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Before the state engineer of the state of nevada


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BEFORE THE STATE ENGINEER OF THE STATE OF NEVADA



In the Matter of Application Nos. 53987-53992, inclusive, filed by the Las Vegas Valley Water District to Appropriate the Underground Waters of the Cave Valley, Dry Lake Valley and Delamar Valley Hydrographic Basins (180, 181, 182), Lincoln County, Nevada
LIST OF WITNESSES,

SUMMARIES OF WITNESSES’ TESTIMONY AND LIST OF EXHIBITS



1The United States Department of the Interior, for and on behalf of the U.S. Fish and Wildlife Service (Service), the Bureau of Land Management (BLM), the Bureau of Indian Affairs (BIA) and the National Park Service (NPS), hereby submits the following List of Witnesses, Summaries of Witnesses’ Testimony and List of Exhibits, as its Initial Exchange, to be presented at the administrative hearing scheduled for the above captioned matter. Included in this filing are hard copies of all exhibits which consist of the original and one copy for the Office of the State Engineer in Carson City and one copy for the Office of the State Engineer in Las Vegas along with computer compact disks that include this list in Microsoft Word and all exhibits in PDF format as required by the Intermediate Order No. 1 and Hearing Notice, dated October 4, 2007.



List of Witnesses and Summary of Witness Testimony

The United States Department of the Interior may call the following witnesses at the administrative hearing:



  1. Timothy Mayer, Ph.D., Hydrologist, United States Fish and Wildlife Service.

Dr. Mayer may testify as an expert witness regarding the hydrology of the White River Flow System, focusing on White River Valley, Cave Valley, Pahranagat Valley, Dry Lake Valley, Delamar Valley, Coyote Spring Valley, and the Muddy River Springs Area. Dr. Mayer may testify to the present water budget estimates from several studies and information on water right appropriations in the individual basins. He may also testify to the water budget and water right information along with information from recent rulings by the State Engineer regarding the extent of ground water appropriation in Dry Lake, Delamar and downgradient basins and the potential impacts to senior water rights and biological resources of the Service in Pahranagat and/or the Muddy River Springs Area. Dr. Mayer may additionally testify to the potential impacts to Service resources from any pumping in Cave Valley. Dr. Mayer may also testify to potential limitations and phasing of ground water development and appropriate monitoring and mitigation to protect biological resources.

2. Steven Caicco, Botanist, United States Fish and Wildlife Service. Mr. Caicco may testify as an expert regarding wetland hydrology, phreatophytic and hydrophytic vegetation, and hydric soils and the potential effects of ground water withdrawal on wetland, deepwater, riparian and phreatophytic habitats. This testimony may include in general the hydrological needs of wetland and riparian plant species, including the relationships between flow magnitude, timing, frequency, and duration and the sustainability of riparian and wetland ecosystems in the White River flow system.

3. Jeri Krueger, Fish and Wildlife Biologist, United States Fish and Wildlife Service. Ms. Krueger may testify as an expert regarding the ecology and management of the southwestern willow flycatcher and other migratory birds, the Service’s role and responsibility in protecting birds listed under the Endangered Species Act and migratory birds, the purposes and importance of Pahranagat National Wildlife Refuge and riparian habitat in the Pahranagat Valley to migratory birds, and the potential effects of the proposed groundwater withdrawal on the southwestern willow flycatcher and other migratory birds. Ms. Krueger may also testify to the importance of the flycatcher population in Pahranagat Valley in meeting recovery goals for the species; the characteristics of riparian vegetation that are important for maintaining suitable breeding habitat for flycatchers; and how those characteristics may be potentially affected by depleting groundwater resources. Additionally, Ms. Krueger may testify to how changes in riparian vegetation from groundwater depletion may potentially affect bird abundance, species richness, and species composition of migratory bird populations in Pahranagat Valley.

4. Gary Scoppettone, Fishery Biologist, Western Fisheries Research Center, United States Geological Survey. Mr. Scoppettone may testify as an expert regarding native fishes in White River and Pahranagat Valleys and the Muddy River Springs Area, including their status and distribution, life history and habitat use, and the potential effects on these fish from reduction in spring discharge, habitat, water volume and other impacts.

