Central Nevada Regional Water Authority s1

Central Nevada Regional Water Authority

Churchill County Esmeralda County Lander County Pershing County Elko County Eureka County Nye County White Pine County

Meeting Minutes

The Central Nevada Regional Water Authority (CNRWA) Board of Directors held a public meeting, 10:00 a.m., on December 14, 2007 at the Churchill County Administration Complex, Fallon, Nevada. In attendance were:

Directors: Churchill County: Commissioner Norman Frey and Brad Goetsch Elko County: Commissioner Warren Russell and Commissioner Sheri Eklund-Brown Esmeralda County: Commissioner Nancy Boland, John Maurer and Ed Mueller Eureka County: Commissioner Jim Ithurralde and Marty Plaskett Lander County: Gene Etcheverry Nye County: Commissioner Joni Eastley, Commissioner Midge Carver and Lorinda Wichman

Others: Steve Bradhurst, CNRWA Executive Director Bjorn P. Selinder, Public Policy Innovations Cindy Kaminski, Tonopah Town Board Chairman Chris Mahannah, Mahannah & Assoc. Bruno Bowles, Southern Nevada Water Authority Kelvin Hickenbottom, Deputy State Engineer, Nevada Division of Water Resources Paul Williams, Division of State Lands Penny Woods, Project Manager, BLM Nevada Groundwater Projects Frank A. D’Agnese, President, Earth Knowledge, Inc. Wilma Mansfield Pam Moore, Secretary to Churchill County Board of Commissioners

Call to Order. Chairman Eastley called the meeting to order at 10:00 a.m. A quorum of the Board was determined to be present.

Approval of Agenda. Commissioner Frey made a motion to approve the December 14, 2007 agenda and seconded by Commissioner Boland. The motion carried unanimously.

Approval of Minutes. The minutes of the October 2, 2007 meeting were reviewed and a motion was made by Commissioner Boland and seconded by Commissioner Ithurralde to approve the minutes as written. The motion carried unanimously.

DRAFT Page 1 of 6 Presentation by Penny Woods, Project Manager, Nevada Groundwater Project, U.S. Bureau of Land Management. Penny Woods presented a status report of the EIS for the Clark, Lincoln and White Pine Counties Groundwater Development Project (Project). She indicated that the Project started in 2004, and it has evolved over the last three years. It was modified in 2006 and 2007 by the Project proponent – Southern Nevada Water Authority (SNWA). The Lincoln County Conservation, Recreation and Development Act was approved by Congress in November 2004, and part of the Act calls for a Basin and Range Carbonate Aquifer System Study (BARCASS), and the BARCASS should be completed this month. The cooperating agencies for the EIS have been asked to review information that will go into the EIS, participate in meetings, discuss issues and assist with data collection. A conceptual water model for the potential Project impact area is being developed, and it will be completed by April 2008. The EIS cooperating agencies should be able to review the administrative draft EIS in July. The draft EIS will be available for public review November 2008. The EIS will present alternatives and make a decision on the Project right-of-way in late 2009. BLM and the U.S. Fish and Wildlife Service protested the SNWA water rights applications in Delamar, Dry Lake and Cave Valleys, and the State Engineer has scheduled hearings on those applications in February. The next cooperating agency meeting will be held the second week in March in Ely (Tuesday thru Thursday). Mr. Bradhurst suggested scheduling the next Authority meeting after the cooperating agency meeting in March.

Agreement between the Central Nevada Regional Water Authority and Wilma Mansfield. The board considered an agreement between the Central Nevada Regional Water Authority and Wilma Mansfield for executive assistant services. Mr. Bradhurst stated it is his recommendation that CNRWA have an agreement with Ms. Mansfield. A motion was made by Lorinda Wichman to approve the contract and Commissioner Eklund-Brown seconded the motion. The motion carried unanimously.

Kelvin Hickenbottom, Deputy State Engineer, Nevada Division of Water Resources. Mr. Hickenbottom gave a presentation on the contents and implementation of Senate Bill 275, a bill enacted into law by the 2007 Nevada Legislature that makes various changes relating to underground water. He stated the biggest issue with regard to SB275 is the implementation of a water dedication program for parcel maps in certain water basins. The State Engineer sent a letter to all 17 counties asking the counties if they have a water relinquishment program for parcel maps, if they did, what were the requirements, and what basins have the relinquishments requirement. This gives the State Engineer an idea as to where the state might have to implement a water relinquishment program for parcel maps. In the past, the State Engineer’s Office only had the ability to recommend to the counties what basins they think the counties should have a water relinquishment or dedication requirement for parcel maps . Some counties followed the State Engineer’s recommendation; some didn’t. The State Engineer would like the counties to implement their own water relinquishment requirement for parcel maps rather than forcing something on them. The new law requires a relinquishment of water rights for parcel maps in a designated basin. Mr. Goetsch recommended that a dedication plan consider actual meter use, peak pumping requirements, drought reserves and minimum requirements. Commissioner Frey commented on Churchill County’s water right dedication ordinance. Mr. Hickenbottom stated the law takes effect January 1, 2008.

