MINUTES OF THE
SENATE COMMITTEE ON NATURAL RESOURCES
Sixty-seventh Session
February 9, 1993
The Senate Committee on Natural Resources was called to order by Chairman R. Hal Smith, at 8:40 a.m., on Tuesday, February 9, 1993, in Room 205/206 at Cashman Field Center, Las Vegas, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Senator R. Hal Smith, Chairman
Senator Dean A. Rhoads, Vice Chairman
Senator Ernest E. Adler
Senator Thomas J. Hickey
Senator Mark A. James
Senator Joseph M. Neal, Jr.
Senator Dina Titus
STAFF MEMBERS PRESENT:
Caren Jenkins, Senior Research Analyst
Rayanne Francis, Senate Committee Secretary
Carolyn Allen, Senate Committee Secretary
OTHERS PRESENT:
W. Brent Hardy, Vice Chairman, Board of Directors, Southern
Nevada Water Authority
Patricia Mulroy, General Manager, Southern Nevada Water
Authority
Kurt Segler, Utility Manager, City of Henderson
David Donnelly, Chief Engineer, Las Vegas Valley Water District
Ken Albright, Utility Engineer, City of North Las Vegas
Gary Weatherford, Special Counsel, City of Henderson
Scott Higginson, Councilman, City of Las Vegas
Jay Bingham, Clark County Commissioner
Larry Scheffler, Councilman, City of Henderson
Terry Katzer, Director of Research, Las Vegas Valley Water
District
* * * * *
W. Brent Hardy, Vice Chairman, Board of Directors, Southern Nevada Water Authority (SNWA), introduced himself to members of the committee. Further testimony provided by Mr. Hardy is extracted from Exhibit C (original in research library).
Patricia Mulroy, General Manager, Southern Nevada Water Authority, introduced herself to members of the committee. She referred to page 5 of Exhibit C, which contained an outline of the SNWA's presentation. She explained a series of speakers would be presenting various portions of southern Nevada's water issues to the committee. Several times during the course of the meeting, Ms. Mulroy offered her observations and answered questions from members of the committee.
Kurt Segler, Utility Manager, City of Henderson, introduced himself to members of the committee. He gave a general overview of the member agencies of the SNWA and the role each agency played concerning water resources in southern Nevada. Mr. Segler utilized a slide projector and Exhibit C contains the material presented to the Senate Committee on Natural Resources.
David Donnelly, Chief Engineer, Las Vegas Valley Water District, introduced himself to members of the committee. He presented an informational slide show detailing the present use of water in the Las Vegas area and the projected need for water in the future. The resource material for Mr. Donnelly's presentation is contained in Exhibit C (pages 14 - 32).
Ken Albright, Utility Engineer, City of North Las Vegas, introduced himself to members of the committee. He presented information on new water resource options for southern Nevada. An outline of Mr. Albright's testimony is contained on pages 33 through 35 of Exhibit C.
Gary Weatherford, Special Counsel, City of Henderson, introduced himself to members of the committee. He presented a brief overview of the aspects of the "law of the river" which posed a challenge to the Colorado River options described by the meeting's previous speakers.
Mr. Weatherford emphasized the Colorado River is the most fought over and regulated rivers in the world. He pointed out the Colorado River Basin encompasses 244,000 square miles and is composed of seven states and Mexico. He remarked 30 Indian reservations and countless water agencies utilize water within the natural drainage area of the Colorado River Basin. Mr. Weatherford described the complexities of contracting Colorado River water.
Mr. Weatherford utilized a slide and overhead projector during his presentation. The resource material for Mr. Weatherford's presentation to the Senate Committee on Natural Resources is contained in Exhibit D. Additional background information was also provided to the committee secretary which consisted of a copy of a similar dissertation presented at a workshop in Denver, Colorado in May, 1990 (Exhibit E).
Scott Higginson, Councilman, City of Las Vegas, introduced himself to members of the committee. He said the creation of the SNWA was a "modern political miracle" in southern Nevada. He explained he was still amazed that it only required a few months for the five water-related entities to develop an agreement addressing: 1) shared shortages; 2) mutual cooperation; and 3) dividing future percentages of water.
Mr. Higginson said the SNWA is considered, on a national level, to be a model organization for development of cooperative solutions to water problem issues. Portions of Mr. Higginson's testimony is extracted from pages 37 - 39 of Exhibit C.
Jay Bingham, Clark County Commissioner, introduced himself to members of the committee. Mr. Bingham expressed his confidence in the SNWA's ability to address the water resource needs for the State of Nevada. He admitted SNWA members do not always agree with one another on every issue, however, the goal of the entire process is to resolve the area's present and future water resources needs. To achieve this goal, Mr. Bingham stressed the SNWA intends to aggressively pursue solutions to southern Nevada's water problems. He concluded his testimony by extending the SNWA's assistance and cooperation to the state legislature.
Larry Scheffler, Councilman, City of Henderson, introduced himself to members of the committee. He pointed out Nevada is not the only state to experience water problems. He called attention to the fact that, in the early 1960s, Arizona successfully sued the State of California to establish a legal water allocation. Mr. Scheffler clarified this law suit was won with the assistance of a combined group from Nevada. He emphasized the SNWA was built on a similar premise and planned to be every bit as successful in meeting its goals and objectives.