5. Annalaura Averill-Murray, Fish and Wildlife Biologist, United States Fish and Wildlife Service. Ms. Averill-Murray may testify as a factual witness regarding the distribution, ecology, status, and conservation of springsnails in Hydrographic Basins that may be affected by the proposed groundwater withdrawal, specifically focusing on Cave Valley, Dry Lake Valley, White River Valley, and Pahranagat Valley.

6. Kevin DesRoberts, Deputy Project Leader, Desert National Wildlife Refuge Complex, United States Fish and Wildlife Service. Mr. DesRoberts may testify to the establishment, purposes, management, habitat and resources related to the Pahranagat National Wildlife Refuge, and in particular the importance of water, its source and quantity, and related resources of the Wildlife Refuge.

7. Robert Williams, Field Supervisor, Nevada Fish and Wildlife Office, United States Fish and Wildlife Service. Mr. Williams may testify about the mission of the Service, the various mandates and regulations that the Service operates under, other appropriate federal mandates and regulations, and the relationship between these mandates and the Service’s concerns for natural resources in: 1) Cave, Dry Lake, and Delamar Valleys; 2) neighboring basins that receive subsurface flow from the aforementioned basins, including White River Valley and Pahranagat Valley; and 3) other hydrographic basins in the White River Flow System, including the Muddy River Springs Area. Mr. Williams may also testify regarding existing Memorandums of Agreement/Understanding with other land and resource management agencies that may have bearing on management of natural resources in these basins.

8. Robert Boyd, State Program Lead for Soil, Water, Air, and Riparian Programs,

Nevada State Office, Bureau of Land Management. Mr. Boyd may testify on BLM

Public Land management policy; BLM water-rights management; BLM resource issues

related to water development in Dry, Delamar, Cave and adjacent valleys; ground-water

availability in each of these valleys; and potential impacts to water-dependent ecosystems

in each of these valleys from proposed ground-water pumping.

9. Paul Podborny, Natural Resource Specialist, Ely Field Office, Bureau of Land

Management. Mr. Podborny may testify as a factual witness on the distribution of water

dependent ecosystems in Dry, Delamar, Cave and adjacent valleys; BLM management of

wildlife, vegetation, and sensitive species; and the occurrence of wildlife and vegetation in each

of these valleys.

10. Ray Roessel, Hydrologist, Bureau of Indian Affairs. Mr. Roessel may testify to the

location, establishment, purposes, environment, water rights and land and water resources and

potential impacts to them from the proposed pumping related to the Moapa Paiute Reservation

and the Ely Indian Colony.

11. Catherine Wilson, Supervisory Water Rights Specialist, Bureau of Indian Affairs. Ms.

Wilson may testify to the location, establishment, purposes, environment, water rights and land

and water resources related to the Moapa Paiute Reservation and the Ely Indian Colony.

12. William P. Van Liew, P.E. Hydrologist, National Park Service, Natural Resources Center, Water Resources Division. Mr. Van Liew may testify as a factual witness about the hydrogeology of the regional carbonate-rock aquifer system in east-central and southern Nevada; the hydrologic connection of the aquifer(s) beneath Cave Valley, Dry Lake Valley, and Delamar Valley with this regional carbonate-rock aquifer system; and the potential cumulative effects of ground-water pumping from these and other hydrographic basins within the regional carbonate-rock aquifer system on drawdown throughout the aquifer system and on the depletion of the flow of regional springs, as estimated by the U.S. Geological Survey (Schaefer and Harrill, 1995).



List of Exhibits


  1. Expert witness report, Timothy Mayer, Ph.D. Hydrologic Assessment of SNWA Water Right Applications for Delamar, Dry Lake, and Cave Valleys in the White River Flow System.




  1. Curriculum Vitae for Timothy Mayer.




  1. Bredehoeft. 1997. Safe yield and the Water Budget Myth.




  1. Burbey. 1997. Hydrogeology and Potential for Ground-water Development, Carbonate-Rock Aquifers, Southern Nevada and Southeastern California. (excerpts)




  1. Eakin. 1966. A Regional Interbasin Groundwater System in the White River Area, Southeastern Nevada.




  1. Flint et al. 2004. Fundamental concepts of recharge in the desert southwest: a regional modeling perspective. (excerpts)




  1. Kirk and Campana. 1988. Simulation of groundwater flow in a regional carbonate-alluvial system with sparse data: the White River Flow System, southeastern Nevada. (excerpts)




