Early in April the United States Secretary of Agriculture, Tom Vilsack sent a letter to Nevada Governor Steve Sisolak indicating that he had designated 13 counties in Nevada as primary counties for disaster. These counties were listed as counties for disaster due to drought under federal law. This also qualified four additional counties in the state for similar treatment because they were adjacent to those which were designated.
The 13 counties included: Churchill, Clark, Elko, Esmeralda, Eureka, Humboldt, Lander, Lincoln, Lyon, Mineral, Nye, Washoe and White Pine. The four also covered are: Douglas, Pershing, Storey and Carson City. Producers in these counties should contact their local Farm Services Agency representative, if they haven’t already.
With continuing years of less moisture than we need and other states going through the same challenge, things are NOT very cheery. Especially, for those who depend on surface water for irrigation of crops or water for livestock. Parched rangelands don’t produce sufficient forage and feeding hay is becoming less and less of an option as well.
Nevada agriculture has weathered droughts before, but none of them were considered as pleasant character-building experiences.
Beyond the immediate and foreseeable crop production cycle ahead for 2022, the churning considerations of what might be in the works has as much, if not more, things to wonder about.
Through a heavily rewritten bill, AB 356, the Nevada Legislature in 2021 assigned their Public Lands Committee the assignment of an interim study “concerning water conservation in this state.” The language of the legislation 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….”
What direction this study might go, in advance of the 2023 Nevada Legislature is unclear. The Nevada Legislature’s Public Lands Committee is now a subcommittee of the Joint Interim Standing Committee on Natural Resources, which also could be considering possible water legislation for the next session.
Both the Public Lands subcommittee and the full Interim Natural Resources Committee will be shifting into higher gears over the next couple of months.
After their start up meeting on April 15th in Ely, NV, the subcommittee will hold their next meeting in Boulder City on May 23rd. The subcommittee is also scheduled to meet in Nixon, NV on June 27th.
The Joint Interim Standing Committee on Natural Resources will have their fourth meeting of the interim on June 16th. They have offered a “Solicitation of Recommendations” seeking input on ideas for the committee to consider (possible legislation or possible resolutions for actions to be taken). Ideas sent to the full committee must be received no later than Friday, June 24th and must include:
- Submit the recommendation in writing;
- Include your name, date and the organization you represent;
- Explain in detail the policy you recommend;
- Include any background information explaining the recommendation; and
- Consider using the form that they have provided at the committee’s webpage (leg.state.nv.us/App/InterimCommittee/REL/Document/26644)
Along with possible legislative actions, Adam Sullivan, the Nevada State Engineer has been holding public meetings around the state over the past couple of months, with more meetings anticipated in the future.
Most recently Smith Valley and Mason Valley (both in Lyon County) were meeting sites for the State Engineer’s informational meetings. Sullivan and his additional subject matter experts shared the background information that they have been tracking for the two primarily agricultural valley’s. Both areas are irrigated from waters of the Walker River system as well as by groundwater sources.
The current drought conditions and water situation was compared against the most recent drought conditions in 2012-2016. In both scenarios the current drought is having a bigger impact with a steeper decline in groundwater levels than experienced in the 2012-2016 period.
During the meetings, Sullivan assured there are no plans for using curtailment measures this year in either valley. He also clarified that conservation actions or not pumping/irrigating with the full duty of a water right would not cause the un-used water to trigger forfeiture actions. Conservation activities and local community cooperation/planning were identified as good and proper courses to follow in sustaining water resources and precluding future curtailments.
Nevada Farm Bureau
Thoughts On Water Conservation:
In a presentation to the interim Public Lands subcommittee meeting in Ely, Nevada Farm Bureau’s thoughts on the assignment for studying water conservation in the state were presented. The organization’s policy on water conservation states –
Nevada Water Conservation Program:
Nevada Farm Bureau 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 over-appropriated 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 owners in the groundwater basin to assist in a better understanding of the conditions and status of the groundwater basin.
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.
Farm Bureau’s views on the protection of water rights were also noted, stressing that “The right to use water is a property right which should not be taken away from an owner without due process of law and just compensation at the highest valued use. Any government attempt to diminish the availability of water to serve these water rights constitutes a takings and should require just compensation.”
Nevada water law has a long and successful history in providing an effective means for dealing with the very critical resource of water. It has dealt with droughts in the past and should be followed in responding to the drought that we are currently enduring.
Tweaks or changes to Nevada water law will not cause the drought to be easier.
By Doug Busselman | NFB, Executive Vice President