CNRWA News and Updates

There are new forms for Application for Extension of Time for Filing Proof of Completion of
Work (POC) and Application for Extension of Time for Filing Proof of Application of Water to Beneficial Use (PBU). The new forms for Application of Extension of Time for filing PBU are differentiated by manner of use (MOU). Additional questions requesting more information have been added to fulfill the requirements of NAC 533 and to provide Nevada Division of Water Resources (DWR) with the necessary information to consider an Application for Extension of Time for Filing Proof of Completion of Work and Application for Extension of Time for Filing Proof of Application of Water to Beneficial Use. For any water right requiring a totalizing meter or measuring device as part of the terms of the permits, the Permittee will be expected to submit accurate measurements of water placed to beneficial use, and this information is necessary for any PBU extension form to be considered. Please use the correct form based upon the MOU of the Permit you are seeking to extend. Previous forms will no longer be accepted after December 31, 2022.

The new forms can be found in the Forms page on DWR’s website http://water.nv.gov/waterforms.aspx?water=Water%20Right or at the DWR office. You can also contact DWR at (775) 684-2800 with questions about which form to use.

The Nevada Legislative Joint Interim Standing Committee on Natural Resources and Subcommittee on Public Lands will hold their final meetings in Las Vegas on August 22nd beginning at 9 am. The meetings will be videoconferenced to the Legislative Building in Carson City and live streamed over the Internet. The Subcommittee will consider the following water related actions during their work session:

• Request the drafting of a bill to address water conservation and the enhancement of return flow in southern Nevada, including, without limitation, the use of Colorado River water in septic systems and modifications to the nonfunctional turf program.
• Draft a position statement in the final report of the Subcommittee expressing opposition to proposed water development projects in southern Utah that would negatively impact groundwater and surface water flows in Nevada and supporting aggressive conservation alternatives.
• Request the drafting of a resolution addressing the management of the Colorado River wherein this state: (1) sets forth the principals on water conservation relating to the Colorado River; and (2) shares various conservation efforts it has taken to conserve water in the Colorado River.
• Request the drafting of a bill to clarify the processes and authority for the conjunctive management of surface and groundwater basins, including, without limitation, the public notification processes, appeals processes, and the role of science in modifying management practices within such basins.

Also, the Joint Interim Standing Committee on Natural Resources will consider the following water related actions during their work session:

• Draft a position statement in the Committee’s final report expressing support for adequate funding for the Division of Water Resources, DCNR, to update its data collection efforts, studies of water basins, and adjudication of water rights.
• Draft a position statement in the Committee’s final report expressing support for funding for the Desert Research Institute, within the Nevada System of Higher Education, and its programs, including cloud seeding operations.

Click here for more information on the Joint Interim Standing Committee on Natural Resources and here for the Subcommittee on Public Lands.

In a majority opinion, the Nevada Supreme Court on June 16th approved a groundwater management plan for Diamond Valley in Eureka County. This was an appeal from a the Seventh Judicial District Court, Eureka County, order granting petitions for judicial review. The State Engineer, under NRS 534.037 and NRS 534.110(7), approved a groundwater-management plan for the Diamond Valley Basin as Order 1302. Pursuant to a petition for judicial review, the district court concluded that Order 1302 violated provisions of Nevada law, including the prior appropriation doctrine, vested surface-water rights, the beneficial use statute, and permitting statutes.

Justices Hardesty, Stiglich, Cadish and Herndon opined that the Legislature enacted NRS 534.037 and NRS 534.110(7) to address the critical water shortages in Nevada’s over-appropriated basins and that the statutes plainly give the State Engineer discretion to approve a GMP that does not strictly comply with Nevada’s statutory water scheme or strictly adhere to the doctrine of prior appropriation. The Justices also stated they recognize that their opinion will significantly affect water management in Nevada but are of the belief, however, that-given the arid nature of this State-it is particularly important that they effectuate the plain meaning of a statute that encourages the sustainable use of water. They further opined that the GMP is a community-based solution to the long-term water shortages in Diamond Valley and that because the GMP complies with NRS 534.037 and NRS 534.110(7), it is valid.

In separate dissents, Chief Justice Parraguirre and Justice Pickering argued the law doesn’t plainly and unambiguously give the state engineer the power to depart from long standing rules basing priority on when the water rights were appropriated to the holder and also argued the plan allows an unconstitutional “taking” of private property without just compensation. Both dissenting opinions were joined by Justice Silver.

Key Points

• January through March 2022 was the driest on record for these three months for much of California and Nevada. The dry end of the wet season leaves California and parts of Nevada in a third year of drought—with drought conditions worse in California than a year ago according to the U.S. Drought Monitor. 
• Since October 2019, the beginning of the current drought, much of the region is missing over half a year’s worth of normal precipitation. Some locations are missing as much as 1.25–1.75 years’ worth of precipitation.
• In NOAA’s spring outlook, for the second year in a row forecasters predict prolonged, persistent drought in the West, including California and Nevada. Significant wildland fire potential is forecasted for parts of the region starting in May.
• Drought impacts will continue to intensify and expand given a third dry year. Applying lessons learned from past droughts and drought preparedness are key.

Click here to read the April 8th Update.