MINUTES OF THE SENATE COMMITTEE ON NATURAL RESOURCES Sixty-eighth Session June 14, 1995 The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 3:40 p.m., on Wednesday, June 14, 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 GUEST LEGISLATORS PRESENT: Assemblyman David E. Humke, Assembly District No. 26 STAFF MEMBERS PRESENT: Fred Welden, Chief Deputy Research Analyst, Legislative Counsel Bureau Billie Brinkman, Committee Secretary OTHERS PRESENT: Ira Hansen, Self Terry Crawforth, Deputy Administrator, Division of Wildlife Mahlon Brown, Las Vegas, Chairman, Board of Wildlife Commissioners Merv Matorian, Carson City, Commissioner, Board of Wildlife Commissioners Don Cavin, Hawthorne, Commissioner, Board of Wildlife Commissioners R. Michael Turnipseed, State Engineer, Division of Water Resources Joe Guild, Lobbyist, Nevada Cattlemen's Association Julie Wilcox, Assistant to the General Manager, Southern Nevada Water Authority/ Las Vegas Valley Water District Chairman Rhoads opened the hearing on Assembly Bill (A.B.) 537. ASSEMBLY BILL 537: Establishes system of demerit points for violations of provisions relating to wildlife. Assemblyman David E. Humke, Assembly District No. 26, sponsor of this measure, told the committee this bill is a request by a citizen, Ira Hansen, who will walk the committee through it. Ira Hansen, Self, explained the concept of A.B. 537 is based on the same principles used by the Department of Motor Vehicles and Public Safety. It provides for a demerit, sliding scale type system. Mr. Hansen told the committee A.B. 537 is the end result of negotiations with the Board of Wildlife Commissioners, the Division of Wildlife, Coalition for Nevada's Wildlife and Hunters Alert. Mr. Hansen outlined each section of the bill. Mr. Hansen emphasized there is no opposition to A.B. 537. Chairman Rhoads noted language requiring an officer must have permission to go on private lands to make an arrest has been deleted. Mr. Hansen deferred the question to Terry Crawforth, Deputy Administrator, Division of Wildlife, for an explanation. Mr. Crawforth said the provision for an officer to go on private land is already in place. He indicated it is not statutory, but case law. Chairman Rhoads requested evidence of the case law be provided to Fred Welden, Chief Deputy Research Analyst, Legislative Counsel Bureau (LCB). Mr. Hansen pointed out, for the record, the language in A.B. 537 will allow for suspensions of (hunting and fishing) licenses for a maximum of 3 years. Senator Jacobsen asked how this bill is going to help hunting and fishing. Mr. Hansen replied, according to records, a great deal of disparity exists as to who gets a (hunting or fishing) license revoked and who does not. He explained that essentially people are being cited for minor violations, where more serious violations are being ignored. He said A.B. 537 will make the system more balanced in issuance of citations and license revocations. Senator Jacobsen said he thinks game violations can be more properly handled by the judicial system. He indicated he will have a difficult time supporting this measure. Mahlon Brown, Las Vegas, Chairman, Board of Wildlife Commissioners, commented he thinks A.B. 537 is good law enforcement. He indicated the Division of Wildlife has been in need of the system outlined in this bill. He pointed out it provides consistency and impartiality in law enforcement. Senator Jacobsen and Mr. Brown discussed further aspects of the Division of Wildlife. Senator Regan discussed some of the language in A.B. 537 with Mr. Brown. Chairman Rhoads closed the hearing on A.B. 537. Chairman Rhoads explained to the committee that members of the Board of Wildlife Commissioners are present for the purpose of talking about Assembly Bill (A.B.) 307, although it is not on the agenda. ASSEMBLY BILL 307: Makes various changes regarding state department of conservation and natural resources. Mr. Brown came forward and invited other members of the Board of Wildlife Commissioners to join him. He introduced Don Cavin, Hawthorne, Commissioner, and Merv Matorian, Carson City, Commissioner. Mr. Brown said he believes A.B. 307 is bad legislation and unnecessary. Chairman Rhoads indicated in his district, he gets more complaints about the Division of Wildlife than any other state agency. Mr. Brown remarked he did not think this measure addresses those kinds of complaints. He said A.B. 307 basically adds one more sportsman to a board that already has four designated sportsmen, and keeps the other members from conservation, ranching and farming. It eliminates one person from the general public. Mr. Brown pointed out that managing wildlife today does not refer to managing fish and game, but managing wildlife in the whole state, which includes a lot of diverse interests. He said over 50 percent of the funds supporting the commission come from Clark County and 50 percent of the people who participate in wildlife- related activities come from Clark County. He remarked, "This bill is designed to cut back on the representation of Clark County." Mr. Brown said he thinks the issue addressed in A.B. 307 indicates a desire for the county wildlife advisory boards to make the nominations to the Governor for commission members. He commented he believes the Governor should be the one to choose the members of the