Nevada Farm Bureau Excerpt from Nevada Farm Bureau 2021 Policies 2021 Nevada Farm Bureau Policy was adopted by voting delegates meeting in Ely, NV, November 19-21, 2020. Read full policies here:
www.nvfb.org/wp-content/uploads/2021/01/2021-Nevada-Farm-Bureau-Policy-Book.pdf
POLICIES FOR CONJUNCTIVE WATER ISSUES Conjunctive Water Management: 324 We are very concerned over the lack of legislative direction and absence of specific parameters in regard to how “Conjunctive Management” is going to be carried out. We urge a full public discussion of what conjunctive management of water resources means and how combining separate sections of state law will be implemented. Long and established separations for surface and groundwater rights cannot be quickly combined without a complete vetting of how issues and impacts will be worked through. Top down edicts by the State Engineer’s office, without local, public engagement of those being affected is not acceptable. Statutory parameters need to be established to guide regulatory actions in how the State Engineer will implement and operate conjunctive management activities. Regulatory activity related to carrying out conjunctive management needs to be based on established scientific documentation that the water relating to the conjunctive management of specific groundwater and surface water are connected, as well as an established understand to the degree one water right is relating to others. The interaction of water from various sources involves many different elements include the timeframes and the degree to which connections take place. State policy on the use of conjunctive management needs to be based on site specific circumstances, which recognizes the variety of elements that exist at a specific site. Not all areas have the same connection and interaction throughout a system and this warrants consideration in implementing active management that has consequences to different water rights. In responding to State Engineer actions where conjunctive management actions could have an impact on different water right owners, senior water right owners need to have their rights duly recognized as they wish to have the water associated with their rights dealt with. They should be able to receive water which meets their water rights instead of being required to accept financial or other compensation through mitigation measures that they do not voluntarily agree to.
Humboldt River Management Modeling: 325 Modeling being developed by the U.S. Geological Service (USGS) and the Desert Research Institute (DRI) for the Humboldt River system requires validation and the findings related to the research need to be presented in an understandable fashion. The “conjunctive” management which will come as the result of this modeling must have a basis in factual information that the general public can effectively deliberate for soundness. Along with the findings of the Humboldt River Basin Capture Analysis, we believe that an overall river basin economic perspective needs to be factored into river and groundwater basin management actions for the Humboldt River system. This process should apply to all other rivers in the state of Nevada. www.progressiverancher.com
The 2021 Session is underway with the Legislature focusing on the State’s budget and economic recovery and the Legislative Building closed to the public due to COVID-19.
No water related bills have been scheduled for a committee hearing but we do have information on bills that were prefiled before the 81st Session of the Nevada Legislature began on February 1st. Six of these measures were requested by the Division of Water Resources.
Senate Joint Resolution 1 requested by the Division of Water Resources (DWR) will not be heard. SJR 1 proposes to amend the Nevada Constitution to provide that the Nevada Court of Appeals has original jurisdiction over certain cases relating to water. The Nevada Supreme Court, instead, will consider creating a Commission to Study the Adjudication of Water Law Cases in Nevada’s Courts which it will do at a hearing on March 3rd. Another DWR bill draft request is Assembly Bill 5 which makes various changes to provisions relating to judicial review of orders and decisions of the State Engineer. CNRWA is concerned that AB5 would reduce affected water users’ ability to challenge problematic decisions of the State Engineer in Nevada state courts. AB6 revises provisions governing an application for a temporary change relating to appropriated water. Specifically, AB6 makes the holding of a hearing on an application for a temporary change to the place of diversion, manner of use or place of use of water application discretionary. The Division of Water Resources also requested the drafting of bills that would create a structure for a system of water banks, and to establish a program for conservation of water. Both bill draft requests apply to water used for irrigation only. The water banking bill is modelled after a pilot program in Utah while the water conservation bill is similar to a program in Oregon. The water conservation bill draft also contains a provision to establish an account to purchase and retire water rights from willing sellers. While we have not seen the final bill language there are questions
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about whether DWR’s proposals for water banking and a conservation program could be successful in Nevada and concerns that they could lead to speculation.
The Central Nevada Regional Water Authority requested the Legislature’s Interim Public Lands Committee to submit a bill draft request to give a board of county commissioners authority to establish a groundwater board for areas designated as a groundwater basin by the State Engineer pursuant to the provisions of NRS 534.030. The bill is intended to give counties more say in how their designated groundwater basins are managed. If created by a county, the groundwater board would provide recommendations to the State Engineer on proposed orders and regulations and water rights applications in designated basins. Designation of a basin allows the State Engineer to impose additional conditions and restrictions on water use and to make additional management rules as provided in NRS Chapter 534 including requiring meter installation and reporting, establishing preferred uses, and levying assessments. Finally, the Governor’s budget includes an increase of $676,655 in the Division of Water Resources Water Basin Account for the FY21-23 Biennium. This increase would be used to offset a reduction in other revenues for the Division. It is unclear if these funds are currently in the account or if existing assessments will need to be increased or new assessments levied by the State Engineer. Even though the Legislative Building is currently closed due to the COVID-19 pandemic there are still ways you can view meetings and provide testimony on bills. You can visit the Legislative website at: www.leg.state.nv.us for information about how to view and participate in committee meetings and provide written testimony. You can also check out the Central Nevada Regional Water Authority website at http:// cnrwa.com/ for regular updates.
Jeff Fontaine is the Executive Director of the Central Nevada Regional Water Authority. He can be reached at: ccjfontaine@gmail.com 775-443-7667 MARCH 2021 31
