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United States v. Orr Water Ditch Co.

United States District Court, D. Nevada

April 22, 2019

THE UNITED STATES OF AMERICA, Plaintiff,
v.
ORR WATER DITCH COMPANY, et al., Defendant.

          ROGER A. BERGMANN, A Professional Corporation, W. Lakeridge Terrace Lane, Attorney for Chad Blanchard, Water Master.

         ORDER APPROVING WATER MASTER'S BUDGET FOR 2018-2019; CREATING AN ASSESSMENT TO REPLENISH THE FUND HERETOFORE ESTABLISHED TO PAY THE EXPENSE OF CONDUCTING THE WATER MASTER'S OFFICE; CREATING A SPECIAL ASSESSMENT TO CONTINUE THE FUND HERETOFORE ESTABLISHED TO PAY THE EXPENSE OF SPECIAL ADMINISTRATION OF STEAMBOAT CREEK AND THE WASHOE LAKE OR UPPER STEAMBOAT CREEK AND THE WASHOE LAKE RESERVOIR; APPORTIONING THE COSTS THEREOF; AND PROVIDING THE MANNER AND METHOD FOR COLLECTION THEREOF; AND APPROVING THE WATER MASTER'S ADMINISTRATION OF THE DECREE FOR 2017-2018

         BE IT REMEMBERED that the petition of CHAD BLANCHARD, Water Master appointed herein to administer the Final Decree entered on September 8, 1944, asking that an assessment be created to replenish the fund heretofore established to pay the expenses of conducting the office of the Water Master, and a special assessment be created to replenish the fund heretofore established to pay the expense of his special administration of Steamboat or Galena Creek, Washoe Creek or Upper Steamboat Creek and the Washoe Lake Reservoir, and approving the Water Master's administration of the Decree for 2017-2018, and approving the filing of an audit for 2018-2019, by January 15, 2020, and for such other action as might seem meet and proper in the premises, filed with the Clerk of this Court on December 27, 2018, having come on for hearing this date pursuant to proper notice, and all parties having the opportunity to be heard on objections filed, and good cause appearing, NOW, THEREFORE, IT IS HEREBY ORDERED:

         1. That the estimated general budget for the period from October 1, 2018, to September 30, 2019, submitted by the Water Master on December 27, 2018, as part of his petition, is hereby approved.

         2. That in order to provide a means for the payment of further expense of conducting the Office of the Water Master, particularly for the period from October 1, 2018 to September 30, 2019, there is hereby created an assessment in the sum of FOUR HUNDRED SEVENTY-SEVEN THOUSAND DOLLARS ($477, 000.00) to replenish the fund heretofore established, and that the same 3e, and hereby is apportioned to be paid and borne as provided in the Final Decree, to wit:

One-third by the United States of America, one-third by the TRUCKEE MEADOWS WATER AUTHORITY and the remaining one-third by the remaining persons or corporations whose rights are adjudicated by this Decree.

         3. That the Truckee-Carson Irrigation District and the 3ureau of Indian Affairs of the United States of the Interior be, and they hereby are, ordered and directed to pay the Office of the Water Master in this case, as their apportioned:One-third assessment, the sum of ONE HUNDRED FIFTY-NINE THOUSAND DOLLARS ($159, 000.00); that NINETY-TWO and ONE-HALF PERCENT (92-1/2%) of said amount, being the sum of ONE HUNDRED FORTY SEVEN THOUSAND SEVENTY-FIVE DOLLARS ($147, 075.00), is to be borne by the Truckee-Carson Irrigation District for Newlands project lands, and SEVEN and ONE-HALF PERCENT (7-1/2% of said amount, being the sum of ELEVEN THOUSAND NINE HUNDRED TWENTY-FIVE DOLLARS ($11, 925.00), is to be borne by the Bureau of Indian Affairs of the United States Department of the Interior for Pyramid Indian lands, such assessment to be paid On or before April 30, 2019.

         4. That defendant, TRUCKEE MEADOWS WATER AUTHORITY, be, and it is hereby ordered, and directed to pay the Office of the Water Master in this case, as its apportioned one-third of the assessments, the sum of ONE HUNDRED FIFTY-NINE THOUSAND DOLLARS ($159, 000.00), the assessment to be paid on or before April 30, 2019.

         5. That the "remaining persons or corporations whose rights are adjudicated by this Decree, or their successors in interest", be, and they hereby are, ordered and directed to pay as their apportioned one-third of the assessment, the total sum Of ONE HUNDRED FIFTY-NINE THOUSAND DOLLARS ($159, 000.00), payable as more specifically hereinafter set forth.

         6. That Washoe County Water Conservation District be, and it hereby is, directed to levy and collect prorate assessments from the remaining persons or corporations whose rights were adjudicated by this Decree and whose lands are within the boundaries of the Washoe County Water Conservation District in the amount of SIXTY-FIVE PERCENT (65%) of their apportioned one-third shares of the total assessments provided for in this Decree, being the sum of ONE HUNDRED THREE THOUSAND THREE HUNDRED FIFTY DOLLARS ($103, 350.00); that Washoe County Water Conservation District be, and it hereby is directed to allocate said sum among it members as aforesaid, according to a schedule of charges based upon acreage, including minimum charges applicable to fractional acreage, which schedule shall be subject to the approval of the Water Master, and that the Washoe County Water Conservation District shall pay the aforesaid sums collected by such District for the Water Master on or before April 30, 2019.

         7. That the remaining persons or corporations whose rights were adjudicated by this Decree and whose lands are outside of the boundaries of the Washoe County Water Conservation District be, and hereby are, ordered and directed to pay THIRTY-FIVE PERCENT (35%) of their apportioned one-third share of the total assessments provided for in this Decree, being the sum of FIFTY-FIVE THOUSAND SIX HUNDRED FIFTY DOLLARS ($55, 650.00); that the Water Master, CHAD BLANCHARD, be, and hereby is, directed to collect such sums as aforesaid according to a schedule of charges, which charges shall be paid to the Water Master on or before April 30, 2019, as follows: The minimum assessment of EIGHTTEEN DOLLARS AND ZERO CENTS ($18.00) against those parties owning fifty (50) acre-feet or less; against those parties owning more than fifty (50) acre-feet, the sum of THIRTY-SIX CENTS ($.36) for Each acre-foot.

         8. That the Water Master, CHAD BLANCHARD, be, and hereby is, directed to continue to maintain as part of the Water Master's fund, a separate bank account or accounts known as the "Excess Payment Account" heretofore established pursuant to an order of this Court, only as to the assessments collected from the remaining persons or corporations whose lands are outside the boundaries of the Washoe County Water Conservation District, and who are responsible for THIRTY-FIVE PERCENT (35%) of their apportioned one-third share of the total assessments provided for in this Decree; and that any excess sums which are collected and deposited in said account shall be held in such account, and subject to disbursement only as may be directed from time to time by this Court.

         9. That the Water Master's estimated excess payments account budget for the period from October 1, 2018 to September 30, 2019, submitted by the Water Master on December 27, 2018, as part of his Petition herein, is hereby approved.

         10. That the Water Master's report and audit for the fiscal year ending September 30, 2018, filed with the court on ...


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