Board of Wildlife Commissioners. Mr. Brown told the committee the Board of Wildlife Commissioners is involved in negotiating with the mining industry, land use planning, animal rights people and many other things outside the fish and game issues. He said the Board of Wildlife Commissioners has to have a broader perspective than simply the basic "season setting hunter." Mr. Matorian reminded the committee he had testified on A.B. 307 at an earlier hearing, and he asked the question, "What does this bill do for wildlife or for the hunters of the State of Nevada?" He added it makes no impact for the animals in the field, the critters in the environment, or the hunters and fishermen in the State of Nevada. Chairman Rhoads, in reply, indicated according to his constituents, with A.B. 307 in place, they will get local input through the county wildlife advisory boards... something they believe they have not had in the past. Mr. Matorian indicated the commission wants more input from the county boards and is encouraging it. Further discussion ensued between Chairman Rhoads, Mr. Matorian and Mr. Brown. Mr. Cavin indicated he concurs with the testimony given by Mr. Brown and Mr. Matorian. He added the complaints are not made to the county wildlife advisory boards, therefore, those complaints never get to the commission. He said he thinks the commission has attempted to comply with the county boards' requests. Senator Regan asked what percentage of the commission's budget comes from Clark County. Mr. Brown replied, "Over half." He indicated Lake Mead is a giant contributor to the budget. Senator Regan asked that the reply be qualified. He asked the question, "How many dollars in the budget of wildlife comes from fishing licenses out of Lake Mead?" Mr. Brown replied with a guess of 50 percent. Chairman Rhoads announced the committee would not take action on A.B. 307 at this time. Chairman Rhoads opened the work session on Senate Bill (S.B.) 96. SENATE BILL 96: Enacts provisions governing acquisition of water rights on public lands for purposes of watering livestock. Chairman Rhoads pointed out there is an amendment to S.B. 96 in the document prepared by Mr. Welden (Exhibit C), Attachment "A", that he will refer to momentarily. But, first, he requested to hear another proposed amendment prepared by Mr. Turnipseed and Pamela Wilcox, Administrator, Division of State Lands. R. Michael Turnipseed, State Engineer, Division of Water Resources, testified one of the hurdles in this issue is the Bureau of Land Management (BLM) using the livestock owner's livestock to prove beneficial use on a stock watering right on public lands. He indicated another hurdle is the BLM fears that all the stockmen are going to change the water rights and "put it all in a pipe and send it to Las Vegas." Mr. Turnipseed read the proposed amendment to S.B. 96: When an application is filed with the state engineer for livestock water on federal lands: 1. The state engineer shall notify the land management agency as well as all livestock lessees or permitees of record. 2. Any notified party will have the opportunity to file a concurrent application on the same source. 3. If the concurrent applications meet the criteria set forth in [Nevada Revised Statutes] NRS 533.370, all must be approved concurrently with the same priority. 4. If at a later date, a change application is filed by any of the holders of such concurrent rights, the state engineer shall give notice to all other holders of concurrent rights on the same source. Mr. Turnipseed explained with the above suggested language, everybody knows what everybody else is doing. The stockman has livestock water on the source and he goes to beneficial use when he can. The BLM or the U. S. Forest Service has a wildlife permit on the same source and they go to beneficial use whenever they can. Mr. Turnipseed said each entity would know when the other entity attempted to file a change. Chairman Rhoads indicated Mr. Turnipseed's suggested amendment does have merit. Chairman Rhoads said he did want to move S.B. 96 out of the committee at this meeting. He referred to Exhibit C, Attachment "A", for changes suggested by the legislative counsel, LCB, which replaces the words owner of the with "person legally entitled to place on the land." Chairman Rhoads asked for a motion. SENATOR McGINNESS MOVED TO AMEND AND DO PASS S.B. 96. SENATOR REGAN SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR JAMES WAS ABSENT FOR THE VOTE.) ***** Chairman Rhoads opened the work session on Senate Bill (S.B.) 101. SENATE BILL 101: Requires development of statewide water plan. Chairman Rhoads referred to Exhibit C, Attachment "B", for language amending S.B. 101, the language discussed during a prior hearing. Mr. Welden explained the previously proposed amendment as outlined in Exhibit C, Attachment "B". Chairman Rhoads stated the most controversial part of S.B. 101, which is not favored by the state water planner or the director of the State Department of Conservation and Natural Resources, is the proposed language in section 9, "The advisory board shall: (e) Approve, prior to submission to the legislature, a proposed state water plan." Chairman Rhoads said this addition is a key part of S.B. 101, because if only one person submits a water plan and proposes it to the Legislature, "it is