Senate Joint Resolution No. 1–Committee on
Natural Resources

 

FILE NUMBER..........

 

Senate Joint RESOLUTION—Urging the Secretary of the Interior to amend certain regulations concerning the allocation of water rights for watering livestock on public lands.

 

    Whereas, Approximately 87 percent of the land in Nevada is

held by the Federal Government and approximately 68 percent of

the land in Nevada is administered by the Bureau of Land

Management of the Department of the Interior; and

    Whereas, Proper management and allocation of water

resources on those lands are critical to the State of Nevada as those

lands comprise a vast majority of the land in Nevada and as Nevada

is one of the most arid states in the nation; and

    Whereas, The State of Nevada has traditionally allocated water

rights on public lands managed or controlled by the Federal

Government pursuant to a system that provides an option for a range

user to hold water rights for watering livestock solely in his own

name; and

    Whereas, In the mid-1990s, the Secretary of the Interior

adopted regulations to be administered by the Bureau of Land

Management which departed from that system by establishing a new

approach to the allocation of water rights for watering livestock on

public lands; and

    Whereas, This new approach is codified in the second sentence

of 43 C.F.R. § 4120.3-9 and has the effect of significantly

interfering with a range user holding such water rights solely in his

own name even if the range user was fully responsible for the

development of the water rights and putting the water at issue to

beneficial use; and

    Whereas, Since the adoption of the federal regulation at issue,

important water developments on the public lands in Nevada have

been postponed while the State of Nevada and the Bureau of Land

Management attempt to resolve issues concerning the allocation of

water rights for watering livestock on public lands; and

    Whereas, If the sentence of 43 C.F.R. § 4120.3-9 which is at

issue were deleted:

    1.  The State of Nevada could provide a range user the option of

holding water rights for watering livestock on public lands in

Nevada solely in his own name, without interference, as the State

has done successfully for many years;

    2.  A range user who is fully and solely responsible for the

development of water rights and putting those water rights to

beneficial use would be authorized to hold such water rights in his

own name; and

    3.  Important water developments on the public lands in the

State of Nevada could be resumed; now, therefore, be it

    Resolved by the Senate and Assembly of the State of

Nevada, Jointly, That the members of the 72nd Session of the

Nevada Legislature hereby urge the Secretary of the Interior to

amend the regulations set forth in 43 C.F.R. § 4120.3-9 by deleting

the second sentence of that regulation in its entirety; and be it

further

    Resolved, That the Secretary of the Senate prepare and

transmit a copy of this resolution to the Vice President of the United

States as presiding officer of the United States Senate, the Speaker

of the House of Representatives, the Secretary of the Interior, the

Director of the Bureau of Land Management and each member of

the Nevada Congressional Delegation; and be it further

    Resolved, That this resolution becomes effective upon

passage.

 

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