  1. Kirk and Campana. 1990. A deuterium-calibrated groundwater flow model of a regional carbonate-alluvial system.




  1. LVVWD. 2001. Water resources and ground-water modeling in the White River and Meadow Valley Flow Systems. (excerpts)




  1. Mayer and Congdon. 2007. Evaluating climate variability and pumping effects in statistical analyses.




  1. Prudic et al. 1993. Conceptual evaluation of regional ground-water flow in the carbonate-rock province of the Great Basin, Nevada, Utah, and adjacent states. (excerpts)




  1. Sophocleous. 1997. Managing water resource systems: why “safe yield” is not sustainable.




  1. BARCASS plate 2, 2007.




  1. Hydrographic Basins of interest- map.




  1. Regional springs and proposed pumping sites- map.




  1. Expert witness report, Steven Caicco. Potential effects of groundwater withdrawal on wetland, deepwater, and riparian habitats.




  1. Curriculum Vitae for Steven Caicco.




  1. Chambers and Miller. 2004. Restoring and maintaining sustainable riparian ecosystems: the Great Basin Ecosystem Management Project. (excerpts)




  1. Charlet, D.A. 2006. Effects of interbasin water transport on ecosystems of Spring Valley, White Pine County, Nevada.




  1. Cooper et al. 2006. Effects of long-term water table drawdown on evapotranspiration and vegetation in an arid region phreatophyte community. (excerpts)




  1. Cowardin et al. 1979. Classification of wetlands and deepwater habitats of the United States.




  1. Fenner et al. 1985. Effects of regulated water flows in regeneration of Fremont cottonwood.




  1. Lanner, R.M. 2006. The effect of groundwater pumping proposed by the Southern Nevada Water Authority in the “Swamp Cedars” (Juniperus scopulorum) of Spring Valley, Nevada.




  1. Lite and Stromberg. 2005. Surface water and ground-water thresholds for maintaining Populus-Salix forests, San Pedro River, Arizona.




  1. Miller et al. 1982. Water relations in soils as related to plant communities in the Ruby Valley, Nevada.




  1. National Research Council. 2002. Riparian areas: functions and strategies for management. (excerpts)




  1. Natural Resources Conservation Service (NRCS) 2007. Soil Data Mart.




  1. Naumberg et al. 2005. Phreatophytic vegetation and groundwater fluctuations: a review of current research and application of ecosystem response modeling with an emphasis on Great Basin vegetation.




  1. Reed. 1988 National list of plant species that occur in wetlands: 1988 national summary and 1993 supplement.




  1. Richter et al. 1996. A method for assessing hydrologic alteration within ecosystems.




  1. Scott et al. 1996. Fluvial process and the establishment of bottomland trees.




  1. Smith. 1997. Current knowledge and conservation status of Phacelia parishii A. Gray (Hydrophyllaceae) in Nevada.




  1. Tiner. 1991. The concept of a hydrophyte for wetland identification.




  1. U.S. Army Corps of Engineers. 2006. Interim regional supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region.




  1. U.S. Army Corps of Engineers. 1987. Wetlands Delineation Manual.




  1. U.S. Department of Agriculture Soil Conservation Service (USDA-SCS). 1994. Changes in Hydric Soils of the United States.




  1. U.S. Fish and Wildlife Service. 1997. A System for Mapping Riparian Areas in the Western United States. (excerpts)




  1. U.S. Fish and Wildlife Service. 1991. Survey for four federal candidate plants: Parish’s phacelia (Phacelia parishii), Mohave monkeyflower (Mimulus mohavensis), Barstow wooly sunflower (Eriophyllum mohavensis), and Lane Mountain milkvetch (Astragalus jaegerianus) in the Ft. Irwin/BLM Land Acquisition Study Area.




  1. Expert witness report, Jeri Krueger. Status of the Southwestern Willow Flycatcher in the White River Drainage, Nevada.




  1. Curriculum Vitae for Jeri Krueger.




  1. BioWest, Inc. 2005. Meadow Valley Wash Post-flood Vegetation Assessment.




  1. Brodhead. 2005. The influence of riparian-canopy structure and coverage on the breeding distribution of the southwestern willow flycatcher.




  1. Browning. 1993. Comments on the taxonomy of Empidonax traillii (willow flycatcher).




  1. Durst et al. 2006. Southwestern willow flycatcher breeding site and territory summary – 2005.




  1. Kirkpatrick et al. 2007. Quantifying impacts of groundwater withdrawal on avian communities in desert riparian woodlands of the southwestern U.S.




