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2531ROBERT D. STITSER, LTD. ATTORNEY AT LAW 241 RIDGE STREET RENO, NEVADA 89501 TELEPHONE 323-5895 September 17, 1970 a 3�6 '2'i -- Mr. K. L. Woodward, Chief Division of Water Rights State Water Resources Control Board Room 1140,. Resources Building 1416 Ninth Street Sacramento, California 95814 t,Re: Application to appropriate water, application No. 23502 by Gardner Mountain Water Company PROTEST TO 'APPL'ICATI'ON' 23502 AND TO ANY OTHER APPLICATION TO APPROPRIATE WATER IN THE TRUCKEE RIVER BASIN Dear Mr. Woodward: Reference is hereby made to the above application and to any other application to appropriate -water within the Truckee River Basin. This letter will serve as a formal protest for all such'applications upon the following grounds: 1. There is no unappropriated water remaining in the Truckee River Basin, rather the water in the Truckee River Basin has been over appropriated pursuant, to,theWfnters Doctrine granting Indian tribes suffi'ciert water to maintain a viable economy on their Indian reservations from appur- tenant waters, -in this case the Truckee River, and the 'Pyramid Lake Paiute Tribe located at the Pyramid Lake Paiute Indian Reservation at the end of the Truckee River. ,.Winters"v. United States, 207 U.S. 564 (1908)..' Further, you will note that pursuant to the various decrees that have purportedly appropriated water from the Truckee River Basin in- cluding.Lake Tahoe that there has been appropriated more than twice as much water as the water shed develops. See United States v. Orr Water Ditch Co., No. 83 (D. Nevada 1944) and -other related decrees SEP 1 6 I 1 07 Mi TO tSiAlt it ft:SO-UP:Et CONTROL:04AD BACA NMENTO • =1 2. The protestant, the Pyramid Lake Paiute Tribe, would suffer injury from the approval of the above application since every drop of water taken out of the Truckee water shed upstream 'from the Tribe's reservation causes a corresponding drop in the Tribe's lake which renders it unstable and too salty for development to provide the Tribe with the proper economy to which it is,entitled. 3. The basis of, the Pyramid Lake Paiute Tribe's water rights is the Winters Doctrine as articulated by the United States Supreme Court in the case of Winters v. United States, 207 U.S. 564 (1908); and .other methods of making a viable economy by Indians, such as fishing which would be applicable to the Pyramid Lake Tribe. 'Alaska Pacific Fisheries v: United States, 248,. U.S. 78 (1918). 4. From time immemorial and before the whiteman came to this country the Pyramid Lake Paiute Tribe used all of the waters developed in the Truckee River water shed including Lake Tahoe to provide a fishery to feed all the Indians of northern Nevada and California. Since the coming of the whiteman in the late 19th century waters developed in the Truckee River water shed have been illegally diver- ted away from the Tribe despite the Winters Doctrine; and this unlawful diversion has resulted loss in the economy to the Pyramid Lake Tribe, namely, the said fishery. However, it has been demonstrated within the past year that the fishery can be revived if the Indj`ans are allowed to have at least 350,000 acre feet to 375,000 acre feet of water per year from the ',,'Truckee River water shed to maintain their lake. Further, 'their fishery economy could be supplemented by a recreation economy which the United States Government, Department of Interior, Bureau of Out- -door Recreation says has the -highest recreation potential of any lake in Northern Nevada and Calif- ornia. 1969 Report of the Bureau of Outdoor "Recreation, page 14,. AS stated above this protest can be considered a formal pro- test to.all applications for water appropriations in the Truckee River water shed presented to your Department. Cordially yours, ofd ; •�-' Robert., D. Stitser RDS;dg cc: Gardner Mountian Water Co. To All Tribal Council Members CERTIFIED MAIL NO.556265, RETURN RECEIPT REQUESTED.