The Truckee Canal: Water for a Sustainable Future

The Truckee Canal is part of the Newlands Project which was established by Congress in “The Reclamation Act of 1902.” Cover photo by: Jeanne Evatt Table of Contents THE PURPOSE | •••••••••••••••••••••••• 3 THE PROBLEM | •••••••••••••••••••••••• 3 HOW DOES THIS AFFECT YOU? |••••••••••••••• 3 BENEFITS OF THE TRUCKEE CANAL | •••••••••••• 4 Truckee Canal Water |•••••••••••••••••••• 5 City of Fernley |••••••••••••••••••••• 5

Truckee canal water going into Lahontan Reservoir. Hazen |•••••••••••••••••••••••••• 5 Lahontan Reservoir Water |••••••••••••••••• 6 Churchill County |•••••••••••••••••••• 6 Lahontan State Recreation Area |••••••••••••• 6 City of Fallon |•••••••••••••••••••••• 6 Fallon Paiute-Shoshone Tribe |•••••••••••••• 6 Naval Air Station Fallon |••••••••••••••••• 7 Lahontan Wetlands |••••••••••••••••••• 7 The Wetlands – Agriculture Relationship |••••••••• 7 Agriculture |•••••••••••••••••••••••• 8 Sustainable Clean ”Green” Power |•••••••••••• 8 Historical TIMELINE |•••••••••••••••••••• 9 Water rights as real property |••••••••••••• 9 recommended Solutions |••••••••••••••• 10 Community Residents and Organizations |•••••••• 10 Elected Officials |•••••••••••••••••••••• 10 Government Agencies |•••••••••••••••••• 10 Repair the Truckee Canal |••••••••••••••••• 11 Summary |••••••••••••••••••••••••• 11 Endnotes |••••••••••••••••••••••••• 13

Naval Air Station Fallon - page 7 2009 Produced by Truckee Canal White Paper Working Group Under the auspices of Lahontan Valley Environmental Alliance P.O. Box 390, Fallon Nevada 89407 (775) 423-0525 office | http://www.lvea.org 90 N. Maine Street 101A, Fallon, Nevada

Wetlands-Agriculture - page 7 The Lahontan Valley Environmental Alliance (LVEA) is a non-profit organization which was created in 1993 and is composed of representatives from Churchill County, City of Fallon, City of Fernley, Truckee-Carson Irrigation District and the Stillwater and Lahontan Conservation Districts. The alliance works to educate the public and coordinate efforts to protect the natural resources of the communities within the Newlands Project.

2 The Truckee Canal D-2 Photo by: Jeanne Evatt The Truckee Canal: Water for a Sustainable Future The Truckee Canal is part of the Newlands Project which was established by Congress in “The Reclamation Act of 1902”. This was the first reclamation project in the United States and was enacted during Theodore Roosevelt’s administration to stimulate settlement in the West.

THE PURPOSE The purpose of this paper is to facilitate the repair of the Truckee Canal and return the Truckee Canal . flow to pre-flood levels as well as to gain the support of the community and the elected officials, through education, in this endeavor.

THE PROBLEM In January 2008, the Truckee Canal, an integral part of the Newlands Project, breached its banks in Fernley, Nevada, flooding homes. This disaster resulted in a court order1 to reduce Truckee Canal flows to less than half the normal flow.2 This resulted in a shortage of water to The Truckee Canal Lahontan Reservoir, not only causing economic damage to farmers but impacting everyone should be repaired within the Newlands Project. In order to protect the people of Fernley against flooding and avoid the devastating economic and environmental effects of prolonged artificial drought, to prevent future state-of-the-art repairs must be promptly and permanently implemented in the Truckee Canal, the lifeblood of the Newlands Project. flooding and HOW DOES THIS AFFECT YOU? restore the full flow This paper gives an overview of how Newlands water affects you. You can make a difference by encouraging and supporting your elected representatives as they work to protect your of the water. assets and your way of life. Today’s decisions will affect future well water supplies, your local economies, and could affect future geothermal power production. The Nevada State Legislature recognized the importance of repairing the Truckee Canal in passing Assembly Concurrent Resolution No. 32 during the recent 75th legislative session: “…the Truckee Canal must be repaired to prevent future flooding and to restore the full flow of water because the court-ordered drastically reduced flow, which is well below capacity, is creating an artificial drought which places in jeopardy the welfare

and livelihood of farmers, homeowners, Native American tribes, state and federal Photo by: Bill Shepard Bill by: Photo governmental entities, municipal and industrial interests, the military facility and wildlife within the boundaries of the Newlands Project; and WHEREAS, A planned governmental or environmental study that would delay repairs for 3 to 5 years is not a viable option because the farmers cannot farm with years of reduced water delivery…”3 Further, the Congress of the United Sates mandates in Public Law (PL) 101-618: “In addition to the existing [agricultural] irrigation purpose of the Newlands Reclamation Project, the Secretary [of the Interior] is authorized to operate and maintain the project for the purposes of: (A) fish and wildlife, including endangered and threatened species; Baling alfalfa. (B) municipal and industrial water supply in Lyon and Churchill counties, Nevada, including the Fallon [Paiute-Shoshone] Indian Reservation; (C) recreation;

Water for a Sustainable Future 3 D-3 Rarely can it (D) water quality, and (E) any other purposes recognized as beneficial under the law of the State be said that of Nevada”.4 The Truckee Canal, on land set aside by the Reclamation Act for use by the Bureau Of one governmental Reclamation (BOR), truly makes the Newlands Project the Green Machine. It contributes to our local economy, produces green power, and makes the Lahontan Valley “the Oasis of project benefits Nevada” which in turn protects the air quality needed by Naval Air Station Fallon (NASF). The Truckee Canal: so many for so small • Helps maintain aquifer recharge for over 5,000 documented wells.5 • Helps sustain the third-most visited Nevada park, Lahontan State Recreation an expenditure. Area.6 • Provides irrigation for approximately 52,000 privately owned acres of agriculture lands in the Newlands Project • Transports water to the wetlands, part of the Pacific Flyway, as required by international treaties.

