Decree C–125 (Final Walker River Decree) Nevada In adjudication of the 1924 filing of United States v. Walker River Irrigation District, et al., Decree C–125 for waters of the Walker River was issued on April 14, 1936 by the Federal District Court for Nevada. In addition to recognizing the water rights defined in Decree 731 (March 24, 1919) as to priority date, amount and place of use, and defined other storage and diversion rights, the Walker River Indian Reservation’s attempt to acquire a right to divert 150 cfs for the irrigation of reservation lands was rejected. While Decree C–125 adjudicated most of the irrigation rights of the Walker River system, the court did not define domestic rights, irrigation uses on natural forest land, some private riparian lands, and any storage rights for Weber Reservoir, which had recently been constructed on the Walker River Indian Reservation. Also, no rights were included for Walker Lake itself. A federal Watermaster would be responsible for its enforcement. The District Court refused the Tribe’s claim (for right to a rate of flow of 150 cfs), stating that even if an implied tribal water right was included with reservation lands, the white pioneers were in “an inexpugnable position” and the “court was not about to take fifty years of beneficial farming use away from these settlers for the sake of supplying the tribe with guaranteed water.” In June 1939 Decree C–125 was modified on appeal to the U.S. Circuit Court of Appeals, Ninth Circuit (104 Fed 2d 334 1939). The Walker River Indian Reservation was granted a right to divert 26.25 cfs (they had asked for 150 cfs) for 180 days (amounting to 9,450 acre-feet from natural flows) to be measured at the Parker Gage (currently the Wabuska gage) at the north (outlet) end of Mason Valley approximately where the reservation boundary begins. This diversion period is in contrast to upstream users who have an irrigation season of up to 245 days as reaffirmed in the “Rules and Regulations for the Walker River System” under Decree C–125. All defendants agreed to the stipulation which granted the Walker River Indian Reservation a November 29, 1859 priority date for its water rights for the irrigation of 2,100 acres of reservation land. The original priority dates established in Decree 731 in 1919 had assigned priority dates (5) ranging from 1868 to 1886. These five water rights included: (1) 1868 priority date – 4.70 cfs, 385.95 acres irrigated, (2) 1872 priority date – 3.55 cfs, 295.80 acres irrigated, (3) 1875 priority date – 6.15 cfs, 512.80 acres irrigated, (4) 1883 priority date – 7.50 cfs, 625.20 acres irrigated, and (5) 1886 priority date – 1.03 cfs, 85.80 acres irrigated.
Source: http://www.bvsde.paho.org/bvsacg/i/fulltext/dicciona/dicciona.pdf
Web site to visit: http://www.state.nv.us/cnr/ndwp/home.htm
Author of the Water Words Dictionary source of text: Gary A. Horton
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