Resolution 07-02.

DRAFT Page 2 of 6 Recommendation to approve CNRWA Resolution 07-02, a resolution recommending member counties of the Central Nevada Regional Water Authority approve Pershing County as a member county, effective January 1, 2008; and approve Churchill County as a member county retroactive to September 8, 2006. A motion was made by Mr. Mueller to adopt Resolution 07-02 and seconded by Ms. Wichman. The motion carried unanimously. Mr. Bradhurst stated he sent a draft resolution to each member county to put on their respective Commissioners meeting agenda for action.

Frank A. D’Agnese, President, Earth Knowledge, Inc. Mr. Bradhurst reported the CNRWA website development project began August 2007, and it is an important component of CNRWA’s program to communicate with the public. He added that there is a CNRWA technical committee working with Earth Knowledge, Inc. on the project.

A status report on the Central Nevada Regional Water Authority website/web services development contract was presented by Mr. D’Agnese. Mr. D’Agnese stated the Authority website has the following objectives: 1) help distribute documents and supporting material to board members and the public, 2) develop and post water resources content that’s pertinent to the central hydrographic region, 3) develop a secure internet workspace to support interactions among different workgroups within the organization, 4) host these work products, and 5) maintain and provide content updates. The contract includes developing the site over the first six months of the contract period and maintaining it for the next 18 months. Website templates include information pages; news posts; public organizational posts; and secure organizational posts. There are three design options: basic, standard and advanced. There can also be links to specific member counties. The next step is to select the design, provide updated mockups of types of content, and build the site staging area. Final completion is set for March 2008. The Executive Director will be the main point of contact on the website development project.

At this time the board took a break for lunch at 11:47 a.m.

The meeting reconvened at 12:00 p.m.

Board Member/Executive Director Comments. Mr. Bradhurst reviewed CNRWA images that can be used with CNRWA documents and the CNRWA website. He requested members to provide input on the images. He reported meeting with the White Pine County Water Advisory Board in October and attending the Rural Nevada Planning Conference. He has been asked to participate in a session of the American Planning Association’s Annual Conference May 1st in Las Vegas. The session relates to item #7 on this agenda. He met also with NDEP staff to discuss the Authority’s SB62 grant. He asked if board members would like to appear with him at the March 20th State Water Finance Board meeting where the Authority will provide a status report on its SB 62 program.

Mineral County’s membership was discussed. Commissioner Eastley suggested Commissioner Boland and Mr. Mueller meet with Mineral County officials and discuss with them how Mineral County might use existing funding to pay for Authority membership. Mr. Bradhurst indicated that CNRWA representatives could attend a future meeting of the Mineral County Board of Commissioners and give a presentation on the Authority. This matter will be placed on a future agenda for discussion.

Commissioner Russell mentioned a number of counties may want to be associated with the Authority, and he felt that association should be encouraged. He said the value of having many members is important, particularly when appearing before entities like the Nevada legislature. He stated the

DRAFT Page 3 of 6 Authority should do what is necessary to help counties secure the funding needed to be an Authority member.

Commissioner Frey entertained the thought of possibly having associate members (other counties that support the work of CNRWA). This could possibly be the position Mineral, Douglas and Humboldt may want to take. Mr. Bradhurst was requested to draft associate membership or alternative membership types for the next meeting. It was noted that CNRWA is an affiliate member of the Nevada Association of Counties.

A letter regarding changes to Nevada water law was presented by Commissioner Frey. He stated that there are additional requirements for obtaining extensions on proof of beneficial use on well permits, adding this is important to people responsible for community water systems or commercial wells and quasi municipal wells.

Commissioner Eastley commented on county lands bills, referring to the Lyon County lands bill and its provision to provide for permanent rights-of-way for utility corridors, specifically those that are designed to purvey water outside of the county. She’s concerned and suggested that CNRWA keep an eye on county lands bills. Commissioner Eastley said as the bills are being drafted, CNRWA should review the language that affects water resources and Nevada water law.

Mr. Goetsch informed the Board about geothermal issues in Nevada. He indicated the State is advertising internationally that Nevada is for geothermal development and that it is a tax-friendly place. The State is promoting a 5½% sales tax abatement. The state has 7½% in potentially rebate sales tax, but the state plans to reserve it’s portion of the sales tax – 2%. The remaining 5½% they’re offering is local government money – not a penny of state money. He stated Churchill County recently passed an ordinance supporting geothermal development, and offering a rebate on half of its sales tax for the purpose of encouraging geothermal development in Churchill County. He suggested each individual county address this issue.

