MINUTES OF THE
SENATE COMMITTEE ON NATURAL RESOURCES
Sixty-seventh Session
June 21, 1993
The Senate Committee on Natural Resources was called to order by Chairman R. Hal Smith, at 9:20 a.m., on Tuesday, June 21, 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 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
OTHERS PRESENT:
Pete G. Morros, Director, Nevada Department of Conservation and
Natural Resources
Alvin R. James, Tribal Chairman, Pyramid Lake Paiute Tribe
Dale T. White, Legal Counsel, Pyramid Lake Paiute Tribe
John Pappageorge, Lobbyist, Clark County
Larry W. Bennett, Representing Self
Chairman Smith convened the hearing and informed committee members that it was time to suspend Senate Standing Rule 92. Prior to the vote, Rayanne Francis, Committee Secretary, informed Chairman Smith that only four members were present and the formal vote would require no less than five members vote in favor of the motion.
Considerable discussion ensued on whether Senate Standing Rule 92 needed to be suspended in committee due to the fact it had already been suspended on the senate floor. Ms. Francis insisted that, in addition to the vote on the senate floor, a two-thirds majority vote must be taken by members of the committee. Chairman Smith admitted that he understood both sides of the argument and offered to delay the vote until another member of the committee was present.
Chairman Smith opened the hearing on Senate Bill (S.B.) 118.
SENATE BILL 118: Makes various changes to provisions governing revocation or suspension of licenses issued for hunting, fishing, or trapping wildlife.
Chairman Smith invited Senator Rhoads to provide additional information on the assembly amendment to S.B. 118. Senator Rhoads proceeded to explain what specific changes had been made to the bill.
SENATOR RHOADS MOVED TO CONCUR IN THE ASSEMBLY AMENDMENT TO S.B. 118.
SENATOR NEAL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS TITUS, JAMES AND ADLER WERE ABSENT FOR THE VOTE.)
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Chairman Smith opened the hearing on A.B. 618.
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.
Pete G. Morros, Director, Nevada Department of Conservation and Natural Resources, introduced himself to members of the committee. He referred to a handout provided to members of the committee describing a "Memorandum of Understanding" (MOU) (Exhibit C). He drew attention to the fact that this MOU was referred to in the text of A.B. 618.
After reviewing the MOU, Senator Neal assumed the state is intending to relinquish its rights to the bed and banks of the Truckee River and Pyramid Lake. He asked if the final settlement is based upon a false claim. Mr. Morros responded by saying the state's claimed ownership to the bed and banks has been festering for quite a few years. He continued by saying the Nevada Attorney General's Office had initiated a lawsuit, several years ago, in an attempt to assert Nevada's ownership claim to the bed and banks. Mr. Morros asserted that he had never supported this lawsuit and had never supported any claim the State of Nevada may have had to the ownership of the bed and banks. He commented on the fact that this lawsuit went to the United States Court of Appeals for the Ninth Circuit, in San Francisco, California. He continued by saying the case was rejected on the grounds that the federal government, the trustee on behalf of the Pyramid Lake Paiute Tribe, had not given permission to be sued. Without a declaration by the Nevada State Legislature, that the state has no further claim of ownership, he said the case could be renewed at some point in the future.
If the state relinquishes its claim to the bed and banks of the Truckee River and Pyramid Lake, Senator Neal asked what Mr. Morros meant by bringing the Tribe under the water law of the State of Nevada. Mr. Morros responded by saying the Pyramid Lake Paiute Tribe has agreed to pursue favorable approval of water permit applications submitted to the state engineer. The tribe's applications, for the surplus waters of the Truckee River, have been pending for several years. The state engineer has not taken action on these applications due to the fact that, until early 1993, there was always a question of whether the tribe would recognize and comply with state water law.
As a result of the MOU negotiations, Mr. Morros said the Pyramid Lake Paiute Tribe has agreed to recognize and comply with the state's water law. If the tribe is successful in gaining the state engineer's approval of their water permit applications, Mr. Morros said the State of Nevada has promised to accompany the tribe to the federal ore ditch water court. At that time, an attempt will be made to obtain confirmation from the federal government regarding the tribe's rights. In return, the State of Nevada has agreed to support A.B. 618 by urging the legislature to relinquish any claim the state may have had to ownership of the bed and banks.
Senator Neal explained he must have missed something important in Mr. Morros's testimony. He continued by saying that he understands the tribe has already filed for water rights to surplus water in the Truckee River. Mr. Morros said this is correct and stressed the tribe filed these applications by following state procedures. He continued by saying he surmises that the tribe had filed the applications as a backup measure. He emphasized that by doing so the tribe has not relinquished any claim it may or may not have to a federally-reserved right. Mr. Morros stated that this is explained further by language contained within section 8 of the MOU (Exhibit C). He said this language had been included in case the tribe was not successful in acquiring rights under the state system. In this instance, he mentioned that the tribe would then be eligible to fallback to a litigation process.
