IN EQUITY D-183: USA V. ALPINE LAND & RESERVOIR

Filing 3177

ORDER APPROVING WATER MASTER'S BUDGET FOR 2012-2013; CREATING AN ASSESSMENT TO REPLENISH THE FUND HERETOFORE ESTABLISHED TO PAY THE EXPENSE OF CONDUCTING THE WATER MASTER'S OFFICE, APPORTIONING THE COSTS THEREOF, PROVIDING THE MANNER AND ME THOD OF COLLECTION THEREOF, AND DIRECTING THE DISTRIBUTION OF THE WATERS OF THE CARSON RIVER WHEN NECESSARY, re 3168 Petition. ( See pdf order for specifics ) Signed by Judge Lloyd D. George on 2/14/2013. (Copies have been distributed pursuant to the NEF - DRM)

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ROGER A . BERGMANN

2 State Bar No . 733
Professional Corporation

3 4947 W . Lakeridge Terrace Lane
Reno , Nevada 89509

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ttorney for Chad Blanchard , Water Master

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UNITED STATES DISTRICT COURT

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FOR IHE DISTRICT OF NEVM A
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* * * W W

9 THE UNITED STATES OF AMERICA,
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Plaintiff,

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vs.

IN EQUITY
No . D-*83 LDG

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PINE LhHn & RESERVOIR COMPANY
a corporation , et al,

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Defendant .

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ORDER APPROVING WATER MASTER'S BDDGET FOR 2012-20137

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CREATING AN ASSESSMEHY TO REPLENISH TEE FUND EERETOFORE
ESTABLISHED TO PAY THE EXPENSE OF CONDUCTING

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THE WATER MASTER'S OFFICE, APPORTIONI TEE COSTS
NG
TEEREOF , PROVIDING THE MAHHER Av n M ETHOD OF

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COLLECTION THEREOF, >vn DIRECTING THE DISTRIBUTION
OF THE WATERS OF THE CARSON RIVER WHEN NECESSARY

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BE IT REMEMBERED that the petition of CHAD BLANCHARD , Interim
Water Master appointed herein

to adm inister

the Final Decree

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entered on December 18, 1980 , asking that an assessment be created

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to replenish the fund heretofore established to pay the expenses of

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conducting the office of the Water Master for the period from

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ctober 1 , 2012 , to September 30 , 2013 , and for such other action

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as might seem meet and proper in the premises, having been filed

25 with the Clerk of this Court on December 10 , 2012 , and proper
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notice hav ing been given to a1l parties of the filing of said

27 petition ,
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and

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parties

having

the

opportunity

to

enter

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1 bjections thereto, and no objections having been entered by any
2 arty to the said petition and proposed budget and good cause

3 appearing,
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NOW , THEREFORE, IT IS HEREBY ORDERED :

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1.

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That the budget submitted by the Water Master on

ecember 10, 2012, as part of his petition, is hereby approved and

7 the Water Master is hereby authorized and directed to pay to
8 himself as Water Master the salary indicated in said budget, to

g employ assistants as may be necessary and to pay a11 necessary
1g expenses incurred in administering the Final Decree issued herein,
11 as provided for in said budget.
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2.

1a further

That in order to provide a means for the payment of
expense

of

conducting

the

Water

Master's

office,

14 articularly for the period from October 1, 2012/ to September 30,

lg 2013, there is hereby created an assessment in the sum of THREE
16 HUNDRED TWENTY THOUSAND DOLLARS (
$320p
OO0.00) to replenish the fund
17 heretofore established .
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3.

That the water users within the Truckee-carson Irrigation

istrict, by and through the Truckee-carson Irrigation District,

g: ay to the Water Master one-fifth (
1/5) of the said assessment, to
a1 it, the sum of SIXTY-FOUR THOUSAND DOLLARS (
$64,00.00)p said
aa payment to be made on or before January 15, 2013.

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4.

That the balance of said assessment be assessed against

24 a1l of the remaining water users on the Carson River subject to the
25 jurisdiction of this Court, on a prorata bases of FOUR DOLLARS AND
26 10 CENTS (
$4.10) per acre, according to the irrigable acreage
27 possessed by said water users, said payments to be made to the

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1 ater Master on ar before January 15, 2013, it being provided,
2 owever, that the minimum charge assessed against any water user

3 shall not be less than FORTY-ONE DOLLARS AND NO CENTS (
$41.
001.
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5.

That the Clerk of this Court give notice of the required

ayments to be made by each water user by mailing a copy of this

6 order and the notice annexed hereto to each attorney appearing of
1 record for the plaintiff and sundry defendants in this cause within
g five ( days of the entry of this order; the Water Master is
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: further directed to gi
ve such notice to the parties hereto and
1g their successors and assigns by publishing a copy of the notice
11 annexed hereto in the following newspapers: Nevada Appeal, P.
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12 Box 2288, Carson City, Nevada? 89701; Record-courier, P . . Box
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la 2288, Carson City, Nevada 89702-2288; Lahontan Valley News, P.
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14 Box 1297, Fallon, Nevada 89407-1297 and Mason Valley News, P. . Box
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15 841, Yeringtcn, Nevada 89447, once a week for two ( consecutive
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16 Weeks .
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6.

That the prorata amounts so assessed against the Water

18 users on the Carson River on the basis of the water righted acreage
19 possessed by said water users shall become and be a lien against
20 said water righted lands until paid, and that the Water Master be,
21 and hereby

is, directed to enforce the collection of said

22 assessments in the manner provided by law , and is further ordered

23 to cut off water deliveries from any water user who is in default
24 in any said required payments.

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7.

That said Interim Water Master, CHAD BLANCHARD, be and

26 hereby is, directed to make a report and submit an audit by a
27 certified public accountant of his books, records, and accounts
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1 annually an or before the 15th day of January 2014 .
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8.

That the Interim Water Master; CHAD BLANCHARD, be and

3 hereby is, directed to continue in effect the surety bond in the

4 sum of FIFTY THOUSAND DOLLARS (
$50,000.00) heretofore provided
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ursuant to his order of appointment for the faithful performance

6 of his duties as custodian of such funds and the property that may
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e in his care.

9.

That the Water Master' report and audit for the fiscal
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ear ending September 3O, 2012, shall be filed by January 15, 2013 .

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10. That the operation and administration of the Water

11 aster's office in administering the provisions of the Final Decree
12 for the period from October 1, 2011, to September 30p 2012 is
13 hereby approved.
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11. That the Water Master begin the distribution of the

15 waters of the Carson River under said Final Decree on such date as

16 the Water Master determines that the distribution of said water
17 under his authority is necessary .
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l2. That the Water Master is directed to create a funded

19 account pursuant to existing Personnel and Benefits Policy to cover

2: the cost of continuing health insurance on qualified personnel,
21 upon their retirement, and that the cost shall be included in the
22 Water Master's Budget each year until such ti
me as the earned

23 benefit is exhausted.

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DIS

T JUDG