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News Release City of Fernley City Manager’s Office Voice (775) 784-9851 Fax (775) 784-9869 [EMAIL REDACTED] 10/26/09 www.cityoffernley.org FOR IMMEDIATE RELEASE FERNLEY WATER RIGHTS DECLARED VALID Fernley, NV – October 26, 2009 – On October 22, 2009, a federal court order was released in which Fernley prevailed on numerous motions related to the Pyramid Lake Paiute Tribe’s Orr Ditch Petition. The Petition challenges a significant amount of water rights on the basis that the rights were forfeited and/or abandoned. Judge George’s order makes clear that water rights owned by Fernley are not subject to the Petition, and as a result, cannot be challenged based on allegations of forfeiture or abandonment. Multiple motions that were filed by the Tribe were considered by the Court. The motions were denied, and the Court clarified that “Fernley is not a respondent,” to the Petition. This decision makes clear that water rights that were originally subject to the Petition but have been sold by the original owner are not subject to the Petition. Again, any water rights owned by Fernley are not subject to the Petition. Fernley prevailed in the Petition litigation that began over sixteen years ago. The Tribe sought every means possible to make Fernley’s water rights declared not valid, but a federal court has now made it clear that the Tribe cannot do so. Because Fernley’s water rights are not subject to the Petition, the Tribe cannot validly assert protests based on forfeiture or abandonment to Fernley’s change applications before the State Engineer. Fernley always believed that to be the case, and after reviewing the extensive legal briefs filed by Fernley and the Tribe, the Orr Ditch Court has sided with Fernley. For more information, contact City Attorney, Paul Taggart at [PHONE REDACTED]. -End-