History of Nevada Water Law – Basin 162

1. BULLENTIN 46 – EVOLUTION OF NEVADA’S WATER LAWS, AS RELATED TO THE DEVELOPMENT AND EVALUATION OF THE STATE’S WATER RESOURCES, FROM 1866 TO ABOUT 1960.

http://images.water.nv.gov/images/publications/water%20resources%20bulletins/Bulletin46.pdf

2.

ORDER 176 – 11th March 1941

Designation

http://images.water.nv.gov/images/Orders/176o.pdf

3.

ORDER 193 – 15th January 1948

Extending the Designated Area of Pahrump Artesian Basin

http://images.water.nv.gov/images/Orders/193o.pdf

4.

ORDER 205 – 23rd January 1953

Extending the Designated Area of the Artesian Basin

http://images.water.nv.gov/images/Orders/205o.pdf

5.

ORDER 955 – 26th October 1987

Amendment

http://images.water.nv.gov/images/Orders/955o.pdf

6.

ORDER 206 – 4th May 1993

METER – Directing the installation of measuring devices in the Pahrump Artesian Basin

http://images.water.nv.gov/images/Orders/206o.pdf

7.

ORDER 1107 – 8th November 1994

ORDER – CURTAILMENT

http://images.water.nv.gov/images/Orders/1107o.pdf

8.

ORDER 381 – 1st June 1997

Notice of Curtailment of Water Appropriation

http://images.water.nv.gov/images/Orders/381o.pdf

9.

ORDER 1293 – 19th December, 2017

ORDER FOR DOMESTIC WELL CREDIT IN THE PAHRUMP VALLEY HYDROGRAPHIC BASIN (162)

http://images.water.nv.gov/images/Orders/1293o.pdf

10.

AMENDED ORDER 1293A – 12th July, 2018

PROHIBITING THE DRILLING OF NEW DOMESTIC WELLS IN THE PAHRUMP ARTESIAN BASIN (10-162), NYE COUNTY, NEVADA.

http://www.nyecountywaterdistrict.net/DocumentCenter/View/119/1293Ao1?bidId=

Nye County Private Well Owners files an Appeal to County Commission. January 14, 2020.

Public Hearing at the Nye County Commissioners Meeting 10:00 – For Possible Action – Public Hearing, discussion and deliberation on Appeal of the Nye County Water District Governing Board’s December 9, 2019 decision to raise the per parcel fee in Basin 162 to $35.00 a year for a minimum of 3 years for funding of the carbonate aquifer exploratory project. The Board may affirm, modify or reverse the decision.

Commissioner Koenig listed the additional back-up as follows :
• Nye County Water District Agenda Information Form, item 9, dated December 29, 2019, and the back-up for that item.
• Nye County Water District Board minutes from December 29, 2019.
• December 18, 2019, appeal letter and reasons submitted by the Private Well Owners Cooperative Association of Nye County.

Approximately 50,000 taxable parcels exist in Basin 162 with a $30.00 per parcel, per year fee this would increase taxes for the beginning phases of the project to $1,5000,000.00 for one year for a total of $4,550,000.00 for the three (3) years of the first phase of the project.

December 18, 2019

Private Well Owners Cooperative Association of Nye County Post Office Box 2073 Pahrump Nevada 89041-2073

“Every Drop Counts”

Dear Commissioners,

Please find attached our Appeal to the Nye County Board of Commissioners on the decision made on December 9, 2019 by the Nye County Water District Governing Board to vote raising the per parcel fee of all parcels served by Basin 162.

Our two-page appeal, as per your request at the December 17, 2019 meeting during your hearing on this matter is attached, and we believe that it was your decision to place this matter on the agenda for the Janurary14, 2020 Nye County Commissions meeting. 

You will see in our appeal on page 2 and 3 we request that you reverse the decision of The Nye County Water District Governing Board at your January 14, 2020 meeting.

Matthew H Burg

President

APPEAL TO THE NYE COUNTY BOARD OF COMMISSIONERS

Date:  December 18, 2019

Applicant’s Name:  Private Well Owners of Nye County.

