February 24, 2014

Mr. King

noted that a protest can delay an application for approval by up to a month. Oz Wichman stressed that each change application is unique and must be addressed on an individual basis. An accounting of all applications can be obtained on the DWR website each month. Oz noted that he reviews applications monthly and rarely do any cause him concern. The Water District could waste a lot of money if they protest each and every application at a charge of $30.00 per protest. Jason King noted that a request for a change in point of diversion troubles him as it may potentially impact already existing wells. The volume of water being moved is also troubling. He discussed other actions that may affect his decision to approve an application. Michael Lach made a motion that the Water District will not protest all water applications, but instead rely upon direction from Oz Wichman in keeping the Water Board informed of any application that may be a problem. Darrell Lacy noted that there is only a 30 day 4 Nye County Water District Governing Board February 24, 2014 window in which to file a protest once an application has been published. Which person has the authority to sign a protest order was discussed. James Eason questioned in which basins the Water District may be filing protests. Darrell Lacy felt that any protest proposed should be brought to the Water Board for ratification. Michael Lach amended his motion to include the amount of $200 to be used in filing protest applications with the DWR. John Bosta requested that Staff formulate a plan or establish some criteria for the filing of protests. There was a brief discussion about what the criteria might be. Darrell Lacy felt that each basin in Nye County might have different criteria established and this would be an evolving process. Michael Lach modified his original motion to include having Oz Wichman or Staff review all applications; to provide a budget of $200 for the filing of protests and that Staff provide a set of criteria to be used in determining whether a protest should be filed. James Eason did not feel comfortable with this motion as the Water District already has the authority to file protests. The motion failed for lack of a second. John Bosta made a new motion that would grant the General Manager the authority to file protests; that a set of criteria be formulated; and a budget of $200 be established to pay for filing of those protests. Darrell Lacy related that he will have a set of guidelines ready for the next meeting. Michael Lach seconded the motion. The motion passed unanimously with a vote of 5-0.