Nevada § 538.600 - California-Nevada Interstate Compact: Ratification and approval; text

in Article XXII.> The Legislature of the State of Nevada hereby ratifies and approves the California-Nevada

Interstate Compact as set forth in this section. The provisions of the Compact shall become the law of this state upon the compact

becoming operative as provided in Article XXII of the Compact. The provisions of the California-Nevada Interstate Compact are as follows: ARTICLE I. Purposes Consistent with the provisions of the authorization Acts of the State of California

and the State of Nevada and the United States, the major purposes of this compact

are to provide for the equitable apportionment of water between the two states; to

promote interstate comity and to further intergovernmental cooperation; to protect

and enhance existing economies; to remove causes of present and future controversies;

to permit the orderly integrated and comprehensive development, use, conservation

and control of the water within the Lake Tahoe, Truckee River, Carson River, and Walker

River Basins. ARTICLE II. Definitions A. The terms “California” and “Nevada” shall mean respectively the State of California

and the State of Nevada. B. The term “commission” shall mean the administrative agency created by Article IV

of this compact. C. The term “Lake Tahoe Basin” shall mean the drainage area naturally tributary to

Lake Tahoe including said Lake or to the Truckee River upstream from the Truckee River

intersection with the western boundary of Section 12, Township 15 North, Range 16

East, Mount Diablo Base and Meridian. D. The term “Truckee River Basin” shall mean the area which naturally drains into

the Truckee River and its tributaries and into Pyramid Lake including such lake, but

excluding the Lake Tahoe Basin. E. The term “Carson River Basin” shall mean the area which naturally drains into the

Carson River and its tributaries and to the Carson River Sink, but excluding the Humboldt

River drainage area. F. The term “Walker River Basin” shall mean the area which naturally drains into the

Walker River and/or Walker Lake upstream from the intersection of the river and/or

lake in Mineral County, Nevada, with the northern township line of Tier 10 North,

Mount Diablo Base Line. G. Except as otherwise expressly provided in this compact the terms “existing,” “present”

and “presently” shall mean as of 1964. H. The term “effective date of the compact” shall be the date on which the legislation

provided for in Article XXII (1) and (2) shall become law. I. “Measured” means the determination of the relevant amount of water in cubic feet

per second or gallons per minute or acre-feet by the use of a current meter, rated

weir, rated flume, pipeline water meter, computation from contour maps, or any other

method which results in a reasonably accurate determination based on sound engineering

practices. ARTICLE III. Sovereign Relationship A. Each state shall have jurisdiction to determine, pursuant to its own laws, the

rights to the use of waters allocated to it herein; provided, however, that the right

to use such water shall be limited to such quantities of water as shall reasonably

be required for the beneficial use to be served and shall not extend to the waste

or unreasonable use of water. Such provision shall not be construed to affect the water rights laws of either state

with respect to any waters, other than the waters allocated to the state hereunder.

Each state will recognize and accept applications for such permits, licenses or other

permissions as are required by the law of the state where the application is filed

to enable the other state to utilize water allocated to such other state. This provision shall neither require nor prohibit the United States of America from

complying with provisions of state law relating to the appropriation of water allocated

to the states by this compact. B. Each state shall cooperate with the other in securing to each the right to fully

utilize the rights and privileges granted and waters allocated to each hereunder. C. The use of water by the United States of America or any of its agencies, instrumentalities

or wards shall be charged as a use by the state in which the use is made. ARTICLE IV. The California-Nevada Compact Commission A. Creation and Composition 1. There is hereby created an interstate compact commission to be designated as the

California-Nevada Compact Commission herein referred to as the commission. 2. The commission shall consist of five members from each state and one member as

representative of the United States chosen by the President of the United States who

is hereby requested to appoint such a representative. The United States member shall be ex officio chairman of the commission without vote

and shall not be a domiciliary of or reside in either state. (a) The California members of the commission shall consist of the Director of the

Department of Water Resources of the State of California, and four (4) members appointed

by the Governor of California, all of whom shall be residents of the State of California.

One of the four members so appointed shall be a resident of the Lake Tahoe Basin,

one shall be a resident of the Truckee River Basin, one shall be a resident of the

Walker River Basin and one shall be a resident of the Carson River Basin. (b) The Nevada members of the commission shall consist of the State Engineer of the

State of Nevada (who additionally shall represent all Nevada areas not otherwise represented

as herein provided), and four (4) members appointed by the Governor of Nevada, each

of whom shall be a resident of the State of Nevada and represent a specific area therein

as below defined, provided that the Governor shall not appoint any person a member

of such commission if he determines that such person has a conflicting interest in

California. One of the four members so appointed shall be a resident real property owner within

and represent the Reno-Sparks metropolitan area (including adjacent agricultural area)

and be fully qualified by knowledge and experience in connection with the water requirements

and supply for such area; the other three members so appointed shall be representative

of the common interest and goals of all water users of the area and each shall have

broad practical experience in water management, and one shall be a resident real property

owner within and represent the Walker River Basin in Nevada, another shall be a resident

real property owner within and represent the Carson River Basin in Nevada upstream

from Lahontan Reservoir, and the third shall be a resident real property owner within

and represent the area within the Truckee-Carson Irrigation District in Nevada. 3. The term of office of the four members of the commission appointed by each Governor

shall be four (4) years. The Governor of each state, upon appointment of the first members of the commission,

shall designate one member of the commission to serve for a period of one year, one

member to serve for a period of two years, one member to serve for a period of three

years, and one member to serve for a period of four years. Thereafter, members shall be appointed for the regular term of four years as the terms

expire. 4. Interim vacancy, for whatever cause, in the office of any member of the commission

shall be filled for the unexpired term in the same manner as hereinabove provided

for regular appointment. 5. The appointed members of the California-Nevada Compact Commission shall be designated

within ninety (90) days after the effective date of the compact. Within thirty (30) days after such members have been appointed and the federal representative

designated, the commission shall meet and organize. B. Finances 1. The salaries and the personal expenses of each member of the commission shall be

paid by the government he represents. All other expenses which are incurred by the commission incident to the administration

of this compact and which are not paid by the United States or by other funds received

by the commission shall be borne equally by the two states. 2. The commission shall adopt a budget covering the commission's estimate of its expenses

for each of the following two fiscal years; provided, that whenever the legislatures

of both states appropriate funds on an annual basis the commission shall submit its

budget on such annual basis. The commission shall submit said budget to the Governors of the two states for joint

review and approval and to the President of the United States at the earliest date

prescribed by the two states for submission of proposed budgets. Each state shall appropriate one-half of the funds necessary to meet said budget requirements,

which appropriations shall be made available to the commission as of July 1 of each

fiscal year for such fiscal year's operations. All unexpended and unencumbered funds from such appropriations shall be returned by

the commission in equal proportions to the states to the credit of the state fund

from which said appropriation was made. All receipts and disbursements of funds handled by the commission shall be subject

to a joint audit by the states and the report of said audit shall be included, and

become a part of the annual report of the commission. 3. The commission shall not pledge the credit of any government except by and with

the authority of the legislative body thereof given pursuant to and in keeping with

the Constitution of said government. The commission shall not incur any obligations prior to the availability of funds

adequate to meet the same. 4. The commission shall make and transmit to the Legislature and Governor of each

state and to the President of the United States an annual report covering the finances

and activities of the commission and embodying such plans, recommendations and findings

as may have been adopted by the commission. C. Meetings and Voting 1. A quorum for any meeting of the commission shall consist of six members of the

commission, provided that at least three members are present from each state. 2. All meetings of the commission for the consideration of and action on any matters

coming before the commission, except matters involving the management of internal

affairs of the commission and its staff, or involving litigation in which the commission

is a party, shall be open to the public. Matters coming within the exception of this paragraph may be considered and acted

upon by the commission in executive session under such rules and regulations as the

commission may see fit to establish. 3. Each state shall have but one vote and every decision, authorization, determination,

order or other action shall require the concurring votes of both states, provided

that no state shall vote on any action without the concurring vote of not less than

three members of the commission from such state. D. General Powers The commission shall have power to: 1. Adopt, amend and revoke bylaws, rules and regulations and prescribe procedures

for administration of the provisions of this compact. 2. Establish such offices as it deems necessary, and acquire and hold property either

by purchase, lease or otherwise as may be necessary for the performance of its functions

under this compact. 3. Employ engineering, legal, clerical and other aid as in its judgment may be necessary

for the performance of its functions. Such employees shall be paid by and be responsible to the commission and shall not

be considered to be employees of either state. The commission may establish workmen's compensation benefits directly or by insurance.

The commission is authorized to contribute to the cost of health and accident insurance

for its employees to the same extent as either state contributes to the cost of such

insurance for its employees. 4. Perform all functions required of it by this compact and to do all things necessary,

proper or convenient in the performance of its duties hereunder, either independently

or in cooperation with any state, federal or local agency or other entity or person. 5. Make such findings as are pertinent to this compact including but not limited to

findings as to the quantities of water being used in either state, the amount of water

available for use pursuant to the allocations made herein, and each state's share

of the waters allocated. 6. Install and maintain measuring devices of a type or types approved by the commission

in any stream, lake, reservoir, ditch, pumping station or other diversion works on

the Truckee, Carson or Walker Rivers or on Lake Tahoe, or on waters tributary thereto,

or to require water users at their expense to install and maintain measuring devices,

as the commission may determine necessary or proper to carry out the purposes or provisions

of this compact. The execution and enforcement of such requirements concerning such measuring devices

as shall be enacted by the commission shall be accomplished by the commission directly,

or by such federal, state, local or other official or person as the commission may

delegate, or by any other agency responsible to or representing a federal court. 7. Accept gifts of money or real property or anything of value. 8. Appoint a hearing examiner or examiners who may be members of the commission to

conduct hearings and to make recommendations to the commission on any matter requiring

a hearing and decision by the commission. 9. Obtain a right of access to all properties in the Lake Tahoe, Truckee River, Carson

River and Walker River Basins whenever necessary for the purpose of administration

of this compact. The commission may obtain a court order to enforce this right of access. 10. Take such action as it deems appropriate for the enforcement of the provisions

of this compact. 11. Administer oaths or affirmations and to compel the attendance of witnesses and

the production of documents by the use of subpoena which may be served anywhere within

the territorial limits of the United States; said power to administer oaths and affirmations

and to compel the attendance of witnesses and the production of documents by the use

of subpoena may also be exercised by any hearing examiner appointed as provided in

subsection 8 of this Section D. 12. Contract with the appropriate agency of either state, including the retirement

system, to provide retirement and other benefits to commission employees. E. Whenever the public health or welfare is endangered, the commission may declare

the existence of an emergency and, in such event, shall designate the location, nature,

cause, area, extent and duration thereof. In the event of an emergency so declared, the commission may, with respect to all

matters covered by this compact, do all things necessary, proper or convenient independently

or in cooperation with any other agency, person, or entity, to initiate, carry on,

and complete any and all remedial measures required to meet said emergency including

the adoption and enforcement of any regulations and restrictions necessary for such

purpose. ARTICLE V. Lake Tahoe Basin A. The right of the United States or its agent to store waters in Lake Tahoe between

elevations 6,223.0 and 6,229.1 feet (Lake Tahoe datum) and to release said stored

waters for beneficial uses downstream from Lake Tahoe Basin is hereby ratified and

confirmed subject to the rights granted in Section D of this article. B. It is agreed by the states subject to the consent of the head of the federal agency

having jurisdiction thereof, that an overflow weir of approximately 140 feet in length

with a crest elevation of 6,223.0 feet, Lake Tahoe datum, upstream from the Lake Tahoe

outlet gates shall be constructed and installed with necessary channel improvements

within four years from the effective date of this compact provided that should the

commission decide that it is in the best interests of each of the two states, it may

extend such period for such additional period or periods as it may deem reasonable.

