April 25, 2016

Mr. Wichman

clarified that ASR projects are not operated by the DWR but only permitted by them; and discussed the importance of obtaining Professional Engineering Reports before considering construction of ASR and infrastructure projects. He noted that Jason King alluded to the fact that if the BOCC and Water Board cannot agree on proposals which may require a change in law, how can he then be expected to present any BDR’s to the State Legislature. Mr. Wichman briefly reviewed other items that were approved to move forward by the Water Board at the 2 previous meetings (Items 1, 2, 3, 4 and 6A). He emphasized the need to discuss funding of PER’s for some of these proposals during the upcoming budget discussions for FY 17. Following a short break the meeting resumed with comments from John Bosta regarding the completion of Table 3. Mr. Bosta also discussed his investigation into the status of water rights in Basin 162 (see attached back-up). His opinion is that the Water Board should deny the GWMP as presented by Staff. He feels that the plan is flawed and is lacking information. In response to some of Mr. Bosta’s concerns regarding the need for new ordinances, Oz Wichman related that the BOCC voted to require the relinquishment of water at the rate of 3/1 for parcel map applications, but that information has yet to be updated on the County website. Dan Schinhofen stressed that the GWMP is still a work in progress, and we cannot stop working on it in anticipation of future ordinance changes. 4 Nye County Water District Governing Board April 25, 2016 Regarding completion of Table 3, Mr. Wichman explained the importance of quantifying the amount of over-dedicated water so we know which direction to take as we go forward with implementation of the plan. John Bosta was not in agreement with the procedure that Staff is following for completion of Table 3. Next, Item 5, Adoption of a Water Conservation Plan, was addressed by the Water Board. Oz Wichman commented that the Water Conservation Plan had been a high priority topic for discussion during GWMP Advisory Committee Meetings. Mr. Wichman briefly reviewed the important components that were suggested for implementation by the Committee. The primary goal is to avoid crisis level depletion of the aquifer for the long term. There are many elements in the Master Plan that can help with achieving that goal. Changes can be made over time by starting with new construction. New development codes can be implemented with the goal of decreasing water consumption. Water conservation standards can be enforced at the building permit level so there will not be a need to hire water enforcement “police.” The GWMP Advisory recommended that we begin implementation by revising County Code as it relates to water usage. Greg Dann related we need to concentrate more on restrictions for new growth and less on existing development. Oz Wichman discussed a study that shows by the year 2060 there will be major well failures if nothing is done at this time to slow down the mining of water. Greg Dann didn’t think that we are at a crisis point where current well owners should be subject to conservation regulations. Mr. Wichman feared that in the future, if there is another building boom in the valley, the water crisis will intensify to a point of no return. Dan Schinhofen stressed that we must at least address new construction. Darrell Lacy related that the ordinance process takes many months before anything can take effect. Once again, Greg Dann felt that current well owners should not be subject to any new conservation ordinances. Darrell Lacy related that most water abusers are probably already in violation of existing code and we need to have tools available for enforcement. Dave Hall felt that the Water Board should not get into too much detail at this point and leave the engineering up to the experts; and we need to give the Planning Commission the “teeth” for enforcement by starting at the new construction level. Katrine Romanoff’s opinion was that there should be a moratorium on growth and there should be more public input regarding the plan. Amy Nelson commented that Salt Cedar was no longer considered by some experts to be as water thirsty as first thought, but could not identify her source of information when questioned. Dan Schinhofen clarified to Daniel Burejsca that the County cannot limit the amount of water used by domestic well owners. Greg Dann also explained to him that a water conservation plan would affect every water user in the valley and not just domestic well owners. Dwight Lilly commented that growth should be curtailed in an effort to conserve water; this is not a common sense plan; and there should not be any comment allowed from people that do not reside in the Pahrump Valley. He felt that this whole plan is only geared toward development. Dan Schinhofen questioned who was going to pay for all of the lawsuits filed by the people that have purchased land and will not be allowed to build because of a moratorium on growth? Taxes would have to be increased to cover that expense. Judith Holmgren explained that this valley was “boomed” just so profit could be made on lot sales to unsuspecting buyers; the buyers have grounds to sue because of fraudulent claims made by the land speculators. Kenny Bent commented that growth control is no longer included as part of the current plan. He felt that there should be a ban on the parceling of existing lots. Darrell Lacy commented that a plan to limit the parceling of lots to 5 acres or more has already been approved and currently in the process of 5 Nye County Water District Governing Board April 25, 2016 implementation. Greg Dann said that he was embarrassed that growth control is not included in the conservation section of the GWMP. Darrell Lacy commented that about 30,000 lots have already been approved for building of new homes based upon the existing development agreements. John Bosta had concerns about old growth trees being blown over when the roots died due to lack of water. Dave Caudle felt that there was not enough water available to support more growth. Upon questioning by Herman Lewis, Dan Schinhofen clarified that the current population of the Pahrump Valley was about 36,000. Darrell Lacy related that population estimates were based upon census data gathered every 10 years by the federal government. Mr. Lewis feared that limiting water usage would devalue property values in the basin. Wade Hinden was in favor of limiting growth; questioned the law that does not allow for catchment of rainwater and felt that inmates at the detention center should have their showers limited to 10 minutes. There was discussion about combining adjacent lots into one larger lot in order to eliminate the potential for a second well. In response to questioning by Linda Delamare, Greg Dann explained that there was nothing to guarantee that current water law could not be changed by the State Engineer. She feared that her property value would be diminished if she could not water her trees. Dan Schinhofen emphasized that if we, as a group, do nothing at this time, then the State Engineer may choose to make his own decisions about water usage in this valley. Tim Hafen said that he knows no of laws that say you cannot catch rainwater; the racetrack currently catches rainwater in a catchment basin. Mr. Hafen explained that approximately half of the 20,000 acre feet of annual recharge to the basin is currently being used by domestic wells. The remainder is used primarily for agricultural purposes, but that is slowly going away. Agricultural water will eventually be used for development. He explained that growth will lure more business into the valley and increase the availability of goods and services. It was decided that this agenda item would be continued to the next meeting due to time constraints. Ken Searles requested that the letter that was sent to the State Engineer regarding over-dedicated water rights be discussed before breaking for lunch. Oz Wichman read the letter into the record. Mr. Searles felt that the letter was a very good first step in addressing the question of what happens to over-dedicated water rights. Dave Hall made a motion to approve the letter as written. Ken Searles seconded the motion. Herman Lewis had concerns about “relinquished” water rights. Oz Wichman related that “relinquished” water rights are required to revert back to the source from which they came and are gone forever. Over-dedication for a parcel map is not the same thing as a “relinquishment.” The motion passed with a vote of 6-0 in favor.

