MINUTES OF THE ASSEMBLY COMMITTEE ON NATURAL RESOURCES, AGRICULTURE AND MINING Sixty-eighth Session April 10, 1995 The Committee on Natural Resources, Agriculture and Mining was called to order at 1:15 p.m., on Monday, April 10, 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. David E. Humke Mr. P.M. Roy Neighbors Mr. Brian Sandoval Mrs. Gene Wines Segerblom STAFF MEMBERS PRESENT: David S. Ziegler, Senior Research Analyst OTHERS PRESENT: Doug Busselman, Nevada Farm Bureau; Hugh Ricci, Deputy State Engineer; Stephanie D. Licht, Nevada Wool Growers; Joseph Guild, Cattlemen Association. The meeting was called to order by Chairman Marcia de Braga. Roll call was taken. SENATE BILL 97 - Defines "subsisting right" to water livestock. Mr. Hugh Ricci, Deputy State Engineer, Division of Water Resources, said they had no objections to the amendments. He said they wanted to make clear a "subsisting right" was not a new type of "right." Between 1993 and today a "subsisting right" was defined and interpreted as something different than an "appropriated right" or "prestatutory right." A "subsisting right" would fall into one of the two catagories and was not something different. Mr. Ricci said they found nothing objectionable with the bill. Mr. Sandoval asked what would constitute an abandonment or forfeiture. Mr. Ricci referred to sections of water law NRS 533. and NRS 534. where there was a description of how abandonment occurs on surface water rights and the subsequent forfeiture of the right. The abandonment right under NRS 534. regarding groundwater law was clear by stating five consecutive years of non use constitutes forfeiture of that particular right. The surface water portion of NRS 533. has to be shown to be abandoned and then all rights to that water would be forfeited. Mr. Doug Busselman, Executive Vice President, Nevada Farm Bureau, spoke in support of S.B. 97. He stated in the last legislative session the Farm Bureau was involved in legislation mentioned earlier which brought into place the mechanics of how one proves vested water right by showing that livestock use the water and have used it since before the statute was passed. Mr. Joe Guild, Nevada Cattlemen's Association, also urged support of S.B. 97 Mrs. de Braga asked if subsisting was defined anywhere. Mr. Ricci said there was not a definition in the statutes as a "subsisting right." He noted, what Nevada Revised Statute 533.492 did in 1993 was to state the manner in which a "subsisting right" was proven. It also tried to clarify the ambiguity of what a "subsisting right" meant by adding the word "existing" and then "existing vested right." The bill clarified what the 1993 Legislature passed in showing what a "subsisting right" would be. Mr. Guild did not know if the reason for the amendment to the bill had been explained. He said when the bill was first proposed there was an unclear provision in the original bill in the Senate as to what exactly the "subsisting right" was. Added to the bill were the words "vested.........that has not been abandoned or forfeited," which would make it clear the water right had actually been used for a number of years. It would not be creating a new water right, just recognizing the "subsisting right" had existed for a number of years. Mr. Guild had followed the issue closely during the interim water study meetings and had helped to draft the legislation. Mr. Bennett asked Mr. Guild who did the "vesting." Mr. Guild replied, the state water engineer. Mrs. Ohrenschall asked if the bill simply makes the de jure, what already exists de facto, under subsisting rights. Mr. Guild said yes and no. He said as he understood the process, there are subsisting water rights which have existed since livestock were in the state of Nevada. Those rights to water livestock sometimes were separate from an appropriated right. Primarily they involve springs, seeps, ephemeral streams and in effect making the de jure which was de facto , but there were instances in the past which were unclear if a livestock operator actually did have a water right to water livestock, and this would allow the state engineer to issue permits to make it a right. Mrs. Ohrenschall asked if a "subsisting right" under this cohabit the same water which would be the subject of an appropriation of somebody else. Mr. Guild said no. Mr. Carpenter said it was important to draw the distinction, a vested water right was a water right people were using before the water law came into being, before 1905. Mr. Guild thanked Mr. Carpenter and noted there were pre-statutory water rights in the state of Nevada and those were the rights the committee was looking at. Ms. Stephanie Licht, Nevada Woolgrowers, supported S.B. 97. Chairman de Braga asked if anyone wished to speak for or against S.B. 97. The hearing was closed on S.B. 97. ASSEMBLYMAN OHRENSCHALL MOVED TO DO PASS S.B. 97. ASSEMBLYMAN HUMKE SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY BY ALL THOSE PRESENT. Mrs. Ohrenschall was asked to do the floor statement on S.B. 97. Mr. Ziegler spoke on bills included in the work session from (Exhibit C). ASSEMBLY BILL 178 - Revises certain requirements for defining boundaries of mining claims. Mr. Ziegler said he had received letters from Russ Fields from the Division of Minerals and also from Cy Wilsey and Susie Mason, Nevada Landmen's