Bill would help protect rural water supplies

Thursday, April 7, 2005 | 11:09 a.m.

CARSON CITY -- Gov. Kenny Guinn sent word to the Nevada Legislature today that he opposes a bill that would give added protections to rural Nevada in its battle against losing water to the growing population in Las Vegas.

Administration officials told the Assembly Government Affairs Committee there were already adequate safeguards for the rural counties and Assembly Bill 434 would add years to any consideration of applications by the Las Vegas Valley Water District to pump water from White Pine and Nye counties.

The bill, sponsored by Assemblywoman Sheila Leslie, D-Reno, calls for a $12 million study of water available in Nevada and also would allocate $3 million to help determine what water rights were vested before current water laws took effect.

The bill also would immediately establish a $1 million fund to help those in rural Nevada battle plans to pipe water into Clark County from neighboring counties. The "Water Rights Protection Fund" would pay for experts and technical assistance for local governments, Indian tribes and others "to protect their existing water rights against interbasin transfers of water."

The committee on Wednesday heard testimony from a parade of ranchers and conservationists who supported the bill.

But Steve Robinson, natural resources advisor to Guinn, testified this morning that there already is a century of water law governing transfers and use of water. And he rejected arguments that rural Nevada could end up like Owens Valley, which dried up when it lost its water to Los Angeles.

Robinson said no governor would allow the "environmental debacle" of Owens Valley to occur in Nevada.

"We have growth problems but we have a system to deal with them," he said.

Robinson said there was a "complete void in water resource planning in rural Nevada." He said when rural county commissions meet with the governor, they are "at a loss as to where they will be 20 years from now."

Joe Guild, representing the Southern Nevada Water Authority, echoed the comments of the Guinn administration and said "there is already a great deal of protection" for those in rural Nevada.

State Engineer Hugh Ricci agreed with that assessment. He noted that under current law "a new application cannot conflict with existing rights." He added that when approving water applications, he must take into consideration if the withdrawal of the resource will impact future development in the area.

Ricci told the committee that the bill would cause "many years" of delays for pending water applications.

Ricci also noted that the $1 million proposed for the fund would come out of the pockets of taxpayers statewide, so it should not be used to support a "narrow local agenda."

But Assemblyman John Carpenter, R-Elko, supported the bill, saying, "We know the monster is coming and we need to do all we can to protect our way of life." He said the current uses of water must be protected and should be adjudicated by the courts before any transfer of water to Southern Nevada is approved.

Greg James, a resident of Bishop, Calif., in the Owens Valley, said the bill presents a "unique opportunity to avoid some of the impacts of Owens Valley" where Los Angeles bought land and acquired water rights in the early 1900s. James told the committee that Los Angeles siphoned off water, causing the Owens River and Owens Lake to dry up.

Steve Boice, a rancher in Elko County, said the importance of water "trumps all." He said, "Much of what we enjoy in rural communities would cease to exist" if water is exported to other parts of the state.

The bill would require the state engineer, before approving any transfer of water between basins, to get comments on the impact from state agencies on agriculture, wildlife, conservation and natural resources and water planning.

The bill received the support of the Nevada Cattlemen's Association, the Progressive Leadership Alliance and the Nevada Conservation League. In addition there was testimony from two people in Clark County that backed the legislation.

Joy Fiori of Sandy Valley said her area was "targeted by Vidler Water Co." because the company wanted to ship water out of Sandy Valley for "speculation" and then sell it to another party.

Hugh Jackson, of Public Citizen in Henderson, said there is a "genuine threat" of water speculation, not only shipping the resource between basins but also out of state. This bill, he said "protects the public resource from speculation."

The bill prohibits the state engineer from issuing a water rights application if he determines the individual applying is going to use the water for speculative purposes or if the person is going to transfer the water to another party.

Abby Johnson, representing the Spring and Snake Valleys Citizens Alliance in White Pine County, said the general improvement district needs additional water to serve residents whose wells are going dry.

"But since all the unappropriated water has been filed on for massive long-distance interbasin transfers, the GID (general improvement district) is challenged to find a way to use Snake Valley water in the Snake Valley to serve Snake Valley residents whose wells are no longer dependable," Johnson said.

She said the creation of a $1 million fund "will help to level the playing field, to enable rural and less well funded communities to obtain the expertise needed to protect their water rights and hence their community and economic development interests and future."

Leslie, the main sponsor of the bill, said there is a need for a comprehensive study of water in the state, which is experiencing rapid growth. This information is needed so "intelligent decisions" can be made in allocating the water.

Assemblywoman Peggy Pierce, D-Las Vegas, said this would expand the discussions on growth and the available resources. She said the proposed water importation project planned by the Southern Nevada Water Authority would be as large as the proposed Yucca Mountain nuclear dump.

"We live in a desert," and all the options must be considered in supplying water, Pierce said.

Assemblyman Peter Goicoechea, R-Eureka, who has sponsored the companion Assembly Bill 253, told the committee a $12 million expenditure study would bring existing data together in one place. He suggested an "unbiased contractor" be hired to compile the data.

He said the vested water rights held by people before the laws were enacted needed to be adjudicated by the state and courts before any water is transferred to the Las Vegas Valley.

Danny Thompson, executive director of the Nevada State AFL-CIO, testified that this was "too drastic a bill." He said it would not only affect Las Vegas but would hit Carson City and Reno because those cities get water from basins other than their own.