Lincoln County Water District
181 Main Street, Suite 115
P.O. Box 206
Pioche, NV 89043
MINUTES - LINCOLN COUNTY WATER DISTRICT (LCWD)
THURSDAY, SEPTEMBER 26, 2013 10:00 A.M.
COMMISSION CHAMBERS, LINCOLN COUNTY COURTHOUSE, PIOCHE, NV
September 26, 2013
Action may be taken on items denoted with an asterisk*.
- *Call to order, open meeting compliance, roll call, prayer and pledge of allegiance.
Meeting called to order at 10:03 a.m. Present: Paul Donohue, Kevin J. Phillips, Adam Katschke, Paul H. Mathews, Wade Poulsen-General Manager, Dylan Frehner-Legal Counsel, and Shannon Simpson-Administrative Assistant. Absent: E. Edwin Higbee, Jr. Prayer: Paul Donohue. Pledge: Kevin Phillips.
- Public Comment and Discussion. No public comment.
- *Discussion/Possible Action: Approve/Modify minutes from the Lincoln County Water District (LCWD) June 26, 2013, meeting.
Motion by Kevin Phillips to approve the June 26, 2013, meeting minutes, 2nd by Paul Donohue, motion passes unanimously.
- *Discussion/Possible Action: Approval of vouchers paid on check dates July 15, August 5 & 19, September 9 & 16, 2013.
Motion by Adam Katschke to approve the payment of vouchers for check dates July 15, August 5 & 19, September 9 & 16, 2013, 2nd by Kevin Phillips, motion passes unanimously.
- 5. Discussion: Board and Staff member reports:
• Looking to obtain water rights in the different water basins. No further conversations with people. Either they want an extraordinary amount of money for their water rights or they don’t get back with them (Wade or Dylan). They have a lead on potential groundwater rights for sale in Pahranagat Valley that Ed Higbee is looking into. Dylan said there is a potential of going out to Sand Springs Valley (Rachel). Mr. Toreson has 2500 a.f. of water rights.
• Meeting scheduled next week in Pioche with Virgin Valley Water District’s (VVWD) new General Manager, Kevin Brown, and Joe Davis, Moapa Valley Water District’s General Manager. Starting to meet on a quarterly basis to discuss the issues from a regional perspective regarding legislation on water, what we can do to help each other, obtaining and showing more of a united front in this part of the country.
• VVWD would like to wait until November/December to meet and discuss potential agreements with them.
• Mark Teepen from BLT met with VVWD and their General Manager to discuss that issue. Board of VVWD and Trustee Craig Hafen brought up at their meeting that the City of Mesquite is very willing to work with the LCWD to help further development.
• Working with Cory Lytle, Lincoln County Building Department, on the Panaca Elementary Building. Cory is getting bids for the HVAC and different services that need to be done to the building. From the LCWD perspective waiting for the County to give LCWD an amount of what they need to get the building in working order and once we have that ironed out we can bring it together with a lease to the County. LCWD would lease two rooms on the southwest side of the building; the ones that have outside access.
• Next month, October 16 & 17, 2013, there is a rural development seminar in Reno. Open space for a Commissioner to attend with Wade. Seminar specifically focusing on the development of rural Nevada.
• Central Nevada Rural Water Association annual conference in Bishop, CA, October 17-18. Wade will be attending this also. Focusing on Owens Valley.
• October meeting rescheduled for Tuesday, October 22, 2013, 10:00 a.m.
• Introduced Vern Holaday-Chairman of the Alamo Sewer and Water GID.
• August 8, met with the State Engineer regarding the City of Caliente.
• August 15, met with the City of Caliente.
• September 4, Transwestern EIS meeting in Panaca.
• September 9, met with Vidler.
• Oct. 7, meeting with Panaca Farmstead about some general issues in regards to accessing the water that they have especially due to the loss of Caliente’s certificated water rights.
- Vidler Update.
• Last Friday submitted the Plan of Development for the Power Plant site to BLM for Toquop.
• Submitted revised monitoring plan to the State Engineer for Tule Desert. Requirement of the stipulation. Plan not satisfactory according to Rick Felling-Chief Engineer for the State Engineer. They feel that additional monitoring wells need to be placed in Tule Desert to define the impact of pumping the two points of diversion that we have. They feel that the existing wells were designed for water quality and quantity and not for monitoring effects of PW 1 & 2. This is if we want to pump more than 5000 a.f.
• Submitted change application in Tule Desert for the place of use to include the land act and the Toquop energy site.
