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

Filing 2738

ORDER granting 2737 Stipulation to Stay Litigation and set a Scheduling Conference : The litigation schedule is stayed indefinitely so that the parties may present, and obtain the Court's approval of, the Final Stipulation regarding water rights claims made by and on behalf of the Tribe ; and The Court will schedule a Scheduling Conference in the near future at a date and time convenient for the Court and the Parties to address the Court on the items identified herein. Signed by Magistrate Judge Craig S. Denney on 5/9/2024. (Copies have been distributed pursuant to the NEF - DRM) (Walker River Water Case Display Page)

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GORDON H. DEPAOLI, NSB #195
DALE E. FERGUSON, NSB #4986
DOMENICO R. DePAOLI, NSB #11553
Woodburn and Wedge
6100 Neil Road, Suite 500
Reno, Nevada 89511
Telephone: [phone]
Email: [e-mail]
Attorneys for Walker River Irrigation District

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,

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Plaintiff,
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WALKER RIVER PAIUTE TRIBE,
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Plaintiff-Intervenor,
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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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)

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IN EQUITY NO. C-127
3:73-cv-00127-MMD-CSD

STIPULATION,
JOINT REQUEST AND
ORDER FOR A
SCHEDULING CONFERENCE
AND STAY OF LITIGATION

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1.

On June 23, 2022, the Plaintiffs and Principal Defendants (collectively, the

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“Parties”) requested a 90-day stay of the Scheduling Order1 and obligations outlined therein to

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give the 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 and

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Motion Schedule (ECF No. 2701).

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2.

On June 24, 2022 the Court granted the Parties’ request. Order Staying the Order

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

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Regarding Discovery and Motion Schedule (ECF No. 2702) (“Stay Order”).
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Since granting that first Stay Order, the Plaintiffs and Principal Defendants Walker

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River Irrigation District and Nevada Department of Wildlife (the “Negotiating Parties”) have

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sought, and the Court has granted, additional 90-day stay orders, including an Eighth Stay Order.

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See, ECF 2707; 2714; 2719; 2726; 2730; 2732; and 2734.

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4.

Since the Eighth Stay Order, the Negotiating Parties have continued work to secure

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all approvals from the Negotiating Parties of the terms and provisions of an anticipated final

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stipulation that would resolve the water rights claims made by the Tribe.

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5.

The Negotiating Parties can now inform the Court that sufficient final approval

has been secured to advance the anticipated Final Stipulation for approval by the Court.
6.

Since final approval has been secured, the Negotiating Parties have further

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discussed when and how to present the Final Stipulation for the Court’s consideration and

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approval. The Negotiating Parties believe that such presentation can be accomplished through a

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motion and proposed order, followed by responses and replies. The Negotiating Parties also

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recognize that litigation of water rights claims made by and on behalf of the Tribe has, over

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decades, included unique litigation procedures.

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7.

Accordingly, the Negotiating Parties believe that a scheduling conference with the

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Court would be useful to both the Court and the Parties. The Negotiating Parties would like the

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opportunity to discuss the following potential issues with the Court: 1) timing and deadlines for

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any motions, responses, and replies; 2) how service of any motions, responses, and replies should

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be accomplished beyond using the Court’s CM/ECF system; and 3) any other questions or

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concerns that the Court might have about the Final Stipulation and any associated process.

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NOW, THEREFORE, the Negotiating Parties hereby request:

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1.

That given the anticipated Final Stipulation has now received sufficient approval

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from the Negotiating Parties, the Court further stay the litigation schedule indefinitely so that they

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may present, and obtain the Court’s approval of, the Final Stipulation regarding water rights

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claims made by and on behalf of the Tribe.

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2.

That the Court schedule a Scheduling Conference in the near future at a date and

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time convenient for the Court and the Parties to address the Court on the items identified in

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paragraph 7, above.

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Dated: May 8, 2024.
WOODBURN AND WEDGE
By:
/ s / Gordon H. DePaoli
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
(per authorization)
Guss Guarino/Marisa J. Hazell
Trial Attorneys, Indian Resources Section
Environment and Natural Resources Div.
999 18th Street, Suite 370
Denver, Colorado 80202

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

Alexa Penalosa
Trial Attorney, Natural Resources Section
Environment and Natural Resources
Div.P.O. Box 7611
Washington D.C. 20044-7611
Attorneys for United States of America

MEYER, WALKER & WALKER, P.C.

By:

BEST BEST & KRIEGER
/ 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

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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

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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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STATE OF NEVADA OFFICE OF THE
ATTORNEY GENERAL
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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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Dated: May 9, 2024.

IT IS SO ORDERED.

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_______________________________
United States Magistrate Judge

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