Applicant’s Address: Post Office Box 2073, Pahrump Nevada. 89041-2073.

Decision Being Appealed:  The Nye County Water District Governing Board voted to fund a carbonate aquifer exploratory project by raising the per parcel fee of all parcels served by Basin 162 in the amount of $30.00 “Minimum” per year for three (3) years.

Date Decision Was Made:  December 9, 2019.

Reasons why the decision of The Nye County Water District Governing Board should be reversed:

1. The Project is outside the Nye County boundaries solely within Clark County.

2. The project is completely exploratory with no significant proof that water exists.

3. The tax is a taxation without representation.

4. This is only phase one of many future phases.

5. This will create open-ended funding falling on the backs of parcel owners in Basin 162 for future phases.

6. This will do nothing more than to assist Southern Nevada Water Authority by giving them the knowledge of possible water and would set this project up for a future adverse water grab in Basin 162.

7. There was no discussion as to when and if water is found who will have the permits for water.

8. Who will control the water if any is found?

9. If there is water found there will most definitely be an acceleration of pumpage in the name of development.

10. Larger developments over the last few years have caused most of the issues on added useage of water in Basin 162. When do we just say NO?

Matt Burg,

President.

Education

March 24, 2020

The Well Owners Association will present a 15-20 minute program each month dedicated to educating not only its members but the Basin 162 Community.

Each program will be dedicated to many of the following concerns that our community as a whole faces.

WATER CONSERVATION           WATER QUALITY           TESTING OUR WELLS

GROUNDWATER ISSUES AND CONCERNS                         WELL LOGS

WATER CONTAMINATION                     SEPTIC SYSTEMS

PROTECTING THE AQUIFERS                        WATER TREATMENT

MAINTAINING WELLS

All meetings are open to the public and are held each month at our Membership Meeting at 10:00 a.m.

4th Thursday

Pahrump Museum

401 East Basin Ave.

Pahrump, NV 89060

AB95 Signed By Governor Into Law

AB95

ASSEMBLY BILL NO. 95–COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, AND MINING

(ON BEHALF OF THE LEGISLATIVE COMMITTEEON PUBLIC LANDS)

PREFILED JANUARY 24, 2019

____________

Referred to Committee on Natural Resources,

Agriculture, and Mining

SUMMARY—Revises provisions relating to water. (BDR 48-504)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: Yes.

AN ACT    relating to water; requiring the State Engineer to continue to allow withdrawals of groundwater from domestic wells under certain circumstances in groundwater basins where withdrawals have been restricted to conform to priority rights; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:  Existing law requires the State Engineer to conduct investigations in any basin or portion thereof where it appears that the average annual replenishment to the groundwater supply may not be adequate for the needs of all permittees and vested rights claimants. If the State Engineer confirms that the average annual replenishment to the groundwater supply may not be adequate, he or she may order that withdrawals, including withdrawals from domestic wells, be restricted to conform to priority rights. (NRS 534.110) Existing law: (1) authorizes the State Engineer to designate as a critical management area any groundwater basin in which withdrawals of groundwater consistently exceed the perennial yield of the basin; and (2) requires the State Engineer to designate as a critical management area any groundwater basin in which withdrawals of groundwater consistently exceed the perennial yield of the basin upon receipt of a petition for such designation. If a groundwater basin is designated as a critical management area for at least 10 consecutive years, the State Engineer is required to order that withdrawals, including withdrawals from domestic wells, be restricted to conform to priority rights. (NRS 534.110)
This bill provides that if the State Engineer orders that withdrawals be restricted to conform to priority rights in any of these groundwater basins, he or she must limit the restriction on withdrawals from domestic wells to allow a domestic well to continue to withdraw 0.5 acre-feet of water per year if the owner of the domestic well installs or has installed a water meter to record the withdrawal.

________________________________________

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 534.110 is hereby amended to read as follows:
534.110 1. The State Engineer shall administer this chapter
and shall prescribe all necessary regulations within the terms of this chapter for its administration.

