MINUTES OF MEETING

      ASSEMBLY COMMITTEE ON NATURAL RESOURCES, AGRICULTURE AND MINING

 

      Sixty-seventh Session

      May 26, 1993

 

 

 

The Assembly Committee on Natural Resources, Agriculture and Mining was called to order by Chairman Vivian L. Freeman at 1:30 p.m., May 26, 1993, in Room 321 of the Legislative Building, Carson City, Nevada.  Exhibit A is the Meeting Agenda, Exhibit B is the Attendance Roster.

 

 

COMMITTEE MEMBERS PRESENT:

 

      Mrs. Vivian L. Freeman, Chairman

      Mr. John B. Regan, Vice Chairman

      Mr. Douglas A. Bache

      Mr. John C. Carpenter

      Ms. Marcia de Braga

      Mr. James A. Gibbons

      Mr. Roy Neighbors

      Mr. Robert M. Sader

      Mr. Michael A. Schneider

      Ms. Stephanie Smith

 

 

COMMITTEE MEMBERS ABSENT:

 

      Mr. Peter G. Ernaut (Excused)

 

GUEST LEGISLATORS PRESENT:

 

      None

 

STAFF MEMBERS PRESENT:

 

      Fred Welden, Chief Deputy Research Director

 

OTHERS PRESENT:

 

      Robert Martinez, Nevada Division of Water Resources; Elmer Rusio, Friends of Pyramid Lake; Joe Johnson, Sierra Club; Tony Citko, NALA & NAEBA; Peter Morros, Department Conservation and Natural Resources; Alvin James, Pyramid Lake Paiute Tribe; Robert Pelcyger, Pyramid Lake Paiute Tribe; Doug Busselman, Nevada Farm Bureau.

 

 

 

 

 

The meeting was called to order by Vivian Freeman, Chairman. 

 

Ms. Jean Ford, Project Director, University of Nevada, Reno, National/Nevada Issues Forum, and Mr. John Cobourn, Water Resource Specialist with the Washoe County Cooperative Extension, made a presentation on the purpose and methodology of Nevada Water Forums.  Two booklets were presented to the committee (Exhibits C & D) for reference and information and on view at LCB Research Library.  Ms. Ford spoke from information in Exhibit C, Nevada's Water Future: Making Tough Choices, a report on Nevada Water Forums, 1992-1993.

 

Mr. John Cobourn continued with the presentation from information in Exhibit C, Nevada's Water Future: Making Tough Choices, results of the public voice or the public judgment.  The forum's were told the results would be presented to the Legislature which was presented today.  Rather than hearing from a group who had a particular position on water policy, Ms. Ford, Mr. Cobourn, Cooperative Extension and various groups which had sponsored the forums took no position, tried to remain neutral, educated people about the facts, and encouraged the people to think about the issues and the trade-offs.

 

Ms. Ford closed the presentation with a brief comment on "What Happens Now," and referenced pages 15-16 of Exhibit C.  She said they received a small amount of funding from Nevada Humanities Committee, State Library and Cooperative Extension to continue the project for another year.  She said the last two years had also been spent on other issues besides water.  Forums had been put together in the same manner by the Kettering Foundation out of Dayton, Ohio which was in its 10th year of sponsoring these kinds of forums all over the country.  The topics being proposed for next year included poverty, health care cost and the federal deficit.  She said they would still be presenting the Nevada Water Forum on request and her number was included on the last page.  Ms. Ford gave booklets to the committee (Exhibit D), which had been given to people who attended the forum.  The booklet was a Public Policy Dialogue used as a guide for Nevada's Water Future: Making Tough Choices. 

 

Mrs. Freeman felt the information was important to legislators in order to know what their constituents across the state thought about  water issues.  If anyone would like to have a forum in their district, what kind of a time frame would be needed, asked Mrs. Freeman.  Mr. Cobourn said generally a month would be needed to make all of the arrangements.

