The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 2:05 p.m., on Monday, March 15, 1999, in Room 2144 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

COMMITTEE MEMBERS PRESENT:

Senator Dean A. Rhoads, Chairman

Senator Lawrence E. Jacobsen, Vice Chairman

Senator Mike McGinness

Senator Mark A. James

Senator Bob Coffin

Senator Maggie Carlton

COMMITTEE MEMBERS ABSENT:

Senator Raymond C. Shaffer (Excused)

STAFF MEMBERS PRESENT:

Fred Welden, Committee Policy Analyst

Scott Corbett, Committee Secretary

OTHERS PRESENT:

Senator James, acting chairman, opened the meeting by asking for committee introduction of Bill Draft Request (BDR) 40-890, and BDR 3-1245.

Chairman James opened the hearing on Senate Bill (S.B.) 291.

Senator Jacobsen testified that he is the sponsor of S.B. 291, and stated a constituent of his brought to his attention that there are current restrictions to watering domestic pets (livestock) from a domestic well.

Nancy Samon, Concerned Citizen, spoke in support of S.B. 291, and commented as the law now reads she is unable to water her show horses on her five acres from her domestic well.

Richard Simmonds, D.V.M., Concerned Citizen, spoke from prepared comments (Exhibit C) in support of S.B. 291.

Senator Coffin asked if this bill has anything to do with the price of water. Senator James responded by saying a domestic well is exempt under chapter 534 of the Nevada Revised Statutes (NRS) from the permit requirements and the definition of domestic use. This is because almost all water permits; i.e., industrial, will add domestic use as a beneficial use.

John Cristich, Nevada Ground Water Association, stated S.B. 291 is not needed because Nevada Administrative Code (NAC) 534.420, NRS 534.20 or NRS 534.110 already allows for watering of domestic animals from a domestic well as long as 1800 gallons of use per day is not exceeded.

Chairman Rhoads asked Senator James if he thought there is a need for S.B. 291. Senator James said he is questioning the need for this bill, but he would like to hear how the state water engineer defines domestic animal.

John M. Bonaventura, Lobbyist, Nevada Well Owners Association, spoke in support of S.B. 291.

Cindra Smith, Lobbyist, Horse Council of Nevada, Northwestern Area, stated:

Ms. Smith went on to say an individual cannot afford to take the government to court over a water issue and S.B. 291 will codify the right to own livestock for the weekend recreationalist and hobbyist. Mr. Bonaventura added there should not be a problem if people using a domestic well are not exceeding the restricted 1800 gallons of use per day, which none of these people are doing.

Senator James commented the language in S.B. 291 would need to be amended to not allow for multiple domestic wells to be drilled on multiple parcels for the purpose of watering commercial livestock. He added he is fine with a domestic well owner watering their horses or other livestock, but he specified he does not want the bill drafted in a way that it could be exploited to allow commercial livestock operators to get around the permit requirements.

Edy Rooke, Vice President, Back Country Horsemen of Nevada, urged the committee to support S.B. 291. Chairman Rhoads asked Ms. Rooke if she had heard of people in leadership positions questioning livestock watering from a domestic well. Ms. Rooke said she had heard from the Nevada Horse Council that there was a problem in Washoe County and possibly in Winnemucca.

Wanda Myers, Member, Back Country Horsemen of Nevada, asked for support of S.B. 291 from the committee.

Clayton Myers, President, Back Country Horsemen of Nevada, spoke in support of S.B. 291.

Doug Busselman, Lobbyist, Nevada Farm Bureau, spoke from prepared comments (Exhibit D) in support of S.B. 291 and said:

C. Joseph Guild, Lobbyist, Nevada Cattlemen’s Association, also spoke in support of this bill and pointed out Senator James’ concern with the language of S.B. 291 is a valid one. Mr. Guild added he attended a Washoe County commission meeting where he thought there was a concerted effort on the part of the planning staff to phase out the use of small acreages in Washoe County for livestock and horses.

R. Michael Turnipseed, State Engineer, Division of Water Resources, Department of Conservation and Natural Resources, said he does not take a position on this bill and his division has always considered livestock a domestic animal. Mr. Turnipseed stated the animals in question need to be associated with a household for watering from a domestic well and animals which are not associated with a household need to be watered by a livestock watering permit. He went on to say he does not think this bill is needed, and even if the bill is defeated his office will still consider an animal associated with a household a domestic animal even if it is considered livestock.

Stephanie D. Licht, Lobbyist, Nevada Woolgrowers Association, spoke in support of S.B. 291.

Chairman Rhoads closed the hearing on S.B. 291, and opened the hearing on S.B. 330.

David S. Thain, D.V.M., Chief, Bureau of Animal Industry, Division of Agriculture, Department of Business and Industry, testified in support of S.B. 330 from prepared comments (Exhibit E). Dr. Thain stated he thought private veterinarians would be hesitant to report diseases that would directly affect their patients.

Chairman Rhoads closed the hearing on S.B. 330, and adjourned the meeting at 2:45 p.m.

RESPECTFULLY SUBMITTED:

Scott Corbett,

Committee Secretary

APPROVED BY:

Senator Dean A. Rhoads, Chairman

DATE: