MINUTES OF THE SENATE COMMITTEE ON NATURAL RESOURCES Sixty-eighth Session April 12, 1995 The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 1:30 p.m., on Wednesday, April 12, 1995, in Room 224 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Senator Dean A. Rhoads, Chairman Senator Lawrence E. Jacobsen, Vice Chairman Senator Mark A. James Senator Mike McGinness Senator Ernest E. Adler Senator John B. (Jack) Regan Senator O. C. Lee STAFF MEMBERS PRESENT: Fred Welden, Chief Deputy Research Analyst, Legislative Counsel Bureau Dana Bennett, Senior Research Analyst, Legislative Counsel Bureau Billie Brinkman, Committee Secretary OTHERS PRESENT: Gale Fraser, Chief Engineer and General Manager, Clark County Regional Flood Control District R. Michael Turnipseed, State Engineer, Division of Water Resources, State Department of Conservation and Natural Resources Jim Curran, Chief of Fisheries, Division of Wildlife, State Department of Conservation and Natural Resources Brenda Erdoes, Acting Legislative Counsel, Legislative Counsel Bureau Chairman Rhoads asked for a committee introduction of a bill draft request which would read: The Legislature hereby finds and declares that the use of potable domestic water for non-potable uses including, but not limited to, cemeteries, golf courses, parks, highways, landscaped areas, industrial and irrigation uses is a waste and an unreasonable use of the water. It requires effluent water be used for golf courses, parks, cemeteries, etc., rather than regular drinking water. SENATOR REGAN MOVED FOR COMMITTEE INTRODUCTION OF THE BILL DRAFT REQUEST. SENATOR JACOBSEN SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR ADLER AND SENATOR JAMES WERE ABSENT FOR THE VOTE.) ***** The hearing on Assembly Bill (A.B.) 146 was opened by Chairman Rhoads. ASSEMBLY BILL 146: Facilitates amendment of master plan of district for control of floods. (BDR 48-167) Gale Fraser, Chief Engineer and General Manager, Clark County Regional Flood Control District, came forward to testify in support of A.B. 146. Mr. Fraser read from prepared text (Exhibit C) and offered to answer questions. Chairman Rhoads asked how many members are currently on the Clark County Regional Flood District Board? Mr. Fraser reported the board presently has eight members. Chairman Rhoads clarified the change in the bill would allow for approval of actions by two-thirds of the board members present, when a quorum of at least five members was in attendance at a meeting. Therefore, the required number to make decisions would be two-thirds of a minimum of five, rather than two-thirds of eight. Chairman Rhoads asked if there was anyone else who wanted to testify on the bill. Since there was no more testimony, the hearing on A.B. 146 was closed. ***** The hearing on Assembly Bill 161 was opened. ASSEMBLY BILL 161: Authorizes person to fish using second combination of hook, line and rod under certain circumstances. (BDR 45-553) Jim Curran, Chief of Fisheries, Division of Wildlife, State Department of Conservation and Natural Resources, spoke in support of the bill. The purpose of the bill is to amend Nevada Revised Statutes (NRS) 503.290, to authorize anglers, if they wish, to purchase a stamp or permit which would allow them to fish in the waters of Nevada with a second combination of hook, line and reel. This is a voluntary option which would allow the anglers to expand their fishing opportunities and hopefully their catches. On all of the fishing waters of the state, the division manages harvest rate by establishing daily and possession limits, which maintain fish populations in healthy conditions. The trout stocking program in each water's yearly trout allocation is based upon the fishing pressure and the limit established every 2 years by the Board of Wildlife Commissioners. On many waters throughout the state, the allowable harvest of fish is much above what is being taken by the anglers, primarily because of fishing tackle restrictions and species of fish which are less susceptible to capture during many times of the year. Waters such as Lake Mead, Lake Mojave, Lake Tahoe, Wild Horse Reservoir, Lahontan Reservoir and Walker Lake are just a few examples where the anglers will be able to benefit from this statute change. This proposal has been reviewed several times by each of the 17 county wildlife advisory boards, as well as during wildlife commission meetings and has been well received. During 1993, the Arizona Department of Game and Fish enacted similar regulations. At this time nearly 50 percent of the Arizona anglers are using this option. Effective January 1, 1995, California anglers also have the option of purchasing a stamp to allow them to use two rods on their lakes and reservoirs. Reports in California, to date, indicate the program has been very popular, although total sales have not yet been compiled. Since