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United States v. Walker River Irrigation District

United States District Court, D. Nevada

June 25, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
WALKER RIVER IRRIGATION DISTRICT, a corporation, et al., Defendants. WALKER RIVER PAIUTE TRIBE, Plaintiff-Intervenor,

          KAREN A. PETERSON, ESQ. Nevada State Bar No. 366 ALLISON MacKENZIE, LTD. Attorneys for the UNITED STATES BOARD OF WATER COMMISSIONERS and CHIEF DEPUTY WATER COMMISSIONER/ WATER MASTER

          Christopher W. Mixson, Esq. Nevada State Bar No. 10685 WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP Attorneys for Walker Basin Conservancy

          STIPULATION TO RESOLVE THE UNITED STATES BOARD OF WATER COMMISSIONERS' AND WATER MASTER'S REQUEST FOR SPECIAL ASSESSMENT AND WALKER BASIN CONSERVANCY'S OBJECTION TO SPECIAL ASSESSMENT AND ORDER

         The UNITED STATES BOARD OF WATER COMMISSIONERS and CHIEF DEPUTY WATER COMMISSIONER/WATER MASTER (“Water Master” and collectively the “Board”), by and through their attorneys, ALLISON MacKENZIE, LTD. and the WALKER BASIN CONSERVANCY (the “Conservancy”) by and through its attorneys, WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP, stipulate to resolve the Board's request to levy a special assessment for the 2019-2020 fiscal period for the administration of Program Water as contained in the Board's 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 (“Petition”) (Doc. 1551) and the Objection of Walker Basin Conservancy to Petition for Approval of Special Assessment (Doc. 1575) as follows:

1. In consideration of the above-referenced parties entering into this Stipulation, the Board has withdrawn its request for a special assessment for the administration of Program Water as contained in the Board's Petition (Doc. 1551).
2. The Conservancy agrees to order its instream flow water rights for Permit 80700 (“Program Water”) on a daily basis when in priority in accordance with the Board's Plan of Distribution, namely by placing daily orders for the permitted Program Water in priority with the Walker River Irrigation District, which will relay orders for Program Water to the Water Master along with daily orders for irrigation water.
3. The Water Master shall keep track of her time to administer the Conservancy's Program Water from the Yerington Weir to the Wabuska Gage for the 2019 irrigation season. The Board and the Conservancy reserve their respective rights and positions regarding any future request by the Board for a special assessment or reimbursement based upon special and additional administration, if any, of Program Water from the Yerington Weir to the Wabuska Gage.
4. The Conservancy agrees to reimburse the Board for its reasonable legal and engineering costs incurred to review one or more proposed Orders modifying the Walker River Decree to be submitted to the District Court after any final order of the District Court granting a petition to approve Nevada State Engineer decisions or orders approving the Conservancy's pending instream flow water rights change application No. 88160, 88161 and 88162.
5. The Board shall periodically provide the Conservancy with an invoice of the legal and engineering costs incurred pursuant to paragraph 4, above, which invoice shall be due and payable within 30 days of receipt of the invoice.
6. The Conservancy shall provide the Board with any dispute regarding an invoice within 15 days of receipt of the invoice. If the invoice dispute cannot be resolved, either party hereto may seek relief of the Court to resolve the dispute.
7. The terms of the stipulation shall not be binding on any other parties to the Walker River Decree or to any other users of water subject to the Walker River Decree. The terms of this stipulation only apply to the Board's request to levy a special assessment for the 2019-2020 fiscal period for the administration of Program Water, and the terms of this stipulation shall not be construed as setting a precedent for the matters agreed to herein by the parties to the stipulation for any future change applications by any water user.

         The undersigned counsel hereby certify in accordance with Local Rule 7-2(f), the foregoing Stipulation and [Proposed] Order was served on the principal parties participating at the June 3, 2019 hearing and further certify said principal parties approved the proposed Stipulation and [Proposed] Order.

         ORDER

         The stipulation to resolve the united states board of water commissioners' and water master's request for special assessment and walker basin conservancy's objection ...


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