Truckee-Carson Irrigation District and Individuals to Have Charges Dismissed (October 16, 2009)
The Truckee-Carson Irrigation District (TCID) announced today that TCID, three individual defendants, and United States Attorney's Office for the State of Nevada are currently in the process of finalizing a pretrial resolution of an indictment in a case brought in federal district court in Reno in December 2008. The United States has offered to dismiss the indictment against TCID and two individuals. The Defendants have accepted the offer. The terms of the resolution have not been finalized, but it is anticipated that this resolution will result in a favorable outcome for TCID and the individual defendants without the necessity of a lengthy and costly jury trial.
For the past eleven months, TCID and the individual defendants have defended themselves vigorously against these charges and are pleased with the prospect of a highly favorable pre-trial resolution. The details of the resolution are not final and have not yet been approved by the court. Additional information will be made available when the resolution is final.
On December 3, 2008, the Truckee-Carson Irrigation District, headquartered in Fallon, Nevada, and known as TCID, and three of its current or former employees, were indicted on various alleged charges by a federal Grand Jury in Reno, Nevada. The TCID employee and former employees named are David Overvold, Lyman McConnell, and John Baker. The case styled as USA v. Overvold et al (Case No. 3:08-cr-00119-JCM) is in ongoing litigation between the TCID defendants and the United States Attorney's Office (Nevada) in the United States District Court, District of Nevada. The case is currently set for trial starting February 22, 2010.
The allegations in the indictment stem from efforts by TCID to make the delivery of water to its water right owners more efficient. For many years, TCID has been engaged in improving the methods it uses to deliver and to measure water. The U.S. Bureau of Reclamation (USBOR) sets efficiency goals for TCID to meet in its water delivery efforts. TCID has been more efficient in its delivery of water every year from 2000 to 2005.
According to the indictment, TCID and certain of its employees allegedly falsified records and made false statements to the USBOR in order to obtain conserved water that TCID could store in Lahontan Reservoir. The indictment also alleges that TCID and the individual defendants conspired to allegedly falsify delivery records by showing water was actually delivered, when it was not. TCID and the defendants strongly contested these allegations.
Dismissal of the charges as to TCID and two defendants, Lyman McConnell and John Baker is anticipated in 30 days.
For more information, please contact:
Michael J. Van Zandt, Esq.
Hanson Bridgett LLP
Attorney for TCID
Phone: 415-995-5001
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