The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 3:10 p.m., on Wednesday, March 31, 1999, in Room 1214 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 Raymond C. Shaffer

Senator Bob Coffin

Senator Maggie Carlton

STAFF MEMBERS PRESENT:

Fred Welden, Committee Policy Analyst

Scott Corbett, Committee Secretary

OTHERS PRESENT:

Chairman Rhoads opened the hearing on Senate Bill (S.B.) 526, and commended Naomi Duerr, State Water Planner, and her advisory board for their hard work in developing the State Water Plan.

Chairman Rhoads asked the committee to consider the legal opinion from the Legislative Counsel Bureau (Exhibit C) in regards to the State Water Plan submitted by Naomi Duerr, and called attention to the fact that Idaho is the only western state with a water plan that has been approved by their state legislature.

Peter G. Morros, Director, State Department of Conservation and Natural Resources, pointed out that all but one western state have developed a State Water Plan and acknowledged that only Idaho has adopted a State Water Plan. Mr. Morros declared that he does not agree with the legal opinion from the Legislative Counsel Bureau in regards to the State Water Plan submitted to the committee.

Chairman Rhoads asked Mr. Morros if his department is planning to propose different language than that which is currently in the bill. Mr. Morros stated they would like to meet with the proponents of the bill and come to an agreement with which everyone can live.

Naomi Smith Duerr, State Water Planner, Division of Water Planning, State Department of Conservation and Natural Resources, gave an overview of the State Water Plan (Exhibit D) and used a slide presentation (Exhibit E. Original is on file in the Research Library.) outlining its purpose and contents. Ms. Duerr claimed that the State Water Plan does not change the existing water law or water rights, and is a plan of recommendations.

Chairman Rhoads clarified that the legal opinion submitted by the Legislative Counsel Bureau states that the submitted State Water Plan does change existing water law.

Ms. Duerr outlined a few of the recommendations included in the State Water Plan dealing with water planning assistance to local governments, improved data collection, interbasin transfers of water, water management, conservation programs and flood management.

Senator McGinness asked Ms. Duerr why she is asking for a change in the Nevada Revised Statutes (NRS) to include flood plans in the duties of the State Water Planner because most municipalities already have them. Ms. Duerr clarified that most municipalities do not have a flood plan, but it is necessary to have an ordinance to participate in the federal flood insurance.

Ms. Duerr stated that they have tried to stick with the legislative declaration and that the Advisory Board on Water Resources Planning and Development assisted in developing guiding principles in developing the State Water Plan. Ms. Duerr added that she thought it is very important for Nevada to have a water plan.

Richard Holmes, Chairman, Advisory Board on Water Resources Planning and Development, State Department of Conservation and Natural Resources, stated that the board has not taken a position on S.B. 526 but will make recommendations (Exhibit F) concerning the State Water Plan as it has been submitted to the Legislature. Mr. Holmes referred to the guiding principles in developing the State Water Plan and described the first three as not deviating from existing state law, continuing water education and integrating water issues. Mr. Holmes commented that the board does not see the State Water Plan as a binding document as portrayed in the Legislative Counsel Bureau’s legal opinion, but as a guiding document. Mr. Holmes expressed the board is always working on ongoing water planning and hopes the Legislature will consider a favorable action on the State Water Plan in order to keep moving forward.

Chairman Rhoads asked Mr. Holmes if Clark County has already proposed or implemented many of the topics in the State Water Plan. Mr. Holmes said that is true for the northern and southern parts of the state. Chairman Rhoads asked what the State Water Planner and advisory board should be looking at in the next 2 years. Mr. Holmes stated he cannot answer that because of the broad nature of water issues in Nevada and what he indicated as viewpoints from different parts of the state as well as different interests are needed.

Senator Coffin commented that even though each region or county may have its own concerns or special interests in regards to conservation there is a need for a State Water Plan to pull it all together. Mr. Holmes replied that the state should be encouraging the local governments in providing technical assistance and education. Senator Coffin asked Ms. Duerr the same question in regards to water conservation. Ms. Duerr stated that water in Nevada belongs to the people, but is managed by the state so water is a statewide resource of all the people; therefore, conservation is everyone’s concern.

Senator Jacobsen asked Ms. Duerr if she could give a summary of the out sources of water of each county. Ms. Duerr replied that part 2 of the State Water Plan outlines each county and its water plan.

Senator Shaffer commended Ms. Duerr and her staff on the work that they have done compiling the State Water Plan.

Chairman Rhoads invited proponents of the State Water Plan as written for comments.