The cost of this installation shall be borne by the States of California and Nevada

in equal amounts. As used herein, Lake Tahoe datum shall be measured with respect to the top surface

of the hexagonal brass bolt seven-eighths inch in diameter, projecting one inch from

the vertical face of the southerly concrete abutment wall of the present existing

Lake Tahoe Dam, at approximately 3.2 feet below the top of the wall and approximately

in line with the upstream ends of the cutwaters of the concrete piers between the

sluiceways of the dam. This surface of the brass bolt is presumed for the purposes of the compact to have

an elevation 6,230.0 feet Lake Tahoe datum, notwithstanding that it was determined

by the U.S. Geological Survey on November 15, 1960, to be at an elevation of 6,228.86

feet above sea level datum of 1929. C. The storage rights in Lake Tahoe shall be operated alone or in conjunction with

other reservoirs so as to minimize the period and duration of high and low water elevations

in Lake Tahoe, provided that exchanges of water or releases between Lake Tahoe and

other reservoirs shall not measurably impair the intended purpose of such reservoirs. D. Upon construction of the overflow weir provided for in Section B of this article,

the total annual gross diversions for use within the Lake Tahoe Basin from all natural

sources including ground water and under all water rights in said basin shall not

exceed 34,000 acre-feet annually, of which 23,000 acre-feet annually is allocated

to the State of California for use within said basin, and 11,000 acre-feet annually

is allocated to the State of Nevada for use within said basin. After use of the water allocated herein, neither export of the water from the Lake

Tahoe Basin nor the reuse thereof prior to its return to the lake is prohibited. This allocation is conditioned upon the construction of the overflow weir; however,

it is recognized that there may well be a period of time between the effective date

of the compact and the construction of the overflow weir; during that period of time

both states shall be permitted to use waters within the Lake Tahoe Basin subject to

the same conditions, both as to place of use and amounts of use, as are provided in

this Article V. E. In addition to the other allocations made by this compact, transbasin diversions

from the Lake Tahoe Basin in both states existing as of December 31, 1959, may be

continued, to the extent that such diversions are recognized as vested rights under

the laws of the state where each such diversion is made. The diversion of a maximum of 3,000 acre-feet per annum from Marlette Lake for use

in Nevada is hereby recognized as an existing transbasin diversion within the meaning

of this Section E. F. Pumping from Lake Tahoe Basin for the benefit of downstream users within the Truckee

River Basin shall be permitted only in the event of a drouth emergency as declared

by the commission to the extent required for domestic, municipal, and sanitary purposes,

and when it is determined by the commission that all other water available for such

uses from all sources is being so utilized. In the event of such declaration of emergency, use of this water for such purposes

shall have priority over use of water for any other purpose downstream from Lake Tahoe

Basin. Pumping shall be done under the control and supervision of the commission and water

pumped shall not be charged to the allocation of water to the Lake Tahoe Basin made

herein. ARTICLE VI. Truckee River Basin The following allocations of water of the Truckee River and its tributaries, including

Lake Tahoe releases, are hereby made in the following order of relative priority as

between the states: A. There is allocated to Nevada water for use on the Pyramid Lake Indian Reservation

in amounts as provided in the 1944 Truckee River Decree (Final Decree in United States

vs. Orr Ditch Company, et al. United States District Court for the District of Nevada,

Equity No. A3). By appropriate court order, the United States, for and in behalf of the Pyramid Lake

Indians shall have the right to change points of diversion, place, means, manner,

or purpose of use of the water so allocated so far as such change may be made without

injury to the allocations to either state. B. There is allocated to California: 1. The right to divert within the Truckee River Basin in California 10,000 acre-feet

of water per calendar year which may be stored in reservoirs at times when the flow

in the channel of the Truckee River at the United States Geological Survey Gauging

Station at or near the California-Nevada state line exceeds 500 cubic feet per second;

provided that such diversions shall not in the aggregate exceed 2,500 acre-feet in

any calendar month and the amount of such storage in any one reservoir, except Donner

Lake, shall not exceed 500 acre-feet of active storage capacity. 2. The amount of water as decreed to the Sierra Valley Water Company by judgment in

the case of United States vs. Sierra Valley Water Company, United States District

Court for the Northern District of California, Civil No. 5597, as limited by said

judgment. 3. Six thousand acre-feet of water annually from the conservation yield of Stampede

Reservoir having a storage capacity of 225,000 acre-feet, subject to the execution

of a contract or contracts therefor with the United States of America. California may divert all or any portion of said 6,000 acre-feet of conservation yield

from Stampede Reservoir directly or by exchanges from any source on the Truckee River

or its tributaries or from Lake Tahoe. California shall be allowed to deplete this allocation; provided, that in ascertaining

the amount of depletion, credit for return flow shall be limited to the amounts of

water which can be measured as a contribution to the Truckee River system. 4. If and when the water allocated to California in subparagraphs 1 and 3 of this

section and in Article V is being used, or such use appears imminent, the commission

shall permit California to develop additional yields of water for use in California,

either directly or by exchange subject to the following limitations: (a) All existing beneficial uses of water for domestic, municipal, industrial, and

agricultural purposes in Nevada as determined by Nevada law as of that time together

with the yield of Stampede Reservoir in excess of 6,000 acre-feet shall be recognized

and not impaired by the development of such additional yield. (b) Additional yields developed for use in California shall be limited to an amount

not to exceed an aggregate of 10,000 acre-feet annually, and such development shall

be for domestic, municipal, and industrial uses solely. California shall be allowed to deplete this allocation; provided, that in ascertaining

the amount of depletion, credit for return flow shall be limited to the amounts of

water which can be measured as a contribution to the Truckee River system. (c) The right of the commission to permit Nevada to share in such additional yield

upon participation by Nevada in bearing a proportionate cost of developing such additional

yield. C. The right to store in Prosser Creek Reservoir a maximum of 30,000 acre-feet of

water annually with the priority as set forth in California State Water Rights permit

