Nevada Supreme Court holds hearing on Pahrump water order appeal | Pahrump Valley Times

A decision on water law and the extent of the Nevada State Engineer’s authority over domestic wells is one step closer to reality, with the Nevada Supreme Court recently holding a hearing to take oral arguments from both parties in the appeal lawsuit filed by the engineer’s office over water Order #1293(A).

A decision on water law and the extent of the Nevada State Engineer’s authority over domestic wells is one step closer to reality, with the Nevada Supreme Court recently holding a hearing to take oral arguments from both parties in the appeal lawsuit filed by the engineer’s office over water Order #1293(A).

The water order was issued in Dec. 2017 as a method of curbing the drilling of new domestic wells in Pahrump’s Basin #162. The order created a new requirement for property owners to purchase two-acre feet of water rights and relinquish them back to the state prior to drilling a new domestic well, unless water rights had already been relinquished or dedicated to the property for that purpose.

This prompted immediate resistance from local property owners, real estate agents and well-drilling companies. Together, those opposing the order formed Pahrump Fair Water LLC and filed a lawsuit with a Nevada district court to halt the order. That court decision late last year to overturn the water order, leading to the state engineer’s appeal of that decision.

The matter has been with the Nevada Supreme Court since early this year, with a stay on the lower court’s decision issued, keeping the order in effect until such time as the Supreme Court renders a decision. The case, #77722, has now been submitted for a final ruling.

Due to the significance of the subject at hand and the wide-ranging impact a decision on the case could have, the decision has been placed in the hands of the “en banc” court rather than a smaller panel. In typical cases, a panel of only three Nevada Supreme Court justices is used to make rulings but for the appeal on Order #1293(A) the entire court of all seven justices is being utilized.

Attorney David Rigdon of Taggart and Taggart, LTD, the law firm representing Pahrump Fair Water, explained that the hearing held on Nov. 5 focused primarily on two central arguments, whether the state engineer needed to provide notice and hold a hearing before issuing the order, and whether or not the state engineer had the authority to regulate domestic wells in this manner in the first place.

“Both sides had what we call in the business a ‘hot bench’ with judges regularly interrupting the presentation to ask questions,” Rigdon detailed when asked to provide a brief overview of what occurred at the hearing on Nov. 5. “Most of the questions about the notice were directed at the state engineer’s attorney, while most of the questions about legal authority were directed at us.”

The Nevada Attorney General’s Office, which is representing the state engineer’s office, declined to provide an overview of the Nov. 5 hearing.

However, Rigdon said he felt both sides had made good presentations but there was no way of telling which direction the justices would ultimately turn. He, Pahrump Fair Water and the state engineer’s office, as well as the many local property owners and other stakeholders involved, will simply have to wait to see how the Nevada Supreme Court rules.

For those who would like to listen to the oral arguments made during the Nevada Supreme Court hearing visit bit.ly/2QAokKH

Docket Number(s): 77722
Date: 11/05/2019 Time: 10:00 a.m. Location: Carson City
Before the En Banc Court
Appearances:
James N. Bolotin
Paul G. Taggart

Start Time Speaker Notes
10:03:42 AM Chief Justice Gibbons Voluntary Disclosure
10:05:11 AM Chief Justice Gibbons Case Called
10:05:44 AM James N. Bolotin As counsel for the Appellant
10:23:57 AM Paul G. Taggart As counsel for the Respondents
10:43:17 AM James N. Bolotin As counsel for the Appellant
10:48:49 AM Chief Justice Gibbons End Argument, Case Submitted

Source: Nevada Supreme Court holds hearing on Pahrump water order appeal | Pahrump Valley Times

Valley Electric’s board considers changes to net metering policy

Hundreds of Valley Electric Association Inc.'s members that take advantage of the co-op's net metering program could see a change in the current rates that are paid. Valley's board will consider a tiered system at the co-op's next board meeting.

By Jeffrey Meehan ~ Pahrump Valley Times

June 21, 2019 - 7:00 am

Valley Electric Association Inc.’s board of directors is set to mull over potential changes to the co-op’s current net metering policy.

The new policy, set to be taken up at Valley’s June 26 board meeting, would lower the current rate of 100 percent, or 11.9 cents per kilowatt-hour, to a tiered system where those with solar would get 75-95 percent of the current rate, “depending on when the member-generator interconnected with the VEA grid,” according to a news release from Valley.

That comes out to 9 cents a kilowatt hour under the 75 percent bracket, according to Interim Chief Executive of Valley Electric Association Inc. Dick Peck.

