Central Nevada Regional Water Authority

Central Nevada Regional Water Authority

Churchill County Elko County Esmeralda County Eureka County

Lander County Nye County Pershing County White Pine County

Meeting Minutes

The Central Nevada Regional Water Authority (Authority) held a public meeting at 10:00 a.m., June 8, 2012 at the Bristlecone Convention Center, Sage Meeting Room, 150 Sixth Street, Ely, Nevada. In attendance were:

Directors:

Churchill County: Bjorn Selinder

Esmeralda County: Commissioner Nancy Boland and Ed Mueller

Eureka County: Commissioner Jim Ithurralde, Jim Gallagher and Marty Plaskett

Lander County: Commissioner Ray Williams, Jr. and Gene Etcheverry, Executive Director

Nye County: Commissioner Joni Eastley and Midge Carver, Chair, Nye County Water District

Pershing County: Commissioner Carol Shank and Michael Johnson, Pershing County Planning & Building Department Director

White Pine County: Commissioner Gary Perea and Bill Butts, White Pine County Water Advisory Board

Others:

Steve Bradhurst, Executive Director, CNRWA

Wilma Mansfield, Executive Assistant, CNRWA

Jason King, P.E., Nevada State Engineer

Steve Walmsley, Supervisor III, Water Resource State Engineer's Office

Dale Bugenig, hydrogeology consultant to Eureka County

Bruno Bowles, staffer with the Southern Nevada Water Authority

Frank Whitman, Vice chair, Lander County PLUAC

Rod McKenzie, White Pine County Water Advisory Committee

Don Phillips, White Pine County Water Advisory Committee

Andy Ferguson, Superintendent, Great Basin National Park

Delaine Spilsbury, Ely Shoshone Tribe, GBWN and GBNHA

Rick Spilsbury, GBWN

Ed Smith

Lisa Friedman, environmental engineer, Robinson Nevada Mining Company

Dean Baker, Baker Ranches, Inc.

Mark D’Aversa, hydrologist, BLM Ely office

Dan Netcher, project manager, BLM Ely office

Call to Order. Vice chair Gary Perea called the meeting to order at 10:04 a.m. A quorum of the Board was determined to be present.

Public Comment. There was no public comment.

Approval of Agenda. There were no changes to the agenda.

Approval of Minutes. Chair Joni Eastley made a motion to approve the March 16, 2012 CNRWA meeting minutes. Bjorn Selinder seconded the motion which carried by unanimous vote.

Appearance – Jason King, P.E., State Engineer, Nevada Division of Water Resources – Presentation on Nevada Division of Water Resources activities, recent actions, and critical issues. Jason King gave a presentation on some of the office's work tasks. He stated that there are 256 hydrographic groundwater basins in the state. And146 of the basins are located wholly or partially in the Authority’s 8 member counties. He said 68 of 256 basins in the state do not have water right applications pending at this time. Also, 66 of the 256 basins are completely or partially designated. Mr. King said his office works closely with the USGS, the Authority and its member counties. He said his office monitors groundwater levels in 26 of the 146 basins located in the eight Authority counties. Mr. King said the state provides funds to five USGS data collection programs that involve at least one of the authority’s member counties. He said water use inventories, groundwater level information, precipitation data and flow data are available on the state’s website. The Division of Water Resources is responsible for dams in Nevada, and dam plans are required, reviewed, approved and inspected. Dam categories include high hazard, significant hazard and low hazard. Mr. King commented on his recent rulings (4) on Southern Nevada Water Authority applications for groundwater from rural Nevada, and he stated the rulings were appealed. Mr. King said his office is working on the Walker River Basin Restoration Project. Mr. King reported on a recent Nevada Supreme Court decision regarding appeal venue. He said his office is also working on the Truckee River Operating Agreement. It has been signed but not implemented. Also, his office does not plan to request a bill in the 2013 Session. Mr. King mentioned his office may develop draft regulations to address what his office considers ambiguities in state water law. He gave as an example the definition of "environmental soundness" in Nevada Revised Statutes. Mr. King said his office is working to reduce the backlog of water right applications. He said his office needs additional staff to adjudicate claims for vested water rights. Mr. King answered a number of questions from Authority board members. Vice Chairman Gary Perea thanked Mr. King for his presentation and his commitment to work with the Authority.

