United States of America v. Walker River Irrigation

Filing 1745

ORDER TEMPORARILY MODIFYING WALKER RIVER DECREE RE PERMIT NO. 90920-T as detailed herein - Signed by Chief Judge Miranda M. Du on 9/30/2022. (Copies have been distributed pursuant to the NEF - CJS)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

UNITED STATES OF AMERICA,

4

Plaintiff,

5

WALKER RIVER PAIUTE TRIBE,
Plaintiff - Intervenor.

6
7
8
9
10
11

v.

IN EQUITY NO. C-125
CASE NO: 3:73-CV-00125-MMD-CSD

ORDER TEMPORARILY
MODIFYING WALKER RIVER
DECREE RE PERMIT NO. 90920-T

WALKER RIVER IRRIGATION
DISTRICT, a corporation, et al.,
Defendants.
The Walker River Decree is hereby temporarily modified in accordance with Permit

12

No. 90920-T issued by the Nevada State Engineer on February 24, 2022.

13

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

14

as set forth in Nevada State Engineer Permit No. 90920-T, the Walker River Decree is

15

hereby modified to reflect the temporary changes in the manner of use and place of use to

16

instream flow for wildlife purposes in the Walker River and Walker Lake of Decreed water

17

right Claim Nos. 41 and 229. This modification does not make any changes to the listed

18

owner of the water rights claims, or any portions thereof, as set forth in the Walker River

19

Decree, even though the ownership of the water rights claims has changed since the entry

20

of this Decree.

21
22

Claim 41/229, Fallon, Ira, Successor to Mrs. Sarah Jane Rallens, et al., portion
changed to instream flows for wildlife purposes.

23

As set forth in Permit No. 90920-T, the portion of water right Claim 41/229 in the

24

table below shall be administered by the Water Master when in priority as shown in the

25

second column (year of priority) and third column (amount at point of non-diversion) of the

26

table. Thereafter, the Water Master shall administer and protect from diversion by others

27

at and downstream of the point of non-diversion the consumptive use portion, being 3.10

28

acre-feet per acre, which has been converted to flow measured in cubic feet per second as

1

1

shown in the fourth column (amount of consumptive use). At the Wabuska Gage, said

2

changed water right shall be administered in the Walker River and Weber Reservoir

3

through the Walker River Paiute Tribe reservation pursuant to the Lower Walker River

4

Conveyance Protocols, all as more fully set forth in Nevada State Engineer Ruling No. 6271,

5

the 2018 Ninth Circuit Decision and the terms of Permit No. 80700. The non-consumptive

6

use portion of the water rights shall be administered by the Water Master in her or his

7

discretion pursuant to the Walker River Decree and the 1953 Rules and Regulations for

8

the Distribution of Water on the Walker River Stream System, including to avoid conflict

9

with and injury to existing water rights at and downstream of the point of non-diversion

10

and to mitigate hydrologic system losses, from the point of non-diversion to the point or

11

points where the non-consumptive use portion historically returned to the Walker River

12

upstream of the Wabuska Gage.

13
14
15
16
17

Stream

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

Description of Place of Use

Walker River from the Point of Non-Diversion,
Walker

1874

6.410

1.462

229.17

through USGS Wabuska Gage, then through

River

1880

1.540

0.819

128.35

Weber Reservoir into and including Walker Lake.

18
19

IT IS FURTHER ORDERED, ADJUDGED AND DECREED

20

That Permit No. 90920-T shall be administered in exactly the same fashion as the

21

Walker Basin Conservancy’s previously approved Permit Nos. 80700 and 88160–88162

22

using the Wabuska and Yerington Weir Gages and no special fees or costs may be assessed

23

against NDOW for its administration.

24

IT IS SO ORDERED.

25

30thday of
DATED this ____

September

2022.

26
27
28

DISTRICT COURT JUDGE

2