Senator Neal wondered why the tribe is going through the state process if they have a valid claim. Mr. Morros said a claim is undetermined until it is confirmed through litigation. He said he was not speaking on behalf of the Pyramid Lake Paiute Tribe, however, if the tribe is going to assert a claim by proceeding through the litigation process and then lose the case, it only made good sense to cover all of their bases, instead of being left "high and dry." Mr. Morros stressed that his previous comments should, in no way, be interpreted to mean that he anticipated that the tribe would be unsuccessful in its bid for water rights.
In reference to following state procedures when filing for water rights, Senator Neal surmised that Mr. Morros was saying that the tribe would not endanger its rights to the waters of the Truckee River under federal law. Mr. Morros said this statement is correct. He continued by saying the tribe understands that if the state approves its applications and issues the permit, the State of Nevada would then have an obligation to protect those water rights. He explained A.B. 618 establishes a partnership for protection under state law, in addition to the tribe's fallback position to the federal courts.
Mr. Morros pointed out an error in section 1 of A.B. 618. He continued by saying the reference to "section 210(a)(2)(b) of Public Law 101-618" should be changed to read "section 210(a)(2)(B) of Public Law 101-618." Chairman Smith assumed an amendment would have to be prepared to make this change and assured Mr. Morros that he would take care of this matter if the Senate Committee on Natural Resources processed A.B. 618.
Senator Rhoads inquired if A.B. 618 would affect other tribal lands, i.e., the Owyhee area. Mr. Morros replied by assuring members of the committee that this legislation was designed to only address Pyramid Lake and the banks of the lower Truckee River (on the Pyramid Lake Indian Reservation). Senator Rhoads asked if A.B. 618 might possibly set a precedent for other indian tribes in the State of Nevada. Mr. Morros said he doubted this would present any problems. He continued by saying the MOU and A.B. 618 have been negotiated in good faith.
Senator Rhoads said he is aware that the Wild Horse Reservoir was not on tribal land and asked who owns the land under the reservoir. Mr. Morros replied by saying the Bureau of Land Management (BLM) owns the property under the reservoir and the State of Nevada owns land adjacent to the Wild Horse Reservoir.
Senator Adler stated he was under the assumption that the State of Nevada owns the land under any navigable waters located within the state. Mr. Morros said the premise for the state's claim is based upon this very fact. He remarked that even if the state was successful in asserting its claim of ownership to Pyramid Lake, what would be the point? He said A.B. 618 responded to the language contained within the federal Truckee-Carson-Pyramid Lake Water Rights Settlement Act, Title II of Public Law 101-618. Mr. Morros explained this federal law requires that the Nevada State Legislature, specifically, relinquish any claim to the bed and banks of the lower Truckee River and Pyramid Lake.
Senator Neal asked Mr. Morros if passage of A.B. 618 would prevent any further dispute from taking place as to the ownership of the bed and banks of the Truckee River and Pyramid Lake. Mr. Morros replied by saying the language contained in A.B. 618 would, permanently, relinquish any claim the Sate of Nevada may have to the bed and banks of the Truckee River within the Pyramid Lake Indian Reservation, and to certain land under and surrounding Pyramid Lake.
In terms of ownership, Senator Neal asked Mr. Morros to explain what effect would passage of A.B. 618 have upon the Pyramid Lake Paiute Tribe. Mr. Morros said passage of A.B. 618 would preclude further lawsuits or litigation if the state were to decide, at some future date, that they were interested in asserting their claim to these lands or waters. He also emphasized that if the tribe is successful in gaining the state engineer's approval of their water applications for the surplus waters, the stream system would be fully appropriated.
Senator Neal asked what relationship did this matter have with the Ore Ditch Decree. Mr. Morros explained this is a federal decree that sets forth the limit and extent of all existing water rights on the Truckee River system. He said the tribe's applications represent an appropriation of the surplus waters above and beyond what is needed to fully serve all of the water rights under the Ore Ditch Decree. Mr. Morros admitted that, in some years, there is no surplus water from the Truckee River. In other years, there is a considerable amount of surplus water. Regardless of whether the water is there or not, he explained the Pyramid Lake Paiute Tribe is seeking to establish a right to that surplus so it can flow into Pyramid Lake, rather than be diverted for another use.
Senator Adler said he supports passage of A.B. 618, because it could clear up potential jurisdictional problems of whether the state or tribe could legally regulate boating on Pyramid Lake or issue fishing permits on the banks of the lake and Truckee River.
Alvin R. James, Tribal Chairman, Pyramid Lake Paiute Tribe, introduced himself to members of the committee. Mr. James's comments to members of the Senate Committee on Natural Resources is contained in Exhibit D.
Senator Neal stated he remembered that the legislature had appropriated some funding for the Truckee Irrigation District lawsuit. He asked Mr. Morros if A.B. 618 has any relationship to this matter. Mr. Morros replied by saying the litigation money appropriated for this lawsuit is somewhat related to A.B. 618, but only because the state is genuinely attempting to settle all of the issues dealing with the Truckee River.
