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1 Agenda Central Nevada Regional Water Authority AGENDA CENTRAL NEVADA REGIONAL WATER AUTHORITY Nugget Casino Resort (Cascade 1) 1100 Nugget Avenue Sparks, NV September 25, 2019 10:00 a.m. Notes: 1. Items on this agenda on which action may be taken are followed by the term "Possible Action." 2. Items on this agenda may be taken out of order, combined with other agenda items for consideration, removed from the agenda, or delayed for discussion at any time. 3. Reasonable efforts will be made to assist and accommodate physically handicapped persons attending the meeting. Please call 775.443.7667 in advance so arrangements can be made. This agenda was transmitted by email September 18, 2019 for posting by the Churchill County Clerk (775.423.6028), Elko County Clerk (775.753.4600), Esmeralda County Clerk (775.485.6309), Eureka County Clerk (775.237.5262), Lander County Clerk (775.635.5738), Nye County Clerk (775.482.8127), Pershing County Clerk (775.273.2208) and the White Pine County Clerk (775.293.6509). ITEM 1. CALL TO ORDER – Chairman’s welcome, roll call, determination of quorum, pledge of allegiance and introductions. (Discussion) 2. PUBLIC COMMENT – This time is devoted to comments by the general public pursuant to NRS 241.020(2)(c)(3). No action will be taken on matters raised under public comment until the matter itself has been included on an agenda as an action item. (Discussion) 3. APPROVAL OF AGENDA – Approval of the agenda for the Authority’s meeting of September 25, 2019, including taking items out of sequence, deleting items and adding items which require action upon a finding that an emergency exists. (Possible Action) CONSENT AGENDA All matters listed under the consent agenda are considered routine and may be acted upon by the Central Nevada Regional Water Authority Board with one action and without an extensive hearing. Any member of the Central Nevada Regional Water Authority Board may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting. 4. APPROVAL OF MINUTES – Review and approve minutes of the May 17, 2019 Central Nevada Regional Water Authority meeting. (Possible Action) TAB 1 5. FINANCIAL REPORT AND QUARTERLY EXPENDITURES – Recommendation to approve the Central Nevada Regional Water Authority report and quarterly expenditures. (Possible Action) TAB 2A, TAB 2B, TAB 2C and TAB 2D 6. DISCUSSION AND POSSIBLE ACTION ON A WRITTEN REQUEST BY ALEX TANCHEK THAT THE CENTRAL NEVADA REGIONAL WATER AUTHORITY EXTEND THE PERIOD OF SERVICE IN HIS AGREEMENT WITH THE AUTHORITY ONE YEAR, FROM JULY 1, 2019 TO JUNE 30, 2020 – Recommendation to approve Alex Tancheks’s written request that the Central Nevada Regional Water Authority extend the period of service in his agreement with the Authority one year, from July 1, 2019 to June 30, 2020, and reimbursement for time and travel not to exceed $3,000. (Possible Action) TAB 3 END OF CONSENT AGENDA 1 7. UPDATE AND POSSIBLE ACTION REGARDING HUMBOLDT COUNTY’S REQUEST TO BECOME A MEMBER COUNTY OF THE CENTRAL NEVADA REGIONAL WATER AUTHORITY. (Possible Action) TAB 4 8. DISCUSSION AND POSSIBLE ACTION FOR THE CENTRAL NEVADA REGIONAL WATER AUTHORITY TO RETAIN THE SERVICES OF ADVOCATES FOR COMMUNITY AND ENVIRONMENT FOR LEGAL ANALYSIS OF AND ADVICE REGARDING ISSUES AND DEVELOPMENTS IN NEVADA WATER LAW AND POLICY – Recommendation for the Central Nevada Water Authority to enter into an agreement to provide $10,000 to Advocates for Community and Environment for legal analysis of and advice regarding issues and developments in Nevada Water Law and Policy. (Possible Action) 9. REPORT AND DISCUSSION ON BILLS AND OTHER MATTERS CONSIDERED IN THE 2019 LEGISLATIVE SESSION AND POSSIBLE ACTION REGARDING CENTRAL NEVADA REGIONAL WATER AUTHORITY LEGISLATIVE ACTIVITIES DURING THE 2019-2020 INTERIM – The Central Nevada Regional Water Authority Executive Director will provide an overview of bills and other matters of interest to the Authority from the 2019 Legislative Session. Members of the Senate Committee on Natural Resources and Assembly Committee on Natural Resources, Agriculture and Mining have been invited to participate in the discussion. (Possible Action) TAB 5 10. DISCUSSION REGARDING GROUNDWATER BOARDS (NEVADA REVISED STATUTE 534.035). (Discussion) TAB 6 11. DISCUSSION AND POSSIBLE ACTION REGARDING WATER RIGHTS APPLICATIONS FILED WITH THE NEVADA STATE ENGINEER – Discussion and possible action on May, June, July, August and September 2019 water right filings and State Engineer Rulings and Orders. (Possible Action) TAB 7 12. UPDATE ON THE STATUS OF ACTIVE LITIGATION OF WATER ISSUES OF INTEREST TO THE CENTRAL NEVADA REGIONAL WATER AUTHORITY. (Discussion) 13. CLOSED SESSION PURSUANT TO NRS 241.015(3)(B)(2) TO RECEIVE INFORMATION REGARDING SOUTHERN NEVADA WATER AUTHORITY’S GROUNDWATER DEVELOPMENT PROJECT TO CONVEY WATER FROM EASTERN AND CENTRAL NEVADA. (Discussion) 14. DISCUSSION AND POSSIBLE ACTION REGARDING SEC. 802 (EASTERN NEVADA TRANSMISSION PROJECT) OF THE MAY 10, 2019 DISCUSSION DRAFT ‘‘SOUTHERN NEVADA ECONOMIC DEVELOPMENT AND CONSERVATION ACT.’’ (Possible Action) TAB 8 15. BOARD MEMBER/EXECUTIVE DIRECTOR COMMENTS – Board members and the Executive Director can make announcements, request information and discuss topics for future agendas. (Discussion) 16. NEXT MEETING – Set date, place, time and possible agenda items for the Authority’s next meeting. (Possible Action) 17. PUBLIC COMMENT – This time is devoted to comments by the general public, pursuant to NRS 241.020(2)(c)(3). No action will be taken on matters raised under public comment until the matter itself has been included on an agenda as an action item. (Discussion) ADJOURN 2 Tab 1 Draft Minutes of the May 17, 2019 Meeting of the Central Nevada Regional Water Authority Board of Directors CALL TO ORDER – Chair Eastley called the meeting of the Central Nevada Regional Water Authority Board of Directors (Board) to order at 10:00 a.m. The meeting was held at the Nevada Public Agency Insurance Pool/Public Agency Compensation Trust Building, 201 South Roop Street, Carson City, Nevada, 89701. Teleconference services were also available. The Board observed a moment of silence for Board member and White Pine County Commissioner Steve Stork, who recently passed away. Members Present Churchill County: Commissioner Pete Olsen (via phone) Elko County: Commissioner Demar Dahl (via phone) Esmeralda County: Nancy Boland (via phone), Commissioner Ralph Keyes Eureka County: Commissioner J.J. Goicoechea (via phone), Jake Tibbitts (via phone) Lander County: Commissioner Kathleen Ancho (via phone), Frank Whitman Nye County: Joni Eastley (Chair), Commissioner John Koenig (via phone) Pershing County: James Evans White Pine County: Bill Butts (via phone), Gary Perea (via phone) Jeff Fontaine – Executive Director Alex Tanchek – Executive Assistant Others Present Doug Busselman – Nevada Farm Bureau Carl Clinger – Big Meadow Conservation District Kimberly Ellis – Coeur Mining, Inc. Gloria Montero – Big Meadow Conservation District Nyle Pennington – CNRWA Consultant Kyle Roerink – Great Basin Water Network Laurel Saito – The Nature Conservancy Oz Wichman – Nye County Water District PUBLIC COMMENT – No public comment APPROVAL OF AGENDA – Chair Eastley noted the postponement of Item 9, a presentation and conversation on funding opportunities for water and wastewater infrastructure, to a future meeting. Mr. Whitman made a motion to approve the agenda as presented without Item 9. Commissioner Keyes seconded the motion. Without opposition, the motion carries. 1 APPROVAL OF MINUTES – Mr. Evans made a motion to approve the minutes of the March 8, 2019 CNRWA meeting. Mr. Whitman seconded the motion. Without opposition, the motion carries. FINANCIAL REPORT AND QUARTERLY EXPENDITURES – Mr. Fontaine presented the financial report and quarterly expenditures, noting all counties are current on their assessments for the year. Regarding 2019 revenues, Mr. Fontaine noted budget expenditures for the current fiscal year included expenses which were actually incurred in the prior fiscal year. Mr. Fontaine suggested one reason may be the three-month lead time between Board meetings. Mr. Fontaine stated he will work with Elko County to ensure expenses are debited to the fiscal year in which the work occurred. Mr. Perea asked if it would make sense to move the normally scheduled June meetings into July after the beginning of the new fiscal year. Mr. Fontaine replied invoices from Elko County are based on the work done for the fiscal year. Mr. Fontaine stated he would check with accountants at Elko County regarding the ease on bookkeeping but moving meetings from June to July could be a possible solution. Ms. Boland suggested Mr. Fontaine make up an accrual list of mid-financial statements at the end of the fiscal year. Regarding invoices, Mr. Fontaine noted invoices from the Executive Director, from the Executive Assistant, and from Nevada Central Media for $1,200 for maintenance of the website. Mr. Whitman made a motion to approve the financial report and quarterly expenditures. Commissioner Keyes seconded the motion. Without opposition, the motion carries. DISCUSSION AND POSSIBLE ACTION ON A WRITTEN REQUEST FOR THE CENTRAL NEVADA REGIONAL WATER AUTHORITY TO EXTEND THE PERIOD OF SERVICE IN ITS AGREEMENT WITH NEVADA AUTHORITY MANAGEMENT, LLC FOR ONE YEAR FROM JULY 1, 2019 TO JUNE 30, 2020 – Chair Eastley noted no changes to the contract with Nevada Authority Management, LLC with the exception of the dates. Mr. Evans made a motion to approve Nevada Authority Management, LLC’s
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