MINUTES OF THE

      SENATE COMMITTEE ON NATURAL RESOURCES

 

      Sixty-seventh Session

      March 4, 1993

 

 

 

The Senate Committee on Natural Resources was called to order by Chairman R. Hal Smith, at 8:40 a.m., on March 4, 1993, in Room 224 of the Legislative Building, Carson City, 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 Mark A. James

Senator Joseph M. Neal, Jr.

Senator Thomas J. Hickey

Senator Dina Titus

Senator Ernest E. Adler

 

 

 

GUEST LEGISLATORS PRESENT:

 

Mike McGinness, Senator, Nevada Legislature

John Marvin, Assemblyman, District 4

 

 

STAFF MEMBERS PRESENT:

 

Caren Jenkins, Senior Research Analyst

Caroline Allen, Committee Secretary

 

 

OTHERS PRESENT:

 

Thomas W. Ballow, Executive Director, 

  Nevada Department of Agriculture

Bob Gronowksi, Director, Division of Plant Industry,

  Nevada Department of Agriculture

C.R. "Bud" Lies, State Statician,

  Nevada Agricultural Statistic Services

Virgil Getto, Representative, Lahontan

  Conservation Service

Peggy Hughes, District Conservationist,

  Soil Conservation Service

Pam Wilcox, Administrator, Division of State Lands

R. Michael Turnipseed, Professional Engineer, State Engineer,

  Department of Conservation and Division of Natural Resources

  Division of Water Resources

Jim Weishaupt, Manager, Walker River Irrigation District

Doug Driesner, Professional Engineer, Administrator,

  Division of Abandoned Mine Lands, Department of Minerals

Larry Hauge, Director, Legislative Affairs,

  Nevada Mining Association

Mike Geary, Nevada Mining Association

John King, Nevada Department of Wildlife

M. Douglas Miller, President, Nevada Miner's & Properties Association

Bob Goodman, Conservation Chairman, Lahontan Audubon Society

Ann Kersten, Graduate Student, University of Nevada Reno

 

      * * * * *

 

 

Tom Ballow, Executive Director, Nevada Department of Agriculture, 

stated it was a pleasure to be before the committee and he introduced

Robert Gronowski, Director, Division of Plant Industry, indicating he

would show slides pertaining to Nevada agricultural.  He also

introduced C.R. "Bud" Lies, State Statician, Nevada Agricultural

Statistic Service, further explaining this to be a cooperative effort

between the State Department of Agriculture, the College of

Agriculture and the United States Department of Agriculture.  He

informed the committee Mr. Lies had a statistical report to present

to them.

 

 

Robert Gronowski, Director, Division of Plant Industry, Nevada

Department of Agriculture, introduced himself to members of the

committee.

 

 

Mr. Ballow began his presentation by stating things seem to be

looking up and everyone seems to be smiling because there had been

a tremendous snow pack this year and it appeared that it would be

enough water to irrigate and the farmers would be able to farm.  He

further stated this area had been in 6 years of drought and last

year, the farmers did not have very much water with which to irrigate. Mr. Ballow stated because of the drought, there had been a loss of

normal rotations of alfalfa and grain and such.  He said the people

were using their small amounts of available water to just maintain

some of their permanent crops, such as, alfalfa and seed crops, etc.

He stated it would take a couple of years of good moisture, in order

to get back into production, emphasizing the same to be true about

their animal livestock production.  He said herds had been culled

severely because they did not have very good range conditions and

the water supply on the range for watering livestock was very

limited last year, stating that a lot of the herds had been reduced

in size.

 

 

 

 

Mr. Gronowki stated what he would like to present from his slides,

was about Nevada Agriculture and some of the traditional animal

agriculture industries, and plant industries.  He stated some of

the newest animal industries and crops had come into Nevada.  He

stated Nevada has the potential for gaining new animal and plant

industries.  He mentioned there were some new dynamic things on the

horizon.  Mr. Gronowksi continued his presentation from the slides.

 

 

Further discussion ensued from Mr. Gronowski's presentation.

