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<br />,. <br />" f"'uti<t <br />."...'" u~ u . _ " <br /> <br />DEPARTMENT OF WATER RESOURCES <br />STATE OF CALIFORNIA <br /> <br />SUMMARY OF HAWTHORNE CASE <br /> <br />October 22, 1957 <br />Nevada, Ex ReI Shamberger <br />v. <br />United States, <br />No. 1247 in the United States District <br />Court for the District of Nevada. <br /> <br /> <br />During the second World War, 1942-1945, the United <br />States Government drilled six wells within the Naval Ammunition <br /> <br />Depot at Hawthorne. Nevada, to obtain a supplemental water supply <br />for the base. In 1949. the United States filed applications to <br />appropriate unappropriated water from these wells. and subsequently <br />permits to appropriate were granted by the Nevada State Engineer. <br />Following the completion of the drilling and equipping the wells <br />with pumps. water was diverted for beneficial use. The permittee <br />complied with the provisions of the permits by filing proofs of <br />commencement and completion of work. All that remained to complete <br />the water rights and receive a certificate of appropriation was <br />the filing of proofs of beneficial use. The Depot was not ready <br />to file the proofs when due. and pursuant to law. kept the permits <br />in good standing by obtaining extensions of time. However. on <br /> <br />July 25. 1955. the State Engineer of Nevada was advised by the <br />commanding officer at the Depot that the permits were being dropped <br />upon instructions of the Commandant of the Twelfth Naval District. <br />based upon an alleged rule of the U. S. Supreme Court in the Case <br />of Federal Power Commission v. Oregon. 349 u. S. 435 (1955). <br />This case is commonly referred to as the Pelton Dam case. <br />