benefits of the truckee canal

Photo by: Philip Pomeroy The water carried through the Truckee Canal directly and indirectly supported $330 million in 2007 local economic activity.7 The establishment of the Newlands Project, including the Truckee Canal, encouraged and allowed for the growth and industry that developed within its boundaries, including: • The City of Fernley • Hazen • Churchill County • Lahontan Reservoir • The City of Fallon • The Fallon Paiute-Shoshone Tribe Lake Lahontan Dam. • Naval Air Station Fallon • Lahontan Wetlands • Agriculture • Sustainable green power generation

Truckee Canal Currently, 24.47% of the water rights within the Newlands Project are owned by governmental, non-agricultural entities.8 This figure is increasing with the implementation of supported PL 101-618, which directs that additional agricultural water be purchased for wetlands.9

$330 million in 10 % of Water Righted Acres economic Owned activity in 2007. C ity of Fallon 0.2% C hurchill C ounty 0.6%

Naval Air S tation 1.7%

75.6 C ity of Fernley 3.1%

Nevada Dept. of Wildlife Acre Foot: The amount of water needed to cover one 3.4% acre of land to the depth of 12 inches, or 43,560 cubic Paiute-S hoshone feet of water.19 0.2 Reservation 4.4% U.S . Fis h and Wildlife 11.1% 11.1 0.6 Water Right: The legal right to use water from a source 4.4 1.7 such as a river or lake. 3.4 3.1 Farmers and R anchers 75.6%

4 The Truckee Canal D-4 The Truckee Canal carries water from the Truckee River to the Lahontan Reservoir The canal and where it is joined with the Carson River water. The amount of water in the Truckee Canal is monitored by the Federal Water Master and balanced with Carson River water to meet local communities the water rights of all down stream users. The amount of water diverted from the Truckee River varies widely according to the snow pack at the headwaters of both rivers. Access to can exist in harmony mountain snow pack run-off is crucial to Lahontan Reservoir. Newlands Project valleys average only five inches of rain per year.11 to sustain water for According to the Desert Research Institute (DRI), if the Truckee Canal were to stop flowing, the wells in Fernley, Hazen, and Swingle Bench would be unusable within five the future. years. The wells need the groundwater recharge from the Truckee Canal to maintain not only the quantity, but also the quality of their water supply. Surface water right owners in Fernley, Hazen, and Swingle Bench are entirely served by the Truckee Canal.12 All Lahontan Valley aquifers are interconnected and rely on water from irrigation and the irrigation system of canals to recharge and maintain local water supplies 13

and local water quality. (See diagram page 12.) Reduced irrigation water from the Seidl Susan by: Photo Truckee Canal that causes water shortages will significantly impact the water table. Increased efficiency measures (e.g. reducing seepage from ditches and irrigation canals) will also have the unintended consequence of lowering water aquifer levels. In the Lahontan Valley, a 25,000 to 50,000 acre-feet per year decrease could cause water levels to decline from four to seventeen feet, potentially drying up many household wells.14

Truckee Canal Water Fernley Agriculture. City of Fernley Nestled against the Virginia Mountain Range, the 19,609 residents of Fernley15 enjoy a rural lifestyle with big city amenities within a 30-minute drive of a metropolitan area. Fernley is also home to the 5000 acre Nevada Industrial Park located along Interstate 80, 16 which has attracted Fortune 500 companies. The Truckee Canal delivers water to all Ground water property owners who own water rights in this area. • The City of Fernley owns 9,910 acre feet of water rights.17 is not just • There are approximately 564 documented domestic (single home) wells and 79 non-domestic wells in the City of Fernley. Non-domestic wells include municipal and about quantity; industrial, irrigation, and other.18 • The 11 miles of canal in Fernley provide up to 90% of the recharge to Fernley’s 564 it’s also documented domestic wells.20 • Truckee Canal recharge “protects and enhances natural systems and wildlife habitat”.21 about quality. • Without the hydraulic pressure exerted by the canal, a Desert Research Institute (DRI) study predicts the encroachment of undrinkable and untreatable water that would contaminate existing wells.22 • Agriculture produces cattle, other livestock and hay for market, bringing money into the community. • The Fernley area has 312 acres of wildlife management land, including wetlands that are part of the Pacific Flyway and are managed by Nevada Department of Wildlife.23 Ground water: Water beneath the ground that waters trees and other plants from below, and supplies drinking Hazen water in private and municipal wells. The tiny rural Churchill County community of Hazen is dependent on the Truckee Canal Aquifer: A water-bearing layer of penetrable rock, sand, 24 for agricultural, municipal, and drinking water. or gravel beneath the ground.

Water for a Sustainable Future 5 D-5 Lahontan Reservoir Water

Photo by: Paulie Alles (Carson River Water plus Truckee Canal Water)

Churchill County The direct economic contributions of NASF, combined agricultural sectors, and power production and distribution, pour $330 million per year into Churchill County and the local communities of the Lahontan Valley.25 Numerous other local businesses contribute directly and indirectly through economic linkages as money is spent locally. Churchill County enjoys a stable economy thanks to the diversity of agriculture,26 NASF, geothermal, and other industries. The agricultural sector in Churchill County Recreational boats on Lake Lahontan. is a crucial, stable, tax-producing part of the economy. Any reduction in the amount of water to be delivered under Nevada law would diminish these advantages. • Churchill County has a population of 26,98127 • A conservation easement program has been implemented to protect agriculture, open spaces and water recharge to the aquifer.28 “Nevada’s wetlands • Churchill County owns 1490 acre feet of water rights.29 • In Churchill County there are 4130 documented domestic wells and 344 non- are some of the most domestic wells, which include municipal and industrial, irrigation, and other, all permitted through the state water engineer.30 ecologically valuable

