Walker Lake Legal Maneuvers Continue

by Gary Nelson

Editor's note: We often receive inquiries about the effect of water diversions on nearby Walker Lake. Although the Committee is not involved with Walker Lake issues, we have this update.

Mineral County, in which Walker Lake is located, recently sought relief from a U.S. District Court order which requires the county to personally serve legal notices to all Walker River water rights holders. Such a requirement, the county argued, would require an expensive, nationwide effort of one of the nation's poorest counties.

Mineral County argued that, instead, notice of its intent to enter into negotiations concerning the reallocation of Walker River water could be effectively accomplished by publishing notices in appropriate newspapers.

Denial of permission to publish such notice by a U.S. District Court triggered Mineral County's appeal to the U.S. Ninth Circuit Court of Appeals in San Francisco. The three person panel of Circuit Judges dismissed the appeal for lack of jurisdiction, but commented that "Indeed, this case could be a particularly attractive candidate for service by publication" The appeal was redirected to Reno for re-filing.

Walker Lake, like Mono, is one of the Great Basin's saline terminal lakes. It hosts a native fishery of Lahontan cutthroat trout as well as numerous migratory birds.

While legal efforts to secure water rights for the lake are proceeding at a glacial pace, the raging waters which destroyed over six miles of Highway 395 in the Walker Canyon this past January have caused Walker Lake to rise over three feet so far this winter.

Since no water has been allocated to Walker Lake as of yet, it only receives inflows when all upstream reservoirs and diversion facilities are filled. The past three wet winters have done just that, and they may have bought enough time to reach an agreement on this issue before the lake's fishery is once again threatened by dry winters and increasing salinity.

Gary Nelson is the Committee's Canoe Tour Supervisor and in-house humorist.

Spring 1997 Newsletter

Copyright © 1996-2007, Mono Lake Committee.

Last Updated January 07, 2007