Senate Bill 405
Folks: many rumors are floating on this SB 405. It WILL be heard as planned tomorrow, Weds, March 28 at 3:30 PM, Room 2144 on the 2nd floor of the Legislative Building.
This is known as the Big Bad Boys Big Bad Bill of the session....or keeping the public (including local governments) from participating in water decisions.
The waters of the State of Nevada belong to the citizens of the state.
You'd never know it! This bill contradicts much current policy. It is a potpourri bill that seems to find its genesis in the Governor's Transitional Task Force on Water of which Mr. Amodei, Mr. Bob Marshall, Ms. Patricia Mulroy were members. The story is this Task Force never met but each provided a paper on a topic. No vote was ever taken to support any of the recommendations in the report.
This bill appears to both enhance and take away from the State Engineer's perogative. It certainly stamps out local government options in planning and concentrates it with the State Engineer--probably meaning more pressure on the State Engineer and one focal point for the pressure. Its a complex and contradictory bill. Please try to read it from the Legislative website.
Please email your Senators today.
More details follow:
Water Folks. Senate Bill 405 introduced by the Interim Water Committee though the Senate Natural Resources Committee will be heard this coming Wednesday, March 28 at 3:30 PM, Senate Natural Resources. Please pass this on to parties who may be interested.
It is a scary bill that removes the public from the water allocation process and removes review by agencies. I would urge you to attend and sign-in in opposition. IF you can't attend. Otherwise please send emails to the following committee members:
Chairman Dean Rhoads drhoads@sen.state.nv.us
Vice-Chair Mike McGinness mmcginness@sen.state.nv.us
Mark Amodei mamodei@sen.state.nv.us
Joe Heck jheck@sen.state.nv.us
Maggie Carlton mcarlton@sen.state.nv.us
Bob Coffin bcoffin@sen.state.nv.us
Mike Schneider mschneider@sen.state;nv.us
Here's why!
a.. There would be no USGS review/nor Washoe Department of Water Resources review. There would be "no checks and balances and no accountability in the allocation of water.
b.. This is a public resource and they are taking the public out of the process. Let's Not take the Public Out of Our Public Water Resources.
c.. "A Nevada Senate Bill will bring back the good old days of water development. Sen. Mark Amodei's SB 405 would make Mullholland proud as it puts every important water decision behind a shroud of bureaucracy where well-monied water brokers can have free will with the driest state's most precious resource...Water"
>From a more legal perspective:
With regard to the need for water, the following sections appear to vest the State Engineer with authority to make decisions on water needs for future growth and to take away any such authority from local governments (and even the state):
a.. Section 1.2 provides that if a political subdivision's planning, zoning or management of growth actions conflict with, or is inconsistent with, the orders and decisions of the State Engineer, the actions of the political subdivision are preempted.
b.. Section 4 provides that a political subdivision, including the Public Utilities Commission may not take any action that alters, changes or diminishes a water right granted to a public utility.
c.. Currently, NRS 533.370.6.d provides that the State Engineer, in determining whether an application for interbasin transfer of water must be rejected, must consider whether the proposed action will not unduly limit the future growth and development in the basin from which the water is exported. SB 405 adds a new section b to 533.370.6 which provides that the presence or absence of zoning or master plan designations must not be a determining factor in the State Engineer's analysis.
d.. Section 4 of SB 405 provides that the State Engineer shall be the only public agency to analyze and manage the water resources of the state on a basin by basin basis, on a regional flow basis, or a statewide basis. This provision would seem to (1) prohibit analyses by public agencies such as the USGS, Bureau of Reclamation, US Fish and Wildlife Service, DRI, and local governments, (2) prohibit stipulations for joint analysis and management such as between SNWA and the federal agencies (Spring Valley), (3) block an agreement with the State of Utah that provides for analysis and management (unless the agreement only allows the State Engineer to conduct such work), and (4) prohibit agreements between affected local governments that involve analyses and/or the management of water.
Thanks
Susan Lynn
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