36 Lahontan State Recreation Area lands in the State”. During an average water year, Lahontan State Recreation Area is the third most visited state park in Nevada. Lahontan’s visitor count is surpassed only by Lake Tahoe and Valley of Fire State Parks during average years.31

City of Fallon Fallon has an abundance of industrial, civic, cultural, and recreational opportunities as well as a Western Nevada College campus.32 Fallon celebrates its history and has

Photo by: Bill Shepard numerous distinctive historical sites. • Fallon is home to 9,258 people.33 • Fallon has an upgraded water processing plant to assure that water pumped from the basalt aquifer for municipal and industrial use meets or exceeds safety standards.34 • The city has 414 acre feet of surface water rights.35

Fallon Paiute-Shoshone Tribe The 1,297-member Fallon Paiute-Shoshone Tribe (FPST)37, traditionally known as the Toi Ticutta (cattail eaters), provides its people with a broad variety of services and activities from health care to a senior center. Their land encompasses 8200 acres and Lahontan Valley. is located in the northeast part of Lahontan Basin, in the shadow of the sacred Fox Peak Mountain.38 • FPST’s wells are in the basalt aquifer which is recharged with irrigation water.39 • FPST farmers and ranchers irrigate with water rights serviced through the Newlands irrigation system. • The Fallon Paiute-Shoshone Tribe has wetlands managed by the U.S. Fish and Wildlife Service. Domestic Well: A well for a single family dwelling, their lawn, garden and some animals not to exceed the use of 1,800 gallons per day.

6 The Truckee Canal D-6 Photo by: Jennifer Manha Naval Air Station Fallon • The Naval Air Station Fallon (NASF) contributes over two hundred million dollars ($200,000,000) every year to Nevada’s economy through the incomes of active duty, civilian and contract personnel; construction, wholesale, and transportation contracts; and retirees.40 • NASF’s capabilities cannot be duplicated anywhere else in the world. No other facility is capable of simulating a combat environment for our aircrews.41 • Irrigated fields within the NASF Agricultural Outlease Program, surrounding the Top Gun training facility, reduce air particulates, bird strikes, fire danger, and contribute to air operations safety.42 Naval Air Station Fallon Training Base. Lahontan Wetlands Lahontan Valley’s wetlands are part of the Pacific Flyway, which extends from northern Alaska and Canada through southern Mexico.44 Young birds that can not make the migration uninterrupted have a chance to rest and feed. Aside from offering the ability to study and enjoy Naval Air Station the beauty of nature, our wetlands are crucial in supporting a balanced ecosystem. Lahontan wetlands include the Stillwater National Wildlife Refuge, Stillwater Wildlife Fallon Outlease Management Area, Fallon Paiute-Shoshone Indian Reservation wetlands, and the Carson program Lake Pasture.45 The U.S. Fish and Wildlife Service is currently in the process of purchasing water rights from farmers according to the “Water Rights Acquisition for Lahontan Wetlands”.46 contributes to air These wetlands: • Are designated as internationally important.47 operations safety. • Are managed according to international treaty obligations.48 • Are mandated under Public Law 101-618 which requires that approximately 25,000 acres be maintained as wetlands.49 • Provide educational, scientific research, and recreational opportunities.50 • Host about 250,000 shorebirds in good years.51 • Host over 280 species of waterfowl and other water birds whose sightings have been documented.52

54

The Wetlands – Agriculture Relationship Isadora-Mills Edith by: Photo • If it were not for the Newlands Project, the most important wetlands such as Stillwater National Wildlife Refuge and Carson Lake, would have been completely lost years ago. It was the Project that kept adequate water coming to the valley to protect these areas as a side benefit to agriculture. Without the Project the waters of the Truckee and Carson Rivers would have been allocated to upstream users long ago. • At Carson Lake Pasture, cattle grazing outside the wildlife fence are very important in keeping undesirable vegetation in check as well as keeping these areas open to wildlife. Inside the wildlife fence, livestock grazing is prohibited so as to preserve feed for wildlife. • Project drain ditches are used in the summer months for nesting sites for a high White-faced Ibis feeding on alfalfa hay land . percentage of the Valley’s wood duck population. Significant numbers of mallards, cinnamon teal, and other birds also nest in or near these ditches each year. • Project drains also provide feeding area for birds such as egrets, herons, ibis, and other wetland-dependent species on a year-round basis. • During the winter, drains provide an ice-free source of water for wintering waterfowl and other varieties of birds. Naval Agricultural Outlease Program: Fallon Naval Air Station leases some of its own land to • Many wetland-dependent wildlife species use the Newlands Project agriculture lands farmers and ranchers as a safety barrier against for feeding during all times of the year. The most obvious ones that use these lands in bird strikes. Most of the outlease land is irrigated cattle pasture, but some produces alfalfa, rye, great numbers are Canada and snow geese, mallards, and white-faced ibis. barley, or corn.43

Water for a Sustainable Future 7 D-7 Lahontan Valley’s Agriculture Churchill County agriculture yields a wide variety of crops and livestock. The high desert dairies produced growing conditions combined with the ability of the farmers to control irrigation water allow enough milk in production of very high quality crops. Local growers raise a multitude of vegetables, fruits and even wine grapes. Most of the local hay is alfalfa, but other hays such as Teff, Sudan grass 2008 to supply all and grain hays are also produced. Most of the cow dairies in the northern part of Nevada and the only two goat dairies in the entire state are in Churchill County. Altogether, these various dairy products for animals make efficient use of local hay and crop residues, including corn and other crops which are produced for silage.55 over a half million • In 2007 the total economic activity generated by Churchill County agriculture was Americans for a year.53 $175.43 million.56 • In 2007, all agricultural sectors in Churchill County had $52.3 million more in exports than imports.57 • In 2007, the value of exports in Dairy Cattle and Milk Production was $45.15 million; in All Other Crop Farming, 39.48 million; and in Cattle Ranching and Farming, $15.35 million. These export levels rank these sectors of agriculture as 5th, 6th, and 12th, respectively, among Churchill County’s 140 economic sectors in value of exports.58

