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<br />00194r: <br /> <br />. <br /> <br />. <br /> <br />DEPARrMENT OF WATER RESOURCES <br />STATE OF CALIFORNIA <br />SUMMARY OF HAwrHORNE 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 />During the second World War, 1942-1945, the United States <br />Government drilled six wells within the Naval Ammunition Depot at <br />Hawthorne, Nevada, to obtain a supplemental water supply for the base. <br />In 1949, the United States filed applications to appropriate unappro- <br />priated water from these wells, and subsequently permits to appro- <br />priate were granted by the Nevada State Engineer. Following the <br />completion of the drilling and equipping the wells with pumps, water <br />was diverted for beneficial use. The permittee compiled with the <br /> <br />provisions of the permits by filing proofs of commencement and com- <br /> <br />pletion of work. All that remained to complete the water rights and <br />receive a certificate of appropriation was the filing of proofs of <br />beneficial use. The Depot was not ready t~file the proofs when due, <br />and pursuant to law, kept the permits in good standing by obtaining <br />extensions of time. However, on July 25, 1955, the State Engineer <br />of Nevada was advised by the commanding officer at the Depot that <br />the permits were being dropped upon instructions of the Commandant <br />of the Twelfth Naval District, based upon an alleged rule of the <br />U. S. Supreme Court in the Case of Federal Power Commission v. <br />Oregon, 349 U. S. 435 (1955). This case is commonly referred to as <br />the Pelton Dam case. <br /> <br />On September 7, 1955, following the failure of the permittee <br /> <br />to file the proofs, the State Engineer, Mr. Hugh A. Shamberger, <br />