11666 and to release water therefrom as set forth in said permit and any license which

may be issued thereunder is hereby recognized and confirmed. D. There is allocated to Nevada all water in excess of the allocations made in Sections

B and C of this article. ARTICLE VII. Carson River Basin The following allocations of water of the Carson River and tributaries are hereby

made in the following order of priority as between states: A. There is allocated to the State of California: 1. The right to divert from the natural flow of the West Fork Carson River and its

tributaries for existing nonirrigation uses, and for direct irrigation use commencing

on March 15 and ending on October 31 of each year on presently irrigable lands determined

to be approximately 5,600 acres, an aggregate flow of water equal to a 30-day average

of 3 c.f.s. per 100 acres or 168 c.f.s. for the area as a whole; provided that the

3 c.f.s. per 100-acre limitation shall not prevent greater rates of diversion for

those areas which have an established greater rate of use; provided further, however,

that the maximum aggregate diversion shall not exceed 185 c.f.s. measured at the points

of diversion. Provided, however, diversions for use downstream from the western boundary of Section

34, Township 11 North, Range 19 East, Mount Diablo Base and Meridian, shall be subject

to the following limitations: (a) Whenever, after the first Monday in May or any day in that week or alternate weeks

thereafter of any year the flow of the West Fork of the Carson River at said western

boundary shall have fallen below 175 cubic feet per second, then, until October 31

next, water users in California who divert from the West Fork of the Carson River

downstream from said western boundary shall rotate all or any portion of the natural

flow of the West Fork of the Carson River necessary to satisfy the demand of Nevada

lands with water users in Nevada every other week beginning with the week following

that in which water is used in Nevada, and during each rotation period said California

users shall be entitled to divert the natural flow of the West Fork of the Carson

River during their rotation weeks. (b) Rotation between water users in California and Nevada on the West Fork of the

Carson River may be terminated in whole or in part upon approval of the commission

for such termination, upon provision being made so that sufficient water is available

by storage or exchange to assure that the water users in Nevada will receive at the

same time the flow of water which would have been available to the Nevada water users

under rotation. (c) Stock water, domestic water, and water for fire protection purposes may be diverted

downstream from said western boundary from the natural flow of the West Fork of the

Carson River at all times by owners of irrigation water rights in California whose

lands are contiguous to the West Fork of the Carson River; provided, however, that

such diversion shall be limited to the amounts actually required to deliver water

for such purposes, and any excess over the amount so diverted shall be returned to

the West Fork of the Carson River whenever practicable. Water diverted under this provision shall not be converted to any other use. The commission or its designee shall rule on any challenge relative to the necessity

and amount of water required for such purposes. 2. The right to divert from the natural flow of the East Fork Carson River and its

tributaries for existing nonirrigation uses, and for direct irrigation use commencing

on March 15 and ending on October 31 of each year on presently irrigable lands determined

to be approximately 3,820 acres, an aggregate flow of water equal to a 30-day average

of 3 c.f.s. per 100 acres or 115 c.f.s. for the area as a whole; provided that the

3 c.f.s. per 100-acre limitation shall not prevent greater rates of diversion for

those areas which have an established greater rate of use; provided further, however,

that the maximum aggregate diversion shall not exceed 115 c.f.s. measured at the points

of diversion. 3. There is allocated to the State of California the right to store 2,000 acre-feet

of water per annum within Alpine County for supplemental use on presently irrigated

lands within said county adverse to Lahontan Reservoir but subject to all other existing

uses in Nevada. Water stored pursuant to this section remaining at the end of the year shall be deemed

to have been stored in the succeeding year. B. There is allocated to the State of Nevada: 1. The right to divert water from the natural flow of the Carson River and its tributaries

during the period commencing March 15 and ending October 31 of each year at the rate

of 3 c.f.s. per 100 acres for use on presently irrigated lands in the area above Lahontan

Reservoir determined to be approximately 41,320 acres. The rate of 3 c.f.s. per 100 acres is based on a 30-day average for the area as a

whole and shall not prevent greater rates of diversion for those areas that have an

established greater use; provided that the aggregate diversion measured at the points

of diversion shall not exceed 700 c.f.s. on the East Fork of the Carson River, 300

c.f.s. on the West Fork of the Carson River, and 220 c.f.s. on the Main Carson River

below the confluence of the East and West Forks. The combining and exchanging of the use of water between ditches and among users shall

be permitted at all times and shall be required whenever necessary in order to obtain

reasonable economy in the use of the water of the river or other streams, or in order

to give to each ditch or user a more advantageous irrigation head. 2. Subject to allocations made in subsection B.1 and Section C of this article, the

right to divert water from the Carson River for irrigation use either by direct diversion

or by storage in Lahontan Reservoir or other existing reservoirs for use on the Newlands

Project. C. There is allocated to each state the right to store water in existing reservoirs

upstream from Lahontan Reservoir to the extent of existing capacity with the appropriate

priority with respect to natural flow rights upstream from Lahontan Reservoir under

applicable state law, and use such stored waters on the lands in each state to which

the storage is appurtenant. D. Additional yields shall be available for development under the currently authorized

Washoe Project from water available in excess of existing beneficial uses recognized

by Nevada law, or under other new projects upon a determination by the commission

that there is water available on the Carson River and its tributaries in excess of

that required to satisfy existing beneficial uses in Nevada as determined by Nevada

law as of the time of authorization or construction of such new projects. Such additional yields shall be allocated between the states with equal priority,

20 percent of which shall be allocated to California and 80 percent to Nevada. Each state shall have the right to participate in any development project by bearing

a proportionate cost of such development. In the event that joint developments are found to be not feasible or desirable, each

state may develop separately its proportionate share of the remaining water. E. Except as provided by Article X of this compact, the waters of the Carson River

shall not be used in areas outside the Carson River Basin. ARTICLE VIII. Walker River Basin A. Allocation to Present Rights and Uses 1. Except as the rights of the Walker River Irrigation District may be limited by

subsections 2 and 3 below, the provisions of the decree in the case of United States

v. Walker River Irrigation District, et al., United States District Court for the

