The Nevada Division of Water Resources is proposing new regulations and amendments to existing regulations pertaining to hearing procedures set forth in Chapter 533 of Nevada Administrative Code (NAC). A workshop has been set for: Monday, June 24, 2024, at 10:30 a.m.
The purpose of the workshop is to solicit oral and/or written comments from interested persons on rules of procedure for hearings before the State Engineer and pre-hearing procedures including a meet and confer between the parties. This is building from the amendments first proposed under R125-20, and intended to have continued under R142-22.
Workshop materials are available on the Division’s website at: http://water.nv.gov/
In response to NDWR’s call for nominations for the Humboldt River working group, NDWR received more than 45 nominations. From these nominations, and based on past participation, letters of recommendation, and the desire for broad representation, NDWR selected 22 individuals including four from the Humboldt River Basin Water Authority; Shayla Hudson, Bennie Hodges, Sabrina Tomera Reed and Jeff Fontaine. The full member list is shown below. The first meeting for the working group is planned for late June.
The Nevada Supreme Court yesterday on January 25th issued a long awaited Opinion on State Engineer Order 1309 for the Lower White River Flow System. The Court found that the State Engineer has statutory authority to combine multiple basins into one hydrographic “superbasin” based on a shared source of water and to manage water conjunctively. The Court also remanded to the District Court a review of the evidence used by the State Engineer to determine the maximum amount of groundwater that can be pumped.
This is an important ruling that could have major ramifications for how water will be managed in Nevada, especially in the Humboldt River Basin.
The Sixth Judicial District Court of Nevada on January 24th granted a stay of the State Engineer’s Order 1329 pending a decision on the merits. The Court found that the Petitioner, Buttonpoint Limited Partnership, may incur irreparable harm should the stay be denied and that Order 1329 is actually more harmful to the public absent a stay, because it relies on an unfinished groundwater model, subjecting the public to a fundamentally unproven methodology for calculating capture and any permanent effect it may have on existing and future water rights.
Click here to read the District Court’s Order- Staying SEs Order 1329 Pending Disposition.
The Nevada Supreme Court on July 7th issued an order adopting rules that provide for the specialized education and designation of district court judges adjudicating Nevada water law cases in a fair, just, and timely manner. The rules become effective six months from the date of the order. Click here to read the order.
The Central Nevada Regional Water Authority (CNRWA) and Humboldt River Basin Water Authority (HRBWA) were recently granted $15 million to purchase and retire groundwater rights from willing sellers.
Applications are now open for willing sellers to apply to voluntarily retire their water rights in these basins.
The program, the Nevada Water Conservation and Infrastructure Initiative, is meant to purchase and permanently retire groundwater rights from willing sellers in groundwater basins with insufficient water supply to serve all water rights and domestic wells.
Funding is to be used for over-appropriated and over-pumped groundwater basins in the Central Hydrographic Region and Humboldt River Basin.
Over-pumped basins are allocated $900 per acre-foot, and over-appropriated basins that are not over-pumped are valued at $350 per acre-foot. Water rights in the Diamond Valley Basin are valued at $800 per acre-foot.
“The program addresses and avoids conflicts with existing rights or detriments to the public interest and natural resources,” said Jeff Fontaine, the Initiative’s director. “Retiring groundwater rights will help stabilize groundwater levels.”
Funding priorities are for retiring irrigation rights in over-pumped basins subject to curtailment. Purchasing groundwater rights in other over-appropriated basins will also be considered if such purchases mitigate conflicts with existing rights or if there are detriments to natural resources.
Groundwater right holders in the portions of the Humboldt River Basin and Central Hydrographic Region located in CNRWA and HRBWA member counties are eligible to apply. Those counties include Churchill, Elko, Esmeralda, Eureka, Humboldt, Lander, Nye, Pershing and White Pine.
“We encourage those interested in retiring their water rights in these basins to apply sooner rather than later, as it is expected that available funds will exceed the program’s demand,” Fontaine added.
