Editorial: Bill language should not allow water grab

by Thomas Mitchell

A growing number of public and private entities are joining a concerted effort to make sure a bill pending before Congress does not inadvertently create a means for Clark County to tap rural groundwater, though Clark County officials protest that is not the intent of the proposal.

According to Great Basin Water Network (GBWN) — a coalition of conservationists, rural officials, tribes and agricultural interests — there are fears that the wording in the proposed Southern Nevada Economic Development and Conservation Act, whether intentional or not, could skirt a federal judge’s ruling blocking a proposed 300-mile right-of-way for a network of water pipelines.

The bulk of the bill, not yet introduced in Congress, proposes freeing up more than 40,000 acres of public land in Clark County for economic development, but two sections at the end of the 21-page bill call for the Interior Department to give the Southern Nevada Water Authority rights-of-way for an electric power line that “shall be subject only to the terms, conditions and stipulations identified in the existing rights-of-way, and shall not be subject to further administrative or judicial review. The right-of-way shall be granted in perpetuity and shall not require the payment of rental fees.” Opponents fear that a right-of-way for a power line could just as easily be used for pipelines.

Two years ago a federal judge ruled that the Bureau of Land Management (BLM) could grant the water agency right-of-way for its network of pipelines to take groundwater beneath White Pine, Lincoln and Nye counties, but first it had to come up with plans to mitigate the potential loss of wildlife habitat due to a draw down of the water table, as is required by the CleanWater Act and the Federal Land Policy and Management Act.

That might prove to be impossible, since federal studies show the interconnected aquifers are already at equilibrium — meaning water that is now being drawn from the aquifers is being replaced gallon for gallon annually with no leeway for additional withdrawal. The water agency proposes to withdraw 84,000 acre-feet of groundwater per year. The project is projected to cost more than $15 billion and could triple water rates in Clark County.

This past week more than a dozen entities joined in opposition to Congress approving the right-of-way proposal. These include several Nevada and Utah counties, three Indian tribes and a number of environmental groups.

Nevada State Sen. Pete Goicoechea and Kyle Roerink, executive director of the Great Basin Water Network, discuss efforts by Clark County to tap rural groundwater. (Pix by Roger Moellendorf)

“What Clark County is proposing is a pro-pipeline bill,” said Kyle Roerink, executive director of the GBWN. “Elected officials, attorneys, and non-profit organizations that span Nevada, Utah and the region all agree: The SNWA wants the congressional delegation to carry its water by surreptitiously advancing a project that has consistently lost in federal and state courts. The Nevada delegation deserves better than sneaky end-runs masked as technicalities. For now, the name of the bill should be the Great Basin Water Grab Act of 2019.”

A resolution passed by the Duckwater Shosone Tribe warned, “Science has shown that the pipeline would ultimately destroy B

ashsahwahbee, killing off Swamp Cedars and drying up the Sacred Water Valley’s springs and aquifers that plant and wildlife currently depend upon.”

A spokesman for the water authority told the Las Vegas newspapers there is no intention to use the right-of-way for anything other than power lines. Though he thought the language was sufficiently clear, he said it has been modified recently. Another official offered that it might be further altered to allay concerns.

Clark County could use the economic development. Changing the language in the bill should satisfy the opposition.

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: Bill language should not allow water grab

Stick a sock in it!

Stick a sock in it!
Nov3 by Thomas Mitchell

Thank goodness we don’t live in a democracy.

A recent survey by the Campaign for Free Speech found that fully 51 percent of voting-aged Americans agree that the First Amendment goes too far in allowing hate speech and should be updated to reflect the current culture of supercilious sensitivity. Only 42 percent disagreed and only 24 percent strongly disagreed. Sadly, of those aged 18-34 fully 59 percent agreed.

Adding insult to injury, 57 percent agreed that the government should be able to take action against newspapers and TV stations that publish content that is biased, inflammatory, or false. Only 35 percent disagreed. Again, 63 percent of those aged 18-34 agreed.

And a vast majority don’t really understand what the First Amendment really means for free speech. That’s because 79 percent agreed with this statement: “The First Amendment allows anyone to say their opinion no matter what, and they are protected by law from any consequences of saying those thoughts or opinions.” No, government can’t do anything about your free speech, but you can be fired, ostracized, kicked out of clubs, churches and schools. There are consequences.