• Churchill County has the only livestock auction yards and meat processing plants in Photo by: Paulie Alles Paulie by: Photo the state of Nevada.59 • In 2008, Lahontan Valley dairies produced 34,539,205 gallons of milk.60 • In 2007, the area produced 142 thousand tons of hay.61 • There are 498 farms in the area with an average size of 300 acres.62 • Irrigated lands reduce the ambient (air) temperature as much as 7° F.63

Sustainable Clean “Green Power” Churchill County currently has two sources of sustainable clean power: hydro-generation Fourth and fifth generation Nevada dairy farmers. and geothermal. The water delivered through the Truckee Canal to Lahontan Dam contributes significantly to sustaining this clean, locally-produced power.

Hydro-generation The Newlands Project’s Lahontan Reservoir supplies the water that operates the three hydro-generation plants during the irrigation season.66 Churchill County earned Geothermal Generation over $4.1 million in • Geothermal power-generating properties comprised four of the ten highest property tax payers in Churchill County as of fiscal year 2007-2008.67 geothermal rents and • The geothermal industry is Churchill County’s fastest-growing economic sector.68 There are currently 7 plants with 14 more applications for new plants pending. royalties during Fiscal • Of geothermal, wind, and solar, geothermal power is the most efficient to Year 2008 - 2009 from produce and market, and is by far the most reliable. It is the most consistent base load power source in being able to produce around the clock every day of the the sales of geothermal year regardless of weather conditions.69 • To gain a better understanding of the interrelationship between the deep leases as well as royalties geothermal aquifer and the upper aquifers, extensive monitoring is being done.70 from geothermal power • The plants will move Nevada towards its Renewable Portfolio Standard (RPS) goal of producing 20% if its energy from renewable resources by the year 2015.71 generated in the county • While the geothermal process re-injects water into the aquifer, there is some water loss due to evaporation or maintenance, depending on the process. This on public lands.64 makes the recharge of the aquifer important if we are to have a sustainable future for geothermal generation.

8 The Truckee Canal D-8 • In August 2008, the Bureau of Land Management (BLM) auctioned 27,410 acres of leased public lands within Churchill County for geothermal development, 72 at a price of $15.5 million. The July 2009 BLM auction of 54,620 acres within Alles Paulie by: Photo Churchill County produced $5.6 million in lease proceeds.73

Historical TIMELINE 1880: Churchill County had 479 residents; by 1900 that had risen to only 830.74 1902: Lahontan Valley had about 200 residents75 on irrigated farms with roughly 20,000 water righted acres irrigated directly from the Carson River, which often dried up by Geothermal power plant: 14 new are pending in addition to the seven plants currently operating. July. As part of the Reclamation Act of 1902, many of these priority water rights, dating between 1863 and 1880, were surrendered to the U.S. Reclamation Service and received back with a later (1902) priority date, but with increased scope that gave the holders access to stored water in the Lahontan Reservoir and Lake Tahoe.76 1903: Construction began on the Truckee Canal, which was finished in 1905.77 The Geothermal produced canal was engineered to carry up to 1,500 cubic feet per (cfs) second from Derby Dam on the Truckee River to the Carson River at the site of the Lahontan Reservoir.78 enough power for 1903 to 1907: Potential farm units on desert land were offered for sale at $22 per water twenty-two thousand righted acre.79 1914: The U.S. Reclamation Service offered farmland west of Fallon for the price of the homes in 2008.65 water rights. The water supply is “permanent and assured”.81 1917: The Truckee-Carson Irrigation District was formed by state statute and signed

into law by Governor Boyle on March 22.83 1926: The Truckee-Carson Irrigation District (TCID) took control of the Newlands Museum Co. Churchill of: Courtesy Project via contract with the U.S. Bureau of Reclamation. This included a repayment contract to reimburse the BOR for the construction costs. These costs were repaid.84 1943: Donner Lake water and dam were purchased by Sierra Pacific Power Company (SPPC) and TCID as tenants-in-common which provided for an undivided interest in the water and storage of Donner Lake. The parties at the same time entered into an operating agreement as to how the Donner water is to be used.85 Construction of the Truckee Canal. 1944: The U.S. v. Orr Water Ditch Company, et. al. decree determined that the Project and TCID had the right to divert up to 1500 cfs from the Truckee River for irrigation and for storage in Lahontan Reservoir up to 290,000 acre feet, as well as the 86 right to storage in Lake Tahoe. 1944 Decree 1997: The BOR recognized that the costs of the canal and dam construction were repaid in a letter dated May 13, 1997.87 recognizes the right 2008: In an ongoing process of upgrading water conservation practices, TCID has to divert 1500 cfs measuring devices for 68.4 % of the water delivered. This is 91% of the year 2012 objective and is well ahead of schedule.88 water flow through the

Water rights as real property Truckee Canal.82 Court decisions and decrees have stated that water rights in the West and within the Newlands Project are to be treated as property rights.90 “When a right to use water has become fixed either by actual diversion and application Prior appropriation (also known as “first in time, first in right”): allows for the orderly use of the state’s water to beneficial use or by appropriation as authorized by state water law, it is a right which is resources by granting priority to senior water rights. This regarded and protected as real property”.91 concept ensures the senior uses are protected, even as new uses for water are allocated.80

