MINUTES OF THE ASSEMBLY COMMITTEE ON GOVERNMENT AFFAIRS Sixty-eighth Session April 18, 1995 The Committee on Government Affairs was called to order at 8:00 a.m., on Tuesday, April 18, 1995, Chairman Lambert presiding in Room 330 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Mr. Douglas A. Bache, Chairman Mrs. Joan A. Lambert, Chairman Mrs. Deanna Braunlin, Vice Chairman Mr. P.M. Roy Neighbors, Vice Chairman Mr. Max Bennett Mrs. Marcia de Braga Mr. Pete Ernaut Mrs. Vivian L. Freeman Mr. William Z. (Bill) Harrington Ms. Saundra (Sandi) Krenzer Mr. Dennis Nolan Mrs. Gene Wines Segerblom Mrs. Patricia A. Tripple Mr. Wendell P. Williams GUEST LEGISLATORS PRESENT: Senator Mark James STAFF MEMBERS PRESENT: None OTHERS PRESENT: Hugh Ricci/Nevada Division of Water Resources Barbara Curti, President/Nevada Farm Bureau Brian Wallace, Chairman/Washoe Tribe of NV/CA Chairman Lambert asked Senator Mark James to introduce the following bills which came from the interim study on water: SENATE BILL 98 - Revises provisions governing approval by state engineer of application for permit to appropriate water. Senator James explained S.B. 98 would add an additional criteria to requirements that have to be reviewed by the State Engineer before granting a permit application to appropriate water or change the use of water under NRS, Section 533.370. Under current law the financial ability to construct work of improvement with reasonable diligence is a requirement; S.B. 98 would take that type of requirement one step further in requiring the person to indicate he had the ability and the expectation to actually apply the water to beneficial use. Senator James further indicated this would not eliminate the ability to invest in water rights as there was still an active market in water rights in Nevada, but it would take a little bit of speculation from the system by ensuring that water could not be tied up for long periods of time without any beneficial use or any expectation of beneficial use. Committee discussion ensued. The primary issue in question was the term "intended beneficial use." Senator James explained there were only so many recognized beneficial uses for water in Nevada, i.e., municipal, industrial, irrigation and stock watering. He noted a person was required to set forth in the application the reason for applying for water...that constitutes the "intended beneficial use." SENATE JOINT RESOLUTION 12 - Urges Federal Government to adhere to states' laws governing use, allocation, management and protection of water. As a member of the Interim Study Committee, Senator James explained S.J.R. 12 addressed the whole issue of state vs. federal control of water rights. He noted there had been several federal actions in the past few years with respect to federally controlled public lands and water rights thereon; great concern resulted among western states that the federal government may be beginning to take a position that would encroach on states' control of the use, allocation and management of water. When the west was settled, the federal government held title and control of a great amount of western lands, but the attempt was not made to exert control or ownership over water rights. It was specifically said that states' laws would govern water rights, allocation, use and management, even on federal lands. So, for the federal government to acquire water rights, they must go through the state water system. Senator James took committee members step by step through the resolution, describing its intent. Committee discussion ensued. Responding to a concern from Mr. Bennett, Senator James did not think the resolution addressed interstate compacts and decrees on the Colorado River; the resolution was just asking the federal government to recognize state law as it relates to water rights. Senator James declared another aspect of this remains in the Senate Natural Resources Committee as a subject of debate as whether to adopt a 3-way law into statute or whether it should be a two-way bill. SENATE BILL 98 - Revises provisions governing approval by state engineer of application for permit to appropriate water. Chairman Lambert re-opened the hearing on S.B. 98 and called upon Hugh Ricci, Deputy State Engineer with the Division of Water Resources. Mr. Ricci stated the State Engineer's Office supports S.B. 98 with the amendment (meaning subsection 3). He noted it would enhance the State Engineer's ability to try to find out which applications are made by people who really do have a project or some way to put water to use. Responding to an inquiry from Mr. Neighbors as to what happens to the application when the original intended use changes, Mr. Ricci explained the whole idea of the application process is for someone to identify a specific use at a specific location. Final decision is made on that...and not allowing a change to be made later on during the application process. In other words, a project has to have some end in sight as to putting that water to use. Many questions were put to Mr. Ricci including those of a hypothetical nature. Mr. Ricci emphasized the fact that Section 3 of S.B. 98 had the enabling effect of being able to look beyond the construction of the work as to whether a person actually had the ability to put the water to beneficial use. Mrs. Lambert's inquiry was, "Why leave Section 1, subsection 2 in when subsection 3 is added. And, why should a stricter standard be applied to every application that comes before the State Engineer than you do in (2) to only the large ones. So, do we take away the (2) size restriction, or do we put a size restriction in (3) also?" She asked Mr. Ricci to research those inquiries. SENATE BILL 99 - Revises definition of "domestic use" for purposes of statutes governing underground water and wells. Mr. Ricci explained S.B. 99 resulted from a number of requests in the past, most of them dealing with extreme hardship cases where an infirmed member of the immediate family needed to be moved next to a family member on the same lot where the same domestic well served the main