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Via e-mail from NDWR July 1, 2020

On June 30, 2020, the Division of Water Resources submitted draft administrative regulations to the Legislative Council Bureau (LCB) to secure a permanent regulation number for this regulation cycle. It is important for the Division to communicate to the public and those engaged in the process that the submission of these regulations to LCB is not an effort by the Division to rush the rulemaking process. The Division considered all of the comments provided prior to, during and subsequent to the June 24, 2020, public workshop and many revisions were made based upon those comments. Further, let it be noted that the official LCB-draft regulation does not constitute a final proposed regulation, but rather serves as a starting point for ongoing dialogue with interested persons.

The Division has been and continues to be committed to fully engaging with the public and providing multiple opportunities for public engagement, feedback and comment as the Division continues to work toward promulgation of administrative regulations. To this end, the Division is committed to, at a minimum, the following next steps:

1. The Division has established an email listserv, ndwradminregs@listserv.state.nv.us, which is specific to communications relating to the adoption of administrative regulations.  Instructions for subscribing to the listserv is available on the Division’s website and attached to this message.

2. The Division will conduct a minimum of 3 additional public workshops between now and the beginning of the 2021 legislative session.

3. The Division will provide bi-monthly updates as to the outcome of any public workshops held and specific plans for future public workshops and public input regarding the draft regulations.

(4) The Division does not intend to take the regulations to a public hearing until after the conclusion of the 2021 legislative session.

The next public workshop is anticipated to be scheduled in the month of August, pending receipt of the LCB draft of the Division’s submitted regulations. The Division recognizes that this is a unique path forward, but believes this process is important to ensure substantive and inclusive public participation during these unique times.

The State Engineer will hold a public hearing on proposed orders to designate the Newark Valley Hydrographic Basin (154) and Long Valley Hydrographic Basin (175). The public hearing will be held to provide notice and to take testimony on the proposed orders. The hearing is open to the public and will convene at 10:30 A.M., WEDNESDAY, AUGUST 12, 2020.

If Emergency Directive 006 is extended past July 31, 2020, there will be no physical location for this hearing and the hearing will be held through video and teleconference. Information to join the video and teleconference will be posted on the Division website, no less than three business days before the hearing is to be held. If Emergency Directive 006 expires on July 31, 2020, the hearing will be scheduled for a later date at a suitable location within White Pine County, the county where the majority of the basins lie. A notice will be posted on the Division website, no less than three business days before the hearing is to be held, scheduling the hearing date and location. Oral testimony will be accepted during the hearing. Written testimony will be accepted until Wednesday, August 26, 2020 and may be mailed to the Nevada Division of Water Resources at the above address. The public is encouraged to read the proposed orders. The proposed orders may be obtained from the Division website at http://water.nv.gov, by contacting the Nevada Division of Water Resources in writing at 901 S. Stewart Street, Suite 2002, Carson City, Nevada, 89701, or by calling (775) 684-2800. A reasonable fee for copying may be charged for items printed and mailed from the Division.

Click here for the the proposed order for Newark Valley.

Click here for the proposed order for Long Valley.

The Central Nevada Regional Water Authority submitted written comments today to the Division of Water Resources’ proposed rulemaking to:

• Update and amend the regulations governing procedures for hearings before the Nevada Division of Water Resources and State Engineer.
• Adopt regulations pursuant to Assembly Bill 62 of the 2019 Nevada Legislative Session, relating to applications for extensions of time to file a proof of construction of works and proof of beneficial use.
• Adopt regulations for the licensing of Nevada Licensed Water Right Surveyors.

DWR will consider written comments as well as those provided during their June 24th workshop and may schedule a public hearing for a future date to adopt the regulations. CNRWA also provided public comment during the workshop.