DRAFT - Nye County Comprehensive Plan 5.2.2 Competition for Water Rights In October of 1989, the Las Vegas Valley Water District (LVVWD) filed applications with the State Engineer’s office for over 860,000 acre-feet of water rights in rural Nevada for virtually all the unallocated perennial yield water in northeastern Nye County. Since the initial filing, LVVWD informed the public that it has revised the amount of water that is needed, but LVVWD has not amended the applications that were filed to reflect this revision. In addition to the water resource commitments, there are large water right filings in some basins that are ready for action by the NDWR. In all, applications are outstanding for more than 333,000 acre feet in the basins that are located wholly or partially in Nye County (as of March 1999). Foremost are those associated with the Southern Nevada Water Authority’s (SNWA) plans to export water from Nye County and other rural Nevada counties to metropolitan Las Vegas. In 1989, LVVWD filed 32 groundwater permit applications with points of diversion in Nye County. Six of these applications have been withdrawn, but the remaining 26 applications, totaling more than 140,000 acre feet in Railroad Valley (North and South), Garden Valley, and Coal Valley, are ready for protest (NCWRP, 2004). The locations of these water rights are in the north and south Raifroad Valley basins, the Coal Valley basin, the Garden Valley basin, and the White River Valley basin. These basins are located in areas that are currently undeveloped or only partially developed. However, these areas contain considerable mineral (including petroleum) and geothermal resources which would require water to develop. Consequently, if the requested water rights are granted to LVVWD, future mineral and oil development and potentially other forms of economic development could be affected, if not precluded. Given that a significant amount of Nye County’s water resources have been appropriated via water rights and that water is a prerequisite for economic development and community survivall development, it is necessary that Nye County pursue all available means to ensure an adequate water supply. 5.2.3 Surface Water Nye County also has a number of surface water sources. While some of these surface waters originate in the mountain areas in the form of streams, others are ground waters that come to the surface on lower lands in the form of springs. These waters are becoming more valuable to the county in that a great number of these sources serve as a key element in the future development of recreation resources for Nye County. Development of recreation resources would help expand the Nye County economy and provide another source of income 5.2.4 Water Conservation Conservation planning identifies specific measures that will reduce water consumption and not adversely affect the quality of life. Water conservation is a vital aspect of any water system in an arid climate where water resources are limited and drought cycles last for 7 to 10 years. Water conservation prolongs the life of water system facilities by reducing stresses on groundwater aquifers, reducing chemical and electrical demands at pumping stations, reducing pump run times, and allowing room for growth by reducing the commitment to storage, pumping and water rights. February 23, 2011 Page 42 DRAFT - Nye County Comprehensive Plan Coordination with Regional Water Planning Groups Nye County is a member of the Central Nevada Regional Water Authority (CNRWA), an eight county unit of local government that collaboratively and proactively addresses water resource issues common to communities in Nevada’s rural interior. Groundwater basins in the Central Nevada region receive little contemporary recharge, are often interconnected by subsurface flows and depend largely on ground water discharge to supply present and future natural and human uses. Nye County should continue its commitment to this organization and to the regional efforts in developing hydrologic 3 sufficient information.’ Drought Contingency Methods/Emergency Management Plan Drought or a number of other uncontrollable circumstances can disrupt normal availability of a community’s water supply. Even though the county or individual water system may have an adequate water supply, the supply could become contaminated; a disaster could destroy the supply; or system treatment, storage, or distribution failures could present the county with an emergency demand management situation. The Emergency Water Management Plan provides procedures to respond to these emergencies. It is important to distinguish emergency demand management planning from water conservation planning. Drought contingency measures serve as precautionary measures to avoid or minimize the impact of drought-related water shortages or other emergencies. While water conservation involves implementing permanent water use efficiency or reuse practices, emergency plans establish temporary methods or techniques used only as long as an emergency exists. 