Grassroots Newsletter
Nevada Farm Bureau Nevada Farm Bureau Offers Presentation To Public Lands Subcommittee On Friday, April 15th Nevada Farm Bureau shared a presentation with the Nevada Legislature’s Public Lands Subcommittee, offering background on Nevada Farm Bureau, an overview about Nevada agricultural production and the importance that water plays for the state’s farmers and ranchers. The Legislature’s Public Lands Subcommittee was assigned an interim study “concerning water conservation in this state.” The language of the legislation (AB 356) regarding the study stated:
“The study must include, without limitation, an examination of: (a) The management of water resources in this State; and (b) Programs and policies to promote water conservation in this State that also protect and support existing water rights….”
As the Subcommittee kicked off their first meeting, Doug Busselman, Nevada Farm Bureau Executive Vice President wanted to make it clear where the organization’s policy weighs in on the matter of “Conservation of Nevada Water”… New Development That Might Trigger Legislative Attention On April 19, 2022, District Court Judge Bita Yeager issued a ruling on the State Engineer’s Order 1309. The ruling pulls the footing out from under two rather significant points that the State Engineer had determined were the basis for the authority to manage the Lower White River Flow System in Southern NV. Point number 1 that came down with Judge Yeager’s ruling involves the State Engineer’s creation of a super-basin for combining multiple groundwater basins (seven existing basins) into a single jointly administered unit. The 8th District Judge said that since the state’s water law doesn’t give the State Engineer the authority to be reconfiguring water basins – there wasn’t authority for setting up such a super-basin to be managed conjunctively.
Point number 2 that came down with the ruling deals with conjunctive management. Again, Judge Yeager notes that legislative intent does not constitute a grant of the authority of the State Engineer to make decisions that are believed to be water management and then justify those decisions as being covered by the legislative intent. “In fact, there is no authority or guidance whatsoever in the statutes as to how to go about conjunctively managing water and water rights.” Judge Yeager wrote.
Nevada Water Conservation Program:
NFB supports appropriate management of agricultural irrigation water and conservation measures which provide for proper management of water resources which maintain the long-term ability of a water basin to not exceed perennial yield levels. Agricultural irrigation water use should not exceed the duties associated with a water right. Attention needs to be directed at addressing overappropriated groundwater basins with solutions oriented to bringing water rights and water being pumped into balance with perennial yields. Ongoing monitoring reports need to be shared with water right
Conservation and irrigation efficiency by an agricultural water right owner is already addressed without government involvement because of the costs and economic self-interest of the water right owner who has significant investments associated with the infrastructure and operations of applying irrigation water for beneficial use.
The Subcommittee will hold it’s next meeting in Boulder City on May 23. The subcommittee is also scheduled to meet in Nixon, NV on June 27th.
How this court decision will translate into possible legislative actions, aimed at addressing the way that current law only states “Legislative Intent.” It may cause a legislator or a group to promote the need for expanding on “Conjunctive Management” as a way to rescue the whole concept from the waste basket where it might be now? NFB Policy might also need to be adjusted in light of the present status, but there is reason to believe that our present policy still retains some very important relevance in dealing with whatever conversations might evolve. One of the present elements of Nevada Farm Bureau Conjunctive Water Management states – “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.”
This point is a similar perspective that NFB policy on “Conjunctive Water Management” when it stated “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.” 20 MAY/JUNE 2022
owners in the groundwater basin to assist in a better understanding of the conditions and status of the groundwater basin.
Ideas/Thoughts For Recommendations To Natural Resources Committee The Joint Interim Standing Committee on Natural Resources will be holding their next committee meeting on June 16th. This will be their fourth meeting of the interim session. Earlier in the process of this committee’s work they made an offer to anyone interested to offer recommendations on proposed bill draft request or something coming in the form of a recommendation for action to submit those proposals for consideration. A form was provided on the committee’s webpage to be used for submitting the recommendations you would like to be considered: https://www.leg.state.nv.us/App/InterimCommittee/ REL/Document/26644 The deadline for submitting recommendations is Friday, June 24th. If you have any suggestions or input to Nevada Farm Bureau, which you think we ought to submit. Please email doug@nvfb.org with that input for Farm Bureau to consider.
The Progressive Rancher
www.progressiverancher.com