not fair." He continued his remarks by saying: That position has to go to her/his board [Advisory Board on Water Resources Planning and Development] and get permission...get approval from that board. That is what advisory boards are for. Senator Adler remarked he cannot go with the amendment on the composition of the board because he assisted with writing of the bill in 1989, and at that time certain commitments were made to Clark County in reference to the composition of the board. Senator Adler said he does not see a reason to change the board. He does not understand how the proposed amendment relates to S.B. 101. Senator McGinness inquired about a fiscal impact. Chairman Rhoads referred to page 7 of Exhibit C which outlines a fiscal impact of $8,000. Chairman Rhoads explained a letter of intent will have to be submitted at this time because it is too late to get the funds in the budget. He informed the committee if S.B. 101 is processed, the board could go to the Interim Finance Committee for the proposed travel funds. Senator Regan said he concurred with Senator Adler's remarks, and the remarks made concerning the proposed change to the size of the board to 18 from 13. Senator Adler explained the board presently has 13 members because it was desired to have professional members. He told the committee the reason seven of those members are from Clark County, is because Clark County is the most populous county and would have the majority membership. He said if the board membership is raised to 18, then Clark County would no longer enjoy the majority. Chairman Rhoads asked the committee how the number of board members could be cut down. He expressed the problem that the water is in the agricultural areas and rural Nevada has no representation (on the board). Joe Guild, Lobbyist, Nevada Cattlemen's Association, indicated he has worked extensively on the amendments to S.B. 101 with the lobbyists and representatives of the Las Vegas Valley Water District. He said those people all agree with the amendment, as proposed, to S.B. 101, for the five additional members of the board. He pointed out 85 percent of the water is owned by people who are either farmers, ranchers, manufacturers or miners in Nevada, and they have no representation on the water planning board. Mr. Guild said he believes if there is going to be an effective water plan and the state water planner agrees with the proposed change in the number of board members, that "absolutely these interests should have a seat at the table." Mr. Guild recognized something has been lost in the draft of the amendment. He said Washoe County should have three members, rather than two members, and the reference to four members who are residents of counties with populations of less than 100,000, should be three members. Mr. Guild agreed with Senator Adler in his statement that when the original bill was introduced in 1989, the purpose was to have a lot of professional people on the board and to have the majority of board members from the most populous county. Mr. Guild said, "It is vital. The people who own the water ought to have a stake at the table when there is a discussion about water plans." Senator Adler indicated if the Las Vegas Valley Water District agrees with the change in the board members, then he has no problem with the amendment. Julie Wilcox, Assistant to the General Manager, Southern Nevada Water Authority/Las Vegas Valley Water District, testified that her agency understands it is critical to have all the stake holders involved in the process of developing any statewide plan. She said they have no problem with the five new identified stake holders to be added to the board. She indicated they did not want anything to be taken from the urban sector, so if there are seven and three as originally planned, then they have no problem. Senator Adler said if Ms. Wilcox is willing to go on record that there is no problem with the proposed change in the board composition, then he feels he is "exonerated" from any promise he made. Chairman Rhoads reiterated the numbers of board members to be amended into S.B. 101: Seven - Clark County Three - Washoe County Three - Counties under 100,000 population One each from farming, manufacturing, mining, ranching and wildlife. Chairman Rhoads asked the committee for their pleasure. SENATOR McGINNESS MOVED TO AMEND AND DO PASS S.B. 101. SENATOR LEE SECONDED THE MOTION THE MOTION CARRIED UNANIMOUSLY. ***** Chairman Rhoads opened the work session on Assembly Bill (A.B.) 449. ASSEMBLY BILL 449: Revises provisions governing recycling programs of counties. Chairman Rhoads referred to page 1 of Exhibit C for an explanation of A.B. 449. There are no amendments. SENATOR REGAN MOVED TO DO PASS A.B. 449. SENATOR LEE SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY. ***** Chairman Rhoads announced Senate Bill (S.B.) 489 will be put back into a subcommittee because the affected entities are still in deliberations. SENATE BILL 489: Provides for comprehensive planning and management of water in certain counties. There being no further business to come before the committee, the chairman adjourned the meeting at 4:30 p.m. RESPECTFULLY SUBMITTED: Billie Brinkman, Committee Secretary APPROVED BY: Senator Dean A. Rhoads, Chairman DATE: Senate Committee on Natural Resources June 14, 1995 Page