According to the co-op, the new policy would mirror Assembly Bill 405 on net metering, which was signed into law in 2017 by then-Gov. Brian Sandoval. Net metering is where those with rooftop solar get a credit for the excess energy they return to the grid.

Valley is exempt from the law but offers the program to local customers wanting to install solar, according to a news release from the co-op.

The co-op currently offers 100 percent, or 11.9 cents per kilowatt-hour for the excess energy it sends back to the grid.

Tiered system

Under the proposed net metering policy, VEA policy No. 136, members of Valley installing solar will follow a tiered system, which will be “tied to the date that a completed application to install a net-metering system was received,” according to Valley’s news release.

According to Valley, the first solar generator interconnected to the co-op in 2006 and has grown into the hundreds since that time.

Overall, the system is set that the earlier an application was put in, the higher the reimbursement rate.

For Tier One, where members who interconnected with Valley prior to the generation amount exceeded 1.25 megawatts, those members will receive 95 percent of the full retail rate of 11.9 cents per kilowatt hour. The 1.25 megawatt threshold was crossed in 2015, according to Valley’s release.

Tier Two includes those members that brought the generation from 1.25 to 2.5 megawatts, which occurred in 2017. Under that tier, members will be paid 88 percent of the full retail rate.

Tier Three will be paid 81 percent of the full retail rate for excess energy. This group brought the generated amount from “2.5-3.75 megawatts” in 2019.

Members falling under Tier Four will be reimbursed 75 percent of Valley’s full retail rate.

“The majority of VEA’s generation of renewable energy by members comes in the form of solar, but some members generate power with wind turbines,” Valley’s release stated. “Since the total number of applications in house would bring the system size to nearly 6 megawatts, virtually all new applications would be reimbursed at 75% of the retail rate.”

“With these revisions, Valley Electric will be in line with state law, which serves to encourage the development of solar generation,” Peck said in a news release. “The wholesale power rate is approximately 4 cents per kilowatt-hour, but we had been paying our member-generators 11.9 cents for their excess power. We have to always remember that members who do not generate renewable energy are subsidizing those who do.”

According to Peck, the number of member-generators has grown significantly in the past couple years, which is prompting the need for revisions to the co-op’s policy.

In a news release, Peck estimated that Valley paid $230,000 for power under its net metering program in 2018.

Valley currently has over 600 generators that participate in Valley’s net metering program, equating to approximately 3 percent of the membership, according to Valley’s release.

The number of generators did not pass 100 until 2014, according to Valley’s release.

The topic will be taken up at Valley’s next board meeting at the co-op’s administrative offices in Pahrump. The meeting is scheduled to begin at 8:30 a.m. at 800 E. Highway 372.

Source: Valley Electric’s board considers changes to net metering policy


Federal effort seeks to fight domestic violence

The U.S. Department of Justice is leading a new effort to fight domestic violence. U.S. Attorney General William P. Barr announced details earlier this week.
 

U.S. Attorney General William P. Barr recently announced the formation of a Domestic Violence Working Group aimed at keeping guns out of the hands of convicted domestic abusers, using the tools of federal prosecution to stop and prevent domestic violence.

The group will operate under the auspices of the Attorney General’s Advisory Committee (AGAC) and be comprised of nine U.S. attorneys across the country, chaired by U.S. Attorney for the Northern District of Texas Erin Nealy Cox.

“Too often, domestic abusers start with threats and abuse, and end up committing extreme violence and even homicide, with devastating impact on families and the community around them,” Barr said in a news release that provided details. “I have directed this working group to examine this issue and determine the best way to use federal gun prosecutions and other appropriate tools to supplement state, local and tribal efforts to address domestic violence.”

Cox said: “With so many domestic disputes escalating from bruises to bullets, we felt we needed to supplement our state and local partners’ efforts to curb domestic violence with federal prosecutions. We hope our initial cases send a message to convicted abusers: Not only could the Justice Department theoretically prosecute abusers for firearm possession – they have and they will.”

Federal law has long barred convicted felons, as well as individuals subject to certain domestic violence protective orders or convicted of domestic violence misdemeanors, from possessing firearms.

The Justice Department news release said:

Offenders with domestic violence in their past pose a remarkably high risk of homicide. Research shows that abusers with a gun in the home are five times more likely to kill their partners than abusers who don’t have that same access to a firearm. And according to one recent study, more than half of America’s mass shootings are cases of extreme domestic violence.