Water for a Sustainable Future 9 D-9 recommended Solutions Photo by: Jennifer Manha Community Residents and Organizations Can Be a Part of the Solution The Truckee Canal and the local communities can exist in harmony to sustain water for the future. The communities can come together and work to facilitate the repair of the Truckee Canal and maintain its viability. Individuals and organizations can: • Become informed regarding Truckee Canal issues and help your neighbors understand the importance of repairing the canal and returning the flows. • Contact elected officials and Bureau of Reclamation(See back page.) explaining the importance of the canal and asking for their assistance in the safe, efficient and timely repair of the Truckee Canal. Waterfowl not long hatched swimming in the wetlands. • Send support and request-for-action letters, emails and phone calls to the elected officials and entities. (See back page.) • Help by distributing this document to those you know. Please contact Lahontan Valley Environmental Alliance for additional copies. • Make donations to the LVEA Truckee Canal White Paper Working Group, P.O. Box 390, Fallon, Nevada 89407, so information regarding the repair of the Truckee Canal can be printed and distributed. Water rights are • Any help you can give to encourage the repair of the Truckee Canal will be greatly appreciated by communities of the Newlands Project. regarded and Elected Officials Can Be Part of the Solution protected as though Elected officials and other entities can help facilitate the repair of the Truckee Canal so the they are real welfare of the communities in the Newlands Project does not remain in jeopardy by: • Encouraging Congress to provide financial assistance for the repair of the Truckee property.89 Canal. • Encouraging the management of governmental or environmental studies in a manner that will not delay the repair of the Truckee Canal. • Encouraging the entities involved to begin repairs to the Truckee Canal immediately.

Government Agencies Can Be Part of the Solution All repairs to the Truckee Canal must be state-of-the-art to ensure safety to Fernley and adequate flow in the canal. Commission a reliable engineering company to investigate solutions that will benefit all parties. They should consider but not be limited to: • “Concrete lining” in the canal where needed. Photo by: Bonnie York • Various types of rodent protection, where appropriate. • Additional automated cross structures in the canal within the Fernley reach that can isolate any future events. • Electrical float monitors that would alert the necessary people when an event starts. These monitors could be capable of immediately controlling the flow as they sound the alarm. • Additional flood control structures in the Fernley reach that would include soft plugs with electrically-controlled gates that would direct the water into safety channels in the case of an event. • Precipitation gauges that could detect unforeseen weather events and would be Haying Sudan grass. capable of restricting the flow in the canal. • Have solutions reviewed by a disinterested, knowledgeable third party in order to avoid any actual or perceived conflict of interest.

10 The Truckee Canal D-10 Repair the Truckee Canal:

• to protect the people of Fernley from flooding. Fallon NAS of courtesy Photo • to maintain the recharge of aquifers and protect both water quality and quantity of domestic wells. • to protect the farms in the Newlands Project that need that water to survive. • to ensure the area’s stable economy. • to move our county, our state, and our country towards green energy and away from dependence on foreign oil. • to continue to provide NASF with the best possible environment in which to train our military people. Naval Outlease Program to reduce bird strikes. • to protect migratory birds.

Summary • The Truckee Canal provides an average of 26% of the water in the Newlands Project.92 • Economically, the agriculture, military, local business and power generation activities within the Newlands Project are a very positive contributor to the economic health of the state and nation. • The Newlands Project is home to the very strategic training base, NASF. • The wetlands are of international importance. For a sustainable • Water that seeps from the irrigation ditch system and/or irrigation water not utilized by the plants goes into the aquifers. This water provides the main source of future we need to the water available in local wells and also maintains the quality of the well water. maintain the • The water flow through the Truckee Canal into the Lahontan Reservoir has been reduced significantly.93 current level of • In the Lahontan Valley all aquifers are interconnected. (See diagram page 12) • The people who live within the Newlands Project depend on the incoming water water rights within from the Truckee Canal to recharge the aquifers to provide Municipal and Industrial water along with all domestic wells and quasi-municipal wells within the region. the Newlands Project. • Churchill County is an exporter of economically sound, green power with its consistent base load. Further, there is the potential for a great deal more. ◊ Churchill County is one of the top producers of geothermal power in the nation. There are currently 7 plants with 14 more applications for plants in addition to new leases just sold by BOR. ◊ Even though the geothermal process pumps very old and deep water and re-

injects the water somewhere near where it originated, there is some water loss. Photo by: Sonya Johnson Sonya by: Photo ◊ Although there is a great deal to be learned, to maintain a sustainable future in clean power, it seems reasonable to do what we can to protect the ability to produce it. • The Newlands Project and the total amount of water entering the Project, including the Truckee Canal, are important not only to every person who lives or works in the Newlands Project area but also to the state and nation as a whole. • The water carried through the Truckee Canal directly and indirectly supports $330 million of Churchill County’s economic activity.94

As in any desert community, all activities are predicated upon water. For a Selecting a Lahontan Valley melon. sustainable future the current water rights owned within the Newlands Project need to be maintained and the delivery of water, as provided by law, insured. To insure this, the repair of the Truckee Canal is critical.