 

 

C.R. "Bud" Lies, State Statician, Nevada Agriculture Statistic

Service, introduced himself to members of the committee.  He

directed the committee's attention to the handout that was being

distributed to them, (Exhibit C), titled "Annual Agriculture Statistics Bulletin, which is a summary of agriculture.  Mr. Lies gave

his presentation from Exhibit C.

 

 

Chairman Smith thanked the presenters and closed the hearing on

their presentation.

 

 

Chairman Smith opened the hearing on Senate Bill (S.B.) 232:

 

 

SENATE BILL 232:   Extends prospective expiration of provision

                 immunity from liability to governmental

                 entity that clears channel of navigable

                 river.

 

 

Mike McGinness, Senator, Nevada Legislature, introduced himself to

members of the committee and stated he was asked to submit this

bill to extend the immunity from liability for Nevada Revised Statutes

(NRS) Chapter 735, (Exhibit D) indicating he had provided copies of  this for members of the committee taking them from the statutes of

1989 as defined:

 

      ...an act relating to navigable rivers; providing immunity from civil liability to the state and any city, county or other political subdivision for clearing a channel of a navigable river; expanding eligibility for a grant from the channel clearance, surveying and monumenting program; and providing other matters properly relating thereto.

 

 

Senator McGinness stated that former Senator Getto presented this bill in the 1989 session and he has been working with the group in Fallon,

who have concern being with the Carson River.   He stated this was the

extent of his knowledge and he referred the explanation to Mr. Getto.

 

 

Virgil Getto, Representative, Lahontan Conservation Service and Lower

Management Group, introduced himself, Peggy Hughes, District

Conservationalist, Soil Conservation Services and Steve Walker,

the Resource Conservation Development Coordinator, Carson-Walker

Resource Conservation and Development area.  Mr. Getto mentioned these

two individuals were facilitators and advisors to the district and

the planning group.

 

      

Mr. Getto gave his presentation from Exhibit E, titled, HEARING ON

SB 232.

 

 

Senator Rhoads asked where the matching funds for the project were

coming from?

 

 

Mr. Getto responded that one of the sources $50,000 from the state,

money that has not been used for years and also they have applied for

some federal grants.

 

 

Mrs. Hughes also addressed Senator Rhoads question, as far as the

federal funding, stating the Army Corps of Engineers was originally

involved with the conservation district in looking at the project

and coming in with their small program funds, but Army Corps of

Engineers, in their evaluation found the project did not have the cost

benefit ratio in order for the government to proceed.  She further

stated that if they were able to get the funding from the state

and proceed with the project, then the government will in time,

contribute funds to go towards the matching for the state money.

 

 

Further discussion ensued concerning funding for the project.

 

 

Pam Wilcox, Administrator, Division of State Lands, introduced herself

to members of the committee.  She interjected that her agency and

the Division of Water Resources were the two agencies concerned with

the funds for the project.  She stated the funds were actually

administered by the Division of Water Resources.

 

 

 

 

Chairman Smith commented to the committee, that there was concern

about the extension of the liability and there had been an agreement

between the trial lawyers and that immunity has been extended through

1996.

 

 

R. Michael Turnipseed, Professional Engineer, State Engineer,

introduced himself to members of the committee and stated the 

application does come through his office and he coordinates with

Mrs. Wilcox's office, as far as having all the permits required

through state lands, etc.  He added that although, the fund had not

been exercised in his time as a State Engineer, he stated he knew it

had been used in the past.

 

 

Jim Weishaupt, District Manager, Walker River Irrigation District,

introduced himself to members of the committee.  He stated that the

Walker River Irrigation District is in the same state of affairs as

the Carson River, due to the fact that the last 6 years of drought

conditions have allowed the encroachment of wells and growth of

tullies on their sand bars.  Secondly, he stated the minimum flows

that have been released for irrigation demand have caused the bottom of the channel to meander.  He stated his concern about the erosion process.  With further discussion, he summarized on behalf of the people of Yerrington and Lyon County.  He stated he would like to encourage the favorable passage of S.B. 232.

 

 

Chairman Smith closed the hearing on Senate Bill 232.

 

 

Chairman Smith opened the hearing on Assembly Bill (A.B.) 2.

 

 

ASSEMBLY BILL 2:   Revises certain requirements concerning marking

                 of boundaries of lode mining claims.

