United States of America v. Walker River Irrigation

Filing 1657

ORDER granting ECF No. 1639 Motion to Modify Walker River Decree to Conform with Nevada State Engineer Instream Flow Water Rights Permit Nos. 88160, 88161 and 88162. Signed by Chief Judge Miranda M. Du on 11/30/2020. (Copies have been distributed pursuant to the NEF - LW)

Case 3:73-cv-00125-MMD-WGC Document 1657 Filed 11/30/20 Page 1 of 4

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 UNITED STATES OF AMERICA, et al.,

IN EQUITY NO.C-125

4

CASE NO.: 3-73-CV-00125-MMD-WGC

5

Plaintiffs,
vs.

6 WALKER RIVER IRRIGATION DISTRICT,
et al.,
7
Defendants.
8

ORDER MODIFYING WALKER RIVER
DECREE TO CONFORM WITH
NEVADA STATE ENGINEER
INSTREAM FLOW WATER RIGHTS
PERMIT NOS. 88160, 88161 AND 88162

9
10

The Walker River Decree is hereby amended in Accordance with Nevada State Engineer

11 instream flow water rights Permit Nos. 88160, 88161 and 88162.
12

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

13 that the following water rights, or portions thereof, under the Walker River Decree, entered herein
14 on April 15, 1936, as modified April 24, 1940, are hereby amended to reflect changes in the
15 manner of use and place of use from irrigation use to instream flow for wildlife purposes in the
16 Walker River and Walker Lake. This modification does not make any changes to the listed owner
17 of the water rights claims, or any portions thereof, as set forth in the Walker River Decree, even
18 though the ownership of the water rights claims has changed since the entry of this Decree. The
19 portions of the claims that were not modified by Permit Nos. 88160, 88161 and 88162, and which
20 therefore retain their current manner of use, place of use, and point of diversion and are not
21 modified by this Order.
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23 / / /
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25 / / /
26 / / /
27 / / /
28 / / /

Case 3:73-cv-00125-MMD-WGC Document 1657 Filed 11/30/20 Page 2 of 4

1 Claim 66, Grulli, A. and M., Successor to Pacific Livestock Company, portion changed to
instream flows for wildlife purposes,
2
The portion of water right Claim 66 in the first table below shall be administered by the Water
3 Master at the point of non-diversion as set forth in Permit No. 88160 when in priority, as shown in
the second column (year of priority) and third column (amount at point of non-diversion) of the
4 table. Thereafter, the Water Master shall administer and protect from diversion by others at and
downstream of the point of non-diversion the consumptive use portion, being 3.10 acre-feet per
5 acre, which has been converted to flow measured in cubic feet per second as shown in the fourth
column (amount of consumptive use). At the Wabuska Gage, said changed water right shall be
6 administered in the Walker River and Weber Reservoir through the Walker River Paiute Tribe
reservation pursuant to the Lower Walker River Conveyance Protocols, all as more fully set forth
7 in Nevada State Engineer Ruling No. 6271, the 2018 Ninth Circuit Decision, and the terms of
Permit No. 88160. The non-consumptive use portion of the water rights shall be administered by
8 the Water Master in her or his discretion pursuant to the Walker River Decree and the 1953 Rules
and Regulations for the Distribution of Water on the Walker River Stream System, including to
9 avoid conflict with and injury to existing water rights at and downstream of the point of nondiversion and to mitigate hydrologic system losses, from the point of non-diversion to the point or
10 points where the non-consumptive use portion historically returned to the Walker River upstream
of the Wabuska Gage.
11
12
13

Stream

14

Walker
River

15
16
17
18

Year of
Relative
Priority

Amount
at Point of
NonDiversion
(in c.f.s. )

Amount of
Consumptive
Use
(in c.f.s.)

No. of
Acres
Formerly
Irrigated

1864
1865
1870
1875
1880
1885
1890
1895
1900
1905

0.145
0.058
0.221
0.453
0.608
0.387
0.270
0.180
0.348
0.464

0.077
0.031
0.117
0.241
0.323
0.205
0.144
0.096
0.185
0.247

12.09
4.84
18.38
37.73
50.69
32.22
22.54
14.99
29.02
38.70

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20
21
22
23
24
25
26
27

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2

Description of Place of Use

Walker River from the Point of NonDiversion, through USGS Wabuska Gage,
then through Weber Reservoir into and
including Walker Lake.