5.3 Air Quality The responsibility for the maintenance of a healthy level of air quality in Nye County rests with the county government. Nevada Department of Environmental Quality (NDEQ) has identified a methodology for the monitoring and control of carbon monoxide and PM-lO pollutants (i.e., particles less than 10 micrometers in 4 diameter)’ through its state implementation plans. These plans identify actions and recommendations for the county to undertake in order to improve the measured levels of these pollutants in the atmosphere. Most of these controls involve the restriction of uncontrolled clearing of land and the development and use of dirt roads. 5.3.1 Carbon Monoxide Carbon monoxide 2) is a colorless, (C0 odorless gas that results primarily from the incomplete combustion of hydrocarbon based fuels. In sufficient concentrations, it can be toxic because it tends to reduce the oxygen carrying capacity of blood. In the valleys of Nye County, carbon monoxide air pollution is most common during the winter months because of low wind conditions. Stagnant air masses can trap pollutants increasing concentration levels. The U.S. Environmental Protection Agency (EPA) has established two National Ambient Air Quality Standards for carbon monoxide: 1) thirty-five parts per million for a one hour average, and 2) nine parts per million for an eight hour average. The EPA determined that when carbon monoxide concentrations rise above these levels there is a hazard to the public health. Areas that violate one or both standards, more than three times in a three-year period, are designated as a 13 Central Nevada Regional Water Authority at URL http://www.cnrwa.com/ ‘4http:findep.nv.gov/baqp/monitoring/pahrumpmonitor2.html February 23, 2011 Page 43 DRAFT - Nye County Comprehensive Plan non-attainment area. In Nye County, as in other areas, motor vehicles are the major source of CO2 emissions, comprising approximately 86 percent of total daily emissions. 5.3.2 PM-1O Nye County is an arid desert environment where wind-blown dust is a natural phenomenon. The major sources of man-caused PM- 10 are dust from construction activities, unpaved roads, disturbed vacant land, and unpaved parking/staging areas. Background sources (e.g., undisturbed natural desert) and particles formed from motor vehicle combustion also contribute to PM-JO emissions. The EPA has one National Ambient Air Quality Standard for PM- 10: 150 micrograms per cubic meter for 24 5 a hour average.’ The EPA determined that there is a hazard to the public health when concentrations rise above that level as particles are inhaled into the lungs causing respiratory distress. 5.4 Endangered Species As the population continues to grow in the towns of Nye County, it is important to balance growth and development and to meet the minimum regulations imposed by the federal government regarding the needs of existing species of plants and animals. On April 2, 1990, the desert tortoise was listed as threatened by the FWS, thereby bringing it under full protection of the federal Endangered Species Act of 1973 (ESA). At the time of the development of this update to the Comprehensive Plan, a single-species Habitat Conservation Plan (HCP) for the desert tortoise in southern Nye County has begun. It is anticipated that the HCP will be approved by the FWS and result in the issuance by FWS of an Incidental Take Permit (ITP) for desert tortoise. This will ultimately reduce the burden on future development within the plan boundary by allowing projects to apply (to Nye County) to be covered by Nye County’s ITP, rather than having to develop their own HCPs on an individual basis. Habitat conservation and mitigation measures will be implemented through development and passage of Nye County ordinances that incorporate the mitigation measures into the county’s site development process. Combining ESA compliance measures with the county’s existing planning and development process reduces the burden on covered projected and significantly shortens project schedule, as project proponents would not have to apply for an ITP from the FWS for each individual project. Additionally, establishing compliance with the HCPs at the county level would ensure that future development on private land in Nye County’s threatened and endangered species habitat would not risk federal law enforcement actions for violations of the ESA. 5.5 Soils Conservation practices relating to local soils conditions overlap a number of other issues discussed elsewhere in this Conservation Plan and other elements of the Comprehensive Plan. For example, poor or negligent soil conservation practices can have negative effects on both air and water quality through blowing dust, erosion of soils impeding storm water flows, and creation of public safety risks. The county may have areas of problematic soil conditions that are ‘ http://www.epa.gov/air/particlepollution/ February 23, 2011 Page 44 DRAFT - Nye County Comprehensive Plan unsuited for development by virtue of the fact that they may collapse or expand when they hydrate.