Discussion and Consideration of a Proposal to Clarify and Resolve, Through State and/or Federal Legislation, When Federal Land Management Agencies Can File a Claim for Public Water Reserves – Recommendation to consider a possible Central Nevada Regional Water Authority proposal for state and/or federal legislation that will clarify and resolve when federal land management agencies can file a claim for public water reserves. Steve Bradhurst stated this matter was discussed at the March 16, 2012 Authority meeting. At that meeting Eureka County took the lead on the issue and provided background information. The background information indicates 1) BLM is making claims for Public Water Reserves with the Nevada State Engineer, and 2) the claims do not appear to have a legal foundation per the federal executive order that is the basis for BLM filing a claim for a Public Water Reserve. At the March 16, 2012 Authority meeting the board approved a motion to develop a proposal that would encourage state and federal lawmakers to clarify when federal land management agencies can file a claim for public water reserves with the Nevada State Engineer. At the March 16 meeting Eureka County was asked to take the lead in developing the proposal, and due to an unfortunate circumstance, the proposal was not available for the June 8 meeting. The Authority recommended Eureka County continue to take the lead developing the proposal. Also, it was recommended the Eureka County Board of Commissioners consider approving the proposal, and in turn send a copy of the approved proposal to the Authority, all Nevada counties and the Nevada Association of Counties.

Appearance – Steve Walmsley, Water Resource Supervisor/Specialist, Nevada Division of Water Resources – Presentation on filing claims for vested water rights, including filing proof of appropriation and filing claims for subsisting rights. Mr. Walmsley gave an informative PowerPoint presentation on filing a claim for a vested water right. He emphasized one should file a claim for a vested water right to substantiate your own claim, and not to fight a neighbor. Mr. Walmsley stated a vested right is a right that is established by using surface or groundwater prior to there being statutory water law governing the appropriation of any water source for any particular use. He discussed the difference between a vested water right and subsisting water right. He said a claim for vested water right for surface water sources has to show said water was diverted and placed to beneficial use prior to 1905. And, a claim for vested water right for underground water sources has to show said water was diverted and placed to beneficial use prior to 1939. Mr. Walmsley reviewed the State’s forms for filing a claim for a vested water right. Mr. Walmsley said his office has 1.5 people working on claims for vested water rights, and Jason King, Nevada State Engineer, said his office needs more staff for this important work. Mr. Walmsley answered questions from the board, and the Authority thanked him for his presentation.

At this time the meeting recessed for lunch at 11:45 a.m.

The meeting reconvened at 12:00 p.m.

Continuation of the March 16, 2012 Central Nevada Regional Water Authority Discussion to Consider Water and Water-Related Recommendations to the Nevada Legislative Committee on Public Lands – Report on the May 4, 2012 Nevada Legislative Committee on Public Lands meeting, including the Central Nevada Regional Water Authority presentation at that meeting, and consideration of additional water and water-related recommendations to the Nevada Legislative Committee on Public Lands. Steve Bradhurst discussed past Authority meetings wherein the Authority discussed and approved recommendations for consideration by the public lands committee. The next public lands committee meeting will be June 19 in Ely, and the committee's last meeting will likely be August 17 in Carson City. At that meeting the committee will have a work session to 1) finalize its recommendations for legislation in the 2013 Session, 2) approve letters to public officials and entities, and 3) approve the contents of its report to the 2013 Session, including committee position statements. Mr. Bradhurst reported on the Authority’s testimony at the committee's May 4 meeting, the testimony of others at the meeting, and comments from committee members relative to the Authority's testimony. Mr. Bradhurst reviewed the Authority's six recommendations to the committee, and he asked the board if it would like to add or delete recommendations. Gene Etcheverry made a motion to provide the Authority’s previously approved six recommendations and the Authority's written testimony at the committee's May 4 meeting to the committee chair for consideration at the committee's August 17 work session. Bjorn Selinder seconded the motion, and it was carried by unanimous vote. Member Bill Butts commented on the need to address the protection of sub-surface irrigated meadows. Steve Bradhurst commented that at this time the issue should probably be submitted directly to the committee on public lands by the appropriate White Pine County entity (i.e., the White Pine County Water Advisory Committee and/or the White Pine County Board of Commissioners). There was concurrence by the Authority.