2. The State Engineer may: (a) Require periodical statements of water elevations, water
used, and acreage on which water was used from all holders of
permits and claimants of vested rights.
(b) Upon his or her own initiation, conduct pumping tests to
determine if overpumping is indicated, to determine the specific
yield of the aquifers and to determine permeability characteristics.

3. The State Engineer shall determine whether there is unappropriated water in the area affected and may issue permits
only if the determination is affirmative. The State Engineer may
require each applicant to whom a permit is issued for a well:
(a) For municipal, quasi-municipal or industrial use; and
(b) Whose reasonably expected rate of diversion is one-half
cubic foot per second or more, to report periodically to the State Engineer concerning the effect of that well on other previously existing wells that are located within 2,500 feet of the well.

4. It is a condition of each appropriation of groundwater acquired under this chapter that the right of the appropriator relates to a specific quantity of water and that the right must allow for a reasonable lowering of the static water level at the appropriator’s point of diversion. In determining a reasonable lowering of the static water level in a particular area, the State Engineer shall consider the economics of pumping water for the general type of crops growing and may also consider the effect of using water on the economy of the area in general.

5. 5. This section does not prevent the granting of permits to
applicants later in time on the ground that the diversions under the
proposed later appropriations may cause the water level to be
lowered at the point of diversion of a prior appropriator, so long as
any protectable interests in existing domestic wells as set forth in
NRS 533.024 and the rights of holders of existing appropriations
can be satisfied under such express conditions. At the time a permit
is granted for a well: (a) For municipal, quasi-municipal or industrial use; and
(b) Whose reasonably expected rate of diversion is one-half
cubic foot per second or more,
 the State Engineer shall include as a condition of the permit that
pumping water pursuant to the permit may be limited or prohibited
to prevent any unreasonable adverse effects on an existing domestic
well located within 2,500 feet of the well, unless the holder of the
permit and the owner of the domestic well have agreed to alternative measures that mitigate those adverse effects.

6. Except as otherwise provided in subsection 7, the State
Engineer shall conduct investigations in any basin or portion thereof where it appears that the average annual replenishment to the groundwater supply may not be adequate for the needs of all
permittees and all vested-right claimants, and if the findings of the
State Engineer so indicate, except as otherwise provided in
subsection 9, the State Engineer may order that withdrawals,
including, without limitation, withdrawals from domestic wells, be
restricted to conform to priority rights.

7. The State Engineer:
(a) May designate as a critical management area any basin in
which withdrawals of groundwater consistently exceed the perennial yield of the basin.
(b) Shall designate as a critical management area any basin in
which withdrawals of groundwater consistently exceed the perennial yield of the basin upon receipt of a petition for such a designation which is signed by a majority of the holders of certificates or permits to appropriate water in the basin that are on file in the Office of the State Engineer.
 The designation of a basin as a critical management area pursuant to this subsection may be appealed pursuant to NRS 533.450. If a basin has been designated as a critical management area for at least 10 consecutive years, except as otherwise provided in subsection 9, the State Engineer shall order that withdrawals, including, without limitation, withdrawals from domestic wells, be restricted in that basin to conform to priority rights, unless a groundwater management plan has been approved for the basin pursuant to NRS 534.037. 378.

8. In any basin or portion thereof in the State designated by the
State Engineer, the State Engineer may restrict drilling of wells in
any portion thereof if the State Engineer determines that additional
wells would cause an undue interference with existing wells. Any
order or decision of the State Engineer so restricting drilling of such
wells may be reviewed by the district court of the county pursuant to
NRS 533. 450.

9. If the State Engineer orders pursuant to subsection 6 or 7
that withdrawals be restricted to conform to priority rights, the
State Engineer must limit the restriction of withdrawals from a
domestic well to allow a domestic well to continue to withdraw 0.5
acre-feet of water per year, which must be recorded by a water
meter.
Sec. 2. This act becomes effective on July 1, 2019.