  1. Koronkiewicz et al. 2006. Southwestern willow flycatcher surveys, demography, and ecology along the lower Colorado River and tributaries, 2005. (excerpts)




  1. Marshall and Stoleson. 2000. Status, ecology, and conservation of the southwestern willow flycatcher.




  1. McLeod et al. 2007. Southwestern Willow Flycatcher surveys, demography, and ecology along the lower Colorado River and tributaries, 2006. (excerpts)




  1. Nevada Department of Wildlife. 2003. Breeding status and surveys for the southwestern willow flycatcher and yellow-billed cuckoo at sites in southern Nevada.




  1. Nevada Department of Wildife. 2007. Southwestern willow flycatcher and yellow-billed cuckoo 2006 survey and monitoring report for select sites in southern Nevada.




  1. Paradzick. 2005. Southwestern willow flycatcher habitat selection along the Gila and lower San Pedro Rivers, Arizona: Vegetation and hydrogeomorphic considerations.




  1. Phillips. 1948. Geographic variation in Empidonax traillii. (excerpts)




  1. SWCA Environmental Consultants. 2005. Survey for southwestern willow flycatchers along Las Vegas Wash, Clark County, Nevada.




  1. Unitt. 1987. Empidonax traillii extimus: an endangered subspecies.




  1. U.S. Fish and Wildlife Service. 1995. Final rule determining endangered status for the southwestern willow flycatcher.




  1. U.S. Fish and Wildlife Service. 1997. Final determination of critical habitat for the southwestern willow flycatcher.




  1. U.S. Fish and Wildlife Service. 2002. Southwestern Willow Flycatcher Recovery Plan. (excerpts)




  1. U.S. Fish and Wildlife Service. 2005. Designation of critical habitat for the southwestern willow flycatcher: Final Rule.




  1. Expert witness report, Jeri Krueger. Migratory birds on Pahranagat National Wildlife Refuge, Nevada.




  1. Ammon. 2004. Nevada Bird Count: 2003 Status Report.




  1. Deacon et al. 2007. Fueling Population Growth in Las Vegas: How Large-scale Groundwater Withdrawal Could Burn Regional Biodiversity.




  1. Reserved




  1. Elpers, M.J. (chair). 2002. Coordinated Implementation Plan For Bird Conservation in Nevada.




  1. Floyd, T., C.S. Elphick, G. Chisholm, K. Mack, E.M. Ammon, J.D. Boone. 2007. Atlas of the Breeding Birds of Nevada. (excerpts)




  1. Johnson et al. 2007. Yellow-billed cuckoo distribution, abundance, and habitat use along the lower Colorado and tributaries, 2006 annual report. (excerpts)




  1. McIvor. 2005. Important Bird Areas of Nevada. (excerpts)




  1. Reserved




  1. Neel, L.A. 1999. Nevada Partners in Flight Bird Conservation Plan. (excerpts)




  1. Rich et al. 2004. Partners in Flight North American Landbird Conservation Plan. (excerpts)




  1. U.S. Fish and Wildlife Service. 2001. Endangered and Threatened Wildlife and Plants; 12-Month Finding for a Petition to list the Yellow-billed Cuckoo (Coccyzus americanus) in the Western Continental United States.




  1. Western Regional Climate Center, Desert Research Institute, Division of Atmospheric Sciences (Western Regional Climate Center). 2007. Western U.S. Historical Climate Summaries for Pahranagat NWR, Nevada.




  1. 16 USC § 703-712, Protection of Migratory Game and Insectivorous Birds




  1. 16 USC § 715-715r.




  1. 50 CFR § 10.13 List of Migratory Birds.




  1. Curriculum Vitae for Kevin DesRoberts.




  1. Pahranagat National Wildlife Refuge brochure.




  1. Pahranagat National Wildlife Refuge MBCC approval. 1963.




  1. Federal Register. 1963. Notice of proposed withdrawal and reservation of lands, amendment.




  1. U.S. Department of the Interior. 1963. News Release - Establishment of Pahranagat National Wildlife Refuge.




  1. U.S. Department of Interior. 1964. Withdrawing lands for Pahranagat National Wildlife Refuge; partly revoking Executive Order No. 7373 of May 20, 1936.




  1. Pahranagat National Wildlife Refuge legal and management history of lands.




  1. Maxwell. 2007. Electronic correspondence regarding montane vole and northern leopard frog on Pahranagat National Wildlife Refuge.




