United States District Court, D. Nevada
Equity No. C-125
ORDER RE: AMENDED ORDER APPROVING BUDGET AND RATE OF
ASSESSMENT FOR THE YEAR JULY 1, 2019 THROUGH JUNE 30, 2020,
AND THE AUDIT REPORT FOR THE YEAR ENDED JUNE 30,
Report and Petition of the United States Board of Water
Commissioners and the Chief Deputy Water Commissioner/Water
Master (collectively “Board”) for Approval of
Budget and Approval of Rate of Assessment and Special
Assessment for the Year July 1, 2019 Through June 30, 2020,
and for Approval of the Audit Report for the Year Ended June
30, 2018 (“Petition”) (Doc. 1551) was filed on
April 19, 2019.
Order requiring notice of the Petition was entered April 22,
2019 (Doc. 1557). A hearing was set for June 3, 2019 (Doc.
Walker River Paiute Tribe ("Tribe") and the United
States of America ("United States") tiled Joint
Comments on May 20, 2019 (Doc. 1573). The Walker River
Irrigation District ("WRID") filed a Response to
the Joint Comments of the Walker River Paiute Tribe and the
United States of America on May 20, 2019 (Doc. 1576).
Joint Comments of the Tribe and the United States state their
comments are similar to their comments filed annually with
the Court in prior years, and that therefore a hearing may
not be required. Subject to the statements made in their
comments, the Tribe and United States do not object to the
Court approving the Petition. The Joint Comments pertain to
the delivery of water to the Tribe to account for conveyance
losses, measurement of the Tribe's water rights and the
Tribe's start date. The Tribe and the United States do
not object to the Board administering the Decree and the
delivery of water in the same manner as in prior similar
irrigation seasons. WRID responded to the Tribe's and
United States' Joint Comments and acknowledged the Tribe
and the United States have not waived the rights they may
have to seek in the future a different place of measurement,
the addition of water to offset conveyances losses, if any,
and the issue of the Tribe's start date.
Walker Basin Conservancy ("WBC") filed an Objection
to Petition for Approval of Special Assessment on May 20,
2019 (Doc. 1575). Mineral County and the Walker Lake Working
Group filed their Joinder to Objection of WBC to Petition for
Approval of Special Assessment on May 21, 2019 (Doc. 1577).
The Board filed a Response to the Objection of WBC (Doc.
1579) and the Affidavit of Joanne Sarkisian, the Water
Master, on May 30, 2019 (Doc 1580).
were no other comments or objections filed to the budget,
rate of assessment. special assessment or the audit report.
hearing on June 3, 2019, the Board and WBC stipulated to an
agreement to resolve the Board's request for a special
assessment to the WBC and WBC's objection to the
Board's request for a special assessment. As a result of
that stipulated agreement, the Board withdrew its request in
its Petition for a special assessment to the WBC. The
stipulated agreement will be provided to the Court in a
separate document for approval as stated on the record at the
June 3, 2019 hearing.
undersigned counsel hereby certifies that in accordance with
Local Rule 7-2(f), the proposed order was served on the
principal parties participating at the June 3, 2019 hearing
and further certifies said principal parties approved of the
Court having considered the Petition, the Tribe's and
United States' Joint Comments, WRID's Response, the
proofs of notice, oral argument on June 3, 2019, and being
fully advised in the premises makes the following findings:
Court finds that notice of this hearing has been given by
publication and posting of the Notice of Filing of Report and
Petition for Approval of Budget and Approval of Rate of
Assessment and Special Assessment for the Year July 1, 2019
Through June 30, 2020, and for Approval of the Audit Report
for the Year Ended June 30, 2018 in accordance with its Order
of April 22, 2019 (Doc. 1557), and that additional notice has
been given by electronic service and by mailing a copy of the
Petition, the (Proposed) Order Requiring Notice and
(Proposed) Notice of Filing Report on April 19, 2019, as set
forth in the Affidavit of Service filed on April 23, 2019
Court finds that the Budget and the Rate of Assessment of
$3.60 per acre for the year July 1, 2019 to June 30, 2020
should be approved.
Court finds the Audit Report of the accounting records of the
United States Board of Water Commissioners for the year ended
June 30, 2018, prepared by Arrighi, Blake & Associates,