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.
December 1st, 2022 by Jeff Fontaine
The Nevada Division of Environmental Protection (NDEP) is soliciting water quality and biological data to be used in the Nevada 2024 Water Quality Integrated Report, which includes an assessment of surface water quality throughout Nevada. All data related to the physical, chemical and biological conditions of Nevada surface water—including data for fish- tissue samples—collected within the time period from
October 1, 2017 to September 30, 2022 are requested. Data and information may be submitted by anyone, including private citizens, public agencies, state and federal governmental agencies, non-profit organizations, and businesses. NDEP staff will evaluate all submissions to determine whether the information and data are applicable and of sufficient quality for characterizing the condition of each
waterbody. Click here for more information.
December 1st, 2022 by Jeff Fontaine
There are new forms for Application for Extension of Time for Filing Proof of Completion of
Work (POC) and Application for Extension of Time for Filing Proof of Application of Water to Beneficial Use (PBU). The new forms for Application of Extension of Time for filing PBU are differentiated by manner of use (MOU). Additional questions requesting more information have been added to fulfill the requirements of NAC 533 and to provide Nevada Division of Water Resources (DWR) with the necessary information to consider an Application for Extension of Time for Filing Proof of Completion of Work and Application for Extension of Time for Filing Proof of Application of Water to Beneficial Use. For any water right requiring a totalizing meter or measuring device as part of the terms of the permits, the Permittee will be expected to submit accurate measurements of water placed to beneficial use, and this information is necessary for any PBU extension form to be considered. Please use the correct form based upon the MOU of the Permit you are seeking to extend. Previous forms will no longer be accepted after December 31, 2022.
The new forms can be found in the Forms page on DWR’s website http://water.nv.gov/waterforms.aspx?water=Water%20Right or at the DWR office. You can also contact DWR at (775) 684-2800 with questions about which form to use.
November 4th, 2022 by Jeff Fontaine
Overall, summer was wet in Nevada due to heavy monsoon rains in the Southwest that even fed
thunderstorms in northern Nevada. Rains were spotty, which is common for summer thunderstorms.
Many parts of the state remained wet through September, as well. Tropical cyclone Kay brought rain to
the southern part of the state early in September. An early-season winter-type storm delivered rain and
colder temperatures to northern Nevada. While normal to wet conditions led to some improvements,
particularly for range vegetation, it wasn’t enough to resolve three-year deficits. As of the October 16,
2022, the U.S. Drought Monitor shows almost all of Nevada in Severe (D2) to Extreme (D3) drought,
reflecting the longer-term deficits.
Impacts reported in September and October included:
• As of October 3, 2022, Lake Mead’s storage volume was 28 percent of the lake’s capacity with a
surface elevation of 1,045 feet above mean sea level.
• Ongoing concerns about reduced groundwater levels in portions of southern Nevada.
• Concerns about reduced surface water availability for wildlife and range livestock on public lands.
• Fire restrictions on public lands remain widespread across Nevada.
• Boating access to Lake Mead, Lake Tahoe, and Lahontan Reservoir are limited by low water levels.
• Ongoing drought conditions are or may impact the ability of reporting organizations to carry out
routine operations, such as road maintenance and ecosystem restoration.
• Ongoing water hauling actions for livestock and wildlife throughout the state.
Click here to read the full report.
