October 26, 2015

Mr. Lilly

felt that the plan was illegal. By passing the plan it shows that our elected officials agree that the State Engineer can reduce our rights to water. He recommended that the Water Board vote to throw out this plan as it does not serve to protect water rights of domestic well users. Daniel Burejsza questioned who on this board represented the people that owned lots without a well; why has nobody come up and supported this idea? Ken Searles related he currently owns properties that have wells and some without wells and that he was qualified to act as a representative for the people. He did have concerns about inequalities that might exist within the metering plan and felt that this issue must be deliberated further. Wade Hinden felt that meters should not be required on any private wells as this was just creating more government; people will be entering private property to read meters and it isn’t right. Dave Caudle related that the State Engineer commented at an earlier meeting that if a well needs to be replaced and it is within 180 ft. of a utility line, then it is required by law to hook-up to that utility. Shane Nevara felt that certain private interests in Pahrump want more development; they only want to make profit on what we drink and bathe in; this does not protect the beneficial use of the public; please defend us against this abuse of the taxpayer. Dan Schinhofen commented that he has a domestic well, some landscaping and a meter. He wanted the public to know that he is only using an average of 0.5 AF per year. He stressed that there is a distinct difference between the right to use water and ownership of water rights. If we take away people’s water rights it would be considered a taking by denying those people the use of their personal property. He wanted the public to know that all 5 County Commissioners have private wells. Amy Nelson said that she saw metering of wells forced upon people in New Jersey; she wanted to have included in the plan language that guarantees that wells can be passed on to her children through inheritance. Oz Wichman explained that domestic wells are tied to the land and cannot be separated. Greg Dann noted that he has meters installed on the 2 wells on his own property and he uses meters as a management tool. It is a good way to find out how much water you are actually using. Knowledge is important. Dave Hall commented that this is really all about how much water you are not using. Dan Schinhofen stated that meters cannot be mandated without having public hearings on the issue. Karen McKay stated that the plan being presented today is Stage 1 and what happens if there is a Stage 2? Does the current committee continue on into the future? Oz Wichman explained what the path forward might be. When Table 3 is fully complete, we will have the answer to how much real wet water is available in Basin 162. This will take many months of research to determine those numbers. Many other factors must be evaluated before implementation can begin. Ms. McKay felt that Stage 2 may be the next step to requiring meters on all wells. Dan Schinhofen stated that anything proposed must first be reviewed by the BOCC and then a decision would be made. Ken Searles explained that this plan is open and dynamic and changes can be made at any time. Mr. Wichman concurred with that opinion and felt that financial issues will be a major consideration in going forward with the plan. 5 Nye County Water District Governing Board October 26, 2015 Ken McLeroy questioned if meters would be put in for free. Greg Dann explained that if the state requires a meter, then the well owner pays all costs associated with the meter. The Water District has a program where they will pay for purchase and installation of a meter if you wish to participate in their monitoring program. It is unknown at this point if the state may require metering of all wells. In answer to a question from Amy Nelson, Greg Dann responded that yes, new wells drilled going forward would require a meter as per the plan.

Mr. Bent

, the potential for future water problems were addressed in a few previous scientific studies; growth control is addressed in the Pahrump Master Plan; the plan as it exists is trying to address growth in a realistic way; Appendix J addresses growth control measures contained in the Master Plan. Gregory Hafen II thanked staff and members of the GWMP Committee for all of their hard work over the last 2 years. He also thanked the Water Board for helping to fund the process. He related that there is not everything he wanted in the plan; there are some things that he doesn’t like; this is just a “road map”. Mr. Hafen read a list of 5 steps that need to be taken going forward as compiled by Oz Wichman. Kenny Bent took back his previous comment that growth control issues had not been addressed in the previous 40 years; there is still a lot more science to be done; the previous Water Board did not want to address this issue because it was more of a local problem; there are things that can 13 Nye County Water District Governing Board October 26, 2015 be done at the county level and do not need the state to intervene; we are moving in the right direction. Greg Dann related his personal opinion on the plan: The diminishment of water is a symptom of a deeper problem, that being unregulated growth; in the plan there is no mention of the curtailment of water rights that are not being used beneficially; the GWMP is unequitable; we need a plan, but not this one; the plan has failed its own mission statement; there are no set values concerning growth control other than a reference to the Master Plan; we have had lax oversight in this valley for a long time. Move the plan on to the BOCC; let them make a decision on the next step; the plan is lame; the GWMP Advisory Committee has failed; the plan is weak. Dan Sweeney made a motion to forward the Groundwater Management Plan, Stage One on to the BOCC to be heard at their next scheduled meeting in Pahrump. Dennis Gaddy seconded that motion. Ken Searles offered an amendment to the motion: The motion should also include that Water Board Members shall provide individual written comment on the plan to the BOCC prior to its deliberation at the meeting. Dan Sweeney and Dennis Gaddy both accepted the additional language. It was agreed that individual comment should be submitted one week prior to the meeting.

Mr. Lacy

noted that he and Oz Wichman had attended the NWRA 2015 Fall Symposium. They learned that the State Engineer is issuing orders for curtailment of junior water rights in the Smith and Mason Valleys. We need to watch this very closely as it can provide us guidance as we move forward. There are several other areas in the state that are facing potential curtailment due to over-pumpage. II. Oz Wichman

Mr. Wichman

related that he has developed a list of 5 steps for going forward with the GWMP. But until the BOCC makes a decision, there is no reason for staff to spend any more time on the plan. Regarding ASR, Mr. Wichman explained that putting water back in the ground for storage is not necessarily a preferred option. Because there is data lacking about the percentage of water that can actually be recovered, he feels that this may not be the most cost effective proposal. The chances of getting back 100% are unknown. He related that approximately 15% of water stored in the Las Vegas Valley aquifer is lost. 14 Nye County Water District Governing Board October 26, 2015 III. John Klenke

Mr. Klenke

announced that all Water District water level data is now available on the Nye County Water District website. d. Project Status Report Darrell Lacy related that the final report for the Leising Geoscience study should be ready in a few weeks. e. Board Liaison Report I. Frank Carbone and Dan Schinhofen

Mr. Carbone

thanked Gregory Hafen II for being instrumental in putting together the GWMP along with committee members. He also wanted to have a meeting of all the people that have been trained to take water level measurements; it is time for winter measurements. Dan Schinhofen also thanked members of the GWMP for their hard work. f. Report from other individuals, groups and or agencies regarding water-related issues: For informational purposes only. None