UNITED STATES BOARD OF WATER COMMISSIONERS' REPORT TO COURT AND RECOMMENDATION FOR APPOINTMENT OF WATER COMMISSIONER FOR DIVISION 1; AND ORDER THEREON

ROBERT C. JONES, District Judge.

The UNITED STATES BOARD OF WATER COMMISSIONERS ("Board"), by and through its counsel, ALLISON MacKENZIE, LTD., presents to this Court its Report on filling the vacancy in Division 1.

On January 27, 2017, the Board submitted its Report (Doc. 1447) to the Court of the vacancy on the Board for Division 1. On February 9, 2017, the Court issued the Notice of Vacancy in Division 1, United States Board of Water Commissioners (Doc. 1448). The Notice was published and posted by the Board as directed in the Court's Notice as shown by the Affidavits of Posting and Affidavits of Publication filed with the Court on March 1, 2017 (Docs. 1451-1455). One application was submitted to the Court for the Division 1 vacancy. The Board received the application submitted by Jon D. McMasters to fill the vacancy in Division 1 along with a Letter and Resolution from the Walker River Paiute Tribe endorsing and supporting the application of Mr. McMasters. Copies of the Letter and Resolution from the Walker River Paiute Tribe are attached hereto as Exhibit "1".

As Jon D. McMasters meets all of the qualifications for appointment and was recommended by the Walker River Paiute Tribe to fill the Division 1 vacancy, the Board supports and recommends Jon D. McMasters for appointment by the Court as the Commissioner to represent Division 1 in accordance with the Court Decree, In Equity C-125, until further order of this Court.

RESPECTFULLY submitted this 19th day of April, 2017.

ORDER

IT IS SO ORDERED.

EXHIBIT "1"

Dear Commission Members:

The Federal District Court for the District of Nevada issued a Notice of Vacancy in Division 1, United States Board of Water Commissioners on February 9, 2017 in the Walker River litigation case (Case No. 3:73-CV-00125-RCJ-WGC; Doc. 1448). The qualifications for this seat on the Board include the person being a member of the Walker River Paiute Tribe and a resident of the Walker River Paiute Reservation. The person must also be competent to perform the duties of a Board member, of good moral character, emotionally stable and mature, in good health, patient, courteous and capable of deliberation and decisions when required to act.

Jon McMasters has submitted an application to fill this position. The Walker River Paiute Tribe ("Tribe") supports Mr. McMasters' application. I and the Walker River Tribal Council can attest to Mr. McMasters meeting all of the qualifications required for this position. The Tribal Council, at a meeting held on April 13, 2017 voted unanimously to recommend Mr. McMasters to this vacancy. Based on this, the Tribe hereby requests that the Board and/or the Court approve Jon McMasters to fill the vacant seat for Division 1, United States Board of Water Commissioners for the Walker River.

Please let me know if you need anything further from the Tribe regarding this matter.

RESOLUTION OF THE GOVERNING BODY OF THE WALKER RIVER PAIUTE TRIBE RESOLUTION NO. WR-40-2017

BE IT RESOLVED BY THE TRIBAL COUNCIL OF THE WALKER RIVER PAIUTE TRIBE THAT:

WHEREAS, the governing body of the Walker River Paiute Tribe is organized under the provisions of the Indian Reorganization Act of June 1934 as amended, to exercise certain home rule and be responsible for the promotion of economic and social welfare of its members; and

WHEREAS, the United States Board of Water Commissioners (USBWC) was formed in 1936 to apportion and distribute waters of the Walker River and its tributaries by the Federal District court, and

WHEREAS, the Walker River Basin is split into six (6) divisions and each USBWC represents their respective divisions in carrying out the Walker River C-125 decree; and

WHEREAS, the Walker River Paiute Tribe has a seat on the (USBWC); and

WHEREAS, the commission seat for the Tribes division is currently empty; and

WHEREAS, Jon D. McMasters has applied for the commission seat and does meet the requirements; and

BE IT FINALLY RESOLVED THAT, the Walker River Paiute Tribe endorses and supports the application of Jon D. McMasters for the Tribe's vacant seat on the USBWC.

CERTIFICATION

It is hereby certified that the foregoing Resolution of the Walker River Paiute Tribal Council, composed of seven members, of whom 6, constituting a quorum, were present at a meeting held on the 13th day of April 13, 2017, and that the foregoing resolution was adopted by the affirmative vote of 5 FOR, 0 AGAINST, and 0 ABSTENTIONS, pursuant to the authority contained in Article VI, Section 1(e), of the Constitution and By-Laws of the Walker River Paiute Tribe, approved March 26, 1937.