Preliminary Order of Determination From the Office of the State Engineer of Nevada, 2010
Settlement Agreement: 43 pages contained in 408 page document.
Abstract
Settlement Agreement: Agreement to Establish the Relative Water Rights of the Shoshone-Paiute Tribes of the Duck Valley Indian Reservation and the Upstream Water Users, East Fork Owyhee River (2006) contained, at the 332nd page, as Appendix B to In the Matter of the Determination of the Relative Rights in and to the Waters, Both Surface and Underground, Within the Drainage Area of the Owyhee River and its Tributaries Located within the East For Owyhee River Area, Elko County, NV, Preliminary Order of Determination, From the Office of the State Engineer of Nevada, 2010. Parties: the Shoshone-Paiute Tribes of the Duck Valley Indian Reservation, NV, the US and named upstream users on the East Fork of the Owyhee River.
The Agreement identifies the water rights of the Tribes and upstream users. The Tribes shall have 111, 476 acre-feet annually of surface water; entire flow of all springs and creeks originating within the Reservation boundaries; a priority of April 16, 1877; and a period of use throughout the calendar year; and an annual groundwater diversion right to 2,606 acre-feet per year. Other groundwater rights may be permitted under the Tribal Water Code, however, the Tribe may not mine the groundwater basin. The Tribe may use its tribal water by diverting, consuming and storing it and the governing body of the Tribe may authorize others to do likewise; use its right, or authorize others to use its right off reservation. The right shall not be lost through non-use.
The Tribes reserve the right to object under any state law any upstream user’s water right with a predating priority. Under the terms of the agreement, the Tribes’ and upstream users’ water rights will be administered without priority dates and in the quantities agreed to in the settlement agreement regardless of what is decreed by the court. Any surface water not used by upstream diverters or abandoned or forfeited becomes a part of the Tribes’ water right. No more permits for new uses will be granted. The groundwater basin will be declared as requiring additional administration by the State Engineer. The Tribes shall administer their water right through the Tribal Water Code which will be at least as protective as state law. Wild Horse Reservoir will be administered by the Tribe and the US. The state will contribute in-kind services. The federal contribution will be negotiated between the US and Tribe. [Source: http://water.nv.gov/home/PDFs/owyhee.pdf]
