MEETING MINUTES. May 15, :00 AM BOCC Chambers, Pahrump, NV

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1 NYE COUNTY WATER DISTRICT GOVERNING BOARD MEETING MINUTES May 15, :00 AM BOCC Chambers, Pahrump, NV Members: Legal: Board of County Commissioners : Finance: Staff: Acronyms: Jay Dixon Area 1 (Currant Creek/Smoky Valley) James Eason, Vice Chair Area 2 (Tonopah/Manhattan) James Weeks Area 3 (Beatty/Amargosa Valley) John MacLaughlin, Area 4, Position 1 (Pahrump Valley) Donna Lamm, Chair - Area 4, Position 2 (Pahrump Valley) Michael Lach Area 4, Position 3 (Pahrump Valley) John Bosta - At Large Marla Zlotek Frank Carbone Pam Webster Darrell Lacy Oz Wichman Levi Kryder Teddi Osburn AG - Attorney General AVSTP - Amargosa Valley Science & Technology Park BOCC - Board of County Commissioners BOR - Bureau of Reclamation CSWP- Community Source Water Protection CNRWA - Central Nevada Regional Water Authority DOA - Department of Agriculture DOI - Department of Interior EPA - Environmental Protection Agency GID - General Improvement District GM - General Manager GWE- Groundwater Evaluation Grant GWMP Groundwater Management Plan HUD - Housing and Urban Development IRWMP - Inter Regional Water Management Program MOU - Memorandum of Understanding NTS - Nevada Test Site NCWDGB - Nye County Water District Governing Board NRWA Nevada Rural Water Association NWRA - Nevada Water Resources Association RFP - Request for Proposals RNWA - Rural Nevada Water Authority ROW - Right of Way SNWA - Southern Nevada Water Authority USDA - United States Department of Agriculture UGTA - Underground Test Area USGS - United States Geological Survey WD - Water District 1

2 WATER DISTRICT GOVERNING BOARD 1. (00:00:00) Call to Order Pledge of Allegiance 2. (00:00:30) Roll Call - Present: Jay Dixon, Donna Lamm, John Bosta, Michael Lach, James Eason; James Weeks Absent: John MacLaughlin 3. (00:01:04) Mission Statement Provide, protect and preserve water resources within Nye County. 4. (00:01:13) General Public Comment (first): Three-minute time limit per person. Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item. There were no public comments. 5. (00:01:50) Approval or Modifications of the Agenda for the Water District meeting of May 15, John Bosta requested that Item 10c. be pulled from the agenda because he felt that the Water District had no authority to meter domestic wells. Darrell Lacy related that the DA s Office stated that this was clearly within the authority of the Water District. Michael Lach stressed that the Water District was gathering information in order to work toward achieving goals set forth in the Mission Statement. Mr. Bosta felt that money collected by the Water District should be spent to provide sewer systems and buy water rights. Mr. Lacy noted that Mr. Bosta was mixing up policy with legal issues. When asked to give his opinion, Frank Carbone, BOCC, related that he did not want to become involved with this particular piece stating that he had a similar opinion about the Volunteer Metering Program. He felt that there were other ways to find out what water is doing in the valley. Mr. Lacy related that collecting data for scientific purposes was within the realm of the Water District. This is a policy issue in which the board makes a decision on whether or not to spend money on the program. Donna Lamm noted that the State Engineer was in agreement about the benefits of a volunteer metering program as it can provide valuable data about individual water usage. Michael Lach made a motion that Item 10c. not be pulled from the agenda and that it will be discussed as they proceed through the agenda. James Eason seconded the motion. There was no further comment. The motion passed with 5-Ayes and 1-Nay from John Bosta. 6. (00:13:03) For Possible Action Approval of Minutes for April 28, Michael Lach made a motion to approve the Minutes of April 28, James Eason seconded the motion. The motion was approved with a vote of 6-0 in favor. 7. (00:13:37) Correspondence and Announcements John Bosta announced that he is now the Vice President of the Private Well Owners Cooperative of Nye County. Mr. Bosta explained that the group was formed to assist individual owners to insure that their right to draw 2 AF per year is protected and that the quality of drinking water is maintained. The cooperative will bring forth items that deal with protecting domestic wells. Each individual well owner is a water provider with their own infrastructure within the cooperative. The PUC and Attorney General have no 2