Water for a Sustainable Future 11 D-11 ? ? ET from playa flow flow Geothermal ET from wetlands ET from wetlands aquifer aquifer Carson Sink ? ? ? ? Near surface Near surface Inflow from other basins to drains to drains ? ? ? ? ? ? Ground-water discharge Ground-water discharge sand dunes Recharge in fields fields

Irrigated Irrigated

Carson River River Carson Carson water ground ET from ? ? ? 95 ET from irrigated land ET from phreatophytes ET from phreatophytes Basalt Basalt discharge discharge Pumpage Pumpage ? ? Hill Hill Basalt Basalt recharge recharge Rattlesnake table table Fallon Recharge to Recharge to shallow water shallow water Basalt aquifer Hot Springs Mountains Hot Springs Mountains Recharge from Recharge from mountain blocks mountain blocks ? Seepage from Seepage from irrigated fields irrigated fields ? ? ? ? Courtesy of United States Geological States Survey of United Courtesy canals canals Seepage from Seepage from 50 Irrigated fields Irrigated fields zone zone Recharge from Volcanic Volcanic Recharge from mountain blocks mountain blocks Sedimentary zone Sedimentary zone Not to scale Conceptualized ground-water flow paths and sources of inflow to and outflow from aquifers in Carson Desert. ET, evapotranspiration. Boundaries dashedbetween are aquifers ET, evapotranspiration. Carson Desert. in from aquifers to and outflow of inflow paths and sources flow ground-water Conceptualized Seepage from Truckee Canal inflow Surface water Deep aquifer aquifer Shallow Shallow aquifer Mesozoic Mesozoic basement basement Figure 26. 26. Figure water, of nonpotable extent possible indicates pattern line Vertical queriedpaths are uncertain. flow where depicting ground-water uncertain; arrows where Water States SurveyUnitedGeological Nevada, Series: County, Churchill area, Carson Desert agricultural use, water effects H., Hydrogeology and potential changes Alan of in Douglas K.; Ann K.; Johnson, Welch, Maurer, Reference: 2436, 1996, p 78. Report Number Paper, Supply aquifer

12 The Truckee Canal Intermediate D-12 Endnotes 1 U.S. District Court Lloyd George. 03:08-cv-00246-LDG-RAM, 03:08-cv-00621-LDG-RAM. 03:08-cv-00825-LDG-RAM, Interim Temporary restraining Order entered May 28, 2008, U.S. District Court, Reno, Nevada.

2 U.S. Bureau of Reclamation press release, “Reclamation Increasing Flows in the Truckee Canal to 350 Cubic Feet per Museum Co. Churchill of courtesy Photo Second,” released on May 16, 2008. 3 Assembly Concurrent Resolution No. 32, 75th Regular Session, 2009, Assemblymen Buckley, Aizlet, Anderson, Arburry, Atkinson, Bobzien, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero, Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihurn, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McCarthur, McClain, Mortensen, Mumford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settlemeyer, Smith, Spiegel, Stewart, and Woodbury. 4 P.L 101-618, Sec. 209. (a) (1) (A)(B)(C)(D)(E). 5 State of Nevada, Division of Water Resources, Well Log Database. 6 State of Nevada, Division of State Parks, “Summary of Visitation Calendar Year January 2000 through December 2009”. 7 Harris, Thomas R. Harris and Ashley Kerna, An Economic Description of the Agricultural Sectors in Churchill County, Technical Report UCED 2009/10-01, (University of Nevada, Reno: University Center for Economic Development, Department of Resource Economics, June 2009.), p 10-11.and Ed Rybold, CIV NAVFAC SW, PW Fallon, email May 9, 2009, 7:41 A.M. Opening of Derby Dam. 8 Truckee-Carson Irrigation District, letter dated April 1, 2009. 9 P.L. 101-618, Sec. 206 (a)(A). 10 Truckee-Carson Irrigation District, letter dated April 1, 2009. 11 Maurer, Douglas K.; Johnson, Ann K.; Welch, Alan H., Hydrogeology and potential effects of changes in water use, Carson Desert agricultural area, Churchill County, Nevada, United States Geological Survey Series: Water Supply Paper, Report Number 2436, 1996, p 4, and Epstein, Brian, Gregg Pohll, Daniel Bansah, Anna Makowski, Regional Groundwater Model Development for the Fernley/Wadsworth Hydrographic Basins, Nevada, Department Health Services Publication No. 41229, Prepared by Desert Research Institute, Nevada System of Higher Learning, Prepared for U.S. Bureau of Reclamation, February 2007. 12 David Overvold, Project Manager, TCID. Interview TCID office April 1, 2009. 13 Maurer, Douglas K.; Johnson, Ann K.; Welch, Alan H., Hydrogeology and potential effects of changes in water use, Carson Desert agricultural area, Churchill County, Nevada, United States Geological Survey Series: Water Supply Paper, Report Number 2436, 1996, p. 73. 14 Maurer, Douglas K.; Johnson, Ann K.; Welch, Alan H., Hydrogeology and potential effects of changes in water use, Carson Desert agricultural area, Churchill County, Nevada, United States Geological Survey Series: Water Supply Paper, Report Number 2436, 1996, p. 2. 15 Nevada State Demographer 2008. 16 Fernley Chamber of Commerce website: www.fernleychamber.org. 17 Greg Evangelatos, City Manager, Fernley. Interview April 2009. 18 State of Nevada, Division of Water Resources, June 26, 2009. 19 http://www.western-water.com/Acre-Foot_formula.htm 20 “Why Fernley Needs the Truckee Canal. http://www.cityoffernley.org/index.asp?NID=342. 21 ibid. 22 Epstein, Brian, Gregg Pohll, Daniel Bansah, Anna Makowski, Regional Groundwater Model Development for the Fernley/Wadsworth Hydrographic Basins, Nevada, Department Health Services Publication No. 41229, Prepared by Desert Research Institute, Nevada System of Higher Learning, Prepared for U.S. Bureau of Reclamation, February 2007. 23 United States Geological Survey, Water-Supply Paper 2425, “National Water Summary on Wetland Resources,” p. 269. 24 Vogel, Ed, “Fernley Disaster: Flooding dissolves dreams,” Las Vegas Review-Journal, January 20, 2008, retrieved July 2, 2009. 25 Harris, Thomas R., and Ashley Kerna, An Economic Description of the Agricultural Sectors in Churchill County, Technical Report UCED 2009/10-01, (University of Nevada, Reno: University Center for Economic Development, Department of Resource Economics, June 2009.), p 10-11and Ed Rybold, CIV NAVFAC SW, PW Fallon, email May 9, 2009, 7:41 A.M. 26 Harris, Thomas R., and Ashley Kerna, An Economic Description of the Agricultural Sectors in Churchill County, Technical Report UCED 2009/10-01, (University of Nevada, Reno: University Center for Economic Development, Department of Resource Economics, June 2009.), p. 19-20. 27 Nevada State Demographer 2008. 28 Churchill County, “Developing a Balanced Sustainable Economy Based on Renewable Natural Resources: Churchill County Performance Report 2008-2009,” p. 5. 29 State of Nevada, Division of Water Resources, Water Rights Database. 30 State of Nevada, Division of Water Resources, Well Log Database. 31 State of Nevada, Division of State Parks, “Summary of Visitation Calendar Year January 2000 through December 2009”. 32 Western Nevada College, Fall 2009 Schedule, p. 1. 33 Nevada State Demographer 2008. 34 www.epa.gov/OGWDW/arsenic/casestudies/nv_fallon.html 35 Truckee-Carson Irrigation District, interview with Diane Baley, July 2009. 36 United States Geological Survey, Water-Supply Paper 2425, “National Water Summary on Wetland Resources,” p. 267. 37 Fallon Paiute-Shoshone Tribe, http://blog.fpst.org/?cat=7. 38 http://www.fpst.org/aboutus/index.php 39 Maurer, Douglas K., Fact Sheet 048-02, (U.S. Geological Survey: June 2002), p. 1. 40 Ed Rybold, CIV NAVFAC SW, PW Fallon, email May 9, 2009, 7:41 A.M. 41 ibid. 42 ibid. 43 Klope. Matthew, Department of the Navy Bird/Animal Strike Hazard (BASH) Program, PowerPoint, May 6, 2009. 44 www.pacificflyway.gov/Documents/Pacific_map.pdf. 45 www.manomet.org 46 Public Law 101-618, and Final Environmental Impact Statement, “Water Rights Acquisition for Lahontan Valley Wetlands” Churchill County, Nevada, U.S. Department of the Interior, Fish and Wildlife Service Region 1, Portland, Oregon, September 1996. Water for a Sustainable Future 13 D-13 47 http://www.fws.gov/stillwater/stillwater.html 48 www.manomet.org 49 Public Law 101-618; Sec. 206.

