New Legislator Orientation

Transcription

1 New Legislator Orientation State Engineer Jason King, P.E. Division of Water Resources Overview, Water Law 101 and Mission - To conserve, protect, Current manage and Issues enhance the State s water resources for Nevada s citizens through the appropriation and reallocation of the public waters. December 6, 2016

2 DIVISION OF WATER RESOURCES Conserve, protect, manage and enhance the state s water resources for Nevada s citizens through the appropriation and reallocation of public waters 2

3 DAM SAFETY Review dam designs Inspect during/after construction Emergency response 3

4 WELL DRILLING License well drillers Field inspections Review well logs Enforce well drilling regulations 4

5 WATER PLANNING AND FLOODPLAIN MANAGEMENT Review water conservation plans Oversee fines and penalties Coordinate flood mitigation Manage Community Assistance Program 5

6 ADJUDICATIONS Identify point of diversion, place of use and manner of use of pre-statutory vested claims and reserved rights Quantify diversion rates, volumes of water and assign priorities 6

7 INFORMATION TECHNOLOGY Water data online Water rights Well logs Rulings, orders, permits Hydrographs showing depths to water GIS coverage Water right support maps 7

8 Water Law 101

9 Nevada Facts Driest state in the nation averaging approximately 9 precipitation annually 7 th largest state geographically Population is ~2.9 million > 2 million live in Las Vegas Metropolitan Area (7 out of 10 Nevadans) ~ ½ million live in Reno-Sparks Metropolitan Area (1.5 out of 10 Nevadans) ~ 50 million visitors annually 3 rd most urbanized state in the nation (>94% of population lives in population clusters of 50,000 people or more) 9

10 Columbia River at The Dalles Averages ~ 200,000 cfs Enough water passes that gauging station in ~ 19 days to equal the annual surface and groundwater supply in Nevada. 10

11 Water Law in Nevada Basic Tenets Prior Appropriation Doctrine First in time, first in right Beneficial use shall be the basis, the measure and the limit of the right to the use of water, Use it or lose it 11

12 1 Acre-Foot of Water 325,851 gallons; or An acre (~one football field) covered with 1 of water; or Enough water to supply two families of 4 (depending on outside irrigation) for one year. 12

13 Who Owns the Water? All sources of water within the boundaries of the State, whether above or beneath the surface of the ground, belong to the public. ( and ) 13

14 Water Rights Appropriation Process Application Permit Certificate Adjudications of Pre-statutory Vested Claims Reserved Rights Resulting in a Judicial Decree being issued

15 The Appropriation Process All use of water requires a permit from the State Engineer except for domestic wells. 15

16 Domestic Water Wells A water right application and permit are not required in order to drill a domestic well Extends to culinary and household purposes, in a single family dwelling, the watering of a family garden, lawn and the watering of domestic animals ( ) The maximum amount of water that may be pumped from domestic wells is limited to 2.0 acre-feet per year Priority 16

17 Criteria Used When Deciding Whether to Approve or Deny an Application 17

18 Criteria Approval or denial of water rights based on four (4) primary criteria ( ): Is there unappropriated water? Will it conflict with existing rights? Does the use of the water prove detrimental to public interest? Does the use conflict with existing domestic wells? 18

19 Use It Or Lose It Water Rights can be: - Cancelled - Forfeited (certificated groundwater only) - Abandoned 19

20 Water Right Ownership A water right is considered real property and can be owned separate from the property Water rights are an appurtenance to the property and are passed from seller to buyer unless the rights are specifically excluded or reserved on the deed 20

21 21 Statewide Water Use

22 Statewide Groundwater Use Stockwater 1.3% Quasi-Municipal 2.7% Municipal 9.4% Recreation/Wildlife 1.5% Commercial Domestic* 0.9% 2.5% Other 0.4% Mining 10% Industrial/Construction 3.1% Power 1.2% Environmental 0.3% Irrigation 67% 22

23 Statewide Surface Water Use Others, 0.6% Recreation/Wildlife (Non-diversion) 18.8% Municipal, 15.6% Irrigation, 64.9% 23

24 24 Current Issues

25 Current Issues Conjunctive Management (SB 73) Surface water and ground water Humboldt River Over Appropriated Basins (SB 73) Tools for Groundwater Management Plans Local stakeholder plan vs. regulate by priority Domestic Wells Priority Curtailment Proliferation 25

26 Current Issues Water Law Housekeeping (SB 47) Modernization of the Adjudication Statute (SB 51) Water Conservation Precipitation Harvesting (Rain Barrels) Use It or Lose It (308 - Oscarson) Legislative Committee on Public Lands (48-336) 26

27 Questions? Questions?