  1. Crawford. 2006. Results from mammal surveys at Pahranagat National Wildlife Refuge.




  1. Crawford. 2006. Pahranagat National Wildlife Refuge small mammal survey data, August.




  1. Jaeger. 2001. Rediscovering Rana onca: evidence for phylogenetically distinct leopard frogs from the border region of Nevada, Utah, and Arizona.




  1. Pahranagat National Wildlife Refuge Trip Report, October 2007.




  1. Curriculum Vitae for Annalaura Averill-Murray.




  1. Hershler. 1998. A systematic review of the hydrobiid snails (Gastropoda: Rissooidea) of the Great Basin, western United States. Part I. Genus Pyrgulopsis. (excerpts)




  1. Hershler. 1999. A systematic review of the Hydrobiid snails (Gastropoda: Rissooidea) of the Great Basin, western United States. Part II. Genera Colligyrus, Eremopyrgus, Fluminicola, Pristinicola, and Tryonia. (excerpts)




  1. Hershler et al. 1999. Biogeography in the Death Valley region: evidence from springsnails (Hydrobiidae: Tryonia).




  1. Hershler and Sada. 2002. Biogeography of Great Basin aquatic snails of the genus Pyrgulopsis.




  1. Liu et al. 2003. Mitochondrial DNA sequences reveal extensive cryptic diversity within a western American springsnail.




  1. Mehlhop. 1996. Ecology and conservation needs of Hydrobiid snails.




  1. Sada. 2005. Abundance, distribution, and habitat use of the Grand Wash springsnail (Pyrgulopsis bacchus) , Grand Canyon-Parashant National Monument, Arizona.




  1. Sada and Pohlmann. 2006. U.S. National Park Service Mojave Inventory and Monitoring Network spring survey protocols: level I and level II. DRAFT. (excerpts)




  1. Sada and Vinyard. 2002. Anthropogenic changes in biogeography of Great Basin aquatic biota.




  1. Memorandum of Understanding concerning the conservation of springsnails in the Great Basin.




  1. Factual witness testimony, Annalaura Averill-Murray. Springsnail (family Hydrobiidae) Distribution and Habitat Requirements in Hydrographic Basins Potentially Affected by the Proposed Groundwater Withdrawal in Cave, Dry Lake, and Delamar Valleys.




  1. Moapa Valley National Wildlife Refuge brochure.




  1. Department of the Interior. 1967. Native Fish and Wildlife, Endangered Species. 32 FR 4001.




  1. U.S. Fish and Wildlife Service. 1996. Recovery Plan for the rare aquatic species of the Muddy River System.




  1. U.S. Fish and Wildlife Service. 2006. Intra-Service Programmatic Biological Opinion for the proposed Muddy River MOA regarding the groundwater withdrawal of 16,100 afy from the regional carbonate aquifer in Coyote Spring Valley and California Wash, and establish conservation measures for the Moapa dace, Clark County, Nevada.




  1. Pahranagat National Wildlife Refuge map.




  1. National Wildlife Refuge Administration Act, as amended, 16 U.S.C. section 668dd.




  1. Endangered Species Act, Pub. Law 93-205, 16 U.S.C. section 1531, et. seq.




  1. Classification and Taking of Wildlife, NRS 503.0001 through NRS 503.104.




  1. Reserved




  1. Protection of Bald and Golden Eagles, Pub. Law 86-70, 16 U.S.C. section 668, et. Seq.




  1. Expert witness testimony, Gary Scoppettone. Ichthyologic assessment of SNWA water right application for Delamar, Dry Lake, and Cave Valley in the White river Flow System.




  1. Curriculum Vitae for Gary Scoppettone




  1. Booker. 2004. Predicting juvenile salmonid drift-feeding habitat quality using a three-dimensional dyraulic-bioenergetic model.




  1. Deacon. 1979. Endangered and threatened fishes of the West. (excerpt from The Endangered Species: A symposium)




  1. Miller and Hubbs. 1960. The spiny-rayed cyprinid fishes (Plagopterini) of the Colorado River system.




  1. Miller et al. 1989. Extinction of North American fishes during the past century.




  1. Minckley. 1973. Fishes of Arizona. (excerpt)




  1. Minckley and Deacon. 1968. Southwest fishes and the enigma of “endangered species.”




  1. Moyle and Nichols. 1973. Ecology of some native and introduced fishes of the Sierra Nevada Foothills in central California.