Photo by: Sonya Johnson 50 http://www.fws.gov/stillwater/stillwater.html 51 http://www.fws.gov/stillwater/stillwater.html 52 http://www.fws.gov/stillwater/stillwater.html 53 Nevada State Dairy Commission. 54 Norm Saake, retired waterfowl biologist, Nevada Department of Wildlife (35 years); wetlands consultant, email 7/28/2009. 55 Tony Lesperance, Director, Nevada Department of Agriculture, email 6/23/2099. 56 Harris, Thomas R. and Ashley Kerna, An Economic Description of the Agricultural Sectors in Churchill County, Technical Report UCED 2009/10-01, (University of Nevada, Reno: University Center for Economic Development, Department of Resource Economics, June 2009.), p. 17. 57 Harris, Thomas R. and Ashley Kerna, An Economic Description of the Agricultural Sectors in Churchill County, Technical Report UCED 2009/10-01, (University of Nevada, Reno: University Center for Economic Development, Department of Resource Economics, June 2009.), p. 2. 58 Harris, Thomas R. and Ashley Kerna, An Economic Description of the Agricultural Sectors in Churchill County, Beef cattle. Technical Report UCED 2009/10-01, (University of Nevada, Reno: University Center for Economic Development, Department of Resource Economics, June 2009.), p. 1. 59 USDA Inspected (Custom-exempt processing); not a USDA Full Service plant. 60 Michael Hutiens, University of Illinois extension dairy specialist, “U.S. Dairy Consumption,” University of Illinois, Urbana, June 8, 2005. 61 Nevada Agricultural Statistics 2008, p. 22. 62 ibid, p. 8. 63 McPherson, E. Gregory, James R. Simpson, and Margaret Livingston, Effects of Three Landscape Treatments on Residential Energy and Water Use in Tucson, Arizona, “Energy and Buildings” 13(1989), 127-138. 64 Churchill County Comprehensive Annual Financial Report for year ended June 30, 2009. 65 http://minerals.state.nv.us/ogg_nvgeorespro.htm#ngr 66 David Overvold, Project Manager, TCID Office interview April 1, 2009. 67 Churchill County Tax Assessor’s Office. “Churchill County, Nevada Principal Property Tax Payers”. 68 Brad Goetsch, Churchill County Manager, interview April 2009. 69 Stephanie Tavares, “Full Steam Ahead,” Las Vegas Sun, April 17, 2009. 70 Daren Daters, Enel Stillwater, LLC, “Groundwater Monitoring Plan Associated With Churchill County SUP,” recorded by the Churchill County Recorder November 5, 2008. 71 NRS 704.7821 Establishment of portfolio standard; requirements; treatment of certain solar energy systems; portfolio energy credits; renewable energy contracts and energy efficiency contracts; exemptions; regulations. 72 http://www.blm.gov/pgdata/etc/medialib/blm/nv/minerals/geothermal.Par.75484.File.dat/200808_Geo_Sale_ Results.pdf; http://www.blm.gov/pgdata/etc/medialib/blm/nv/minerals/geothermal.Par.31038.File.dat/090714_ Geo_Sale_Notice.pdf 73 Bureau of Land Management, Nevada State Office, Geothermal Sale Results July 14, 2009 74 Hulse, James W., The Silver State: Nevada’s History Reinterpreted, (Reno: University of Nevada Press, 2004), p. 227. 75 Townley, John M., Turn This Water Into Gold: The Story of the Newlands Project. (Michigan: Braun-Brumfield, 1998), p. 11. 76 Churchill County Records, Miscellaneous, Book 9, page 291 - 292, Josiah J. Cushman and Elizabeth Cushman and the United States and its assignee. 77 Townley, John M., Turn This Water Into Gold: The Story of the Newlands Project, (Michigan: Braun-Brumfield, 1998), p. 24-26. 78 Townley, John M., Turn This Water Into Gold: The Story of the Newlands Project, (Michigan: Braun-Brumfield, 1998), p. 24. 79 Ibid., p. 28. 80 Division of Water Resources, “Nevada Water Law An overview” Tracy Taylor, P.E., State Engineer, http://water.nv.gov/. 81 Reproduction of poster; Townley, John M., Turn This Water Into Gold: The Story of the Newlands Project, (Michigan: Braun-Brumfield, 1998), p. 24. 82 United States of America v. Orr Water ditch Company, et al., 391 F.3d 1077, p. 10, (“1944 Orr Ditch Decree”). 83 Townley, John M., Turn This Water Into Gold: The Story of the Newlands Project, (Michigan: Braun-Brumfield, 1998), p. 46-47. 84 Townley, John M., Turn This Water Into Gold: The Story of the Newlands Reclamation Project, (Michigan: Braun- Brumfield, 1998), p. 48 and Truckee-Carson Irrigation Project. 85 Deed from the Donner Lake Company to SPPC and TCID as tenants-in-common, May 5, 1943 and Operating Agreement between SPPC and TCID May 5, 1943. 86 United States of America v. Orr Water Ditch Company, et al., 391 F.3d 1077, p. 10, 89. 87 Letter from United States Department of the Interior, Bureau of Reclamation to Lyman F. McConnell, Project Manager, Truckee-Carson Irrigation District, dated May 15, 1997. 88 Dave Overvold, TCID Project manager, interview September 30, 2009. 89 Davenport, James H., Nevada Water Law, (Las Vegas, Nevada: Colorado River Commission of Nevada, 2003), p. 41, citing Adams-McGill Co. v. Hendrix, 22 F. Supp. 789, 791 (D Nev. 1938). 90 NEVADA v. UNITED STATES, 463 U.S. 110 (1983) 463 U.S. 110 NEVADA .v. U.S.ET AL.CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CURCUIT and Davenport, James H. Nevada Water Law, (Las Vegas, Nevada: Colorado River Commission of Nevada, 2003), p. 41, citing Adams-McGill Co. v. Hendrix, 22 F. Supp. 789, 791 (D Nev. 1938). 91 Davenport, James H., Nevada Water Law, (Las Vegas, Nevada: Colorado River Commission of Nevada, 2003), p. 41, citing Adams-McGill Co. v. Hendrix, 22 F. Supp. 789, 791 (D Nev. 1938). 92 United State Geological Survey Water Data charted by Truckee Carson Irrigation District. 93 U.S. District Court Lloyd George. 03:08-cv-00246-LDG-RAM, 03:08-cv-00621-LDG-RAM. 03:08-cv-00825-LDG-RAM, Interim Temporary restraining Order entered May 28, 2008, U.S. District Court, Reno, Nevada. 94 Harris, Thomas R., and Ashley Kerna, An Economic Description of the Agricultural Sectors in Churchill County, Technical Report UCED 2009/10-01, (University of Nevada, Reno: University Center for Economic Development, Department of Resource Economics, June 2009.), p. 10-11and Ed Rybold, CIV NAVFAC SW, PW Fallon, email May 9, 2009, 7:41 A.M. 95 United State Geological Survey Water Data charted by Truckee Carson Irrigation District. 14 The Truckee Canal D-14 How the water flows: The benefits of the Truckee Canal