Further, 48 percent think hate speech should be against the law, compared to only 31 percent who disagree and an amazing 21 percent who don’t know. Of those who agree hate speech should be illegal, 54 percent think the punishment should include possible jail time.

Unfortunately, responses were not broken down by political party.

James Madison on democracies:

A pure Democracy, by which I mean a Society consisting of a small number of citizens, who assemble and administer the Government in person, can admit of no cure for the mischiefs of faction. A common passion or interest will, in almost every case, be felt by a majority of the whole; a communication and concert result from the form of Government itself; and there is nothing to check the inducements to sacrifice the weaker party, or an obnoxious individual. Hence it is, that such Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security, or the rights of property; and have in general been as short in their lives, as they have been violent in their deaths.

Source: Stick a sock in it!

Costly Nevada Legal Fight Over Taxes Was Unnecessary

It was a senseless and futile gesture, but our Democratic lawmakers and governor were just the ones to do it.

Despite the fact Nevada voters in 1994 and 1996 amended the state Constitution to declare “an affirmative vote of not fewer than two-thirds of the members elected to each House is necessary to pass a bill or joint resolution which creates, generates, or increases any public revenue in any form,” the 21-member state Senate approved the extension of taxes and fees that were supposed to be curbed with a 13-8 vote, one vote short of the constitutionally mandated two-thirds. Gov. Steve Sisolak signed the tax extensions into law.

The eight Republican senators who voted against the tax extensions and three companies that would have to pay the higher taxes have sued in district court in Carson City, asking the court for a temporary restraining order and a permanent injunction against enactment of the laws.

The Democrats charged ahead with tax and fee extensions after their compliant Legislative Counsel Bureau (LCB), the lawmakers’ lawyers, issued an opinion that a two-thirds vote was not necessary since the taxes were not being “raised” but merely allowed to continue at a rate that was scheduled to be reduced, paying no heed to the fact the bills in question “generate” public revenue. Asked nearly the same question in 2011, 2013 and 2015, the LCB said a two-thirds vote was necessary.

When Republicans first threatened to sue, Sisolak confidently stated, “We’ve got legal opinion from LCB that, you know, a simple majority is what’s needed. I’ve been in government for 20 some-odd years, and if you don’t trust your attorneys, you’ve got a problem. So I’m confident that the attorneys gave us a good opinion. We’ll move forward from there.”

After the suit was actually filed, a somewhat less assured Sisolak was quoted by the pressas demurring, “I remain absolutely committed to taking action if necessary following the court’s decision to ensure our schools continue to receive the total amount of funding approved by the Legislature for the … biennium.”

According to the governor’s executive budget at the end of that biennium there is expected to be a rainy day fund balance of $415.2 million, more than enough to cover the $98 million that the extension of the modified business tax rate and the $7 million that the $1 Department of Motor Vehicles technology fee extension are expected to generate.

The modified business tax extension is scheduled to begin being collected on Oct. 1 and the technology fee was set to end on July 1, 2020.

So, what was the point in pushing the constitution-ignoring legislation?

Senate Republican Leader James Settelmeyer said in a statement released to the media after the suit was filed, “We have checks and balances for a reason and eroding the two-thirds requirement is an unprecedented disregard for the constitution and creates a dangerous precedent. While there was ample money to fund education and other vital programs, Sisolak and (Senate Democratic Leader Nicole) Cannizzaro acted recklessly and their behavior created an unnecessary constitutional crisis at the expense of over 23,000 small business in Nevada.”

The lawsuit itself makes abundantly clear the stakes involved here: “This action involves an issue of of significant public and statewide importance as it seeks to uphold and protect the constitutional amendment proposed by citizen ballot initiative adopted and overwhelmingly approved by Nevada voters in 1994 and 1996. As provided in Article 1, Section 2 of the Nevada Constitution, political power is inherent in the people. Government only has power from the consent of the governed, and the residents and citizens of the State of Nevada twice voted strongly in favor of amending the Nevada Constitution to add the two-thirds requirement, and the two-thirds requirement has, at least prior to 2019, been applied consistently to legislative bills extending sunsets by the Nevada Legislature.”

