The Nevada Supreme Court on July 7th issued an order adopting rules that provide for the specialized education and designation of district court judges adjudicating Nevada water law cases in a fair, just, and timely manner. The rules become effective six months from the date of the order. Click here to read the order.
Applications open for voluntary water rights retirements in central Nevada groundwater basins
The Central Nevada Regional Water Authority (CNRWA) and Humboldt River Basin Water Authority (HRBWA) were recently granted $15 million to purchase and retire groundwater rights from willing sellers.
Applications are now open for willing sellers to apply to voluntarily retire their water rights in these basins.
The program, the Nevada Water Conservation and Infrastructure Initiative, is meant to purchase and permanently retire groundwater rights from willing sellers in groundwater basins with insufficient water supply to serve all water rights and domestic wells.
Funding is to be used for over-appropriated and over-pumped groundwater basins in the Central Hydrographic Region and Humboldt River Basin.
Applications for the Humboldt River Basin are available here: https://hrbwa.com/grrp/
Applications for the Central Nevada Hydrographic Region are available here: https://cnrwa.com/grrp/
Applications are also available in most member county administrative offices.
The deadline to apply is January 22, 2024.
A list of over-pumped and over-appropriated basins is online here: https://cnrwa.com/wp-content/uploads/2023/11/Over-pumped-and-over-aproppriated-groundwater-basisns-11_22_23.pdf
Over-pumped basins are allocated $900 per acre-foot, and over-appropriated basins that are not over-pumped are valued at $350 per acre-foot. Water rights in the Diamond Valley Basin are valued at $800 per acre-foot.
“The program addresses and avoids conflicts with existing rights or detriments to the public interest and natural resources,” said Jeff Fontaine, the Initiative’s director. “Retiring groundwater rights will help stabilize groundwater levels.”
Funding priorities are for retiring irrigation rights in over-pumped basins subject to curtailment. Purchasing groundwater rights in other over-appropriated basins will also be considered if such purchases mitigate conflicts with existing rights or if there are detriments to natural resources.
Groundwater right holders in the portions of the Humboldt River Basin and Central Hydrographic Region located in CNRWA and HRBWA member counties are eligible to apply. Those counties include Churchill, Elko, Esmeralda, Eureka, Humboldt, Lander, Nye, Pershing and White Pine.
“We encourage those interested in retiring their water rights in these basins to apply sooner rather than later, as it is expected that available funds will exceed the program’s demand,” Fontaine added.
Additional information is available online: https://cnrwa.com/wp-content/uploads/2023/11/Water-Rights-Retirement-Program-FAQ-final11_14_23.pdf
Regional water authorities seek funding for voluntary water rights retirements in central Nevada
The Central Nevada Regional Water Authority (CNRWA) and Humboldt River Basin Water Authority (HRBWA) recently approved funding to purchase and retire groundwater rights from willing sellers. Click here to read the press release.
Division of Water Resources proposes to rescind regulations
Pursuant to Governor Lombardo’s Executive Order 2023-003, all Executive Branch agencies, boards, and
commissions must conduct a comprehensive review of the regulations subject to their enforcement and
provide a report to the Governor’s office by May 1, 2023, detailing how the regulations may be
streamlined, clarified, reduced, or otherwise improved to provide for the general welfare of the State
without inhibiting economic growth. The Executive Order further requires these agencies, boards, and
commissions to recommend at least ten (10) regulations for removal/repeal. Finally, the Executive Order
requires each agency, board, and commission to hold a public hearing to obtain industry stakeholder
feedback regarding recommended regulatory changes.
After review of its regulations, the Division proposes to rescind the provisions of NAC Chapter 532 related to administrative hearings. The Division will be holding an in-person and virtual workshop on April 16th at 9:30 to receive comments from all interested persons. Click here for more information.
NDEP seeking input on comprehensive review of regulations
As required by Governor Lombardo’s Executive Order 2023-003, NDEP is undertaking a comprehensive review of the regulations subject to its enforcement and will be providing a report to the Governor’s office by May 1, 2023 “detailing how those regulations can be streamlined, clarified, or otherwise improved to ensure they provide for the general welfare of the State without unnecessarily inhibiting economic growth.” The report will provide recommendations for amendments and “a list of not less than ten (10) regulations recommended for removal, ranking them in descending order of priority”. Regulations administered by NDEP also include those that fall under the oversight or implementation of the State Environmental Commission, Board for Financing Water Projects, and Board to Review (Petroleum Fund) Claims.
NDEP encourages the review of their regulations of interest on their website for this effort at https://ndep.nv.gov/reg-review . To help NDEP understand input from stakeholders, they have set up an e-mail address at NDEPRegReview23@ndep.nv.gov where suggestions for revisions to regulations can be submitted. If you choose to provide input, please identify the regulation(s) for consideration, by NAC number if possible. NDEP will review submitted suggestions and reflect stakeholder input in the summary of findings and recommendations of the report if that input is received no later than March 31, 2023.
Nevada Supreme Court to consider proposed rule on adjudication of water law cases
The Nevada Supreme Court will conduct a public hearing on February 8, 2023, at 2:00 p.m. to consider a proposed rule recommended by the Commission to Study the Adjudication of Water Law Cases. The hearing will held in the Nevada Supreme Court Courtroom, 408 East Clark Avenue, Las Vegas, Nevada. The hearing will be videoconferenced to the Nevada Supreme Court Courtroom, 201 South Carson Street, Carson City, Nevada.
This proposed 3 year pilot program provides for the specialized education and appointment of district court judges adjudicating Nevada water law cases.
Comments may be submitted electronically or in hard-copy format to: Elizabeth A. Brown, Clerk of the Supreme Court, 201 South Carson Street, Carson City, Nevada 89701 or nvscclerk@nvcourts.nv.gov by 5:00 p.m., January 24, 2023. Persons interested in participating in the hearing must notify the Clerk no later than January 24, 2023. Click here to read the public hearing notice.