 

Ms. de Braga was very impressed and complimented Ms. Ford and Mr. Cobourn on the presentation.  Ms. de Braga felt nothing was more important for Nevada to look at than a long-term, statewide water plan.  She asked if these were the goals in mind and if there was something besides public education to help obtain those goals.  Ms. Ford felt getting the issues and results to public policymakers, administration, State Engineer to formulate concrete plans to move forward.  One thing which came out of the forums was a strong support for adequate funding for water planning.   

 

Discussion took place regarding the number of groups and where the forums were presented. 

 

 

ASSEMBLY BILL 618:

 

      Relinquishes state claims to certain portions of beds and banks of Truckee River within Pyramid Lake Indian Reservation and to certain land under and surrounding Pyramid Lake.

 

Mr. Pete Morros, Director, State Department of Conservation and Natural Resources, spoke on behalf of A.B. 618.  The proposed amendments for A.B. 618 had been given to the committee members (Exhibit E).  Mr. Morros gave a brief background for introduction of A.B. 618.  He said under Title II or the Truckee Carson Settlement Act, certain provisions required the State of Nevada and the Pyramid Lake Paiute Tribe to reach agreement relevant to the surplus waters in the Truckee River and the relinquishment of any claim the state might have to the beds and banks of the Truckee River and Pyramid Lake within the Pyramid Lake Indian Reservation.  The Act required the issue of the surplus waters be negotiated through agreement by both parties.  Under the law, the Director of the Department of Conservation and Natural Resources would be the state's negotiator.  The Act also required the issue of the relinquishment of any claim to the beds and banks be specifically addressed by the legislature, which was the purpose of the introduction of A.B. 618.  Mr. Morros said in the past the bill had been requested and he had actively opposed the bill, not on what the bill would accomplish, but because he felt it was not in the interest of the state of Nevada to "piecemeal" settlement of issues.  He believed the amendments would take care of other issues and a Memorandum of Understanding (Exhibit F) was approved by the Tribal Council, the Governor and Senator Harry Reid.  Three issues were contained in the memorandum, said Mr. Morros.  The first one which was most important to Nevada was the tribes recognition and compliance with Nevada Water Law. It was a major concession on the part of the tribe, stated Mr. Morros.  He continued explaining the Memorandum of Understanding, Exhibit F.

 

Mr. Alvin James, Chairman of the Pyramid Lake Paiute Tribe testified in support of A.B. 618 on behalf of the Tribe.  He spoke from prepared testimony (Exhibit G).

 

Mr. Robert Pelcyger, legal counsel for the Pyramid Lake Paiute Tribe, did not have a statement but would help answer questions from the committee. 

 

Ms. de Braga asked Mr. James what would change by having control or jurisdiction over the beds and banks which the Tribe had not had previously.  Mr. James stated the state would not be on the reservation.  The tribe considered the reservation sovereign and it was difficult to govern with different people owning different land.  Mr. James said they would not need permission from the state for any changes to the river or beds and banks of the Truckee River.  

 

Mr. Pelcyger explained by giving an example of the restoration of the lower Truckee river corridor where the Corp of Engineers had gone in about 30 years ago, taken out the riparian habitat which drastically altered the conditions.  Mr. Pelcyger said when the present work was done the title would be vested in the tribe and there would not be a question of who owns what.  Ms. de Braga said if she owned a piece of land and the river ran through it, she would not have control over the land.  Mr. Pelcyger said the state in her case would own the land.  In the case of the tribe they always felt they owned the bed and banks of the Truckee River and Pyramid Lake. 

 

Mrs. Freeman asked Mr. Pelcyger and Mr. James to speak to the amendments submitted by Mr. Morros.  

 

Mr. Pelcyger said they had seen the amendments before they were submitted to the committee and the amendments had been approved and endorsed by the Tribe. 