Case 3:73-cv-00125-MMD-WGC Document 1657 Filed 11/30/20 Page 3 of 4

1 Claim 138, Sciarini, A. and S. and M. D’Andrea, Successors to Pacific Livestock Company,
portion changed to instream flows for wildlife purposes,
2
The portion of water right Claim 138 in the first table below shall be administered by the Water
3 Master at the point of non-diversion as set forth in Permit No. 88161 when in priority, as shown in
the second column (year of priority) and third column (amount at point of non-diversion) of the
4 table. Thereafter, the Water Master shall administer and protect from diversion by others at and
downstream of the point of non-diversion the consumptive use portion, being 3.10 acre-feet per
5 acre, which has been converted to flow measured in cubic feet per second as shown in the fourth
column (amount of consumptive use). At the Wabuska Gage, said changed water right shall be
6 administered in the Walker River and Weber Reservoir through the Walker River Paiute Tribe
reservation pursuant to the Lower Walker River Conveyance Protocols, all as more fully set forth
7 in Nevada State Engineer Ruling No. 6271, the 2018 Ninth Circuit Decision and the terms of
Permit No. 88161. The non-consumptive use portion of the water rights shall be administered by
8 the Water Master in her or his discretion pursuant to the Walker River Decree and the 1953 Rules
and Regulations for the Distribution of Water on the Walker River Stream System, including to
9 avoid conflict with and injury to existing water rights at and downstream of the point of nondiversion and to mitigate hydrologic system losses, from the point of non-diversion to the point or
10 points where the non-consumptive use portion historically returned to the Walker River upstream
of the Wabuska Gage.
11
12
13

Stream

14

Walker
River

15
16
17
18

Year of
Relative
Priority

Amount at
Point of
NonDiversion
(in c.f.s. )

Amount of
Consumptive
Use
(in c.f.s.)

No. of Acres
Formerly
Irrigated

1864
1865
1870
1875
1880
1885
1890
1895
1900
1905

0.429
0.170
0.651
1.336
1.796
1.141
0.798
0.531
1.029
1.369

0.228
0.090
0.346
0.710
0.955
0.606
0.424
0.282
0.547
0.727

35.79
14.15
54.27
111.30
149.69
95.06
66.54
44.25
85.73
114.06

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20 / / /
21 / / /
22 / / /
23 / / /
24 / / /
25 / / /
26 / / /
27 / / /
28 / / /
3

Description of Place of Use

Walker River from the Point of NonDiversion, through USGS Wabuska
Gage, then through Weber Reservoir
into and including Walker Lake.

Case 3:73-cv-00125-MMD-WGC Document 1657 Filed 11/30/20 Page 4 of 4

1 Claim 145, Silva, A.B., Successor to Pacific Livestock Company, portion changed to instream
flows for wildlife purposes,
2
The entirety of water right Claim 145 shall be administered by the Water Master at the point of
3 non-diversion as set forth in Permit No. 88162 when in priority, as shown in the second column
(year of priority) and third column (amount at point of non-diversion) of the table below.
4 Thereafter, the Water Master shall administer and protect from diversion by others at and
downstream of the point of non-diversion the consumptive use portion, being 3.10 acre-feet per
5 acre, which has been converted to flow measured in cubic feet per second as shown in the fourth
column (amount of consumptive use) of the table below. At the Wabuska Gage, said changed
6 water right shall be administered in the Walker River and Weber Reservoir through the Walker
River Paiute Tribe reservation pursuant to the Lower Walker River Conveyance Protocols, all as
7 more fully set forth in Nevada State Engineer Ruling No. 6271, the 2018 Ninth Circuit Decision
and the terms of Permit No. 88162. The non-consumptive use portion of the water rights shall be
8 administered by the Water Master in her or his discretion pursuant to the Walker River Decree and
the 1953 Rules and Regulations for the Distribution of Water on the Walker River Stream System,
9 including to avoid conflict with and injury to existing water rights at and downstream of the point
of non-diversion and to mitigate hydrologic system losses, from the point of non-diversion to the
10 point or points where the non-consumptive use portion historically returned to the Walker River
upstream of the Wabuska Gage.
11
12
13

Stream

14

Walker
River

15
16
17
18

Year of
Relative
Priority

Amount at
Point of
NonDiversion
(in c.f.s. )

Amount of
Consumptive
Use
(in c.f.s.)

No. of
Acres
Formerly
Irrigated

1864
1865
1870
1875
1880
1885
1890
1895
1900
1905

0.152
0.061
0.232
0.477
0.640
0.407
0.284
0.190
0.367
0.490

0.083
0.032
0.121
0.255
0.338
0.217
0.153
0.102
0.198
0.261

13.00
5.00
19.00
40.00
53.00
34.00
24.00
16.00
31.00
41.00

Description of Place of Use

Walker River from the Point of NonDiversion, through USGS Wabuska
Gage, then through Weber Reservoir into
and including Walker Lake.

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25

IT IS SO ORDERED.
Dated: November 30, 2020
District Court Judge

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