Two bills proposing to alter water use policy are pending in the Nevada Legislature. They are at best problematic.
Assembly Bill 30 appears to give the state engineer greater leeway in the use of monitoring, management and mitigations — known in the jargon as 3M — to resolve conflicts in water rights. The language is rather vague and subject to interpretation.
Assembly Bill 51 appears to give the state engineer more flexibility in what is called conjunctive management of water. While current law treats surface water and groundwater as interchangeable in a basin in the scheme of allocations, AB51 tells the state engineer to adopt regulations that mitigate conflicts between the two water sources.
Nevada water law is based on the concept of prior authorization, in other words the first one to use a water resource has priority or senior water rights. Those who come later, if there is enough water available, have junior rights that must yield to the senior rights if supply becomes inadequate for any reason.
The Great Basin Water Network, an organization that has been fighting attempts for years by the Las Vegas Valley water provider to tap groundwater in eastern Nevada basins, suspects these two bills are intended to give the state engineer the flexibility needed to allow the project to reach fruition.
GBWN says the Southern Nevada Water Authority’s $15 billion groundwater importation plan would pump 58 billion gallons of groundwater annually in a 300-mile pipeline to Las Vegas. They say the Bureau of Land Management has estimated the project would irreparably harm 305 springs, 112 miles of streams, 8,000 acres of wetlands, and 191,000 acres of shrub land habitat.
A federal judge has so far blocked the water grab from Spring, Cave, Dry Lake and Delamar valleys, saying the state engineer failed to establish any objective criteria for when mitigation — such as halting pumping — would have to be initiated. The engineer plans to appeal that ruling, but a change in state law could moot that.
GBWN questions the effectiveness of the two bills’ calls for monetary compensation and water replacement to make whole senior water rights owners.
Abby Johnson, GBWN’s president, says in an op-ed she has penned for area newspapers, “From ranchers to environmentalists, there is a consensus that we don’t need to fix what isn’t broken. Nevada water law has served Nevadans well for more than 100 years and continues to serve the public interest. That success, however, has stymied a select few.”
The select few, Johnson says, include real estate developers and the Southern Nevada Water Authority, which has “not had much luck in recent years getting what they want under the current legal and regulatory framework. Why? Because what they want is to facilitate unsustainable over-pumping of the state’s fragile, limited groundwater resources.”
She adds, “ The problem –– for all of us –– is that they want water that either doesn’t exist or already belongs to someone else.”
Johnson further charges that the change in law would grant the state engineer “czar-like powers to unilaterally choose winners and losers without regard to senior water rights holders’ existing property rights … which would mire Nevada water rights owners and the state government in complex and unpredictable litigation for years.”
Assemblyman John Ellison of Elko released a statement saying the bills would constitute an unconstitutional “taking” of water rights and said a recent hearing saw a consensus of opposition from industry, ranchers and farmers and not one person testifying in support of either bill.
“We cannot allow an unelected bureaucrat to wield this much power over one of our state’s most precious resources. I’m reminded of the famous Mark Twain quote, ‘Whiskey is for drinking; water is for fighting over.’” Ellison said. “I will never stop fighting for the rights of senior property rights owners in my district and throughout Nevada.”
Though Twain probably never said that, it sounds like something he would say and is apropos to the current situation. AB 30 and AB51 need to be sent down the drain.
A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel, Sparks Tribune and the Lincoln County Record.
Source: Editorial: No need for murky water law changes
“My office and that of the attorney general are aware of the letters from multiple rural Nevada sheriffs regarding SB143,” Gov. Sisolak said. “While the law will not take effect until January 2020, I look forward to working with Attorney General Ford and local law enforcement over the next several months to review ways to enforce this law, as is the case with all other Nevada laws that elected officers are sworn to uphold.”
“As Nevada’s top law enforcement officer, I have a constitutional obligation to uphold the laws of the state,” Ford said. “That includes a law passed in 2015 by then-Senate Majority Leader, Republican Michael Roberson, to prevent counties from passing their own ordinances that conflicted with state gun laws. Republican Governor Sandoval signed this bill into law. In 2016, voters approved a ballot question requiring background checks on most firearm transfers. Just last month, the Nevada Legislature passed a similar law that closed the background check loophole. That law is set to go into effect in January, 2020. Between now and the effective date, I look forward to sitting down with sheriffs and other local law enforcement officials to discuss the best way implement the laws we have sworn to uphold.”
A large portion of the consideration was to the understanding of the failures of other efforts both currently and in history, and how those failures would be prevented.
The only way we as individuals lose Power and Control is either delegating it or allowing to be taken. The constitution protects your ability to vote in or out the folks that you are delegating the power and control to.
