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ENLARGE
The Truckee Canal
The Newlands Water Protective Association, Truckee-Carson Irrigation District, the city of Fallon and Churchill County are in a fight to protect water from the Truckee Canal.
They are in a federal court battle with Truckee Meadows Water Authority, Pyramid Lake Paiute Tribe and Washoe County Water Conservation over the distribution of water from the Truckee and Carson rivers.
Ernie Schank, president of TCID, and Jamie Mills, executive director of the Newlands Water Protective Association, said the two sides are locked in litigation over an amendment to the 1944 Orr Ditch Decree and the 1935 Truckee River Agreement.
Mills said if the amendment is passed, it would decrease the water flow from the canal by 30 percent.
Mills said the lawsuit is about the amount of water available to serve the water right. She added the defendants are trying to decrease the amount of water available to serve.
According to Mills, the ultimate goal of the federal government is to close the Truckee Canal.
“Sen. (Harry) Reid has said it numerous times that the Newlands Project was a mistake and they should do away with it,” Mills said.
She added the canal would be closed because water is needed for expanded growth in Reno and Sparks.
Sue Oldham, a consultant to TMWA, said she thinks TCID should raise concern with the U.S. government. The problem, according to Oldham, is the diversion of water from California.
Oldham said the Newlands Project is on the lowest priority in the Truckee system and any water California diverts would hurt the those in the range of the project.
Oldham said the water supply the Newlands Project receives was negotiated not to change the water the Newlands Project would have received historically. The upstream water rights will be diverting more water than the Newlands Project was used to, but Oldham said the agencies don't intend to divert any more water than was in accordance with the original decree.
“It's really hard for me to tell what the real concern is with the Newlands farmers,” Oldham said. “I understand they have lots of issues with the United States, recoupment and the tribe. Those things aren't being dealt with here.”
Schank said The Orr Ditch Decree involves anyone who receives water from the canal. He added that TCID historically receives 25-30 percent of its water from the Truckee River.
However, Schank and former project manager David Overvold testified they (TCID) were being injured by the Truckee River Operating Agreement (TROA) at times when they (TCID) weren't diverting and had no right to divert.
“It has a potential of diminishing their water rights, particularly in drought years,” Schank said. “The modeling that has been done by the TROA parties shows increased shortages to us.”
Mills said the frequency and intensity of drought will increase for farmers.
“It is significant and will cause harm to the water right owners,” Mills added.
According to Schank and Mills, Reid introduced bill 101.618 (TROA) in 1990 and its intention was to eventually replace the 1935 Truckee River Agreement. The TRA regulates the amount of water distributed from the Truckee River.
“One of many goals of that particular legislation was to resolve issues between the state of California and Nevada,” Mills said.
Schank said when negotiations for the Truckee River Operating Agreement took place, the Newlands Project was left out of the negotiations. The TROA was signed in September 2008 by the federal government, the states of California and Nevada, the Pyramid Lake Paiute Tribe and TMWA.
“We (TCID) maintain that it does diminish our Orr Decree rights,” Schank said. “Everybody who has an Orr Decree has to be notified, and they have to be given an opportunity to represent themselves or have an attorney represent them.”
Schank said it's important for individuals who receive notices to take action. NWPA has recommended water rights owners represent themselves.
“The scheme that has been agreed to does not consider our needs,” Schank said. “For that purpose, we are going to try and explain that to the court.”
According to Oldham, some benefits would include an exchange with California from Donner Lake with water delivered earlier in the year. Also, TCID must agree that the reservoirs would continue to be operated to provide the same amount to Floriston (Calif.) and rate water.
“We aren't hurting them with TROA, and I believe that to be true with everything in me,” Oldham added. “We aren't hurting them anymore than if we diverted our prior rights in the way the Orr Ditch Decree allowed it diverted.”
Mills said they need to inform the judge of the implications and effects of the TROA should it be adopted.
The U.S. Justice Department was ordered to send out more than 7,000 letters of legal notice motion informing water rights owners in the Newlands Project of the motion to amend.
“The Carson division of the project gets one-third of its water from the Truckee River,” Mills said. “It's the difference between in business and out of business. The judge is being mislead that we don't care about our water, and that's just not the case.”
Mills said the new operation of the project will change drought protection for Reno, Sparks and Washoe County. The water now flows down and is diverted to TCID and the tribe.
Under the new agreement, the water would go to the tribe for fish water to protect cui-ui. TCID would be able to divert water, but in accordance with what the U.S. government would allow.
After the January 2008 Fernley flood, TCID has not been able to divert its allotted amount of water. Before the flood, 900 cubic feet per second could be diverted; however, until the breech in the canal is completely repaired, only 300 cfs can flow in the canal.
Mills said TCID is still waiting on the specifications from the U.S. government to repair the breech.
A representative of the TMWA returned phone calls but could not comment without approval from TMWA officials and attorneys.
They are in a federal court battle with Truckee Meadows Water Authority, Pyramid Lake Paiute Tribe and Washoe County Water Conservation over the distribution of water from the Truckee and Carson rivers.
