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Public meetings / Water District

July 26, 2022

17 turns, 17 with a named speaker, under 4 agenda items. The words and the names are the county clerk's.

4. (00:00:07) Approval or modifications of the Agenda for the Water District Meeting of

Mrs. Williams

made corrective action following the General Manager misspeaking during the opening of item 4. Mr. Goedhart motioned to accept the agenda from the Nye County Water District Governing Board of July 26, 2022. The manager then requested Item 17 be addressed out of order and the meeting proceeded according to the Chair’s corrective action. The vote was 5-0 to approve the meeting’s agenda. Page 2 July 26, 2022

17. (00:03:16) Possible Action – Discussion, deliberation and decision regarding

Mrs. Williams

mentioned each board member would be given the chance to disclose any conflicts of interest on each agenda item brought before the board.

Mr. Goeadhart

inquired if staff had requested the State Engineer’s Office appear before the board to address Order 1330. Mr. Weeks explained that an official request had not yet been made.

Mr. Holden

requested that an item be placed on the next Water District Governing Board agenda an Action item which would propose that all solar projects within over allocated Water Basins within Nye County requiring such project to obtain water rights in a ratio of 4:1 for cleaning their solar panels and that they retire 3 acre feet of such water for each 1 acre foot they propose to use in their cleaning process. Mrs. Williams requested that Mr. Holden submit backup material to the Manager in a timely manner before so could be included on the next agenda.

Mr. Lach

suggested the General Manager compose an item for the next meeting regarding the failure of Nye County Commission to pay a bill submitted by The Nevada State engineer in the amount of $136,000. Mr. Lach stated that he would like the board to consider giving direction to The Nye County Commission to pay that bill or not with the intent to better relations and communication with the States Engineer’s office. 7. (00:17:34) For Possible Action – Discussion and deliberation regarding accepting the meeting minutes from the Nye County Water District Governing Board meeting of June 21, 2022. Page 3 July 26, 2022

Mr. Goedhart

motioned to accept the minutes from the Nye County Water District Governing Board of June 21, 2022. Mr. Lach offered a second to the motion. The vote was 4-1 to approve the minutes from the Governing Board Meeting of June 21, 2022 with Mr. Holden voting against. 8. (00:18:46) Presentation Only – Presentation by BEC Environmental, Inc. on how the company may be able to assist the Water District to secure grant funding. BEC Environmental Inc. Principal Eileen Christensen delivered a presentation on the services the company offers. 9. (00:35:47) Presentation Only – Presentation by Nye County resident John Bosta that the board consider changes in the operating procedures of The District.

Mr. Weeks

explained that the item should have been pulled from the agenda following an error made at his desk. Mrs. Williams made a statement about the circumstances which lead to the item being unable to present during the meeting. (Inserted following the meeting. Mr. Weeks wanted to clarify that the item was canceled at no fault of the public sponsor, Mr. Bosta and occurred due to a lack of staff resources. 10. (00:37:53) DISCUSSION ONLY – Discussion and deliberation regarding the petition and signatures gathered and then submitted by certified mail to the Nevada State Engineer as public comment to Order #1330 which effects Nevada Water Basin #230 also known as the Amargosa Desert.

Mr. Goedhart

discussed the financial impacts of Order #1330 and the recent the signature gathering effort in Amargosa to great detail. 11. (00:52:58) FOR POSSIBLE ACTION – Discussion and deliberation to renew and accept a modified lease agreement for required copier services from Xerox. The new lease will result in a monthly savings of $57.61 per month.

Mr. Lach

motioned to approve the new lease with XEROX which will result in a monthly savings of $57.61 per month. Mr. Goedhart offered the second to accept the new contract from Xerox. The vote was 5-0 to approve the new lease agreement. 12. (00:56:00) DISCUSSION ONLY – Discussion and deliberation regarding recent action taken by the Nevada Supreme Court regarding Senior Water Rights in Eureka County and Nevada Advance Opinion #43. Consider the potential implications in Nevada Water Basin #162 and Nye County overall. Nye County resident Victor Fuentes cautioned the board that court decisions could lead to the Federal Government to take away the water rights of Nye County residents.

Mr. Lach

suggested that the Board Members who had not taken the time to read the backup documents in its entirely to do so. Page 4 July 26, 2022 13. (01:02:32) For Possible Action – Discussion and deliberation to direct the General Manager to coordinate with Nye County Planning Staff to develop a detailed report which outlines all currently accepted Development Agreements for subdivisions in Nye County and the number of actual parcels currently defined, within those subdivision plans. Further, the report should identify the municipal water rights banked for each of the proposed subdivision parcels as well as those already defined.

Mr. Goedhart

motioned to have staff create the report. Mr. Holden offered a second to direct staff to create the report as directed in the item. The vote was 5-0 to approve directing staff to create the report. 14. (01:23:46) For Possible Action – Discussion, deliberation, to renew a Professional Services Agreement (PSA) with Jamison Walker (Geoscience Consultant) for a not- to-exceed amount of $10,000 for Fiscal Year 2022 / 2023.

Mr. Lach

motioned to approve the PSA with Jamison Walker. Mr. Jackson offered a second. The vote was 5-0 to approve renewing the PSA. 15. (01:28:23) For Possible Action – Discussion, deliberation, to renew a Professional Services Agreement (PSA) with Kathy Gilmore (Quality Assurance Officer) for a not- to-exceed amount of $3,000 for Fiscal Year 2022 / 2023.

Mr. Goedhart

motioned to approve the PSA with Kathy Gilmore. Mr. Lach offered a second. The vote was 5-0 to approve renewing the PSA. 16. (01:31:58) For Possible Action – Discussion, deliberation, to renew a contract for the professional services of Dwight Smith, Principal Hydrogeologist, McGinley and Associates, Inc., to provide 3rd party review of the most recent USGS water model impacting the larger Amargosa Valley geographic areas and the ongoing Devils Hole debate for Fiscal Year 2022 / 2023.

Mrs. Williams

motioned to continue the item to August 9 meet of the Governing Board due to an error in the agenda item.

19. (01:41:11) Possible Action – Discussion and deliberation to set the date, time and

Mr. Lach

motioned to approve Tuesday, August 9, 2022 at 10:00 a.m. at the BOCC Chambers for the next meeting of the Governing Board. Mr. Holden offered a second. The vote was 5-0 to approve the date.

21. (01:43:49) Board Comments – (This item limited to announcements and to proposed

Mr. Goedhart

requested that the General Manager bring forward an Action Item to request the Nevada Division of Water Resources Basin #230 engineer come before the Governing Board for a cleared perspective on what impact order #1330 will have on the movement of water in the Amargosa Desert Area.

Mr. Lach

suggested some process changes in the Governing Board’s meeting agendas.