Water Transfers in the West Efficiency, Equity, and the Environment (1992) / Chapter Skim
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5 The Truckee-Carson Basins in Nevada: Indian Tribes and Wildlife Concerns Shape a Reallocation Strategy
5 The Truckee-Carson Basins in Nevada: Indian Tribes and Wildlife Concerns Shape a Reallocation Strategy
Pages 119-136
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From page 119... ...
The area's transition mirrors the land use changes that are occurring in many areas and represents another stage in the constant redefinition of the West (Athearn, 1986~. The Truckee-Carson transition is characterized by creative use of water transfers to solve the intense water allocation conflicts that have arisen between traditional and nontraditional users.
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From page 120... ...
These wet areas have shrunk from some 40,000 acres to a present size of less than 6,000 acres. Wetlands in the Lahontan Valley have been variously affected by the advent of irrigated agriculture: first, by diversion of the historic Carson River flow; then by o~rerdiversion of the Truckee River flow; and, most recently, by efforts to improve the efficiency of the Newlands Irrigation Project.
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From page 121... ...
Four major water-using interests compete for the basin's limite supplies (Truckee meadows urban area, Newlands Project agriculture, Pyramid Lake endangered fish species, and the Lahontan Valley wetlands)
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From page 122... ...
is the Bureau of Reclamation's contract operator for the Newlands Project. Water rights on the project are held by the individual landowners, not TCID.
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From page 123... ...
The development of the Newlands Project created a conflict between the two ecosystems that continues to the present. In 1905, Derby Dam was constructed on the Truckee near Fernley, and the Truckee Canal diverted more than one-half of the Truckee's flow into the Carson basin.
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From page 124... ...
To guarantee firm yield to the Newlands Project, the Truckee River is diverted to the Carson through the Truckee Canal, which runs from Derby Dam to Lahontan Reservoir. Several upstream reservoirs have been constructed on the Truckee, but there is insufficient carryover storage to provide normal flows during a 2- or 3-year drought cycle.
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From page 125... ...
, the establishment of minimum levels for Lake Tahoe, and the Truckee River Agreement of 1935. The decree was not made final until 1944 and was not protected against collateral attack by the Pyramid Lake Tribe until 1983.
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From page 126... ...
. Principal Interests in Water Reallocation Through Transfers TRIBAL INTERESTS AND ENDANGERED SPECIES IN PYRAMID LAKE The Orr Ditch decree supported the Newlands Project at the expense of the Pyramid Lake Tribe.
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From page 127... ...
For example, the tribe raised a public interest objection to the TCID's transfers of water from unirrigated lands with water rights to irrigated lands without water rights, but the Supreme Court dismissed it as simply a collateral attack on the Orr Ditch decree. The eligibility of lands to receive project water is still being litigated (limited .9tO{P.~ ~ Awning Land and Reservoir Co., 1989~.
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From page 128... ...
The major potential third party effects of these reallocations will be on downstream users. Downstream water rights holders are entitled to return flows.
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From page 129... ...
Reno-Sparks may switch to land disposal of sewage to avoid the higher costs of building a treatment plant to comply with Clean Water Act standards; the Pyramid Lake Tribe wants an assured supply of more and cleaner water to maintain and raise the lake level; and federal and state officials have shown a willingness to consider the use of treated effluent for the Fernley wetlands. This solution may require the purchase of additional irrigation rights as replacement water for the tribe.
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From page 130... ...
Sierra Pacific Power and the Pyramid Lake Tribe also negotiated a preliminary settlement agreement that was included in the final congressional legislation in 1990. With respect to the Truckee River, the agreement allows the management of Stampede Reservoir for spring spawning flows for the cui-ui and for drought reserve storage for the benefit of Reno-Sparks.
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From page 131... ...
The major water transfers taking place in this basin are as follows: 1. Newlands Project agricultural water to Stillwater National Wildlife Management Area for wetland maintenance.
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From page 132... ...
Not every water right should be classified as eligible for acquisition. In the Newlands Project, not all lands have project water rights, and many rights are paper rights (i.e.-, the right is based on decreed amounts rather than actual beneficial use)
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From page 133... ...
Nevada law allows the transfer of water from irrigation districts if the proposed change of use does not adversely affect the cost of water to other water rights holders (Nevada Revised Statutes § 533.370~. The TCID's possible objections were allayed by The Nature Conservancy's promise, which has now been assumed by the federal government, to assume the farmer's 40-year repayment obligation, and the tribe was satisfied by assurances that Truckee flows would not be altered.
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From page 134... ...
The tribe subsequently was included in broader negotiations about the Truckee's future. Many of the issues illustrated in this case interstate allocations, water supply agreements, wetland protection, endangered species enhancement, water rights purchase, Newlands Project operation, Fallon Tribe claims settlement are addressed in the 1990 settlement act.
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From page 135... ...
A new management plan will also consider instream flows to protect and enhance the resident fishery. Thus the tribe's entitlement to a block of storage water and the ongoing transfer of water rights from agriculture to urban and environmental uses are forcing the Bureau of Reclamation to seek a river basin management solution to the disputes.
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From page 136... ...
Pp. 68-69 in Draft Environmental Impact Statement for the Newlands Project Proposed Operating Criteria and Procedures.
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