United States of America v. Walker River Irrigation

Filing 1719

ORDER Modifying Walker River Decree to Conform with Nevada State Engineer Instream Flow Water Rights Permit No. 90690; re ECF No. 1699 Motion, Signed by Chief Judge Miranda M. Du on 4/12/2022. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 UNITED STATES OF AMERICA, et al.,

IN EQUITY NO.C-125

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

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Plaintiffs,
vs.

6 WALKER RIVER IRRIGATION DISTRICT,
et al.,
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Defendants.
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ORDER MODIFYING WALKER RIVER
DECREE TO CONFORM WITH
NEVADA STATE ENGINEER
INSTREAM FLOW WATER RIGHTS
PERMIT NO. 90690

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

11 instream flow water rights Permit No. 90690.
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NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED

13 that the following water rights under the Walker River Decree, entered herein on April 15, 1936,
14 as modified April 24, 1940, are hereby amended to reflect changes in the manner of use and place
15 of use from irrigation use to instream flow for wildlife purposes in the Walker River and Walker
16 Lake. This modification does not make any changes to the listed owner of the water rights claims,
17 or any portions thereof, as set forth in the Walker River Decree, even though the ownership of the
18 water rights claims has changed since the entry of this Decree.
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1 Claim 154, Tamagni, Anton and Son, Successors to Pacific Livestock Company, portion changed
to instream flows for wildlife purposes,
2
The entirety of water right Claim 154 shall be administered by the Water Master at the point of
3 non-diversion as set forth in Permit No. 90690 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). 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. 90690. 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.
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Stream

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Walker
River

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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

0.458
0.183
0.697
1.430
1.921
1.220
0.854
0.568
1.100
1.467

0.242
0.096
0.370
0.759
1.021
0.651
0.453
0.300
0.587
0.778

38
15
58
119
160
102
71
47
92
122

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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IT IS SO ORDERED.
Dated: 4/12/2022

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District Court Judge
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