District of Nevada Equity No. C-125, filed April 15, 1936, as amended by the Order

of the Honorable A.F. St. Sure, dated April 24, 1940, hereafter called Decree C-125

are hereby recognized and confirmed. 2. The rights of the Walker River Irrigation District to store water of the West Walker

River in Topaz Reservoir with a storage capacity of 59,000 acre-feet, under Part VIII

of Decree C-125 and under any other basis of right, and to use such water, are hereby

recognized and confirmed, subject to the following: (a) The maximum quantity of water which can be diverted annually to storage is 85,000

acre-feet. No more than 85,000 acre-feet of water less reservoir evaporation can be rediverted

for use within the district annually. The 85,000 acre-feet amount so allowed to be diverted to storage and rediverted to

use include water used under direct diversion rights in Decree C-125 acquired by said

district prior to 1964. For the purpose of this provision “annually” means the period from November 1 through

October 31 of the following year. (b) The maximum rate of diversion to such reservoir under such rights is 1,000 c.f.s. (c) For the purpose of determining the availability of water to satisfy rights junior

to the Topaz Reservoir storage rights of the Walker River Irrigation District, or

for division between the states as unused water, water which has been stored, or is

available for storage in and can be physically diverted to such reservoir under such

reservoir rights but is released or is allowed to pass through the reservoir and is

not rediverted to use in Nevada, shall be deemed to have been held in storage; provided,

that until a new major storage project is constructed on the West Walker River, the

foregoing shall not apply to the extent that said district with the concurrence of

the watermaster determines, prior to the release or passing through of such water

from Topaz Reservoir in any year, that it is necessary to release or pass through

such water in order to provide storage space in Topaz Reservoir as a means of protecting

lands in Nevada against flood damage later in the year. 3. The rights of the Walker River Irrigation District to store water of the East Walker

River in Bridgeport Reservoir with a storage capacity of 42,000 acre-feet, under Part

VIII of Decree C-125 and under any other basis of right, and to use such water, are

hereby recognized and confirmed, subject to the following: (a) The maximum quantity of water which can be diverted to storage in any year is

57,000 acre-feet. No more than 57,000 acre-feet of water less reservoir evaporation can be rediverted

for use within the district in any year. The 57,000 acre-feet amounts so allowed to be diverted to storage and rediverted to

use include water used under direct diversion rights in said decree acquired by said

district prior to 1964 except for water used under such rights prior to 1964 on lands

owned by said district in Bridgeport Valley. For the purpose of this provision “year” means the period from November 1 of one calendar

year to October 31 of the following calendar year. (b) Water of the East Walker River and its tributaries may, adversely to the Bridgeport

Reservoir storage rights hereinabove recognized and confirmed, be stored upstream

from said reservoir in any year, for later use after the spring flood of the year

in which the water was so stored, under rights junior to said reservoir rights; provided,

that when the Walker River system is put on priority under Decree C-125 after the

annual spring flood, or upon demand made prior to the spring flood for water necessary

to satisfy early season demand, the watermaster shall make an accounting and water

shall be released from said upstream storage in such amounts as determined by the

watermaster to be necessary to satisfy said reservoir rights to the same extent as

they would have been satisfied in the absence of said adverse upstream storage. 4. (a) There is allocated to each state respectively the amount of existing diversions

and uses of water of the Walker River Basin diverted upstream from Weber Reservoir

and not specifically covered in Decree C-125, provided, that this allocation shall

not include water distributed under the historical administration of Decree C-125

in excess of the rights set forth in Decree C-125 to lands having rights thereunder.

In making this allocation, it is recognized that the amounts of water allocated and

the respective priorities are not presently known with certainty. The commission shall as soon as practicable after its effectuation provide for an

investigation, either with its own staff or by other agencies or persons, to ascertain

with certainty the amounts of water and priorities of such uses. As between the respective states, the priorities shall be determined as follows: In

cases of use not under state-recognized rights, the priorities shall be the date of

initiation of use; in cases of use under state-recognized rights, the priorities

shall be as provided under the law of the state where the diversion is made. Upon approval by the commission, the results of the investigation shall be binding

as to the allocation to each state hereunder. (b) In addition to rights recognized in subsection A.1 of this article there is allocated

to Nevada for use on the Walker River Indian Reservation a maximum of 13,000 acre-feet

per year for storage in Weber Reservoir and later rediversion to use and in addition

9,450 acre-feet per year to be diverted from natural flow. Both allocations shall have a priority of 1933. The season for diversion of water to storage shall be from November 1 to October 31

of the following year. The season for diversion of water directly for use shall be from March 1 to October

31 and at a maximum rate of 60 cubic feet per second. For the purpose of determining the availability of water to satisfy rights junior

to this allocation or for division between the states as unused water, water which

has been stored, or which can be physically stored or diverted to use under this allocation

but is released or is allowed to pass through Weber Reservoir and is not rediverted

to use on the Walker River Indian Reservation, shall be deemed to have been held in

storage or used; provided, that the foregoing shall not apply to the extent that

the appropriate representative of said reservation with the concurrence of the watermaster

determines prior to the release or passing through of such water from Weber Reservoir

in any year, that it is necessary to release or pass through such water in order to

provide storage space in Weber Reservoir as a means of protecting lands in Nevada

against flood damage later in the year; provided, further, that the foregoing shall

not apply to passage of water of inferior quality to the extent that such passage

may be necessary to maintain the water of suitable quality for irrigation on said

reservation as determined by the commission. Water of the Walker River and its tributaries may, adversely to the Weber Reservoir

storage rights hereinabove recognized and confirmed, be stored upstream from said

reservoir in any year, for later use after the spring flood of the year in which the

water was so stored, under rights junior to said reservoir rights; provided, that

when the Walker River system is put on priority under Decree C-125 after the annual

spring flood, or upon demand made prior to the spring flood for water necessary to

satisfy early season demand, the watermaster shall make an accounting and water shall

be released from said upstream storage in such amounts as determined by the watermaster

to be necessary to satisfy said reservoir rights to the same extent as they would

have been satisfied in the absence of said adverse upstream storage. 5. In addition to rights recognized in subsections A.1 and A.4(a) above, there is

allocated to California water of the West Walker River as follows: (a) When all direct diversion rights under Decree C-125 are being satisfied and simultaneously

water of the West Walker River is being diverted to storage pursuant to the Topaz

