The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 2:20 p.m., on Wednesday, April 28, 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 Raymond C. Shaffer

Senator Bob Coffin

Senator Maggie Carlton

GUEST LEGISLATORS PRESENT:

Senator Mark E. Amodei, Capital Senatorial District

STAFF MEMBERS PRESENT:

Fred Welden, Committee Policy Analyst

Scott Corbett, Committee Secretary

OTHERS PRESENT:

Chairman Rhoads opened the hearing on Assembly Bill (A.B.) 197.

Assemblywoman Marcia de Braga, Churchill, White Pine, Eureka and Lander counties Assembly District No. 35, stated that A.B. 197 will include the portion of Churchill County that lies within the Carson River Hydrologic Basin, and add two members from Churchill County to the board of directors. Assemblywoman de Braga added that this bill would increase financial compensation to the board members to a maximum of $80 per day, plus travel expenses.

Chairman Rhoads asked why Churchill County has not been included in the past, and if there was any opposition in the Assembly. Assemblywoman de Braga replied that she does not know why they have not been included and that there was no opposition.

Bob Milz, Chairman, Carson Water Subconservancy District, and Board of Commissioners, Lyon County, pointed out that both of the entities he represents voted in favor of A.B. 197.

Edwin D. James, General Manager, Carson Water Subconservancy District, referred to an outline of the history of the district which explains why Churchill County was not included earlier in the district’s history (Exhibit C). Mr. James explained that the original purpose of the district was to create a surface reservoir, but that idea was dropped in the mid 1970s when the federal government dropped its support, so it now makes sense to include everyone in the watershed.

Chairman Rhoads asked if the dam project has been scrapped. Mr. James replied that it is unlikely there would be a surface reservoir because of the environmental concerns.

Mr. Milz added that another reason they would like Churchill County added to the district is that the federal government has been trying to obtain water rights along the river and the addition of Churchill County would allow for complete control of the river.

Senator McGinness questioned why the board was made up with unequal representation from the counties. Mr. James replied that the original make up of the board included five from Douglas County, two from Carson City and two from Lyon County, and this was because most of the water rights were in Douglas County. Mr. James added there had been a discussion regarding changing the representation, but that would have caused a lot of problems so they decided to add two members.

Senator Jacobsen asked how many meetings they have had as well as the attendance at these meetings, and if there was a concern with the board being too large. Mr. James answered they meet once per month as well as having subcommittees to deal with all the different issues that come before them, and they do need to include everyone.

Chairman Rhoads asked if there are term limits for their board members. Mr. James clarified that each member is appointed by their respective county and serves for a 4-year term, but without any limit, and stated one board member has served since 1955.

Senator Mark E. Amodei, Capital Senatorial District, echoed the comments of Mr. James and Mr. Milz and stated, "This is a step in the right direction for giving us a basin-wide approach to these issues."

R. Michael Turnipseed, State Engineer, Division of Water Resources, State Department of Conservation and Natural Resources, testified that he has worked closely with the district and is in support of the bill.

Chairman Rhoads said this was the first time that he has heard of this specific dam being proposed. Mr. Turnipseed explained the location and the specifics of the planning and demise of the dam. Chairman Rhoads asked if the dam would have been an asset. Mr. Turnipseed replied it would have absolutely been an asset.

Pamela B. Wilcox, Administrator and State Land Registrar, Division of State Lands, State Department of Conservation and Natural Resources, went on record in support of the bill and complimented the Carson Subconservancy Water District for all the work they have done in protecting the river, and now including Churchill County.

Mary C. Walker, Lobbyist, Carson City, Douglas and Lyon counties, testified that all three county boards unanimously approved this bill, and the inclusion of Churchill County.

Chairman Rhoads closed the hearing on A.B. 197 and opened the hearing on A.B. 252.

Assemblywoman de Braga explained:

Chairman Rhoads queried if the water could be moved from one point to another. Assemblywoman de Braga replied generally not because the water rights have been taken from farmland and given for wildlife purposes. But, she added, the main purpose of this bill is to keep the operating and maintenance charges whole for the district.

Mr. Turnipseed testified A.B. 252 would cure the problem of government entities paying their portion of costs and referred to an amendment from Gordon de Paoli, Attorney, Walker River Irrigation District (Exhibit D). Mr. Turnipseed added the original language in the amendment that passed out of the Assembly Subcommittee on Natural Resources, Agriculture and Mining was not the same as in the reprint of the bill, and this amendment (Exhibit D) has the exact language as the amendment that passed out of the subcommittee. Assemblywoman de Braga acknowledged that Mr. Turnipseed is absolutely correct.

Doug Busselman, Lobbyist, Nevada Farm Bureau, spoke in support of A.B. 252 from prepared comments (Exhibit E).

Chairman Rhoads closed the hearing on A.B. 252 and opened the hearing on A.B. 490.

Assemblyman Lynn C. Hettrick, Carson City and Douglas counties Assembly District No. 39, referred to an amendment (Exhibit F) that would essentially replace the entire bill. Assemblyman Hettrick explained that after the bill was passed out of the Assembly they tried to clean up the language, but it was easier to rewrite the entire bill.

Ms. Wilcox testified that her division was opposed to A.B. 490, as originally drafted, but now supports the bill as amended.

Allen Biaggi, Administrator, Division of Environmental Protection, State Department of Conservation and Natural Resources, commented that his division was also originally opposed to A.B. 490, but now is in support of it as amended.

Mr. Milz noted that he and all of the entities he represents are in support of the bill, as amended.

Mr. James added that he is also in support of A.B. 490, as amended.

Mr. Busselman spoke from prepared comments (Exhibit G) in support of A.B. 490, and urged the committee’s favorable action.

Tom Minor, Dayton Valley Conservation District, expressed his support of the bill as long as the State of Nevada claims the Carson River as the state’s property, and thinks the state should be involved with maintenance of the river.

Kevin Piper, Dayton Valley Conservation District, voiced his support of the measure and commented that this bill will help with future maintenance on the Carson River.

Senator Jacobsen asked how extensive the prison work crews have been used in maintaining the river. Mr. Piper replied that they have been used, but are looking to use them more extensively. Senator Jacobsen suggested that these crews need a supervisor to oversee the work.

James Settlemeyer, Carson Valley Conservation District, spoke in support of the amended version of A.B. 490, but commented that the federal regulations and permits still need to be met and the state regulations and permits are just another layer.

Chairman Rhoads asked how much a permit costs. Mr. Settlemeyer replied that he believes it is around $500.

Ms. Walker stated that she too is in support of A.B. 490.

Chairman Rhoads closed the hearing on A.B. 490 and opened the work session on A.B. 135.

Chairman Rhoads opened the work session on A.B. 136.

chairman Rhoads directed attention to A.B. 138.

Chairman Rhoads directed attention to A.B. 202 and referred to the proposed amendment (Exhibit H) that was proposed by the Nevada Department of Transportation and Clark County.

Chairman Rhoads referred to A.B. 437.

Chairman Rhoads opened the work session on A.B. 438.

Senator James expressed that he was concerned there would be a change in the nature of the notice that would be received, and the attorney general’s notice (Exhibit I) states this would be in compliance with Nevada Supreme Court precedent; therefore he supports the bill.

Chairman Rhoads opened the work session on Assembly Concurrent Resolution (A.C.R.) 24.

With no further business before the committee, the chairman adjourned the meeting at 3:07 p.m.

RESPECTFULLY SUBMITTED:

Scott Corbett,

Committee Secretary

APPROVED BY:

Senator Dean A. Rhoads, Chairman

DATE: