Water battle washes up in Walker well owners' mailboxes

Walker River basin well owners have been receiving a packet of legal documents in the mail regarding a federal lawsuit between the Walker River Paiute Tribe and the Walker River Irrigation District.

The documents include a waiver of service notice and a counterclaim in which the two Walker River entities are battling over the use of surface water from the river.

Douglas County officials have been receiving calls from residents asking questions about the documents, which appear to call for action.

In an Aug. 21 memo to Nevada Department of Wildlife Director Kenneth Mayer, Deputy Attorney General Nhu Q. Nguyen reported that the lawsuit sought additional water from the Walker River for the United States and the tribe in addition to those already established by the Walker River Decree.

The tribe is seeking recognition for storage rights for Weber Reservoir and rights for lands that were returned to the reservation in 1936, a report prepared by the University of Nevada, Reno, Cooperative Extension the tribe said.

Nguyen reported that confidential settlement discussions have ended and that both sides are preparing to go to court in the matter, which would explain the timing of the documents' arrival.

Well owners are being included in the lawsuit because they might be affected by increased pumping of water on tribal lands, according to a filing included with the packet.

"This has been done because of the claim that underground and surface waters constitute a single source," the filing said.

Calls to the U.S. Attorney's Office regarding the lawsuit were not returned at press time.

A source near the litigation said the residents are being served to notify them that litigation is pending.

The waiver acknowledges that a resident has received the paperwork.

"I agree to save the cost to me of service of a notice in lieu of summons and an additional copy ... in this lawsuit by not requiring that I be served with judicial process," the waiver said.

Those people who don't sign the waiver might have to pay the court cost for being served by a federal marshal, according to the source. The person suggested anyone with questions contact an attorney.