Reservoir storage rights recognized and confirmed in subsection 2 of this Section

A, but there is not flow in excess of that required to fully satisfy Topaz Reservoir

storage rights, diversions in Antelope Valley in excess of the amounts to which Antelope

Valley lands are entitled under Decree C-125 shall be permitted by the watermaster

for such periods and in such amounts as, in the sound professional judgment of the

watermaster, will not cause, on an overall irrigation season basis, any discernible

net reduction in the amount of water available to satisfy said Topaz Reservoir storage

rights. (b) Such excess diversions may be used only on Antelope Valley lands entitled to water

under Decree C-125 which can be served from the ditch systems existing as of the effective

date of this compact. (c) The allocation in this subsection 5 shall terminate after construction of a new

major storage project on the West Walker River upstream from Antelope Valley. B. Allocation of Unused Water 1. The term “unused water” includes all waters of the Walker River and its tributaries

in excess of the amounts allocated, or required for satisfaction of rights and uses

recognized and confirmed, as provided under Section A of this Article VIII, except

that there shall be excluded therefrom natural flow which is not physically available

above the head of Mason Valley. There is allocated to the State of California 35 percent of such unused water, and

there is allocated to the State of Nevada 65 percent of such unused water. The allocation to each state provided herein in this subsection B.1 shall be equal

in priority. (a) 1 The reregulation by storage of waters allocated for storage shall not be considered

as the development of “unused water.” 2. Neither state shall be precluded from constructing works for the control, use and

development of the water allocated pursuant to subsection B.1 of this article for

optimum use of water. 3. While separate development may be undertaken by either state for surface storage

of unused water of the West Walker River so allocated, the State Engineer of the State

of Nevada and the Department of Water Resources of the State of California shall cooperate

in a joint review of all potential developments of unused water of the West Walker

River so allocated in subsection B.1 of this Article VIII and shall prepare and present

a report of the benefits to be obtained, and other relevant data from each such development

to the commission or if the commission has not yet become operative, to the joint

commission which negotiated this compact, at a public hearing or hearings held at

times and places within the Walker River Basin set by the commission or said joint

commission. (a) Should a separate surface storage project or projects be constructed in Nevada

to develop Nevada's share of the unused water of the West Walker River, California

may thereafter store and use said unused water allocated to Nevada adverse to such

Nevada storage projects, provided that, without charge to Nevada, California makes

available for consumptive use in Nevada, water in the same amounts, at the same times,

and in the same places as would have been available for use in Nevada from such Nevada

storage projects had California not so stored and used said unused water allocated

to Nevada; and provided further that Nevada shall not be deprived of water required

for: (1) maintenance of a minimum reservoir level for the preservation of fish life

and (2) nonconsumptive uses which are found by the commission to be in the public

interest of the Walker River Basin as a whole. (b) From time to time after construction of each surface storage project upstream

from Topaz Reservoir, for development of the unused water allocated herein, the commission

shall determine the amounts of water which may be diverted and used in each state

pursuant to its allocation as the result of the construction and operation of such

project. In making such determination the commission shall compute any increase of yield of

previously constructed reservoirs which may result from operation of such project

constructed to develop unused water and shall include such increase in the amounts

of water which may be diverted and used in each of the two states pursuant to its

allocation of unused water. 4. Return flow to the Walker River or its tributaries from any source shall be deemed

to be natural flow. 5. Unused water shall be used only: (a) Within the Walker River Basin; (b) Within the portion of Artesia Lake Basin south of the northern township line of

Tier 12 North and west of a line one mile east of the eastern range line of Range

23 East, Mount Diablo Base Line and Meridian; (c) Within the portion of Mason Valley and Adrian Valley south of the northern township

line of Tier 15 North, Mount Diablo Base Line; (d) Within the area tributary to Topaz Lake; or (e) Any combination of the above areas. C. Watermaster 1. A single watermaster shall have the responsibility and power to administer: (a)

all rights and uses of water of the Walker River Basin recognized in Section A of

this Article VIII, including rights under Decree C-125, (b) the allocation between

the states provided for in this compact of water of the Walker River Basin in excess

of that necessary to satisfy such rights and uses, and (c) all rights acquired to

use water so allocated. 2. The watermaster shall be nominated by the commission as soon as practicable after

this compact goes into effect, but his appointment shall not become effective until

approved and confirmed by the Federal District Court for the District of Nevada, it

being the intent of this compact that only a person satisfactory to both the commission

and said court be the watermaster under this compact and under Decree C-125. At any time either the commission or said court may terminate the appointment of the

person serving as watermaster by adopting an appropriate resolution or order, and

notifying the other and the watermaster thereof. When a vacancy occurs by such action or by the death or resignation of the person

serving as watermaster, a successor shall be selected by the same procedure as provided

for the original appointment. 3. Until appointment of the watermaster becomes effective by approval and confirmation

of said court, either as to the original selection of the watermaster or subsequent

selections to fill a vacancy, a person designated by the commission shall have interim

responsibility and power to administer the allocation between the states referred

to in subsection 1(b) above and all rights and uses other than the rights under Decree