 

 

John Marvin, Assemblyman, Assembly District 34, introduced himself

to members of the committee emphasizing he was there today to

have dialogue on A.B. 2.  He stated what brought about this bill was

a request from the Department of Minerals to come up with some kind

of a staking system that would be environmentally acceptable at the

same time and economically feasible.   He stated all the groups that

were interested in this bill came together and more or less drafted

A.B. 2.  He also stated there was not opposition at all from the

Assembly Committee on Natural Resources.

 

 

 

 

 

Doug Driesner, Administrator, Division of Abandoned Mine Lands,

Department of Minerals, introduced himself to members of the

committee.  Mr. Driesner gave his presentation from Exhibit F, a

letter from State Director, Billy R. Templeton, United States

Department of the Interior and Exhibit G, a diagram titled,

"A Typical Mining Claim." 

 

 

Further discussion ensued from Mr. Driesner's presentation.

 

 

Chairman Smith extended invitation for other testimony.

 

 

Larry Hauge, Director of Legislature Affairs; Nevada Mining

Association, introduced himself and Mike Geary, Nevada Mining

Association.  He stated the Nevada Mining Association worked closely

with all of the affected parties in the development of this

legislation.

 

 

Chairman Smith asked if there were any other testifiers?

 

 

John King, Habitat Staff Wildlife Biologist, Nevada Department of 

Wildlife, introduced himself to members of the committee.  He

stated he was there in strong support of A.B. 2, emphasizing this

bill to be cooperatively drafted by industry, environmental and

governmental representatives.  With further discussion, he

summarized his presentation by commending the industry for its

leadership in addressing this problem before they were forced to do

so and stated their efforts were recognized.

 

 

M. Douglas Miller, President, Nevada Miner's and Properties's

Association, introduced himself to members of the committee.

He stated they had endorsed this bill.  He also indicated they had

some 1200 claims in the state and he expounded further on their

concerns.  He mentioned they were also in strong support of this

bill.

 

 

Bob Goodman, Conservation Chairman, Lahontan Audubon Society,

introduced himself to members of the committee.  Mr. Goodman

gave his presentation from Exhibit H, titled Senate Bill On

Mining Claim Posts.

 

 

Ann Kersten, Graduate Student, University of Reno, Nevada, introduced

herself to members of the committee and stated she was representing

the Sierra Club.  She gave her presentation from Exhibit I, titled

Testimony of Ann Kersten.

 

 

Chairman Smith closed the hearing on Assembly Bill 2.

 

 

Chairman Smith called for action from the committee.

 

 

Senator Rhoads mentioned a proposed amendment to S.B. 232

on line 3, section 2, to change 1994 to 1996:

 

      ...this act expires by limitation on June 30,

      [1993] 1994.

 

 

      SENATOR RHOADS MOVED TO AMEND AND DO PASS S.B. 232

      AS AMENDED.

 

      SENATOR NEAL SECONDED THE MOTION.

 

      THE MOTION CARRIED UNANIMOUSLY. 

 

 

      * * * * *

 

 

      SENATOR TITUS MOVED TO DO PASS A.B. 2.

 

      SENATOR JAMES SECONDED THE MOTION.

 

      THE MOTION CARRIED UNANIMOUSLY.

 

 

      * * * * *

 

 

Chairman Smith called for introduction of BDR 46-669.

 

BILL DRAFT REQUEST (BDR) 46-669:   Revise provisions concerning

                                 fees charged in connection

                                 with mining reclamation.

 

 

 

 

 

 

      SENATOR NEAL MOVED TO INTRODUCE BDR 46-669.

 

      SENATOR HICKEY SECONDED THE MOTION.

 

      THE MOTION CARRIED UNANIMOUSLY.

 

 

 

There being no further business before the Senate Committee on

Natural Resources, Chairman Smith adjourned the hearing at

10:20 a.m.

 

     

 

     

 

 

            RESPECTFULLY SUBMITTED:

 

 

 

                                    

            Caroline Allen,

            Committee Secretary

 

 

 

APPROVED BY:

 

 

 

 

                                

Senator R. Hal Smith, Chairman

 

 

DATE:                           

??

 

 

 

 

 

 

 

Senate Committee on Natural Resources

March 4, 1993

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