Janet Carson, Lobbyist, Director of Water Policy, Sierra Pacific Resources, recommended that the Legislature accept the State Water Plan, but does not support S.B. 526 as written.

Chairman Rhoads commented that the concern with the water plan becoming law or changing law has been consistent from the start as the majority of people’s concern.

Jan Gilbert, Lobbyist, League of Women Voters of Nevada, supports S.B. 526 and is in overall agreement with the measure even though they disagree with some of the language it contains.

J. James Eidel, Consulting Geologist, Carson City, testified in favor of the State Water Plan and urged the approval by the Legislature. Mr. Eidel suggested that section 4, page 2 of the bill be deleted.

Lee Dazey, Citizen Alert, spoke from prepared comments (Exhibit G) urging the committee to support S.B. 526. Ms. Dazey suggested some deletions to the bill and commented that Nevada needs a plan and that this is a good plan.

R. Michael Turnipseed, State Engineer, Division of Water Resources, State Department of Conservation and Natural Resources, supports most of the contents of the State Water Plan and does not believe that the water plan as written will change water law.

Chairman Rhoads asked Mr. Turnipseed if the deputy attorney generals in his office have had time to review the State Water Plan. Mr. Turnipseed replied that they have not had time and his comments are his own.

Senator Coffin asked how much change there has been from the draft they saw in January to the final draft. Ms. Duerr stated there have been no changes to the recommendations and only clarification changes to the document.

Steve K. Walker, Water Management Planner, Resource Planning and Management Division, Department of Water Resources, Washoe County, supports the State Water Plan, but has no position on S.B. 526. Mr. Walker stated he has been one of the principal driving forces behind a regional water plan and applauds the State Water Planner and her staff for their efforts in developing the State Water Plan.

Ronda Moore, Deputy Attorney General, Advisory Board on Water Resources Planning and Development, State Department of Conservation and Natural Resources, spoke from prepared comments (Exhibit H) stating that the State Water Plan does not or cannot change existing state water law or rights, and is only policy and a planning guide.

Senator McGinness asked Ms. Moore if her comments are an official Attorney General Opinion. Ms. Moore said her comments are not the opinion of the attorney general.

Brien B. Walters, Concerned Citizen, stated he is a civil engineer in private practice and spoke from prepared comments (Exhibit I). Mr. Walters asserted he is in opposition to S.B. 526, but is in favor of the State Water Plan being adopted as long as it is not legally binding.

Ed James, General Manager, Carson Water Sub-conservancy District, said that he is opposed to the State Water Plan if it becomes a mandate, but he thinks the water plan should be a reference document for local governments.

Allen Biaggi, Administrator, Division of Environmental Protection, State Department of Conservation and Natural Resources, voiced support for the State Water Plan and commented his division was a part of the plan development.

Senator Jacobsen asked Mr. Biaggi if his division keeps records of potable and non-potable water. Mr. Biaggi said he does not have that specific list, but does have statewide water-quality data.

Pamela B. Wilcox, Administrator and State Land Registrar, Division of State Lands, State Department of Conservation and Natural Resources, mentioned she was a part of the steering committee that helped develop the State Water Plan and encouraged the committee to accept the document.

Chairman Rhoads asked Ms. Wilcox if it were to be proven that the State Water Plan could cause serious litigation would she still support it. Ms. Wilcox answered that she thinks there will always be litigation in Nevada over water and the state plan gives guidance for the future.

Jon O. Nowlin, District Chief, Water Resources Division, Nevada District, United States Geological Survey, commended the Legislature and the State Water Planner for the plan as it exists. Mr. Nowlin stated that there needs to be a dynamic planning process to keep up with Nevada’s growing population and the State Water Plan fills that need.

Joseph L. Johnson, Lobbyist, Sierra Club, pointed out that Sierra Club members have participated in the State Water Plan and not all of its members are in agreement with the State Water Plan. Mr. Johnson went on to say that the State Water Plan is better suited as policy and should be accepted as a resolution instead of a statute.

Senator Coffin asked that a letter from Gary Barbato, National Weather Service Hydrologist (Exhibit J) be included in the record.

Mr. Morros suggested that a group be formed with representatives from the attorney general’s office and the Legislative Counsel Bureau to generate acceptable language that would appease the concerns.

Chairman Rhoads adjourned the meeting at 5:10 p.m.

RESPECTFULLY SUBMITTED:

Scott Corbett,

Committee Secretary

APPROVED BY:

Senator Dean A. Rhoads, Chairman

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