United States District Court, D. Nevada
BAKER RANCHES, INC., a Nevada Corporation; DARWIN C. WHEELER; OWEN L. AND PATRICIA T. GONDER; DAVID JOHN ELDRIDGE AND RUTH, ELDRIDGE, as Co-Trustees of the DAVID JOHN ELDRIDGE AND RUTH ELDRIDGE FAMILY LIVING TRUST, dated January 31, 2007; ZANE JORDAN; and JUDEE SCHALEY, Plaintiffs,
DAVID BERNHARDT, in his official capacity as Secretary of the United States Department of the Interior; the UNITED STATES DEPARTMENT OF THE INTERIOR; MICHAEL T. REYNOLDS, in his official capacity as Acting Director of the National Park Service; the NATIONAL PARK SERVICE; and JAMES WOOLSEY, in his official capacity as Superintendent of the Great Basin National Park, Defendants.
Leonard (Nev. Bar #8260) Leonard Law, P.C. Brandon L. Jensen
(pro hac vice) Falen Law Offices, LLC Attorneys for
NICHOLAS A. TRUTANICH United States Attorney, District of
Nevada GREG ADDINGTON Assistant United States Attorney JEAN
E. WILLIAMS Deputy Assistant Attorney General Environment and
Natural Resources Division David L. Negri, Trial Attorney
United States Department of Justice Environment and Natural
Resources Division U.S. Attorney's Office Attorneys for
STIPULATED FINDINGS OF FACT
RICHARD E. BOULWARE, II, UNITED STATES DISTRICT JUDGE
Plaintiffs, by and through their undersigned attorneys,
Debbie Leonard of Leonard Law, P.C., and Brandon L. Jensen of
the Falen Law Offices, LLC, and the Defendants, by and
through their undersigned attorney David L. Negri, of the
United States Department of Justice, hereby stipulate and
agree to the following findings of fact that shall govern
is now Great Basin National Park was previously managed by
the United States Forest Service as part of the Nevada
National Forest, which was withdrawn from the public domain
and created on February 10, 1909.
Nevada National Forest was later incorporated into the
Humboldt National Forest on October 1, 1957.
Great Basin National Park was created on October 27, 1986 by
Public Law 99-565 (“the Great Basin National Park
creation of Great Basin National Park, the National Park
Service requested that the Nevada State Engineer provide an
assessment of all existing water rights within the limits of
and in the general vicinity of Great Basin National Park.
May 8, 1987, the Nevada Division of Water Planning issued a
document entitled Great Basin National Park Water Right
Assessment (“the Water Right Assessment”).
the time of its issuance, the Nevada Division of Water
Planning sent a copy of the Water Right Assessment to the
National Park Service.
Creek & Snake Creek Pipeline
Snake Creek flows generally west to east, with its headwaters
arising in what is now Great Basin National Park in Nevada
and flowing downstream into Utah. The distance from Snake
Creek's headwaters to the boundary of Great Basin
National Park is approximately eight miles.
Plaintiffs Baker Ranches, Inc., Darwin C. Wheeler, and Owen
L. And Patricia T. Gonder (collectively, “the Snake
Creek Plaintiffs”) hold water rights established under
Utah law. These water rights allow the Snake Creek Plaintiffs
to divert water from Snake Creek in Utah for irrigation of
farming and ranching land in Millard County, Utah, located
approximately five to seven miles downstream from Great Basin
National Park boundaries.
May 17, 1910, the Fifth Judicial District Court in and for
the County of Millard, State of Utah, entered a Decree in a
quiet title action captioned George W. Gonder, et ...