C-125, and the rights and uses under Decree C-125 shall be administered on an interim

basis as may be provided by said court. 4. Actions and decisions of the watermaster as to the administration of the rights

under Decree C-125 shall be subject to review and modification by said court. Actions and decisions of the watermaster as to the administration of the allocation

between the states referred to in subsection 1(b) above and of all rights and uses

other than rights under Decree C-125 shall be subject to review and modification by

the commission. 5. Said court is requested to appoint a six-member advisory board composed of one

person each representing: (1) the East Walker River Basin in California, (2) the West

Walker River Basin in California, (3) the East Walker River Basin in Nevada, (4) the

West Walker River Basin in Nevada, (5) the Main Walker River Basin in Nevada, and

(6) the Walker River Indian Reservation. The watermaster shall prepare an annual budget of proposed expenditures for personnel,

equipment, supplies, and other purposes deemed by him to be necessary to carry out

his functions. In the formulation of said budget the watermaster shall consult with said advisory

board. In the event that said advisory board is not in agreement with the budget proposed

by the watermaster, it shall so advise said court. Said budget shall require approval of both the commission and said court to become

effective. 6. The expenditures attributable to administration of the rights under Decree C-125

shall be apportioned and collected in accordance with orders of said court. The expenditures attributable to administration of all other rights and uses of the

water of the Walker River Basin under this compact shall be equitably apportioned

among, and collected from, the users thereof by the watermaster under rules and regulations

of the commission, and the commission shall have the power to enforce collection thereof

by any reasonable means, including court action in any state or federal court of appropriate

jurisdiction. The expenditures attributable to administering the allocation between the states referred

to in subsection 1(b) above shall be borne by the commission as part of the expense

under Article IV, subsection B.1 of this compact. ARTICLE IX. Ground Water and Springs A. Development and Use of Ground Water 1. Both states shall have the right to develop and use ground water within their respective

boundaries; provided that development and use of ground water in one state shall

not reduce the amount of water which the other state would have received under the

allocation herein if ground water were not developed and used. 2. In the development and use of ground water pursuant to this article, wells or other

methods of collecting underground water shall be constructed in a manner which will

assure that water will not be drawn directly from allocated surface water. In the absence of proof to the contrary made to the commission, wells drilled within

500 feet from any perennial streams which are not sealed from the surface to a depth

of at least 50 feet shall be deemed prima facie to draw directly from allocated surface

water. B. Each state shall have the right to use water from springs; provided that the use

of water from springs in one state shall not reduce the amount of water which the

other state would have received under the allocations herein if water from springs

were not used. C. Effect on Allocations 1. The commission shall have authority to take such action as it deems appropriate,

so that the allocations of water made by this compact to either state shall not be

adversely affected by ground water withdrawals or use of water from springs in the

other state. 2. If either state claims that the development and use of ground water or water from

springs in the other state reduces the amount of water which said state would have

received under its allocation if such ground water or water from springs were not

developed and used, it may file a protest with the commission in accordance with the

rules of the commission. The commission is empowered to receive evidence on any protest and make its ruling

thereon. ARTICLE X. Interbasin Transfers of Use Either state may use directly, by exchange, or otherwise its allocated waters of the

Truckee River in the Lake Tahoe Basin or the Carson River Basin, or its allocated

waters of the Carson River in the Lake Tahoe Basin or the Truckee River Basin. The commission shall have authority to take such action as it deems appropriate so

that the allocations of water made by this compact to either state shall not be adversely

affected by such use in the other state. Nothing herein shall preclude the use of Lake Tahoe as a physical facility to accomplish

the use of Truckee River waters in the Carson River watershed or Carson River waters

in the Truckee River watershed, but in no event shall the use of Lake Tahoe as such

a physical facility be inconsistent with any provision of Article V of the compact. ARTICLE XI. Suppression of Evaporation A. Either state is entitled, but not obligated to participate in any project for the

conservation of water through the suppression of evaporation. The yield of any such project shall be allocated to each state by the commission in

such proportion as shall be determined by the commission, taking into consideration

such factors as the commission deems pertinent. Such allocation of yield to each state shall be in addition to the waters allocated

to each state by other provisions of this compact. B. Subject to the power of the commission to allocate the increased yield resulting

from suppression of evaporation as set forth above, no existing property right shall

be adversely affected except by agreement with the owner, or as may be otherwise permitted

by state law. Nothing herein shall diminish or supersede any law of either state regarding water

quality, including but not limited to conditions affecting fish and wildlife. ARTICLE XII. Coordination of Reservoirs A. The commission shall have the authority to prepare plans for the coordination of

reservoirs and the method of implementation of any such plans prepared, and to approve

the same and to review and revise such approved plans from time to time as the commission

may deem appropriate. Prior to the preparation of any such plan and implementation or review or revision

thereof, the owners of all reservoirs to be affected thereby shall be given the opportunity

of participating in such preparation, review, or revision. B. Prior to the approval thereof, the commission shall provide for public hearings

concerning such a plan, review, or revision upon such notice as the commission deems

appropriate. C. Any owner of a reservoir shall have the right to refuse to participate in any such

plan, or method of implementation, or review or revision thereof, and in such event

such reservoir shall be excluded therefrom, and any plan or implementation or review

or revision concerning other reservoirs as may be approved shall not adversely affect

the use of the reservoir or the right to the use of water therefrom, which has been

excluded. D. Owners of reservoirs may develop plans for coordination thereof, but shall give

written notice to the commission at least 60 days prior to their implementation. ARTICLE XIII. Fish, Wildlife, and Recreation The use of waters for preservation, protection, and enhancement of fish, wildlife,

and recreation is hereby recognized as an inseparable part of the public interest

in the use of the waters of Lake Tahoe, Truckee, Carson and Walker River Basins in

both states, and is, therefore, beneficial. ARTICLE XIV. Nonconsumptive Use Each state may use water for nonconsumptive purposes, including but not limited to

flood control, recreation, fishery and wildlife maintenance and enhancement, and hydroelectric

power generation, provided that such uses result in no discernible reduction in the

water allocated to the other state. ARTICLE XV. Diversion and Exchange of Yield From Future Reservoirs Upon the construction of a surface storage project or projects to store unused water