  1. Scoppettone. 1988. Growth and longevity of the cui-ui and longevity of other catostomids and cyprinids in western North America.




  1. Scoppettone et al. 1992. Life history, abundance, and distribution of Moapa dace (Moapa coriacea).




  1. Scoppettone et al. 2004. Conservation, status, and life history of the endangered White River spinedace Lepidomeda albivallis (Cyprinidae).




  1. Scoppettone and Rissler. 2002. Status of the Preston White River springfish (Crenichthys baileyi albivallis).




  1. Scoppettone et al. 2004. A fish survey of the White River, Nevada.




  1. Smith. 1981. Effects of habitat size on species richness and adult body sies of desert fishes. (excerpt)




  1. Tanner. 1950. A new species of Gila from Nevada (Cyprinidae).




  1. Tuttle and Withers. 1990. Status and life history of Pahranagat River Fishes.




  1. U.S. Fish and Wildlife Service. 1991. Endangered and threatened wildlife and plants: animal candidate review for listing as endangered or threatened species, proposed rule.




  1. Williams and Wilde. 1981. Taxonomic status and morphology of isolated populations of the White River springfish, Crenichthys baileyi (Cyprinodontidae).




  1. U.S. Fish and Wildlife Service. 1998. Recovery plan for the aquatic and riparian species of Pahranagat Valley.




  1. U.S. Fish and Wildlife Service. 1994. White River spinedace recovery plan.




  1. La Rivers. 1962. Fishes and fisheries of Nevada. (excerpt)




  1. Courtenay et al. 1985. Comparative status of fishes along the course of the pluvial White River, Nevada.




  1. Minckley. 1973. Fishes of Arizona. (excerpt)




  1. U.S. Fish and Wildlife Service. 1985. Endangered and threatened wildlife and plants: final rule to determine endangered status and critical habitat for the white river springfish and the Hiko white river springfish.




  1. U.S. Fish and Wildlife Service. 1970. Conservation of Endangered Species and other Fish and Wildlife.




  1. Scoppettone. 1993. Interactions between native and nonnative fishes of the upper Muddy River, Nevada.




  1. U.S. Fish and Wildlife Service. 1985. Endangered and threatened wildlife and plants: determination of endangered status and designation of critical habitat for the White River Spinedace.


637-697 Reserved
698 Schaefer and Harrill. 1995. Simulated effects of proposed ground-water pumping in 17 basins of east-central and southern Nevada.
699 Prudic et al. 1995. Conceptual evaluation of regional ground-water flow in the carbonate-rock province of the Great Basin, Nevada, Utah, and adjacent states.
700 Selected pages from Nevada State Engineer Rulings 5712, 5560, 3225, 5465, 5115, 3640 and Order 1169.
701-800 Reserved
801 Nevada BLM sensitive species list
802 State Engineer Reconnaissance Series Report Number 13
803 State Engineer Reconnaissance Series Report Number 16
804 State Engineer Reconnaissance Series Report Number 21
805 BLM Ely Field Office Proposed Resource Management Plan (chapter 3.3)
806 BLM Ely Field Office Proposed Resource Management Plan (chapter 3.5)