Senator Neal remarked that he hoped these issues could be settled quickly, because he is opposed to appropriating additional litigaton funding. Mr. Morros said he respected Senator Neal's feelings on this subject, but pointed out that all of the issues have not yet been settled. However, he said A.B. 618 brings the state one step closer to finalizing these issues concerning the Truckee River.
Dale T. White, Legal Counsel, Pyramid Lake Paiute Tribe, introduced himself to members of the committee. From the standpoint of the Pyramid Lake Paiute Tribe, he feels it is important to erase any doubt that the State of Nevada has any kind of credible claim to the bed and banks of the Truckee River or Pyramid Lake. He continued by saying the tribe is concerned about two matters: 1) removing the vagueness from any potential lawsuit the state may bring against the tribe; and 2) removing any overlapping jurisdiction or claim to these lands and waters. Mr. White said the State of Nevada knew about the tribe's claim to Pyramid Lake and the lower Truckee River as long ago as 1877. He concluded his testimony by saying passage of A.B. 618 would benefit both the state and the Pyramid Lake Paiute Tribe.
Chairman Smith asked Robert Martinez, Representing Self, if he was interested in providing testimony on A.B. 618. Speaking from the audience, Mr. Martinez declined. Mr. Morros explained the fact that Mr. Martinez is a tribal member, as well as a staff member in the Division of Water Resources.
Chairman Smith called for action on A.B. 618.
SENATOR HICKEY MOVED TO AMEND AND DO PASS A.B. 618 AS AMENDED.
SENATOR NEAL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR TITUS WAS ABSENT FOR THE VOTE.)
* * * * *
Chairman Smith called for action on Senate Standing Rule 92.
SENATOR RHOADS MOVED TO SUSPEND SENATE STANDING RULE 92.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman Smith opened the hearing on A.B. 623.
ASSEMBLY BILL 623: Authorizes state emergency response commission to adopt regulations which regulate division of emergency management of department of military.
Chairman Smith noted the fact that this bill was not on the day's agenda. However, he said it is his intent to refer A.B. 623 to a subcommittee chaired by Senator Hickey.
John Pappageorge, Lobbyist, Clark County, introduced himself to members of the committee. He explained A.B. 623 had been introduced in an attempt to more clearly define certain responsibilities of the State Emergency Response Commission (SERC). He said one of these responsibilities is to control and distribute monies to local governments for the training of emergency responders to hazardous materials incidents. Additionally, the SERC would be responsible for the hazardous materials training across the State of Nevada. He said this is consistent with the federal regulation requiring that each state appoint a SERC committee, which Governor Miller has done.
Mr. Pappageorge said there have been some problems in the past with federal funding not reaching the appropriate fund. He commented on the fact that federal monies for the SERC committee (to be passed on to local governments) had not reached its destination. He emphasized that several changes have been made and that A.B. 623 is a further attempt to ensure this never occurred in the future.
Mr. Pappageorge pointed out James P. Hawke VII is the new director of the Nevada Department of Military, Division of Emergency Management. Mr. Hawke had indicated to Mr. Pappageorge that he is in agreement with the amended language contained within A.B. 623 and supported its passage.
Larry W. Bennett, Representing Self, introduced himself to members of the committee. He emphasized the fact that he was also one of the original appointees to the State Emergency Response Commission.
Mr. Bennett said A.B. 623 clarified exactly who would be responsible for administering hazardous materials programs. He insisted this piece of legislation would reduce the duplication of effort and coordinate all hazardous materials functions under the SERC.
Senator Hickey told those in attendance that he understands the reason A.B. 623 has been introduced and hopes that it would correct the previous problems with the federal funding.
Chairman Smith assigned A.B. 623 to Senator Hickey's subcommittee and asked him to name the members of his subcommittee. Senator Hickey asked Senators Neal and Adler to work with him on A.B. 623.
Chairman Smith closed the hearing on A.B. 623 and opened the hearing on A.B. 538.
ASSEMBLY BILL 538: Revises provisions governing operation of watercraft in area where diver's flag is displayed.
Chairman Smith asked if anyone in attendance was interested in testifying in support of or in opposition to the bill. Since there was no response from the audience, Chairman Smith said he is not aware of any opposition to A.B. 538. Accordingly, he called for action on the bill.
SENATOR ADLER MOVED TO DO PASS A.B. 538.
SENATOR NEAL SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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Chairman Smith drew the committee members' attention to a handout provided by the National Conference of State Legislatures (Exhibit E). He pointed out the memorandum, dated June 18, 1993, deals with safe drinking water. He advised members of the committee to direct their comments and suggestions on the subject to Fred Welden, Chief Deputy Research Director, Research Division, Legislative Counsel Bureau.
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There being no further business before the Senate Committee on Natural Resources, Chairman Smith adjourned the hearing at 10:02 a.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
June 21, 1993
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