3 authority over the cooperative. Domestic wells must be protected from the utility districts that control a majority of the water rights available in the valley. 8. (00:19:19) Ex Parte Communications and Conflict of Interest Disclosure Statements Not addressed. 9. (00:19:20) Public Hearing, discussion, deliberation and possible decision to adopt, amend and adopt, or reject the Final Budget for the Nye County Water District for FY 2014/2015. Pam Webster related that the board had the final budget documents in their possession for review and consideration. It was indicative of plans that were reviewed and accepted during the budget workshop. She noted that Darrell Lacy, as the acting authority for the Water District and would be able to sign the Final Budget in lieu of the recent resignation of Susan Paprocki who was the Treasurer Secretary for the Water Board. Pam Webster showed that individual projects were not broken out in this budget that is to be submitted to the State. Darrell Lacy noted that the total budget cannot change, but the allocation of money within that budget can be changed as the board finds it necessary to fund various projects or programs. Oz Wichman noted that he is still waiting on some numbers from PERS regarding the requirement by the State for the Water District to provide retirement benefits to its only employee. James Eason made a motion to approve the budget as presented. Michael Lach seconded the motion. The motion passed with a vote of 6-0 in favor 10. (00:27:24) For Possible Action Presentation, discussion and possible decision regarding legal opinions from the Nye County District Attorney s Office concerning the following issues: a. Duties of the Nye County Water District General Manager and the need for a Professional Services contract with the Water District b. The validity of the MOU between Nye County and the Water District c. Legal authority of the Water District to implement a volunteer metering program Darrell Lacy related that the DA had reviewed the 3 items in question and found them to be within the legal authority of the Water District. One board member still had concerns regarding Item c., the volunteer metering program. Hence, this item will be continued to a future meeting where it will be discussed more thoroughly. Oz Wichman reminded board members that the DA has already approved an Access Agreement and Permission to Enter Property document which is currently being used in the Volunteer Metering. Discussion continued regarding the number of current volunteers and the amount needed to truly represent average consumption rates in Basin 162. Michael Lach questioned whether it was necessary to spend a lot of money on the program only to find that the average consumption rate per household was not that much different than what the State Engineer had already proposed. John Bosta insisted that water is tied to the land, people can take any amount of water that they want and the State Engineer has no authority over domestic wells Jason King noted that domestic wells are only allowed to use up to 2 AF of water. Wells are regulated by priority date. Domestic wells are subject to curtailment if they are junior to other senior water rights. Manner of use is not a consideration. The date that 3