Carson Truckee River Canal

Fernley Hazen Fernley Lahontan Irrigation Wetlands recharge recharge Reservoir

Agriculture Surface Water

Recreation Aquifer recharge

Churchill Paiute NAS Power Fallon County Shoshone Fallon Wetlands Generation Tribe

Although historically, more water in Lahontan Reservoir came from the Truckee Canal, as other needs have been recognized and increased efficiencies have been met, flows have been reduced to provide an average of approximately 26% of the water to the Newlands Project since 1992.95

Water for a Sustainable Future 15 D-15 ELECTED OFFICIALS AND BUREAU OF RECLAMATION CONTACTS Senator Harry Reid Donald R. Glaser Governor Jim Gibbons Mayor LeRoy Goodman 522 Hart Senate Office Bldg Bureau of Reclamation State Capitol 595 Silver Lace Blvd. Washington, D.C. 20510 Regional Director 101 N. Carson Street Fernley, NV 89408 202-224-3542 Mid Pacific Regional Office Carson City, NV 89701 775-784-9800 Toll Free for Nevadans: Federal Office Building 775-684-5670 1 866-SEN-REID (736-7343) 2800 Cottage Way Phyllis Hunewell Sacramento, CA 95825-1898 Gwen Washburn Chairman Senator John Ensign 916-978-5005 Chairman Lyon County Board of 119 Russell Senate Bldg Churchill County Board of Commissioners Washington DC, 20510 Kenneth Parr Commissioners 27 So. Main Street 877-894-7711 or Bureau of Reclamation Area 155 N. Taylor Street, Ste 110 Yerington, NV 89447 202-224-6244 Manager Fallon, Nevada 89406 775-463-6531 Lahontan Basin Area Office 775-423-4092 Congressman Dean Heller 705 North Plaza Street 400 S. Virginia St., Suite 502 Carson City, NV 89701-4015 Mayor Ken Tedford Reno, NV 89501 775 -882-3436 55 W. Williams Street 775-686-5760 Fallon, Nevada 89406 202-225-6155 775-423-5104

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