Following the first House passage deadline on April 20th only a few water related bills are still alive. Of the five measures proposed by the Division of Water Resources only AB6 has moved to the Senate. 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 discretionary by the State Engineer. The Central Nevada Regional Water Authority was neutral on the bill. DWR’s four other bills; AB5 (makes various changes to provisions relating to judicial review of orders and decisions of the State Engineer), AB354 (creates an irrigation manner of use water rights banking and leasing program) and AB356 (creates a water conservation credit program for irrigation manners of use) did not come up for a vote in committee. These bills were opposed by the Central Nevada Regional Water Authority as well as ranchers, farmers, rural counties, and environmental groups and received no support. Defeating these bills was a priority for the groups and individuals concerned about the future of rural Nevada. AB5 would have restricted Nevada’s longstanding provision of relatively easy access to the courts for review of the State Engineer’s decisions while AB354 and AB356 would have facilitated interbasin transfers resulting in the shift of water use from agricultural use to development in urban areas to the detriment of rural Nevada.
DWR’s other bills, AB15 which adds the State Engineer as an ex officio member of the Colorado River Commission did not have a hearing and SJR 1 which proposes to amend the Nevada Constitution to provide that the Nevada Court of Appeals has original jurisdiction over certain cases relating to water was withdrawn. Finally, SB155 which revises the qualifications of the State Engineer and eliminates the requirement for the State Engineer to be a Registered Professional Engineer did receive a vote. The bill was requested by the Director of the Department of Conservation and Natural Resources.
SB149 which was requested by the Central Nevada Regional Water Authority to give a board of county commissioners authority to establish a groundwater board for areas designated as a groundwater basin by the State Engineer was heard but did not come up for a vote. It is disappointing that SB149 will not move forward as local groundwater boards could contribute invaluable local knowledge and perspective to the management of Nevada’s limited water resources.
Another water bill that passed the Assembly is AB146 sponsored by Assemblywoman Peters from Washoe County. AB146 requires the Department of Conservation and Natural Resources to establish a program regulating water pollution resulting from diffuse sources. Peters offered amendments to address concerns raised by various stakeholders. However, there are still concerns about how AB146 would affect rural water users and ongoing discussions with the bill sponsor.
The Division of Water Resource’s budget for the FY21-23 biennium is still under review by the Senate Finance and Assembly Ways and Means Committees. The budget includes an increase of $676,655 in the Division of Water Resources Water Basin Account which has raised questions about how these funds will be used to offset general fund appropriations. There are also concerns about whether existing assessments will need to be increased or new assessments levied by the State Engineer.
On a final note, the Commission to Study the Adjudication of Water Law Cases in Nevada’s Courts which was created by the Nevada Supreme Court held its first meeting on April 16th. The Commission which is chaired by Chief Justice James Hardesty will work to improve education, training, specialization, timeliness, and efficiency of Nevada’s district courts in water law cases. The Commission will present its findings and recommendations to the Nevada Supreme Court no later than April 1, 2022. Commission membership is comprised of experienced water professionals, key stakeholders, and members of the Nevada judiciary. CNRWA, agriculture, irrigation districts, mining and rural counties are represented on the Commission.
Jeff Fontaine is the Executive Director of the Central Nevada Regional Water Authority and can be reached at: ccjfontaine@gmail.com or 775-443-7667.