Discussion and Consideration of a Contract Between the Central Nevada Regional Water Authority and Dan Dragan to Implement the Central Nevada Regional Water Authority Groundwater Monitoring Program During Fiscal Year 2013 – Recommendation to approve a contract for professional services between the Central Nevada Regional Water Authority and Dan Dragan, consulting hydrogeologist, to implement the Central Nevada Regional Water Authority Groundwater Monitoring Program for the period July 1, 2012 to June 30, 2013, and reimbursement for time and travel not to exceed $9,000. Steve Bradhurst discussed the following: 1) Mr. Dragan's good work during Fiscal Year 2012 on the Authority's groundwater monitoring program, 2) Mr. Dragan's proposed scope of work in Fiscal Year 2013 to continue the implementation of the program, and 3) the proposed contract between the Authority and Mr. Dragan to implement the program in Fiscal Year 2013. Steve Bradhurst stated the Authority's Groundwater Monitoring Program involves monitoring the water level in 53 wells located in 13 water basins. A Motion was made by Bill Butts and seconded by Gene Etcheverry to approve Dan Dragan’s contract for FY 2013 totaling $9,000 to implement the groundwater monitoring program. The Motion carried unanimously.

Discussion and Consideration on April 17, 2012 Action Taken by the Central Nevada Regional Water Authority Executive Director to Have the CNRWA be a Named Petitioner in the White Pine County and Great Basin Water Network Appeals (4) of the Nevada State Engineer’s March 22, 2012 Rulings (6164, 6165, 6166 and 6167) on Southern Nevada Water Authority Applications for Groundwater from Spring Valley, Cave Valley, Dry Lake Valley and Delamar Valley – Recommendation to ratify the April 17, 2012 action taken by the Central Nevada Regional Water Authority Executive Director, with concurrence from the Authority's chair and vice chair, to have the Central Nevada Regional Water Authority be a named petitioner in the White Pine County and Great Basin Water Network appeals (4) of the Nevada State Engineer's March 22, 2012 rulings (Numbers 6164, 6165, 6166 and 6167) on Southern Nevada Water Authority applications for groundwater from Spring, Cave, Dry Lake and Delamar Valleys. The fee to join the White Pine County and Great Basin Water Network appeals of the Spring Valley and Cave Valley rulings was $100 per White Pine County ordinance. Steve Bradhurst reviewed the Authority's involvement with the subject SNWA applications for groundwater from rural Nevada, including protesting the applications, paying a portion of the cost to webcast the State Engineer's fall 2011 hearing on the applications and providing the State Engineer comments on the applications. Mr. Bradhurst also discussed SNWA's stated need for a lot more water from rural Nevada per a SNWA document (Exhibit 189) provided the State Engineer at the hearing on the applications. A motion was made by Chair Eastley and seconded by Midge Carver to ratify the April 17, 2012 action taken by the Executive Director, with concurrence from the Authority’s chair and vice chair, to have the Central Nevada Regional Water Authority be a named petitioner in the White Pine County and Great Basin Water Network appeals (4) of the Nevada State Engineer’s March 22, 2012 rulings on the subject applications. The motion carried unanimously.

Discussion on the Planning and Program for the November 13, 2012 Great Basin Water Forum – Recommendation to discuss and possibly approve 1) a planning committee for the November 13, 2012 Great Basin Water Forum, and 2) possible program for the Forum. Steve Bradhurst said the November 13, 2012 Great Basin Water Forum will be the fourth forum, and as in the past, the Authority will host the forum. The forum will be held on Tuesday, November 13th at the Carson Nugget upstairs meeting room. He thanked NACO staff for their assistance with the forum venue and making sure the forum is coordinated with NACO's November 13-15, 2012 Annual Conference at the Carson Nugget. Mr. Bradhurst said there will be a buffet lunch, and a block of rooms will be available for forum attendees at the Carson Nugget's City Center Hotel. The forum will begin at 9:30 a.m. and end at 4:00 p.m. The format this year calls for more discussion and less formal presentations than previous forums. The theme for this year's forum will be “How will Nevada, Utah and California address the significant imbalance between identified sustainable water supply and projected population growth?” The program will begin with a presentation by the Bureau of Reclamation (BOR) on a recent BOR study that addresses supply and demand for Colorado River water. Then forum attendees will participate in discussion groups that will focus on the forum's theme. Lunch will follow, with a possible presentation during lunch. Following lunch there will be a discussion panel comprised of county commissioners/supervisors, state legislators, state agency heads and federal land managers. The discussion panel will address the forum theme, and the discussion will be facilitated. Mr. Bradhurst stated that last year the Authority had a planning committee for the forum, and he recommended a similar committee be formed this year. Commissioner Shank made the motion to approve the proposed forum program and form a forum planning committee with Joni Eastley, Gary Perea, BJ Selinder, Gene Etcheverry and Steve Bradhurst on the committee. Commissioner Williams seconded the motion, and the motion carried unanimously.