Commissioner Eastley reported meeting with the Governor’s director of renewable energy. She discussed Nye County’s position of having its public lands between Beatty, Lathrop Wells and Tonopah blanketed with leases for renewable energy projects. She stated Nye County might be interested in forming a coalition of counties to work on renewable energy issues. If anyone is interested in participating, contact Joni. The Governor’s Office may be interested in hosting the first meeting.

At the last Authority meeting the State Engineer’s Office and USGS made a presentation on the Central Nevada Regional Water Authority, USGS and the State Engineer’s Office project to collect water-level data for wells in the Central Hydrographic Region. Mr. Bradhurst asked the USGS to summarize project information on one page so the information can be used as a handout for future presentations. Mr. Bradhurst provided a copy of the one page document. He suggested member counties have their employees collect water-level data for specific wells on a yearly basis in order to enhance the water- level data base. Mr. Bradhurst stated he would develop a follow-up effort on this program and will present it to the Board at the next meeting.

DRAFT Page 4 of 6 Resolution 07-01. A resolution recommending every water basin in a member county have a land use plan, and the land use plans for a member county and any city in a member county be based on the sustainable water resources within the member county. Mr. Bradhurst reviewed the resolution. He said land use plans cannot become a reality without the requisite water resources. He said this resolution brings attention to the issue; that is, land use plans for a county and any city in a county should have land use plans that are in concert with the sustainable water resources within the county. A motion was made by Commissioner Russell to adopt Resolution 07-01 and seconded by Commissioner Ithurralde. The motion carried unanimously. Mr. Bradhurst said he would be happy to attend a meeting of a member county commission to discuss the resolution. The resolution will also be posted on the Authority website when it goes on line.

Central Nevada Regional Water Authority presentation at the January 25, 2008 meeting of the Nevada Legislative Committee on Public Lands. Mr. Bradhurst presented the 2007-2008 work plan for the Legislative Committee on Public Lands. Mr. Bradhurst recommended the Authority’s presentation at the next Committee meeting (January 25) focus on providing information on the Authority, including discussing the need for the Committee to determine if enough is being done to determine Nevada’s water supply. Commissioners Joni Eastley, Eklund-Brown and Boland volunteered to attend the meeting. Mr. Bradhurst stated he would draft a presentation for review prior to the meeting.

Financial Report and Quarterly Expenditures. The Directors reviewed the financial reports, work report and expenditures presented by Mr. Bradhurst. He thanked Elko County Comptroller Debbie Armuth for helping the Authority with its financial matters. The budget balance is $41,363.97 and will be increased by a minimum of $22,000 in the near future with SB62 funds. SB62 grant information was presented. Mr. Bradhurst expects the $150,000 grant will be expended by this time next year. Commissioner Eastley indicated that Mr. Bradhurst worked more hours than the hours that are the basis of his invoice. Discussion was held on Mr. Bradhurst’s yearly contract totaling $26,000. Mr. Bradhurst stated he would continue to discount his billing. It was recommended that Mr. Bradhurst’s contract compensation be addressed at the March meeting. Mr. Goetsch made a motion to accept the budget as submitted and to pay Mr. Bradhurst’s invoice. Motion was seconded by Commissioner Russell. The motion carried unanimously.

Public Comments. Bjorn Selinder, with Public Policy Innovations reported attending a recent meeting of the Legislative Committee on Public Lands. He indicated the CNRWA may be interested in a document from that meeting on the activities of Nevada Colorado River Commission. He stated a water-sharing agreement was ratified yesterday by the seven states that are a party to the allocation of Colorado River water. The agreement pertains to the allocation of Colorado River water during an extended drought period; hence, when there is a shortage of Colorado River water. Mr. Selinder said a Southern Nevada Water Authority water intake pipe in Lake Mead is in danger of being high and dry in the near future. The problem is the drought. SNWA’s predecessor agency did not use Colorado River water in the 1940’s. Today, 90 percent of the amount of water used by SNWA is Colorado River water. SNWA is looking for other water resources.

Emergency Items.

DRAFT Page 5 of 6 There being none, this item was removed from the agenda.

Next Meeting. The next meeting will be held on Friday, March 21, 2008 in Pershing County.

Commissioner Eklund-Brown commented on email from the Great Basin Water Network. She will provide the Network’s email information to Mr. Bradhurst to disburse to members.

Adjourn. A motion was made by Commissioner Russell to adjourn. The motion was seconded by Mr. Goetsch and carried unanimously. The meeting adjourned at 1:25 p.m.

Respectfully submitted: Wilma Mansfield, Secretary

Approved this ______day of ______, 2008.

Joni Eastley, Chairman

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