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NOTICE BY PUBLICATION: A MOTION HAS BEEN FILED TO MODIFY OR
AMEND THE ORR DITCH FINAL DECREE Case No. 3:73-cv-00003-LDG In
Equity A-3 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
UNITED STATES OF AMERICA, Plaintiff, v. THE ORR WATER DITCH CO., et
al., Defendants. To: (a) Owners of a water right recognized in the Final
Decree,
(b) Owners of a water right within the Newlands Reclamation Project, and (c)
Signatories of the Truckee River Agreement of 1935. Why is this Notice being
Published? A motion has been filed to modify or amend the Final Decree that
was entered in this case in 1944. Owners of a water right recognized in the
Final
Decree - including water rights within the Newlands Reclamation Project - or
signatories to the Truckee River Agreement, which was made part of the Final
Decree, have the right to appear in the proceedings on the motion. Owners or
signatories who appear will receive notice of further proceedings and may
participate in those proceedings. The remainder of this Notice will: a)
provide you
with a general summary of the proposed modification or amendment of the
Final
Decree; b) inform you how to obtain or gain access to a complete copy of the
Motion to Modify or Amend, and; c) inform you how to submit a Notice of
Appearance, which you must do to receive further notice or to participate.
General Summary of the Motion to Modify or Amend the Final Decree: The
Final Decree, which was entered in this case in 1944, incorporated the
Truckee
River Agreement, which was signed in 1935. The Motion to Modify or Amend
proposes to amend the Final Decree by adopting and incorporating the 2008
Truckee River Operating Agreement, and by superseding some, but not all,
provisions of the 1935 Truckee River Agreement. The 1935 Truckee River
Agreement specifies when water must be passed through or released from Lake
Tahoe or Boca Reservoir to satisfy rates of water flow in the Truckee River
known as ”Floriston Rates.” The 2008 Truckee River Operating Agreement
permits adjustment of the Floriston Rates. Water that would have been passed
through or released from Lake Tahoe or Boca Reservoir may be retained for
storage. The Motion also proposes to add provisions of the 2008 Truckee
River
Operating Agreement to the Final Decree that are not currently addressed in
the
Final Decree. For example, the proposed amendment includes provisions of the
2008 Truckee River Operating Agreement governing the operation of Prosser
Creek Reservoir and Stampede Reservoir, which reservoirs were built after
the
1944 Final Decree. The proposed amendment also includes provisions
addressing a number of additional matters, including procedural matters that
are
not currently addressed in the Final Decree. In general, Article 5 of the
2008
Truckee River Operating Agreement addresses the ways in which it supersedes
and replaces some provisions of the 1935 Truckee River Agreement while
carrying forward other provisions of the 1935 Truckee River Agreement.
Article 5
of the 2008 Truckee River Operating Agreement is generally comparable to
Articles III, IV, V, and VII of the 1935 Truckee River Agreement. Obtaining
a
Complete Copy of the Motion and Supporting Documents: You can view or
download a copy of the Motion to Modify or Amend the Final Decree entered in
this Case in 1944 at http://www.usbr.gov/mp/troa/index.html, or by
contacting:
Jeffrey Rieker, Bureau of Reclamation, 705 North Plaza Street, Carson City,
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