MINUTES OF THE ASSEMBLY COMMITTEE ON NATURAL RESOURCES, AGRICULTURE AND MINING Sixty-eighth Session January 30, 1995 The Committee on Natural Resources, Agriculture and Mining was called to order at 1:15 p.m., on Monday, January 30, 1995, Chairman Marcia de Braga presiding in Room 321 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Mr. John C. Carpenter, Chairman Mrs. Marcia de Braga, Chairman Mr. Max Bennett, Vice Chairman Mrs. Genie Ohrenschall, Vice Chairman Mr. Douglas A. Bache Mr. Thomas A. Fettic Mr. P.M. Roy Neighbors Mr. Brian Sandoval Mrs. Gene Wines Segerblom COMMITTEE MEMBERS ABSENT: Mr. David E. Humke GUEST LEGISLATORS PRESENT: None STAFF MEMBERS PRESENT: David S. Ziegler, Senior Research Analyst OTHERS PRESENT: Louis A. Lani, Lander County Sewer and Water II; Steve Mahoney, Nevada Division of Agriculture; Doug Busselman, Nevada Farm Bureau. Chairman de Braga called the meeting to order and roll call was taken. She informed the committee a quorum was present. Mrs. de Braga explained to the committee A.B.10 was requested by Lander County Sewer and Water District II. The bill allowed for a revision in the existing statutes which included unincorporated areas and general improvement districts of the state. Mr. Louis Lani who requested the bill was introduced and asked to come forward to testify. ASSEMBLY BILL 10- Revises provisions prohibiting herding or grazing of livestock on land near municipal water supply. Mr. Lani said he requested a change in A.B. 10 to strengthen the bill. The district has had problems with federal agencies on the literal interpretation of municipalities. The federal interpretation allowed those agencies to open the fee structure and charge what they wanted. The interpretation also allowed them to regulate the number of livestock within given watersheds. Mr. Lani felt federal agencies were trying to remove water rights from the town of Austin. He also believed the federal agencies by using the Safe Water Act would control Austin's water sources. Mrs. de Braga asked Mr. Lani the difference between an unincorporated area and an incorporated area according to those who oppose it. Fees on special use permits are generated on income when classified as a municipality or incorporated area replied Mr. Lani. Mr. Bennett asked what federal mandates were being used to remove the water rights of Austin. Mr. Lani explained by ordinance the Lander County Commissioners can fence a one mile square around the watersheds to protect them. The Forest Service has some liability in helping Lander County to fence part of the spring sources. The Forest Service would like to keep the springs open for grazing and in doing so contaminate the water. Mr. Lani felt personally the Forest Service and Bureau of Land Management were using this tool to revoke Austin's water rights and force the town off of Forest Service and BLM property. Mrs. de Braga asked if the water supply was on Forest Service and BLM land. Mr. Lani said they had wells on land operated by both. Mr. Fettic asked if Austin fell under the Safe Water Act. Mr. Lani explained because of the direct surface water and livestock drinking and grazing their water would not comply with the Safe Water Act. Mr. Steve Mahoney, Chief, Bureau of Livestock Identification, Nevada Division of Agriculture, stated his division was there to protect the interests of the livestock and agricultural community as to the purpose of A.B. 10. He said unless there were other areas of the bill he did not understand the division would remain neutral. Chairman de Braga went over the changes of language in the bill to confirm Mr. Mahoney's understanding of A.B. 10 and she felt it would strengthen the law as it regards ranchers. Mr. Bennett asked Mr. Ziegler, Senior Research Analyst, about the change in language from "shall" to "must." He stated it was an editorial change to conform with statutes. Mr. Bache reiterated by stating "shall" was a "Daykinism" used by a prior director of the Legislative Counsel Bureau, Fred Daykin. The present director felt "must" was a better term as "shall" left some legal room for permissiveness. When statutes were being amended, "shall" would be changed to "must." A great deal of discussion took place regarding the ownership of the water sources. The consensus was an unincorporated town would not own the water rights. Lander County would be the legal owner of the water sources for Austin. Mr. Ziegler was asked to research the issue. Mr. Darrell Rasner, Chief, Bureau of Health Protection Services, Nevada Division of Health testified in support of A.B. 10 (Exhibit C). Mr. Carpenter said he did not see where the legislation implied livestock would be running at large, but he asked if the water sources should not be fenced. Mr. Rasner said the only fencing requirements were for a 100 foot minimum around the spring source. Discussion ensued regarding the contamination of water source by livestock and the fencing of the source. Mr. Carpenter felt A.B. 10 should be examined in greater detail. Chairman de Braga closed the hearing on A.B.10 and appointed a subcommittee to make recommendations on the bill. Members of the subcommittee consist of Mr. Carpenter, Chairman, Mr. Neighbors, Mr. Sandoval and Mr. Fettic members. Chairman de Braga asked the committee to consider an introduction of bill draft request number 45-555. The request makes various changes to provisions governing license agents of Division of Wildlife of Nevada State Department of Conservation and Natural Resources. ASSEMBLYMAN BACHE MOVED TO INTRODUCE BILL DRAFT REQUEST 45-555. ASSEMBLYMAN CARPENTER SECONDED THE MOTION THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. ASSEMBLYMAN HUMKE WAS ABSENT AT THE TIME OF THE VOTE. There being no further business to come before committee, the meeting was adjourned at 1:45 p.m. RESPECTFULLY SUBMITTED: Pat Menath, Committee Secretary APPROVED BY: Assemblyman John C. Carpenter, Chairman Assemblyman Marcia de Braga, Chairman Assembly Committee on Natural Resources, Agriculture and Mining January 30, 1995 Page