Keeping guns from domestic abusers legally prohibited from possessing them would significantly reduce violence in America, a major priority of the Justice Department.

Federal gun cases involving domestic violence present unique challenges. In some states, the federal and state definitions of domestic violence differ, requiring complex legal analysis that varies based on the location of conviction.

The working group will share best practices, legal analysis and guidance on prosecuting abusers who unlawfully possess guns, and will advise U.S. attorneys across the country on outreach to local law enforcement, judges, and nonprofit groups.

At a glance

Working Group members include:

Scott W. Brady, U.S. Attorney for the Western District of Pennsylvania

Robert M. Duncan, Jr., U.S. Attorney for the Eastern District of Kentucky

Nicola T. Hanna, U.S. Attorney for the Central District of California

Justin E. Herdman, U.S. Attorney for the Northern District of Ohio

Erin Nealy Cox, U.S. Attorney for the Northern District of Texas

Christina E. Nolan, U.S. Attorney for the District of Vermont

Byung J. Pak, U.S. Attorney for the Northern District of Georgia

R. Trent Shores, U.S. Attorney for the Northern District of Oklahoma

Timothy J. Downing, U.S. Attorney for the Western District of Oklahoma

Source: U.S. Justice Department

Source: Federal effort seeks to fight domestic violence


Group signals recall effort of Gov. Sisolak over gun legislation

Nevada Governor Steve Sisolak delivers his first State of the State address from the Assembly Chambers of the Nevada Legislature in Carson City, Nev., Wednesday, Jan. 16, 2019. (AP Photo/Tom R. Smedes)
June 3, 2019 – 3:55 pm

A conservative group has formed a recall committee to attempt to kick Gov. Steve Sisolak out of office, a nascent effort largely motivated by fear of losing rights under recent gun control legislation.

Fight for Nevada, based in Elko County, registered with the secretary of state’s office on May 6. The group’s president, Angela Blass, said Monday that the “state will become dangerous” under policies championed by Sisolak, the new governor.

It was “sort of this deep gut feeling that something has to be done,” said Blass, 41, who works as an assistant administrator for a fuel company. “We can’t allow this. And also, it scared the hell out of me.”

On Saturday, a gun control bill that would ban bump stocks and enact stricter gun storage provisions and a “red flag” provision enabling authorities to seize guns from those deemed a threat to themselves or others was sent to Sisolak’s office. The next day, Fight for Nevada held its first major rally in Carson City.

The group is opposed not only to gun control legislation, but to wasteful spending and attempts to make Nevada a sanctuary state, according to its website.

“In the final hours of the legislative session, Governor Sisolak remains focused on his priorities for Nevada families — funding our schools, expanding access to health care, and fighting for a safer Nevada,” Sisolak spokeswoman Helen Kalla said Monday when asked to respond to the group’s effort.

Blass moved from California about two years ago; she said she was not politically involved until now and insisted that her group tries to be bipartisan. But she also said she witnessed the consequences of Democratic leadership in California and lamented that Nevada appears to be heading down a similarly liberal path.

She claimed there are about 8,000 members in the group and said they expect to begin signature-gathering efforts by November. Organizers say they will need 242,950 signatures of registered voters who cast a ballot in the gubernatorial race last fall to launch a recall election.

Source: Group signals recall effort of Gov. Sisolak over gun legislation

https://www.facebook.com/groups/386055352220090/

https://www.facebook.com/recallsisolak/

https://www.facebook.com/groups/ConcernedVotersNorthernNV/


Upcoming Rallies
6/16/2019 Elko Rally

The Elko Rally has been moved to the 16th. There is going be speakers, a raffle and a lot of supporters! Come down and make your voice heard! Sheriff Aitor, Merecedes Mendive and Thelma Homer will be there.

1pm14810 Hwy 227 Spring Creek, NV

Estuary Park

06/22/2019 Winnemucca Rally

 Location: Winnemucca boulevard between McDonald’s and the pig BBQ restaurant on the sidewalk. Parking is available in the lot beside AutoZone. We can gather in the AutoZone parking lot to consolidate before starting the March.   Regroup at pioneer Park at the gazebos near the restrooms at 2:00pm-? for public speakers.   Speakers are: Angela blass: Fight for Nevada Aitor Narvaiza: Elko sheriff Joshua Schmitt: 3% Legion Militia 

12pm1:30pm

Winnemucca boulevard between McDonald’s and the pig BBQ restaurant on the sidewalk.