Lake Mead and Lake Mojave are situated in both Arizona and Nevada and Lake Tahoe and Topaz Reservoir are situated in both California and Nevada, Nevada licensed anglers are at a disadvantage while fishing in the Nevada portion of these waters. This has also created a law enforcement problem trying to determine an imaginary state line down through these lakes and reservoirs. Last year in Nevada, approximately 130,000 fishing licenses were sold. It is assumed, if this proposal becomes law, about 25 percent of the Nevada anglers will opt for this second rod stamp, which would generate approximately $325,000 per year. This is the figure utilized in developing the 1996-1997 Biennial Budget for the division. In summary, Division of Wildlife staff are of the opinion this is a very biologically sound change in regulation which will allow Nevada anglers to expand their fishing opportunities and enjoyment of the sport of fishing. Chairman Rhoads questioned Mr. Curran regarding the sales projections and the division's budget figures in regard to collections from this proposal. He was concerned the division might have used too high a projection. Mr. Curran reported California had experienced 35 percent of those purchasing fishing licenses opted for the second combination in the first year and at the present are up to 50 percent. Therefore, the division has probably been very conservative in using a 25 percent estimate. In reply to how the current law reads, Mr. Curran stated current law basically says a fishing pole must be closely attended, which is not closely defined for purposes of enforcement. Chairman Rhoads said he is getting many complaints in his district about the attitude of game wardens. He gave an example of one of the complaints and expressed his general concern over the reported attitude of many game wardens. Mr. Curran stated he would definitely pass Chairman Rhoads' concerns on to division personnel. Senator Jacobsen asked what kind of penalty is provided in the law for a person who is caught with two rods, but does not have the appropriate two rod stamp? Mr. Curran said the current law states it is a misdemeanor if more than one rod is used. This provision in the law would remain the same. If a person using two rods did not buy the stamp to permit two rods, that person could be charged with a misdemeanor. Senator Jacobsen asked Mr. Curran for a report on the status of the fishing areas and the fish population for the season. Mr. Curran gave the committee a report on the various fishing areas of the state and the division's tentative plans for planting fish. The hearing on A.B. 161 was closed. ***** The committee began a work session on S.B. 93. Senate Bill 93: Makes various changes relating to titling and recording of water rights. (BDR 48-982) Brenda Erdoes, Legislative Counsel, Legislative Counsel Bureau, came forward to give the committee an overview of the bill. Ms. Erdoes furnished the committee with a composite of the bill (Exhibit D) to show committee members how the bill will look with the amendments included. Since the amendments were so extensive and the bill is so chopped up with the amendments, the composite will show the committee how the bill reads with the amendments. Ms. Erdoes explained the proposed amended language was fully concurred with by Mr. Turnipseed, State Engineer. J. Michael Turnipseed, State Engineer, Division of Water Resources, State Department of Conservation and Natural Resources, a member of the audience, rose to concur the bill as shown with the amendments attempts to cover all possible water rights which exist in the state. The bill will change the way water right titles are changed, so the division wanted to include all possible water rights existing in the state. Ms. Erdoes continued her explanation of the amendments to the bill by going through each change and the reason for each change. At the end of Ms. Erdoes' explanation, Chairman Rhoads asked if there was any testimony or comments from the audience. When no one spoke up, Chairman Rhoads asked Mr. Turnipseed for his position on the bill. Mr. Turnipseed said the bill has gone through an extensive rewrite, but all of the comments presented at the last hearing on S.B. 93 were taken into consideration, including those of the various water districts which wanted certain advance documents recorded with their districts, in amending the bill. SENATOR JAMES MOVED TO AMEND AND DO PASS S.B. 93. SENATOR REGAN SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR JACOBSEN WAS ABSENT FOR THE VOTE.) ***** Senator James was asked by Chairman Rhoads to handle the bill on the floor. There being no further business, the meeting was adjourned at 2:00 p.m. RESPECTFULLY SUBMITTED: Sandy Arraiz, Committee Secretary APPROVED BY: Senator Dean A. Rhoads, Chairman DATE: Senate Committee on Natural Resources April 12, 1995 Page