 

Ms. Smith asked about control of pollution on the Truckee.  Mr. Pelcyger said polluting was an entirely different subject, and the Tribe has been dealing with the issue and making progress with Washoe County, Reno and Sparks.  He continued to enumerate the preparations the Tribe was making for control of pollution on the Truckee and Pyramid Lake.

 

Mr. Sader asked what the current level of the lake was.  Mr. Pelcyger said he thought the level of the lake was 3,810 feet above sea level.  He said 3,890 feet above sea level was chosen because, when Pyramid Lake was at 3,890 feet, water from the Truckee River backed up and flowed into Old Lake Winnemucca.  Mr. Sader asked if the other two claims for excess water from the Truckee would be withdrawn.  Mr. Pelcyger said he was confident Sierra Pacific would withdraw their application but had not discussed the possibility with Washoe County.  Mr. Sader asked how many acre feet of excess water rights had been contemplated during a high water year.  Mr. Pelcyger said in excess of 1 1/2 million acre feet. 

 

The applications represented requests for 477,000 acre feet based on past records of surplus water, said Mr. Morros.  Mr. Morros said when they had dealt with the applications for excess water, they would declare the stream system fully appropriated.  In the proposed amendment the word "permanent" had been underlined and emphasized, requesting the permanent relinquishment of any claim the state would have to ownership of the beds and banks, said Mr. Morros.  He did not see a problem with the word "permanent" being left in the amendments.

 

Mr. Regan asked Mr. Morros where the Memo of Understanding,  was as stated in the amendment.  Mr. Morros gave each member a copy of the Memorandum of Understanding for their examination  Exhibit F.

 

Mr. Gibbons asked Mr. Pelcyger how long the doctrine of equal footing has been in common law.  Mr. Pelcyger thought it had been in common law since the middle of the 19th century.  Mr. Gibbons said about 1830 and asked if there would be any change in the liability or responsibility for the maintenance of the channel within the lower twenty miles of the Truckee River.  Mr. Pelcyger did not believe the legislation would change anything. The state, as far as he knew, had not exercised any actual jurisdiction of either Pyramid Lake or the lower Truckee River within the boundaries of the reservation.  The tribe and the federal government had exercised defacto control over those bodies of water.  Mr. Gibbons said if the legislature vested the title of the beds and banks to the Indian Tribe, they then would become vested with the responsibility of the maintenance of the channel way for the purposes of liability, maintaining the course of waterway within the area transferred to them.  This would be a relinquishment by the state, while the Tribe believed it already owned the beds and banks.  The tribe was  exercising the authority now and assumed the responsibility which went with ownership. 

 

 

 

      ASSEMBLYMAN SADER MOVED TO AMEND AND DO PASS A.B. 618.

 

      ASSEMBLYMAN NEIGHBORS SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (MR. ERNAUT WAS ABSENT AT THE    TIME OF THE VOTE.)

 

      ********

 

SENATE BILL 108:

 

      Establishes standards for operation and display of radar guns and similar devices.

 

In response to some committee members who felt they had not understood the issue on S.B. 108, Mrs. Freeman asked for a reconsideration of the bill.

 

      ASSEMBLYMAN NEIGHBORS MOVED TO RECONSIDER S.B. 108.

      WITH THE UNDERSTANDING LINES 1-8 BE OMITTED FROM THE BILL.

 

      ASSEMBLYMAN BACHE SECONDED THE MOTION.

 

      THE MOTION LOST.  A TWO-THIRD MAJORITY WAS NEEDED FOR PASSAGE.  (ASSEMBLYMEN GIBBONS, REGAN AND SCHNEIDER VOTED NO.  ASSEMBLYMAN ERNAUT WAS ABSENT AT THE TIME OF THE VOTE.)

 

There being no further business to come before the committee, the meeting was adjourned at 3:30 p.m.

 

 

      RESPECTFULLY SUBMITTED:

 

 

 

 

                              

      PAT MENATH

      Committee Secretary

 

 

     

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Assembly Committee on Natural Resources, Agriculture and Mining

May 26, 1993

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