IN EQUITY C-125-B: UNITED STATES OF AMERICA V. WALKER RIVER IRRIGATION, ET AL.

Filing 2707

ORDER CONTINUING THE STAY REGARDING DISCOVERY AND MOTION SCHEDULE re ECF No. 2706 Stipulation. (90-day stay report due 12/21/2022.) Signed by Magistrate Judge Craig S. Denney on 9/16/2022. (Copies have been distributed pursuant to the NEF - CJS) (Walker River Water Case Display Page) Modified on 9/16/2022 to reflect electronic notice only per chambers (CJS).

Case 3:73-cv-00127-MMD-CSD Document 2707 Filed 09/16/22 Page 1 of 5

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Wes Williams, Jr.
Nevada Bar #6864
Law Offices of Wes Williams, Jr., P.C.
3119 Lake Pasture Rd.
P.O. Box 100
Schurz, Nevada 89427
Phone: [phone]
E-mail: [e-mail]

Todd Kim
Assistant Attorney General
Environment & Natural Resources Division
United States Department of Justice
Guss Guarino / Marisa J. Hazell
Trial Attorneys, Indian Resources Section
999 18th Street, South Terrace, Suite 370
Denver, Colorado 80202
Office: 303-844-1343 Fax: [phone]
E-mail: [e-mail]
and
P.O. Box 7611
Washington, D.C. 20044
Office: 202-307-2291
Fax: [phone]
E-mail: [e-mail]

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Alice E. Walker
Gregg H. DeBie
Meyer, Walker & Walker, P.C.
1007 Pearl Street, Suite 220
Boulder, Colorado 80302
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]

David L. Negri
Trial Attorney, Natural Resources Section
c/o US Attorney’s Office
800 Park Blvd., Suite 600
Boise, Idaho 83712
Tel: [phone]; Fax: [phone]
E-mail: [e-mail]

Attorneys for the Walker River Paiute
Tribe

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Attorneys for the United States

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,
Plaintiff,
WALKER RIVER PAIUTE TRIBE
Plaintiff-Intervernor,

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v.

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WALKER RIVER IRRIGATION DISTRICT,
a corporation, et al.,

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Defendants.
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IN EQUITY NO. C-127
3:73-cv-00127-MMD-CSD
STIPULATION AND ORDER
CONTINUING THE STAY REGARDING
DISCOVERY AND MOTION SCHEDULE

Case 3:73-cv-00127-MMD-CSD Document 2707 Filed 09/16/22 Page 2 of 5

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1. On June 23, 2022, the Plaintiffs and Principal Defendants (“Parties”) requested of the

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Court a 90-day stay of the Scheduling Order1 and obligations outlined therein to give the

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Parties the opportunity to resolve the Tribe’s outstanding water right claims by

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agreement. Stipulation and [Proposed] Order Staying the Order Regarding Discovery

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and Motion Schedule (ECF No. 2701) (“Stipulation”).

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2. On June 24, 2022 the Court granted the Parties request. Order Staying the Order
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Regarding Discovery and Motion Schedule (ECF No. 2702) (“Stay Order”).

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3. In the Stay Order, the Court directed the Parties as follows: “Within seven (7) days before

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the expiration of any stay granted, the Parties will inform the Court either that additional

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time is needed to achieve a settlement agreement or that settlement will not be possible.

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In either case, the Parties will seek additional relief from the Court accordingly as needed

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and as contemplated by paragraphs 14 and 16 of the Scheduling Order.” Stay Order at 4.

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4. Since June 24, 2022, the Parties have substantively and productively engaged in

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meetings, discussions, consultations, and correspondence to pursue an agreement

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between the Parties that would resolve the Tribe’s outstanding water right claims. This

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activity was consistent with the extensive internal and external consultation previously

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contemplated by the Parties and the Court. See Stipulation at 3 ¶11.

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5. Although the Parties have not yet reached a final agreement to resolve the Tribe’s

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outstanding water right claims, the Parties have made substantial progress on a number

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of substantive issues. The Parties believe that additional meetings, discussions,

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Order Regarding Discovery and Motion Schedule and Procedure (ECF No. 2611).