Association (Exhibit D), and they all support the amendments as drafted on A.B. 178. There were no adverse comments on the amendments. No action needed to be taken if the committee was in agreement with the amendments. Action had already been taken as an Amend and Do Pass earlier. Mrs. de Braga asked Mr. Neighbors to handle A.B. 178 on the floor unless Mr. Marvel the maker of the bill would like to do so. SENATE JOINT RESOLUTION 9 - Expresses support of Nevada Legislature for exchanges of land involving Bureau of Land Management and Colorado River Commission which would result in additional land for Laughlin. Mr. Ziegler said there was a question regarding school land , sections 16 and 32. Mr. Lopez , Attorney General for the Colorado River Commission, submitted a written answer which appeared on page 3 of the work session document. Mr. Ziegler did not know of any other questions the committee wanted answered. Mrs. de Braga said they had talked about the idea of land being annexed or purchased from the BLM. She said the understanding would be it was an involved process and might delay additional land for Laughlin. Mrs. Segerblom said it was very important for Laughlin to obtain the land for affordable housing. She asked not to prolong the issue by two years or longer, a year would be even too long. ASSEMBLYMAN SEGERBLOM MOVED TO DO PASS S.J.R. 9. ASSEMBLYMAN FETTIC SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY BY ALL THOSE PRESENT. SENATE JOINT RESOLUTION 16 - Urges Congress to maintain United States Geological Survey. Mr. Ziegler said Mr. Morros of the Conservation and Natural Resources testified on April 3 the cooperation between the USGA and the State Engineer was an important part of the decision making process. ASSEMBLYMAN NEIGHBORS MOVED TO DO PASS S.J.R. 16. ASSEMBLYMAN BACHE SECONDED THE MOTION. Mr. Bennett advised Mr. Morros to have another plan as Congress could still cut the USGA. Mr. Humke would vote no on the issue for reasons he stated at the hearing. Mr. Neighbors explained the USGA had given Nye County a great deal of information and they had a good working relationship with them. Mr. Bache noted it was very important as the state of Nevada would have to pay the additional fees if USGA was cut. Mr. Humke said he would make one argument. If one were opposed to unfunded mandates then the issue would need to be looked at honestly when Congress decided to make cuts. There were other options available. If Congress was willing to make cuts we should not send the word out that this would not be a good cut to make. THE MOTION CARRIED. (ASSEMBLYMAN HUMKE VOTED NO.) SENATE JOINT RESOLUTION 1- Claims sovereignty of State of Nevada over all powers not enumerated and delegated to Federal Government by Constitution of United States. ASSEMBLYMAN BENNETT MOVED TO DO PASS S.J.R. 1. ASSEMBLYMAN OHRENSCHALL SECONDED THE MOTION. Mr. Bache reported he had talked to the legal division regarding SJR 1. He said all the resolution would do would reaffirm our right as a state to use the 10th Amendment. It did not grant Nevada title to Federal lands and did not do any of the other things which many of the people supporting the bill claimed. THE MOTION CARRIED UNANIMOUSLY BY ALL THOSE PRESENT. Mr. Bennett will offer the floor statement for SJR 1. SENATE JOINT RESOLUTION 27 OF THE 67TH SESSION - Proposes to amend ordinance of Nevada constitution to repeal disclaimer of interest of state in unappropriated public lands. ASSEMBLYMAN BACHE MOVED TO DO PASS S.J.R. 27 OF THE 67TH SESSION. ASSEMBLYMAN BENNETT SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY ALL THOSE PRESENT. ******** Chairman de Braga asked for an approval of the minutes through March 20, 1995. ASSEMBLYMAN OHRENSCHALL MOVED TO APPROVE THE MINUTES THROUGH MARCH 20, 1995. ASSEMBLYMAN CARPENTER SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY ALL THOSE PRESENT. ******** Chairman de Braga informed the committee of committee introductions. The first one related to solid waste. ASSEMBLYMAN NEIGHBORS MOVED TO INTRODUCE BILL DRAFT REQUEST 40-1826. ASSEMBLYMAN BENNETT SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY ALL THOSE PRESENT. ******** The second request relates to phosphate in laundering. ASSEMBLYMAN BACHE MOVED TO INTRODUCE BILL DRAFT REQUEST 40-184. ASSEMBLYMAN FETTIC SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY ALL THOSE PRESENT. ******** Mr. Carpenter asked for approval of a bill draft for Elk control by NDOW regarding the numbers agreed upon. ASSEMBLYMAN BACHE MOVED FOR COMMITTEE INTRODUCTION OF A BILL FOR ELK CONTROL. ASSEMBLYMAN BENNETT SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY ALL THOSE PRESENT. ******** Mr. Carpenter would like approval for another bill draft regarding the Underground Storage Tanks. ASSEMBLYMAN OHRENSCHALL MOVED FOR COMMITTEE INTRODUCTION OF A BILL REGARDING UNDERGROUND STORAGE TANKS. ASSEMBLYMAN NEIGHBORS SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY ALL THOSE PRESENT. The meeting was adjourned AT 2:30 P.M. RESPECTFULLY SUBMITTED: ____________________________ Pat Menath, Committee Secretary _________________________________________ Assemblyman John C. Carpenter, Chairman ________________________________________ Assemblyman Marcia de Braga, Chairman Assembly Committee on Natural Resources, Agriculture and Mining April 10, 1995 Page