Mr. Lacy

related that SNWA no longer broadcasts meetings on the net. This will make it increasingly difficult to keep up with their activities in the future. II. CNRWA Report of Activities - Frank Carbone

Mr. Carbone

related that the next meeting of the CNRWA is on June 17th. The minutes from the last meeting have been made available to Staff and Board Members. c. Staff Reports: I. Darrell Lacy None II. Oz Wichman

Mr. Wichman

related that about 40 people attended the Basin Health Outreach Program in Tonopah. Everyone involved felt that it was a great success and wished that the class could have been longer than ½ a day. The program came in a little under the amount budgeted. Darrell Lacy related that he has received many positive comments about the event, and that Mr. Wichman did a great job as a presenter. III. John Klenke

Mr. Klenke

related that the average cost for drilling a new well would be about $40,000 per well. New wells along the California border will lead to a better understanding of the geology and movement of water throughout the basin. He explained that each well would be between 200 to 700 feet deep. d. Project Status Report No comments. 8 Nye County Water District Governing Board April 25, 2016 e. Board Liaison Report I. Dan Schinhofen He discussed some of the Open Meeting Law rules that apply to Public Comment. First Amendment rights of expression must be somewhat limited during this phase in order to maintain civility and decorum. f. Report from other individuals, groups and or agencies regarding water-related issues: For informational purposes only. None