The Republican senators and three companies, of course, are asking for recovery of reasonable attorney fees and costs. So, the taxpayers are likely to get stuck with all the costs from both sides.

The suit further noted that lawmakers “had enough money to fund the State’s budget without the public revenues created, generated or increased as a result of the changes to the payroll tax …”

So the passage with less than two-thirds votes was senseless, and, once the courts correctly rule that a two-thirds vote was constitutionally necessary, it will have been futile.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Nevada Legislature

Source: Costly legal fight over taxes was unnecessary


Editorial: BLM proposes firebreaks to reduce size of wildfires

The Bureau of Land Management is currently conducting a series of public hearings across the West to get input on an audacious proposal to limit the unchecked spread of rangeland wildfires.

The BLM says wildfires have increased dramatically in size and frequency in the past decade in six Western states — Nevada, Utah, California, Idaho, Oregon and Washington. During that time, 21 fires have exceed 100,000 acres. A total of 13.5 million acres have burned. Efforts to suppress wildfires by the BLM alone have cost $373 million over the past decade

“These wildfires result in increased destruction of private property, degradation and loss of rangelands, loss of recreational opportunities, and habitat loss for a variety of species, including the conversion of native habitats to invasive annual grasses,” the BLM reports. “The conversion of rangeland habitats to invasive annual grasslands further impedes rangeland health and productivity by slowing or preventing recovery of sagebrush communities.”

To counter this, the federal land agency is proposing to create up to 11,000 miles of firebreaks as a way to keep the fires from spreading into mammoth infernos, like the Martin Fire in northern Nevada this past year, which consumed nearly half a million acres of rangeland.

The draft proposal calls for fuel breaks being created along roads and rights-of-way by mowing, grazing, mechanical and chemical clearing, as well as prescribed burns. Some of the breaks could be brown strips — areas where all vegetation has been removed. Others could be green strips — areas where vegetation that is more flammable has been replaced with less flammable vegetation.

In some areas invasive cheatgrass — a perennial that grows knee high in the spring but dries out in the summer — would be replaced with native plants less susceptible to fire. Also, grazing permits could be adjusted to allow for spring time clearing of cheatgrass.

Cheatgrass and wildfires create a vicious cycle. Cheatgrass recovers more quickly than native species after a fire. Thus the more fires, the more cheatgrass. The more cheatgrass, the more fires.

John Ruhs, once the head of the BLM in Nevada and now the head of BLM operations in Idaho, was quoted in an agency press release as saying, “Fuel breaks have proven to be very effective in slowing rangeland wildfires, making them easier and safer for wildland firefighters to control. We believe that creating a system of fuel breaks will help us enhance and improve our working landscapes.”

The BLM’s principal deputy assistant secretary for land and minerals management, Casey Hammond, was quoted as saying, “Wildfires devastate forests, rangeland and communities across Idaho and throughout the West, and without strategic planning they’re likely to continue in the years ahead. With this initiative and others like it, we’re working proactively to curb wildfires’ destruction and make it safer and more effective for firefighters to protect people and property.”

Environmentalists have expressed concerns that firebreaks may fragment wildlife habitats, including that of the threatened greater sage grouse, but the fragmentation should be less threatening than a wall of flames threatening the animals’ very lives and food source.

Brian Rutledge, a vice president of the National Audubon Society, notes, “The safety of a sage-grouse is utterly dependent on its cryptic coloring and cover from overhead predators. If the birds didn’t get burned up in the fire, there’s nowhere to hide eggs in cheatgrass.” Additionally, unlike soft sage leaves, cheatgrass provides little nutrition for the species.

The BLM is accepting comments on the proposal through Aug. 5.

Scoping meetings are scheduled for 5 to 7 p.m. on July 16 at the Red Lion Inn in Elko and July 17 at the Bristlecone Convention Center in Ely.

Firebreaks would be a valuable tool in the effort to cut down the size of rangeland wildfires.

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.
BLM proposes firebreaks along 11,000 miles of roads and rights-of-way.

Source: Editorial: BLM proposes firebreaks to reduce size of wildfires