4 the domestic well was completed is the priority date. The State Engineer can curtail water usage even without designation as a Critical Management Area. The major water share owners in the valley remain in compliance and do not have to show proof of beneficial use as long as extensions are filed in a timely manner and they remain in statuary compliance. Wells are not prioritized by manner of use but by date. 11. (00:43:44) For Possible Action - Discussion, deliberation, and direction to staff concerning expansion/continuation of the current volunteer domestic well metering program. (Continued from March 24, 2014) Darrell Lacy felt that this was a policy issue to be determined by the Water Board at a future date. The existing meter reading program can continue as it stands. There was discussion about the number of meters needed to gather accurate information on which to base decisions. Jason King, State Engineer, noted that the DWR is in the process of creating a list of water right ownership based upon priority date for Basin 162 which should be available fairly soon. There was discussion on whether or not to install the remaining manual meters that are sitting in inventory as the cost to install each would be minimal. There was general agreement that the entire program needs to be studied to determine if it is a worthwhile pursuit. This matter will be readdressed at a future meeting when more information is available. 12. (00:51:56) For Possible Action Discussion, deliberation, and possible decision to authorize GM to protest or comment on select water right applications in order to protect the groundwater in Nye County as per guidelines from the Nye County Water District. Darrell Lacy presented a list of recent applications to the DWR for change in use. He didn t feel that any of these were worthy of filing comment or protest. Mr. King noted that domestic well owners within the vicinity of the proposed change are notified by the DWR. Cones of depression are part of the DWR analysis of an application. Oz Wichman stated that it is often difficult to determine which wells may be within the 2500 ft. cone of depression area surrounding a new well since some very old wells may not be accounted for in DWR records. 13. (01:02:01) For Possible Action Discussion, deliberation and possible decision - Powers of the Water District and direction to staff concerning future agenda items. a. Science programs b. Capital expenditures and financing c. Comments by UICN on future utility operations in the Pahrump Valley and discussion about NCWD involvement or regulation of utility operations Darrell Lacy noted that this agenda item was primarily intended to promote discussion by the Water Board of future projects and objectives. Addressing Agenda Item 13 c., Wendy Barnett, President of UICN, discussed issues that UICN may have regarding the presence of a Nye County owned utility within their service area. She explained why she felt the Spring Mountain Raceway wastewater treatment plant should not be built on the county fairgrounds property. Ms. Barnett detailed how UICN was much more qualified to operate the proposed plant than was Nye County. She noted that the PUC is opposed to the creation of an island utility. Laura Granier, legal representation for UICN, felt the operation of this treatment plant was opposed to the objectives stated in the mission statement of the Water District. She 4

5 felt that operation of this facility was not an allowable use under NRS 542 and talked about some of the water rights that had been acquired by Nye County for possible use in expanding a utility system. Ms. Granier warned that there will be legal challenges for Nye County should they encroach into UICN territory. Mr. Lacy noted that this issue is one of policy since this matter has already been addressed by the Attorney General and deemed appropriate. NRS 542 does not restrict the creation of a utility district by the Water District. The Water Board can decide what the appropriate method may be to provide water services to Nye County, of which one benefit would be development of the fairgrounds. UICN never had any plans to provide service to the raceway until this opportunity presented itself. Ms. Barnett did not agree with some of Mr. Lacy s statements and hoped to work cooperatively with Nye County in the future. She talked about some of the problems that UICN had inherited from the previous utility owner, Preferred Equities. Mr. Bosta complained about the lack of back-up for Item 13 c. Michael Lach questioned why the developer of Spring Mountain Raceway would have chosen Nye County first to take over operation of the wastewater plant. He wondered if there were more advantages in choosing Nye County over UICN, primarily economic. Ms. Barnett related that it was more of a time issue, if anything. The County can expedite the permitting process due to the fact that UICN must annex much of the property being considered for service. There was a brief discussion concerning setting of customer rates. Mr. Lacy reminded everyone that the BOCC had the final decision in this matter. Frank Carbone related that under NRS 542 the Water District has the authority to run water and sewer utilities. He felt that the County Commissioners should not be involved in these negotiations and that the final decision should rest with the Water District. Mr. Lach felt that the Raceway did not want the wastewater plant on their property due to odors that may be emitted. Darrell Lacy related that County Staff was currently working on an operating plan and there are qualified staff on board that could handle operations of the facility. Mr. Lacy related the economic benefits that the project can bring to Pahrump. Mr. Lach felt that the Water Board could not make a decision because they have not yet reviewed the operations plan from the county. It was noted that since the Town of Pahrump owns the fairgrounds property, the county would lease the property before anything could be built. Mr. Lacy noted that the Water Board has never expressed an interest in operating a utilities district. He was looking for direction from the board in this matter. Frank Carbone felt that there was no desire of the Water Board to be involved in this type of endeavor. James Eason requested a more current opinion from the AG s Office. He felt that running a utility at this time was not in the best interest of the Water District. Recommendations from the Basin 162 Groundwater Management Committee were imperative before going forward. He also had questions about financing. Mr. Eason made a motion that the Nye County Water District does not have anything to do with Nye County s request to accept a new utility to be put in by Spring Mountain Raceway. Frank Carbone questioned the direction that the Water Board has taken over the last 6 years. Mr. Eason noted that representatives from the raceway have never approached the Water District regarding the building of a utility. Mr. Eason clarified his motion to state that the Water District will not get involved at all in working with the speedway to assume responsibility of this utility, and to stay out of the discussion and process. Jim Weeks seconded the motion. The motion passed with 5