herein allocated, users who become entitled to the yield therefrom may, at any point

where water is physically available, divert water to use subject to approval of the

commission and conditioned upon providing water in exchange for such diverted water

as directed by the commission, so that other users, including owners of reservoir

storage or owners of interest in waters stored, receive their entitlement of water

in time, place, and quality the same as if the diversion and exchange had not been

made. ARTICLE XVI. Change of Point of Diversion, Manner, Purpose, or Place of Use Any change of point of diversion or of manner, purpose or place of use of the waters

of the Carson, Truckee or Walker River Basins may be made in either state pursuant

to state law or applicable court decree, provided that such change shall not adversely

affect the allocation of water to the other state. Either state, if permitted by state law, may permit a change to other use of water

formerly consumed by natural subirrigation on meadows. It shall be the duty of each state to initiate proceedings before the commission if

it believes that such change in the other state would adversely affect its allocation.

In the event of the initiation of such a proceeding a commission hearing shall be

held and the person desiring the change shall have the burden of establishing that

such change would not adversely affect the allocation to the complaining state. In the event the person desiring the change does not establish that such change would

not adversely affect the allocation to the complaining state, the commission shall

enter such order as it deems appropriate to assure that the allocation to the complaining

state is not adversely affected. ARTICLE XVII. Imported Water The provisions of this compact respecting allocation of water are applicable solely

to the waters of the Truckee, Carson, and Walker River Basins and the Lake Tahoe Basin.

To the extent that either state imports into the Truckee, Carson or Walker River Basins

or the Lake Tahoe Basin water from another river or source the state making the importation

shall have the exclusive use of such imported water unless by written agreement between

the states it is otherwise provided. Nothing herein shall preclude either state from using such imported water as replacement

or exchange water to meet such conditions as may be imposed by the commission pursuant

to the provisions of this compact. ARTICLE XVIII. Compact Effect A. Each state and all persons using, claiming, or in any manner asserting any right

to the use of the waters of Lake Tahoe, Truckee River, Carson River, and Walker River

Basins, shall be subject to the terms of this compact. B. The provisions of this compact shall be self-executing and shall by operation of

law be conditions of the various state permits, licenses, or other authorizations

relating to the waters of Lake Tahoe, Truckee River, Carson River and Walker River

Basins. C. Nothing in this compact shall abridge, limit or derogate against any claim or right

of anyone to the use of water in either state within the allocations to such state

that could or may be made or established under state or federal law had this compact

not been adopted; provided, that the place of use, under any such right, of water

from any of the four basins covered by this compact shall be limited to such basin

or such other areas outside such basin as are permissible places of use of water from

such basin under this compact. D. Nothing in this compact shall be construed as granting to any person or entity

the right to divert, store, or use water. ARTICLE XIX. Violations A. Violations or threatened violations of any of the provisions of this compact which

come to the attention of the commission shall be promptly investigated by it. If after such investigation the commission determines further action is necessary

it may take such action as it deems advisable including, but not limited to, the commencement

of an action injunctive or otherwise in its own name in any court of general jurisdiction

of the state where the violation has occurred or is threatened, or the United States

District Court for the district where said violation has occurred or is threatened,

or if it is determined by the commission appropriate to do so, refer the matter with

its recommendations, if any, to an appropriate federal, state, or local official or

agency or board for action. B. In any action concerned with any matter in which the commission has made a decision,

the findings of the commission shall constitute prima facie evidence of the facts

found. ARTICLE XX. Recourse to Courts Nothing in this compact shall be construed to limit or prevent either state or any

person or entity from instituting or maintaining any action or proceeding, legal or

equitable, in any court of competent jurisdiction for the protection of any right

under this compact or the enforcement of its provisions, provided that in all matters

in which the commission is given jurisdiction by this compact to make a decision no

such court action shall be commenced until the matter has been submitted to the commission

for decision and decided by it, unless a decision by the commission has been unreasonably

delayed. ARTICLE XXI. Nonimpairment of Rights of United States Except as provided in Article XXII nothing in this compact shall be construed as: A. Affecting the obligations of the United States to the Indians and Indian tribes,

or any right owned or held by or for Indians or Indian tribes which is subject to

the jurisdiction of the United States. B. Affecting any rights or powers of the United States of America, its agencies or

instrumentalities in or to the waters of the Truckee, Carson, or Walker River Basins

or the Lake Tahoe Basin, or its capacity to acquire rights in and to the use of said

waters. C. Subjecting any property of the United States, its agencies or instrumentalities

to taxation by either state or subdivision thereof. D. Subjecting any property of the United States of America, its agencies or instrumentalities

to the laws of any state to an extent other than the extent to which such laws would

apply without regard to this compact. ARTICLE XXII. Ratification and Consent This compact shall become effective when, but only if: (1) It shall have been ratified by acts of the Legislature of each of the States of

California and Nevada; (2) It shall have been consented to by act of Congress of the United States; and (3) Congress provides in its consent legislation or by separate legislation that the

following provisions of the compact shall be binding on the agencies, wards, and instrumentalities

of the United States of America: Article V, Section D Article V, Section F Article VI, Subsection B.1 Article VI, Subsection B.3 Article VI, Subsection B.4 Article VI, Section D Article VII, Section A Article VII, Section B Article VII, Section C Article VII, Section D Article VII, Section E Article VIII, Subsection A.4(b) Article VIII, Subsection B.1 Article VIII, Subsection B.5 ARTICLE XXIII. Termination This compact may be terminated any time by legislative consent of both states, but

notwithstanding such termination all rights then established hereunder or recognized

hereby shall continue to be recognized as valid. In witness whereof the commissioners have executed six counterparts hereof, each of

which shall be and does constitute an original and one shall be deposited with the

Administrator of General Services of the United States of America, and two of which

shall be forwarded to the Governor of each signatory state, and one of which shall

be made a part of the permanent records of the California-Nevada Compact Commission. 1

So in original.