March 21st, 2023 by Jeff Fontaine
As required by Governor Lombardo’s Executive Order 2023-003, NDEP is undertaking a comprehensive review of the regulations subject to its enforcement and will be providing a report to the Governor’s office by May 1, 2023 “detailing how those regulations can be streamlined, clarified, or otherwise improved to ensure they provide for the general welfare of the State without unnecessarily inhibiting economic growth.” The report will provide recommendations for amendments and “a list of not less than ten (10) regulations recommended for removal, ranking them in descending order of priority”. Regulations administered by NDEP also include those that fall under the oversight or implementation of the State Environmental Commission, Board for Financing Water Projects, and Board to Review (Petroleum Fund) Claims.
NDEP encourages the review of their regulations of interest on their website for this effort at https://ndep.nv.gov/reg-review . To help NDEP understand input from stakeholders, they have set up an e-mail address at NDEPRegReview23@ndep.nv.gov where suggestions for revisions to regulations can be submitted. If you choose to provide input, please identify the regulation(s) for consideration, by NAC number if possible. NDEP will review submitted suggestions and reflect stakeholder input in the summary of findings and recommendations of the report if that input is received no later than March 31, 2023.
February 8th, 2023 by Jeff Fontaine
The
February Nevada Water Supply Outlook Report is available and there is some encouraging news for the Humboldt Basin.
Snowpack in the Upper Humboldt River Basin is well above normal at 180% of median, compared to 78% at this time last year. Based on SNOTEL data back to 1981, the Upper Humboldt Basin has only seen more snow in 1997 and 1984. Precipitation in January was above normal at 119%, which brings the seasonal accumulation (October-January) to 148% of median. Snowpack in the Lower Humboldt River Basin is also well above normal at 176% of median, compared to 89% at this time last year. Precipitation in January was also well above normal at 152%, which brings the seasonal accumulation to 146% of median.
The lingering effects of drought add a level of uncertainty to just how good the runoff will be. In the Humboldt Basin observed streamflow volumes in water year 2022 were at or near record low for a number of gages. In order to go from record dry to record wet in one year, there are some key puzzle pieces that need to fit together. Mainly, the hydrologic system needs to become primed by the rapid melt-off of low elevation snow likely assisted by rain. An event similar to the flooding that occurred in February 2017 would improve baseflows and boost runoff off efficiency later in the spring allowing much of the snowmelt from higher elevations to reach the lower end of the Humboldt River. Click here to read the full Nevada Water Supply Outlook Report.
January 21st, 2023 by Jeff Fontaine
Per the Governor’s recent Executive Order Nevada Division of Environmental Protection regulations proposed for adoption by the State Environmental Commission (SEC) on January 19th were pulled from the meeting agenda.
The proposed regulations would establish provisions for antidegradation protection of surface waters of the State as required by NRS 445A.565, and to set forth a process for classifying certain surface waters of the State which have exceptional water quality condition, unique water quality characteristic, or ecological, aesthetic, or recreational value, as Ecological, Aesthetic or Recreational Waters (EAWs).
NDEP is evaluating the two regulations (R113-22 and R130-22) for potential exemption from the regulatory suspension under Section 5 of the EO 2023-003 and does not have a specific schedule for the exemption review of these two regulations.
January 21st, 2023 by Jeff Fontaine
On December 30, 2022, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers announced the final “Revised Definition of ‘Waters of the United States'” rule. On January 18, 2023, the rule was published in the Federal Register; the rule will be effective on March 20, 2023.
The agencies have gone back to the 2015 version of WOTUS, but with some changes, particularly to the excluded waters. Before this new version of the rule, there were only two exclusions: prior converted cropland and wastewater treatment systems.
Click here for more information about the new rule.
December 11th, 2022 by Jeff Fontaine
The Nevada Supreme Court Commission to Study the Adjudication of Water Law Cases is holding a virtual public meeting on December 15th at 3:00 pm to consider recommending a proposed rule to the Nevada Supreme Court which provides for the specialized education and appointment of district court judges adjudicating Nevada water law cases. Click here for the agenda and proposed rule.
December 6th, 2022 by Jeff Fontaine
The State Environmental Commission (SEC) will hold a meeting on Wednesday, January 19, 2023, at 9:00 am to consider adoption of Permanent Regulation R113-22: Bureau of Water Quality Planning – Anti-Degradation Protection of Surface Waters and New Process for Ecological, Aesthetic, or Recreational Waters. The meeting will be held in the Tahoe Room, on the second floor of the Bryan Building, at 901 South Stewart Street. There is also the option to participate virtually. Click here for more information.
NRS 445A.565 requires any surface waters of the State whose quality is higher than the applicable standards of water quality when those standards became effective must be maintained in their higher quality; known as antidegradation.
NDEP is proposing to amend the NAC to establish provisions for antidegradation protection of surface waters of the State as required by NRS 445A.565, and to set forth a process for classifying certain surface waters of the State which have exceptional water quality condition, unique water quality characteristic, or ecological, aesthetic, or recreational value, as Ecological, Aesthetic or Recreational Waters (EAWs). This classification will provide a higher level of antidegradation protection to maintain and protect these water quality conditions or special values.
The proposed regulation may have an indirect economic impact on a new discharger applying for a point source discharge permit and on an existing permittee who proposes a major modification during renewal of their discharge permit. Classification of a water as an EAW may have an economic effect on local government, citizens, and businesses, but are difficult to predict; however, the economic impact of classifying a surface water as an EAW will be evaluated in determining whether to classify the water.
HRBWA submitted comment letters during development of the proposed regulations and has joined with the Nevada Farm Bureau, Nevada Mining Association and Truckee Meadows Water Authority in a letter supporting the current version of the proposed regulations.
