I hope everyone is enjoying spring so far. We recently reached the first two milestones of the Nevada Legislative Session. On April 9th, any bills that were not passed out of the committee to which they were assigned effectively died. On April 20th, any bills that failed to be passed by the First House are also no longer under consideration. The deadlines helped bring a little bit of clarity to what has otherwise been a messy and dysfunctional legislative session thus far. About one-third of the more than 900 pieces of legislation were eliminated as the result of the first deadline. While there is plenty of more work to be done before the session ends on May 30th, several bills we had our eye on fell victim to the deadlines.
Of note was AB 354 introduced by the Nevada Division of Water Resources. AB 354 would have established a water banking system in Nevada that appeared to be more of a leasing program than anything. It would have allowed agricultural water to be leased out for other purposes and would have also allowed water to be transferred out its basin of origin. The Division of Water Resources provided an amendment to the bill which made several needed changes, however, this amendment came just hours prior to the hearing on the bill. The Nevada Cattlemen’s Association testified in opposition of the bill due to several unknowns associated with the new proposal. The Assembly Natural Resources Committee felt the same and did not take action on the bill prior to the deadline.
Another bill brought forward by the Nevada Division of Water Resources that did not survive the first deadline was AB 5. The bill proposed to limit what types of water related decisions could be appealed through the judicial process by adding undefined terms such as “formal” and “final determination”. The addition of these vague terms brought into question the ability to challenge interim orders, temporary permits, etc.
While the above-mentioned bills can be taken off the list, NCA continues to engage on several bills that survived both deadlines. Of these, SB 54 remains a top priority. SB 54 proposes to drastically change the current representation on the Nevada Board of Agriculture by eliminating two of the three positions currently represented by the cattle industry. One of these positions would be eliminated entirely while the other would be reclassified as livestock production instead of cattle production. SB 54 passed out of the Nevada State Senate on April 14th in a 12 to 9 vote and now will head to the Assembly Natural Resources Committee. NCA will shift our focus to the Assembly now in an effort to kill the bill.
The Nevada Cattlemen’s Association also testified in support of SJR 3 which requests that Congress provide the necessary funding for the Bureau of Land Management to reach Appropriate Management Levels (AML) for wild horses and burros within 6 years. However, an amended version supported by horse advocacy groups surfaced during the Senate Natural Resources Committee work session and is what was ultimately voted on and passed out of committee. This amended version essentially gutted the original resolution leaving NCA opposed to the new watered-down version.
SB 287 is another bill that made it out of the Senate Education Committee and passed through the Senate in the nick of time. The bill proposes to add the University of Nevada, Las Vegas (UNLV) and the Desert Research Institute (DRI) as land grant institutions in the state. The Nevada Cattlemen’s Association opposed this bill during its hearing citing the dilution of resources that would occur by splitting the already limited funding currently available to the University of Nevada, Reno (UNR).
Lastly, SB 94 would clarify that a private property owner can place an unlocked gate across a public road without it being considered a public nuisance. This bill is in response to SB 316 passed last session which made it a public nuisance for any person to prevent or obstruct the free passage on public roads that cross through private property. The way the statue currently reads “fencing or otherwise enclosing” a public road that passes through private property constitutes a public nuisance. The current statue has been interpreted by some to mean that a private landowner cannot have a gate at all if it is across a public road located on private property.
These are just some highlights of the proposals being discussed this session. NCA continues to engage on several others as well. As always, feel free to give the NCA office a call to provide input on any bills that may be of benefit or concern to your operation.
by Martin Paris | NCA Executive Director | O: 775-738-9214