• Kane Springs spoke with State Engineer about change application and a basin inventory needs to be completed and submitted before he will approve. No one protested the change application. A basin inventory is going through all of their records and finding all of the permits and certificates whether stock water or quasi-municipal locating the perennial yield, subtract the two and it shows the availability of water there. You also have to do a spring inventory; go around the basin and try to find all the springs and measure flow to see if there is any additional water available in the basin. This is a new NRS requirement (2008) and only for inter-basin transfers. Since we are transferring from Kane to Coyote an inter-basin transfer will need to be done unless the permit was granted before 2008.
• Dry Lake we will be able to prove beneficial use from farming out there. Believes they will be using construction water for their receipting efforts on the power line project.
• Clover, Coal, and Garden are continuing to be monitored.
- *Discussion/Possible Action: Request to work with NV State Senator Pete Goicoechea on drafting legislation clarifying Nevada State Engineer’s authority to modify certificated water rights and other related matters.
• Item placed on agenda due to the situation that occurred with the City of Caliente and the State Engineer moving certificated water rights back to a permit stage. The State Engineer said that the certificated water rights did not have a measurement of water; they were not assigned a duty. The LCWD considers a c.f.s. (cubic feet per second) as a limit of water not a measurement of water use.
• There is a forfeiture procedure that the State Engineer has to follow, it is a law, if they forfeit water rights they have to go through a process. The City of Caliente’s water rights never went through this process.
• Wade feels like there is room to improve the water law so that the State Engineer can make a better informed and clearer decision when it comes to this. Senator Goicoechea also feels that municipalities and people should not loose water rights that have been certificated.
• This agenda item is being presented so that the LCWD staff can work with Senator Goicoechea and others to form language to go to the next legislature to help clean up this issue.
Motion by Kevin Phillips to approve the request to work with NV State Senator Pete Goicoechea and others on drafting legislation clarifying Nevada State Engineer’s authority to modify certificated water rights and other related matters, 2nd by Paul Donohue, motion passes unanimously.
- *Discussion/Possible Action: Proposed inter-local agreement with municipal water purveyors in Lincoln County for coordination and/or providing of certain services, including but not limited to management and professional services.
• Reviewed draft Memorandum of Understanding (MOU) to present to Panaca Farmstead. It is a non-binding agreement that will hopefully help us to start talking/working together especially after what happened with the City of Caliente and their water rights.
• Earlier this year the Panaca Farmstead directed their attorney at the time, Brett Whipple, to discuss with the LCWD drafting a MOA and it has not been done. Hopefully, this is what the MOU will accomplish.
Motion by Kevin Phillips to approve the proposed inter-local agreement with municipal water purveyors in Lincoln County for coordination and/or providing of certain services, including but not limited to management and professional services, 2nd by Adam Katschke, motion passes unanimously.
- *Discussion/Possible Action: Coyote Springs General Improvement District consolidation efforts
• Dylan - Last time this was discussed there was some conversation about bringing some form of agreement back to the Board. In going back to minutes there was never any clear direction in what the Board wants us to do. Dylan doesn’t want to go forward with any agreements until there is clear direction.
• Emilia Cargill – Senior Vice President & General Counsel for Coyote Springs Land – Presented letter and discussed contents. Wants discussions to move forward.
• Lengthy discussion amongst Board, staff, Cory Lytle, and Emilia Cargill as to what each party wants, how to proceed, and how soon.
Motion by Paul Donohue for the LCWD to make a proposal to the Coyote Springs General Improvement District to be their purveyor of water, 2nd by Adam, motion, passes unanimously.
- *Discussion/Possible Action: Transwest Express Transmission Project Environmental Impact Statement comments on proposed alternate routes in Lincoln County.
Motion by Paul Donohue to approve the Transwest Express Transmission Project Environmental Impact Statement comments on proposed alternate routes in Lincoln County, 2nd by Kevin Phillips, motion passes unanimously.
- *Discussion/Possible Action: Hiring of a company to update the 2001 Lincoln County Water Resource Plan.
• This process has been in the works for several years. The Lincoln County Water Resource Plan was done in 2001 and has not been updated.
• Wade would like to engage a couple of companies to update the plan, obtain some costs, and bring back to the Board.
• Cost approximately $20,000.00, for an amendment. Decide to either update the current plan or do a new plan? Will look at the cost.
• Paul Donohue recommends that we do a five year plan so we don’t get caught up on a long-term plan that may become outdated.
Motion by Paul Donohue to approve the hiring of a company to update the 2001 Lincoln County Water Resource Plan, 2nd by Adam Katschke, motion passes unanimously.
- Public Comment and Discussion. No public comment.
- *Adjourn. Meeting adjourned at 11:23 a.m.
Minutes submitted for approval on October 22, 2013, by Shannon Simpson, LCWD Administrative Assistant. /s/ Shannon M. Simpson
Approved by: /s/