Conjunctive Water Management Takes Shape In Regulations For Humboldt River Corridor

Nevada Farm Bureau Federation

Wednesday, July 19, 2017 – starting at 6:30 p.m.
Battle Mountain Civic Center
Battle Mountain, NV

Thursday, July 20, 2017 – starting at 6:30 p.m.
Elko County Conference Center
(New building behind the Elko Convention Center)
Elko, NV

Please plan to attend and also please share this information with others who will be impacted!

Conjunctive Water Management Takes Shape In Regulations For Humboldt River Corridor

Nevada Farm Bureau was contacted by the Nevada State Water Engineer’s office on July 3^rd to make us aware of plans, taking form through an administrative rulemaking process which will define how Humboldt River Decreed water rights and groundwater rights will be conjunctively managed. This administrative rulemaking process requires the need to obtain and consider the impact of a regulation on small businesses and this is the focus in current efforts.

The conjunctive water management system also includes the results of a four-year study by the U.S. Geological Survey and the Desert Research Institute, which is underway in the 34 groundwater basins that adjoin the Humboldt River corridor. This study seeks to identify which groundwater wells, on an individual basis, are connected to the surface water flows of the Humboldt River and the degree to which each well is interconnected. From the models established through this study, the impact of groundwater pumping from each well will be determined.

In the initial form of the planned regulation, the plan is to use the amount of impairment each groundwater well has on Humboldt River surface water rights. The mitigation would take the form of an annual financial assessment to be paid by each groundwater well to make the senior surface water right owners whole for their loss of water. Groundwater wells are junior water rights to the senior surface water rights and under Nevada’s prior appropriations law, the senior water rights cannot be impaired by junior water rights.

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From the information provided by the State Engineer, the preliminary analysis indicates that groundwater pumping from 8 to 12 miles of the river would be assessed through this program. The exact amount of the assessment cannot be determined until the hydrologic studies are completed (at the end of the 4-year study) and an analysis of water valuation (dollars per acre foot) is established.

While the preliminary determination for the proposed regulation is likely to be a significant economic burden, the impact would be less than an alternative of elimination of groundwater pumping which impacts water in the Humboldt River.

In litigation brought forward by the Pershing County Water Conservation District and currently before the 11^th Judicial District Court, initiated August 12, 2015 and amended in petition November 2, 2016, the court could rule the State Engineer to move forward with curtailment of groundwater pumping in 19 of the 34 groundwater basins. These groundwater basins would include:

Dixie Creek-Tenmile
Elko Segment
Maggie Creek
Boulder Flat
Lower Reese River Valley
Clovers Area
Paradise Valley
Winnemucca Segment
Grass Valley
Oreana Subarea
Lovelock Valley

In addition any groundwater right that depletes the Humboldt River, regardless of its priority, would be subject to curtailment.

Please contact Doug Busselman if you have questions… Office phone 1-800-992-1106, Cell phone (775) 870-3349 or email at doug@nvfb.org.


This may affect your Small Business
Conjunctive Water Management Takes Shape In Regulations For Humboldt River Corridor Nevada Farm Bureau Federation Wednesday, July 19, 2017 – starting at 6:30 p.m. Battle Mountain Civic Center Battle Mountain, NV Thursday, July 20, 2017 – starting at 6:30 p.m. Elko County Conference Center (New building behind the Elko Convention Center) Elko, NV Please plan to attend and also please share this information with others who will be impacted! Conjunctive Water Management Takes Shape In Regulations For Humboldt River Corridor Nevada Farm Bureau was contacted by the Nevada State Water Engineer’s office on July 3^rd to make us aware of plans, taking form through an administrative rulemaking process which will define how Humboldt River Decreed water rights and groundwater rights will be conjunctively managed. This administrative rulemaking process requires the need to obtain and consider the impact of a regulation on small businesses and this is the focus in current efforts. The conjunctive water management system also includes the results of a four-year study by the U.S. Geological Survey and the Desert Research Institute, which is underway in the 34 groundwater basins that adjoin the Humboldt River corridor. This study seeks to identify which groundwater wells, on an individual basis, are connected to the surface water flows of the Humboldt River and the degree to which each well is interconnected. From the models established through this study, the impact of groundwater pumping from each well will be determined. In the initial form of the planned regulation, the plan is to use the amount of impairment each groundwater well has on Humboldt River surface water rights. The mitigation would take the form of an annual financial assessment to be paid by each groundwater well to make the senior surface water right owners whole for their loss of water. Groundwater wells are junior water rights to the senior surface water rights and under Nevada’s prior appropriations law, the senior water rights cannot be impaired by junior water rights. Page 2: From the information provided by the State Engineer, the preliminary analysis indicates that groundwater pumping from 8 to 12 miles of the river would be assessed through this program. The exact amount of the assessment cannot be determined until the hydrologic studies are completed (at the end of the 4-year study) and an analysis of water valuation (dollars per acre foot) is established. While the preliminary determination for the proposed regulation is likely to be a significant economic burden, the impact would be less than an alternative of elimination of groundwater pumping which impacts water in the Humboldt River. In litigation brought forward by the Pershing County Water Conservation District and currently before the 11^th Judicial District Court, initiated August 12, 2015 and amended in petition November 2, 2016, the court could rule the State Engineer to move forward with curtailment of groundwater pumping in 19 of the 34 groundwater basins. These groundwater basins would include: Dixie Creek-Tenmile Elko Segment Maggie Creek Boulder Flat Lower Reese River Valley Clovers Area Paradise Valley Winnemucca Segment Grass Valley Oreana Subarea Lovelock Valley In addition any groundwater right that depletes the Humboldt River, regardless of its priority, would be subject to curtailment. Please contact Doug Busselman if you have questions… Office phone 1-800-992-1106, Cell phone (775) 870-3349 or email at doug@nvfb.org.
Battle Mountain Chamber of Commerce - This may affect your Small Business