Facts

Donner Lake is located on the California-Nevada border between Truckee Meadows Water Authority (Water Authority), which serves Reno, Sparks and other areas, and Truckee-Carson Irrigation District (Irrigation District), which serves agricultural interests in Fallon and Fernley, Nevada. The Water Authority stored its share of Donner Lake water in Boca Reservoir, which prevents flooding at Donner Lake. In 1943, the Water Authority's predecessor, Sierra Pacific Power Company, entered into an operating agreement with the Irrigation District regarding dam operations at Donner Lake.

PLAINTIFF'S CONTENTIONS:
The Water Authority filed suit against the Irrigation District, alleging it had a right to 50 percent of the 6,285 acre feet of water released from Donor Lake weekly.

DEFENDANT'S CONTENTIONS:
The Irrigation District contended it was entitled to 100 percent of the water, dependent on circumstances and time of year, and that the Water Authority only had a right to use the water for non-consumptive uses.

Result

The court found that both parties had 50 percent of the water rights and that the Water Authority, as co-tenant, had a right to partition the stored water.