residence. The definition of domestic use in the statute was very specific in that it was for a single family dwelling unit. S.B. 99 attempts to clarify the incidental uses. With that determination an additional requirement would necessitate a meter being installed to ensure that the statutory amount of 1800 gallons per day would not be exceeded. Committee discussion ensued. Mrs. Lambert commented Clark County is the only county in the state that has revokable permits for community wells allowing four houses on one well. All others have single domestic wells. Mr. Ricci explained one point of discussion in the hearings on S.B. 99 involved a factor whereby a lot could not be divided; a house could be built....have a domestic well....then build another house and use that same domestic well, and then split that lot. "You would now have two lots...one domestic well...two different owners." Mrs. Lambert asked that Mr. Ricci's office produce language that would better clarify the original intention. SENATE JOINT RESOLUTION 12 - Urges Federal Government to adhere to states' laws governing use, allocation, management and protection of water. Mrs. Lambert re-opened the hearing on S.J.R. 12. Barbara Curti, President of the Nevada Farm Bureau, stated with the increasing intrusion of the federal government into more aspects of our daily lives, both business and personal, the message of S.J.R. 12 is appropriate. Her testimony is submitted as Exhibit C. Mr. Brian Wallace, Chairman of the Washoe Tribe of Nevada/California, spoke in support of S.J.R. 12. He submitted a letter written to Alan Melendez, Tribal Chairman, from Senator Rhoads regarding federal trust relationship with the Indian tribes in order to alleviate concerns expressed in testimony before the Senate Committee on Natural Resources (see Exhibit D). In response to Mr. Bennett's concerns involving the Colorado River Commission, Mrs. Lambert asked him to fax a copy of the resolution to the Colorado River Commission and the issue would be brought before the work session next week. WORK SESSION ASSEMBLY BILL 36 - Revises provisions governing inspection of certain records in state archives. Mrs. Braunlin reported the subcommittee's recommendation: An amendment was passed unanimously by subcommittee members (attachment "A" in Exhibit E). The only change was in Section 1, 2 (a) whereby records would not be completely open to the public until ten years after the date of transfer from the governor's office to the State Archives. MR. ERNAUT MOVED AMEND AND DO PASS ON A.B. 36. MR. BACHE SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY ********** ASSEMBLY BILL 44 - Revises provisions governing forfeiture of annual leave by state employees. Mr. Ernaut reported there had been a problem historically where people would not take their annual leave and would be compensated an extra month's salary for the thirty days they did not take off. A.B. 44 would restrict the privilege to one year. MR. ERNAUT MOVED DO PASS ON A.B. 44. MR. NEIGHBORS SECONDED THE MOTION. THE MOTION CARRIED WITH ASSEMBLYMEN BACHE, FREEMAN AND WILLIAMS VOTING NO. ********** ASSEMBLY BILL 77 - Exempts purchase by local government from industry program in correctional institution in this state from local government purchasing act. Mr. Bache provided information pertaining to Prison Industries' products and inmate wage ranges (Exhibit E, attachment B). MR. HARRINGTON MOVED TO INDEFINITELY POSTPONE A.B. 77. MRS. BRAUNLIN SECONDED THE MOTION. THE MOTION CARRIED WITH ASSEMBLYMEN SEGERBLOM, BACHE AND LAMBERT VOTING NO. ********** ASSEMBLY BILL 204 - Requires one commissioner of each housing authority to be tenant of project of authority. Mr. Williams gave an explanation of the proposed amendment (Exhibit E, attachment C). In addition, he added, in Section 3 the language should be the same as the proposed language. MR. BACHE MOVED AMEND AND DO PASS A.B. 204. MR. ERNAUT SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ********** ASSEMBLY BILL 341 - Makes various changes concerning group insurance coverage of trustees of school districts. Mr. Neighbors read the proposed amendment to A.B. 341. MR. ERNAUT MOVED AMEND AND DO PASS ON A.B. 341. MR. WILLIAMS SECONDED THE MOTION. THE MOTION CARRIED WITH MS. KRENZER ABSTAINING. ********** ASSEMBLY BILL 356 - Revises provisions governing issuance of municipal obligations. The proposed amendment to A.B. 356 is submitted as Exhibit E, attachment E. MR. ERNAUT MOVED AMEND AND DO PASS ON A.B. 356. MR. WILLIAMS SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ********** ASSEMBLY BILL 358 - Repeals provisions authorizing general improvement district to furnish facilities for public schools. MR. BACHE MOVED DO PASS ON A.B. 358. MR. HARRINGTON SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ********** ASSEMBLY BILL 370 - Revises provisions governing alternative procedure for creation of local improvement district. MRS. FREEMAN MOVED DO PASS ON A.B. 370. MR. HARRINGTON SECONDED THE MOTION. THE MOTION CARRIED WITH MRS. LAMBERT VOTING NO. ********** ASSEMBLY BILL 382 - Makes various changes to provisions governing local improvement districts. Mrs. Lambert explained the proposed amendment to A.B. 382 (Exhibit E, attachment F). MR. ERNAUT MOVED AMEND AND DO PASS ON A.B. 382. MR. BENNETT SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ********** ASSEMBLY BILL 276 - Prohibits public utility which furnishes telephone service from terminating access to 911 emergency telephone number or other emergency telephone service after service is terminated for nonpayment. Mr. Nolan reported the subcommittee had made recommendations on A.B. 276. Mr. Arberry, author of the bill, was unable to attend the subcommittee meeting but will have amended language for the committee to consider. The meeting adjourned at 9:58 a.m. RESPECTFULLY SUBMITTED: Christine Shaw, Committee Secretary APPROVED BY: ______________________________ Assemblyman Lambert, Chairman _______________________________ Assemblyman Bache, Chairman Assembly Committee on Government Affairs April 18, 1995 Page