Ernie Schank, president of TCID, and Jamie Mills, executive director of the Newlands Water Protective Association, said the two sides are locked in litigation over an amendment to the 1944 Orr Ditch Decree and the 1935 Truckee River Agreement.
Mills said if the amendment is passed, it would decrease the water flow from the canal by 30 percent.
Mills said the lawsuit is about the amount of water available to serve the water right. She added the defendants are trying to decrease the amount of water available to serve.
According to Mills, the ultimate goal of the federal government is to close the Truckee Canal.
“Sen. (Harry) Reid has said it numerous times that the Newlands Project was a mistake and they should do away with it,” Mills said.
She added the canal would be closed because water is needed for expanded growth in Reno and Sparks.
Sue Oldham, a consultant to TMWA, said she thinks TCID should raise concern with the U.S. government. The problem, according to Oldham, is the diversion of water from California.
Oldham said the Newlands Project is on the lowest priority in the Truckee system and any water California diverts would hurt the those in the range of the project.
Oldham said the water supply the Newlands Project receives was negotiated not to change the water the Newlands Project would have received historically. The upstream water rights will be diverting more water than the Newlands Project was used to, but Oldham said the agencies don't intend to divert any more water than was in accordance with the original decree.
“It's really hard for me to tell what the real concern is with the Newlands farmers,” Oldham said. “I understand they have lots of issues with the United States, recoupment and the tribe. Those things aren't being dealt with here.”
Schank said The Orr Ditch Decree involves anyone who receives water from the canal. He added that TCID historically receives 25-30 percent of its water from the Truckee River.
However, Schank and former project manager David Overvold testified they (TCID) were being injured by the Truckee River Operating Agreement (TROA) at times when they (TCID) weren't diverting and had no right to divert.
“It has a potential of diminishing their water rights, particularly in drought years,” Schank said. “The modeling that has been done by the TROA parties shows increased shortages to us.”
Mills said the frequency and intensity of drought will increase for farmers.
“It is significant and will cause harm to the water right owners,” Mills added.
According to Schank and Mills, Reid introduced bill 101.618 (TROA) in 1990 and its intention was to eventually replace the 1935 Truckee River Agreement. The TRA regulates the amount of water distributed from the Truckee River.
“One of many goals of that particular legislation was to resolve issues between the state of California and Nevada,” Mills said.
Schank said when negotiations for the Truckee River Operating Agreement took place, the Newlands Project was left out of the negotiations. The TROA was signed in September 2008 by the federal government, the states of California and Nevada, the Pyramid Lake Paiute Tribe and TMWA.
“We (TCID) maintain that it does diminish our Orr Decree rights,” Schank said. “Everybody who has an Orr Decree has to be notified, and they have to be given an opportunity to represent themselves or have an attorney represent them.”
Schank said it's important for individuals who receive notices to take action. NWPA has recommended water rights owners represent themselves.
“The scheme that has been agreed to does not consider our needs,” Schank said. “For that purpose, we are going to try and explain that to the court.”
According to Oldham, some benefits would include an exchange with California from Donner Lake with water delivered earlier in the year. Also, TCID must agree that the reservoirs would continue to be operated to provide the same amount to Floriston (Calif.) and rate water.
“We aren't hurting them with TROA, and I believe that to be true with everything in me,” Oldham added. “We aren't hurting them anymore than if we diverted our prior rights in the way the Orr Ditch Decree allowed it diverted.”
Mills said they need to inform the judge of the implications and effects of the TROA should it be adopted.
The U.S. Justice Department was ordered to send out more than 7,000 letters of legal notice motion informing water rights owners in the Newlands Project of the motion to amend.
“The Carson division of the project gets one-third of its water from the Truckee River,” Mills said. “It's the difference between in business and out of business. The judge is being mislead that we don't care about our water, and that's just not the case.”
Mills said the new operation of the project will change drought protection for Reno, Sparks and Washoe County. The water now flows down and is diverted to TCID and the tribe.
Under the new agreement, the water would go to the tribe for fish water to protect cui-ui. TCID would be able to divert water, but in accordance with what the U.S. government would allow.
After the January 2008 Fernley flood, TCID has not been able to divert its allotted amount of water. Before the flood, 900 cubic feet per second could be diverted; however, until the breech in the canal is completely repaired, only 300 cfs can flow in the canal.
Mills said TCID is still waiting on the specifications from the U.S. government to repair the breech.
A representative of the TMWA returned phone calls but could not comment without approval from TMWA officials and attorneys.
Public meetings
The Newlands Water Protective Association will be holding two public meetings for residents to discuss options regarding the TROA lawsuit.The first meeting is at 6 p.m. on Tuesday at the Fallon Convention Center and the second at 6 p.m. on Wednesday at the Fernley City Council Chambers.
For information, contact Jamie Mills at 423-7774 or log onto the NWPA Web site at www.newlandsnwpa.org.