Mr. Scheffler said he anticipated the Colorado River Commission (CRC) could, conceivably, become the Nevada Colorado River Commission (NCRC). He emphasized the SNWA was extremely interested in joining forces with the CRC, strengthening the state's ability in identifying and resolving water resource problems. He concluded his testimony by asking for legislative support of this new water board or agency concept.
Senator Adler asked Mr. Scheffler to describe the makeup of this new agency and how it would operate. Mr. Scheffler said he envisioned this agency would be comprised of members of several water entities across Nevada. For example, members of the SNWA, the water board in Reno and, possibly, the CRC. He cautioned members of the committee that it may not be wise to have officials who are not elected make policy decisions on the state's water resources. Mr. Scheffler surmised the Governor may be responsible for appointing various members to this new board.
Mr. Higginson said, just as there are numerous options on where to obtain water, the same holds true for how the new agency should be structured and organized. He recommended that the CRC be retained in its present form, because there are many important functions it presently performs (other than looking for new sources of water). Mr. Higginson stressed a possible solution to communication problems would be to expand the CRC to a seven member board by appointing two members of the SNWA.
Mr. Higginson concluded his testimony by saying the final decision, on what should be the state's role in water issues, rests with the legislature and Governor. However, he stressed the final decision on which water projects to pursue, and their level of priority, should be left to locally elected officials. He acknowledged it is the local official who will be responsible for passing on rate increases to their constituents.
Mr. Bingham explained all seven members of the SNWA have a difference of opinion on the structure and makeup of the new water agency. He stressed it was the Nevada state legislature's job to determine if a new agency is needed and, if so, how it will be structured.
Mr. Bingham emphasized that the SNWA does not have any kind of personality conflict with members of the CRC. He said the development of a new water agency, or the inclusion of SNWA members to the CRC, has nothing to do with personalities or power struggles. Mr. Bingham stressed the real issue dealt with Nevada's future in relation to water. He concluded by saying the bottom line was: 1) what is the best way to solve the state's water problems?; 2) how quickly can these problems be solved?; and 3) what is the most cost-effective solution?
Chairman Smith complimented members of the SNWA on their comprehensive presentations and expressed his appreciation for their cooperative attitudes. He stressed the Senate Committee on Natural Resources was also dedicated to the social, economic, environmental, and political welfare of the state's citizens.
Mr. Higginson remarked the SNWA would fully support the direction the legislature took regarding the development of a new water agency. His only concern was that members of the new agency be apprised of the SNWA's role and allow SNWA members to involve themselves whenever new options were examined. He concluded by saying the key to resolving the state's water problems revolved around the cooperative effort of all entities.
Ms. Mulroy introduced the next presenter, Terry Katzer, Director of Research, Las Vegas Valley Water District. She pointed out Mr. Katzer had previously directed Nevada's division of the United State Geological Survey (USGS).
Mr. Katzer utilized a slide projector in his presentation and material on the "Cooperative Water Project" is contained in Exhibit F. He continued his presentation by covering material contained in a handout, entitled "Hydrology, Water Resources and Environmental Concerns for the Lower Virgin River Basin, Clark County, Nevada" (Exhibit G).
During Mr. Katzer's presentation on the Virgin River, Ms. Mulroy pointed out this river flows through the states of Utah, Arizona and Nevada. She continued by saying the Virgin River is presently unadjudicated (without a compact agreement). Ms. Mulroy said she is very concerned that there are insufficient funds for the State Engineer to conduct water right hearings on Nevada's claim to the Virgin River. She said the states of Utah and Arizona were well into the process of conducting hearings to stake their own claims to Virgin River waters. Ms. Mulroy concluded by saying the SNWA hoped to obtain financial relief for the State Engineer's Office from the legislature. She stressed it is imperative that Nevada's Virgin River water right hearings proceed as quickly as possible.
Senator Hickey inquired if Nevada was interested in staking a claim to water rights in the Virgin River and/or groundwater under the river. Mr. Katzer replied the SNWA was working cooperatively with the USGS to develop the surface water of the Virgin River, not the groundwater. He continued by saying the groundwater was almost fully appropriated and the water quality was worse (saltier) than the river's surface water.
Chairman Smith apologized to members of the SNWA that the meeting's adjournment time was drawing near. He asked Ms. Mulroy to put together specific information on the sources of SNWA funding, how much money was allocated to research & development, where the money was being spent, how much money was being expended for outside legal services, etc. Chairman Smith said this type of information would be invaluable in determining how much revenue would be required if the legislature were to consider approval of developing a new water agency.
Chairman Smith remarked that an individual in the audience, Mr. Delton Wellman, had approached him prior to convening the meeting. Chairman Smith informed those in attendance that Mr. Wellman had Colorado River water rights which were in need of being developed. He concluded his comments by encouraging the SNWA to follow-up and pursue the matter.
* * * * *
There being no further business before the Senate Committee on Natural Resources, Chairman Smith adjourned the hearing at 12:00 p.m.
RESPECTFULLY SUBMITTED:
Rayanne J. Francis,
Committee Secretary
APPROVED BY:
Senator R. Hal Smith, Chairman
DATE:
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Senate Committee on Natural Resources
February 9, 1993
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