807 BLM Ely Field Office Proposed Resource Management Plan (chapter 3.6)
808 BLM Ely Field Office Proposed Resource Management Plan (chapter 3.7)
809 BLM Ely Field Office Proposed Resource Management Plan (chapter 3.8)
810 BLM Ely Field Office Proposed Resource Management Plan (chapter 3.16)
811 USGS BARCASS Report to Congress (OFR 2007-1156)
812 BLM National Sage Grouse Habitat Conservation Strategy
813 Basin Summary by Use-White River Valley
814 Basin Summary by Application-White River Valley
815 Basin Summary by Use-Cave Valley
816 Basin Summary by Application-Cave Valley
817 Basin Summary by Use-Dry Lake Valley
818 Basin Summary by Application-Dry Lake Valley
819 Basin Summary by Use-Delamar Valley
820 Basin Summary by Application-Delamar Valley
821 Basin Summary by Use-Lake Valley
822 Basin Summary by Application-Lake Valley
823 Basin Summary by Use-Pahranagat Valley
824 Basin Summary by Application-Pahranagat Valley
825 Map Showing Wild Horse and Burro Herd Management Areas, Ely Field Office
826 Map Showing Springs and Perennial Streams, Ely Field Office
827 Map Showing Sage Grouse Range and Leks, Ely Field Office
828 Map Showing Sage Brush Distribution on Public Lands, Ely Field Office
829 Map Showing Livestock Grazing Allotments, Ely Field Office
830 Map Showing Special Status Species, Ely Field Office
831 Map Showing Land Administrative Status, Ely Field Office
832 Hydrologic Abstract Showing BLM Water Rights-Cave Valley
833 Hydrologic Abstract Showing BLM Water Rights-Dry Lake Valley
834 Hydrologic Abstract Showing BLM Water Rights-Delamar Valley
835 Text of Lincoln County Land Act
836 Text of Federal Land Policy Management Act
837-899 Reserved
900 Map of Ely Shoshone Indian Reservation
901 Act of June 27, 1930, 46 Stat. 820. – Establishment of Reservation
902 February 14, 1931 - 46 Stat. 1122. – Monies available for purchase of additional land for Reservation.
903 Act of November 18, 1977, 91 Stat. 1406, Public Law 95-191 – Land added to Reservation.
904 Act of December 20, 2006, 120 Stat. 3042, Public Law 109-432. Added 3,526 acres to Reservation.
905 Map of Moapa Paiute Indian Reservation.
906 Excerpt from Kappler’s Laws and Treaties, Vol. I, pages 866-868.
907 Excerpt from United States Statutes a Large, Vol. XVIII, Part 3, page 445.
908 Excerpt from Kappler’s Laws and Treaties, Vol. III, pages 681-684.
909 Act of December 2, 1980, 94 Stat. 2561, Public Law 96-491.
910 Letter dated October 17, 1913, to Mr. Pittmen, U.S. House of Representatives, from Commissioner Cato Sells.
911 Letter dated October 15, 1926, to Governor Scrugham from Commissioner Burke.
912 Order of Determination of Relative Rights to the Waters of the Muddy River and Its Tributaries, dated 1920.
913 Decree, In the Matter of the Determination of the Relative Rights in and to the Waters of the Muddy River and Its Tributaries in Clark County, State of Nevada, dated March 12, 1920.
914 2006 Warm Springs/Muddy River Agreements.
Dated: November 15, 2007 Respectfully submitted,


STEPHEN R. PALMER

Office of the Regional Solicitor

U.S. Department of the Interior

2800 Cottage Way, Room E-1712

Sacramento, CA 95825

Telephone: (916) 978-5683

Telefax: (916) 978-5694


Attorney for: U.S. Fish and Wildlife Service

Bureau of Land Management

Bureau of Indian Affairs

National Park Service



CERTIFICATE OF SERVICE

RE: In the Matter of Application Nos. 53987-53992


I, the undersigned, declare that I am a citizen of the United States, over the age of eighteen, and I am not a party to this proceeding. On November 15, 2007, I served the following:

List of Witnesses, Summaries of Witnesses’ Testimony and List of Exhibits”


by placing two (2) of the foregoing document, together with a compact computer disk, enclosed in a sealed box via Federal Express mail at Reno, Nevada to the following:
State Engineer of Nevada

State of Nevada

Division of Water Resources

901 S. Stewart Street, Suite 2002

Carson City, Nevada 89701

775-684-2800


by placing the foregoing document, together with a compact computer disk, enclosed in a sealed box via Federal Express mail at Reno, Nevada to the following:
State Engineer of Nevada

Las Vegas Office

400 Shadow Lane, Suite 201

Las Vegas, NV 89106

702-486-2770
by placing the foregoing document, enclosed in a sealed box via Federal Express mail at Reno, Nevada to the following:

Paul Taggart

Taggart & Taggart

108 Minnesota St.

Carson City, NV 89703

775-882-9900


Rich Berley

Ziontz, Chestnut, Varnell, Berley & Slonim

2010 Fourth Ave. Ste. 1230

Seattle, WA 98121

206-448-1230

Simeon Herskovits

Advocates for Community Environment

129-C Kit Carson Road

Taos, NM 87571

505-758-7202

George Benesch

190 W. Huffaker Lane

Suite 408

Reno, NV 89511-2092

775-827-3100



I certify that the foregoing is true under penalty of perjury. Executed this 15th day of

November, 2007, at Reno, Nevada.


Robert A. Boyd



Bureau of Land Management






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