment or reimbursement

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based upon special and additional administration, if any, of Program Water from the

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Yerington Weir to the Wabuska Gage.

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4.

The Conservancy agrees to reimburse the Board for its reasonable legal and

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engineering costs incurred to review one or more proposed Orders modifying the

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Walker River Decree to be submitted to the District Court after any final order of the

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District Court granting a petition to approve Nevada State Engineer decisions or

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orders approving the Conservancy’s pending instream flow water rights change

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application numbers 88160, 88161 and 88162.

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5.

The Board shall periodically provide the Conservancy with an invoice of the legal

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and engineering costs incurred pursuant to paragraph 4, above, which invoice shall be

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due and payable within 30 days of receipt of the invoice.

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6.

The Conservancy shall provide the Board with any dispute regarding an invoice

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within 15 days of receipt of the invoice. If the invoice dispute cannot be resolved,

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either party hereto may seek relief of the Court to resolve the dispute.

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7.

The terms of the stipulation shall not be binding on any other parties to the Walker

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River Decree or to any other users of water subject to the Walker River Decree. The

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terms of this stipulation only apply to the Board’s request to levy a special assessment

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for the 2019-2020 fiscal period for the administration of Program Water, and the

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terms of this stipulation shall not be construed as setting a precedent for the matters

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agreed to herein by the parties to the stipulation for any future change applications by

ALLISON MacKENZIE, 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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any water user.

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The undersigned counsel hereby certify in accordance with Local Rule 7-2(f), the foregoing

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Stipulation and [Proposed] Order was served on the principal parties participating at the June 3, 2019

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hearing and further certify said principal parties approved the proposed Stipulation and [Proposed]

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Order.

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Dated: June 24, 2019

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By: /s/ Karen A. Peterson____________
Karen A. Peterson, Esq.
Nevada State Bar No. 366
ALLISON MacKENZIE, LTD.
402 North Division Street
Carson City, Nevada 89703
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for United States Board of Water
Commissioners and Chief Deputy Water
Commissioner/Water Master

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Dated: June 24, 2019

By: /s/ Christopher w. Mixson____________
Christopher W. Mixson, Esq.
Nevada State Bar No. 10685
WOLF, RIFKIN, SHAPIRO,
SCHULMAN & RABKIN, LLP
5594-B Longley Lane
Reno, Nevada 89511
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Walker Basin Conservancy

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ORDER

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THE STIPULATION TO RESOLVE THE UNITED STATES BOARD OF WATER

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COMMISSIONERS’ AND WATER MASTER’S REQUEST FOR SPECIAL ASSESSMENT

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AND WALKER BASIN CONSERVANCY’S OBJECTION TO SPECIAL ASSESSMENT IS

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APPROVED AND IT IS SO ORDERED.

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Dated: June 25, 2019.
UNITED STATES DISTRICT JUDGE

ALLISON MacKENZIE, 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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CERTIFICATE OF SERVICE

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I hereby certify that I am an employee of ALLISON MacKENZIE, LTD., and that I
electronically filed the foregoing document with the Clerk of the Court by using the CM/ECF
system, and that service will be accomplished on all counsel and persons requesting notice by the
Court CM/ECF system, which will send notification of such filing to their email addresses.

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ALLISON MacKENZIE, 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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And further I certify that I also served a copy of the foregoing document on the following
non-CM/ECF participants by U.S. Mail, postage prepaid:
Bryan Bowker
U.S. Department of the Interior
Bureau of Indian Affairs – Western Region
Division of Natural Resources, MS-460
2600 North Central Avenue, 4th Floor
Phoenix, AZ 85004
Walker River Irrigation District
P.O. Box 820
Yerington, NV 89447

Tim Wilson, P.E.
Dept. of Conservation & Natural Resources
Division of Water Resources
901 South Stewart Street #2002
Carson City, NV 89701
California Water Resources Department
1416 Ninth Street
Sacramento, CA 95814

Bradley Crowell, Director
Dept. of Conservation & Natural Resources
State of Nevada
901 South Stewart Street #1003
Carson City, NV 89701

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DATED this 24th day of June, 2019.

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/s/ Nancy Fontenot
NANCY FONTENOT

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4848-8951-2344, v. 1

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