6 a vote of 5-Aye and 1-Nay from John Bosta. It was decided a discussion regarding the future direction of the Water District be placed on the next agenda. Darrell Lacy briefly discussed the importance of Items 13a. and c. as they relate to future endeavors of the Water District. Once again he was looking for future direction from the Water Board. Donna Lamm noted that a strategic planning discussion by the Water Board will be included on the next agenda. Michael Lach requested that Mr. Lacy provide to the Board some information about the process involved in setting up a potential utility district. Mr. Lacy noted that some of the small utilities in Nye County operate as separate enterprise zones that are selffinanced. Oz Wichman noted that each utility district is unique in its operation. A summary of operations of the various utilities in Nye County will be presented to the Water Board at a future date. 14. (02:16:09) District Member, Staff and Liaison Reports/Comments a. (02:16:10) Finances I. FY 14 Budget Status Report Pam Webster related that the Water District was in good financial shape. b. (02:16:58) Board Reports I. LVVWD/SNWA Darrell Lacy II. Desert Tortoise Advisory Committee John MacLaughlin c. (02:17:18) Staff Reports: I. Darrell Lacy Mr. Lacy asked Jason King to comment on water dedication for the utility companies in the valley. Mr. King noted that for new subdivision lots the current dedication rate is 1.12 AF. For older existing lots he does not believe that the dedication can be increased from the existing 0.54 AF to the current 1.12 AF requirement. Mr. Lacy related that UICN has been requesting that people purchasing the older lots provide an additional 0.58 AF to UICN to make up the difference. Mr. King will do some investigation into this issue and bring back information at a future meeting. II. Oz Wichman Mr. Wichman briefly updated the board on issues with PERS and the Shoshone Estates Water System. He plans on spending time working on the Shoshone Estates problem unless the Water Board has some objections. Darrell Lacy noted that this water system is currently in violation of allowable arsenic levels as mandated by NDEP. III. Levi Kryder d. (02:32:08) Project Status Report e. (02:312:21) Board Liaison Report I. Frank Carbone f. (02:02:16) Report from other individuals, groups and or agencies regarding water-related issues (for informational purposes only). Jason King, State Engineer, related that he had concerns regarding the development proposal for the Spring Mountain Raceway and conflicts that it may create between water providers in the valley. 6

7 15. (02:35:10) For Possible Action Discussion, Direction and Possible Decision Concerning Future Meetings/Workshops. The next Regular Meeting is scheduled for June 23 rd, Future meeting dates proposed for the 3 rd quarter are as follows: July 22 th, August 25 th and September 22 nd, (Please note that due to a typographical error, the July meeting is scheduled for the 21 st, 2014 to begin at 9 AM.) James Eason made a motion to approve the dates proposed for future meetings for the 3 rd quarter of Jay Dixon seconded the motion. The motion was approved with a vote of 6-0. Topics for future agenda items were discussed: The Volunteer Metering program and discussion of a strategic plan for the Water District. 16. (02:36:26) General Public Comment (second) Greg Dann commented that water needs to be drawn from the alluvial fan and brought down to the valley aquifer. The water treatment plant needs to be located downhill from the raceway based upon the fact that water runs downhill. He noted that Jason King is not responsible for previous bad water decisions made in the Pahrump Valley. Water law changes will come from the State Legislature and not from Mr. King whose responsibility is to enforce that law. There was discussion about the appointment of Board Members whose terms are due to expire on June 30 th, Donna Lamm noted that there will be a discussion of water importation from the Trout Canyon area at the next meeting. 17. (02:44:07) Adjourn Donna Lamm made a motion that the meeting be adjourned. All members were in agreement. 7