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Case 3:73-cv-00127-MMD-CSD Document 2707 Filed 09/16/22 Page 3 of 5

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consultations, and correspondence would be beneficial and productive to developing

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such an agreement between the Parties that would resolve the Tribe’s outstanding water

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right claims.

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6. Accordingly, the Parties believe that a second 90-day stay of the Scheduling Order is

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justified and would be beneficial and productive to developing an agreement between the

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Parties that would resolve the Tribe’s outstanding water right claims.

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NOW, THEREFORE, pursuant to the Stay Order, the Parties hereby stipulate and agree

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as follows:
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1. The Scheduling Order and obligations outlined therein should be stayed for a second

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90-day period to give the Parties the opportunity to resolve the Tribe’s outstanding water right

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claims by agreement.

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2. Within seven (7) days before the expiration of any stay granted, the Parties will inform

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the Court either that additional time is needed to achieve a settlement agreement or that

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settlement will not be possible. In either case, the Parties will seek additional relief from the

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Court accordingly as needed and as contemplated by paragraphs 14 and 16 of the Scheduling

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Order.

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Case 3:73-cv-00127-MMD-CSD Document 2707 Filed 09/16/22 Page 4 of 5

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Dated: September 15, 2022
WOODBURN AND WEDGE
By:
/ s / Gordon H. DePaoli
(per authorization)
Gordon H. DePaoli
Nevada Bar No. 195
6100 Neil Road, Suite 500
Reno, Nevada 89511
Attorneys for Walker River Irrigation
District

U.S. DEPARTMENT OF JUSTICE
By:
/ s / Guss Guarino
Guss Guarino, Trial Attorney
Marisa J. Hazell, Trial Attorney
Environment and Natural Resources Div.
999 18th Street, Suite 370
Denver, Colorado 80202
David L. Negri
Trial Attorney, Natural Resources Section
c/o U.S. Attorney’s Office
800 Park Boulevard, Suite 600
Boise, Idaho 83712
Attorneys for United States of America

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LAW OFFICES OF WES WILLIAMS, JR.,
P.C.
By:
/ s / Wes Williams, Jr.
(per authorization)
Wes Williams, Jr., NSB 6864
3119 Lake Pasture Rd.
P.O. Box 100
Schurz, Nevada 89427

BEST BEST & KRIEGER
By:

/ s / Roderick E. Walston
(per authorization)
Roderick E. Walston
2001 N. Main Street, Suite 390
Walnut Creek, California 94596
Attorney for Centennial Livestock and Lyon
County

MEYER, WALKER & WALKER, P.C.

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By:

/ s / Alice E. Walker
(per authorization)
Alice E. Walker
1007 Pearl Street, Suite 220
Boulder, Colorado 80302
Attorneys for Walker River Paiute Tribe

Jerry Snyder, NSB 6830
429 W. Plumb Lane
Reno, Nevada 89509
Attorney for Lyon County

OFFICE OF THE ATTORNEY GENERAL
OF CALIFORNIA
By:
/ s / Nhu Q. Nguyen
(per authorization)
Nhu Q. Nguyen, NSB 7844
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, California 94244-2550
Attorneys for California State Agencies

THE COUNTY OF MONO (CA)
By:
/ s / Stacey Simon
(per authorization)
Stacey Simon, County Counsel
Emily Fox, Dep. County Counsel
P.O. Box 2415A
Mammoth Lakes, California 93546-2415
Attorneys for Mono County

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Case 3:73-cv-00127-MMD-CSD Document 2707 Filed 09/16/22 Page 5 of 5

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STATE OF NEVADA OFFICE OF THE
ATTORNEY GENERAL

SIMONS HALL JOHNSTON PC
By:
/ s / Brad M. Johnston
(per authorization)
Brad M. Johnston, NSB 8515
22 State Route 208
Yerington, Nevada 89447
Attorneys for Desert Pearl Farms, Peri
Family Ranch, LLC, Peri & Peri LLC, and
Frade Ranches

By:

/ s / Anthony J. Walsh
(per authorization)
Anthony J. Walsh, NSB 14128
Deputy Attorney General
100 N. Carson Street
Carson City, Nevada 89701-4717
Attorneys for Nevada Department of Wildlife

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ORDER

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September 16
Dated: _____________,
2022.

IT IS SO ORDERED.

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_______________________________
United States Magistrate Judge

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