Assembly Joint Resolution No. 20

Assembly Joint Resolution No. 20-Committee on Natural
Resources, Agriculture, and Mining

FILE NUMBER

149

ASSEMBLY JOINT RESOLUTION--Expressing the strenuous objection of the Nevada Legislature to the recent decision of the United States Bureau of Reclamation regarding the spreading of water from the Carson River.

Whereas, To avoid flood damage during certain periods of high water since 1986, the Truckee-Carson Irrigation District has performed precautionary releases of water from the Lahontan Reservoir and disposed of the water for beneficial use; and
Whereas, During these periods, the district has delivered excess water to any and all lands without concern for charging for the delivery of the water to a person possessing a valid and existing water right, a practice that is known as spreading; and
Whereas, In 1995 and 1996, the district spread water, under criteria approved by the Bureau of Reclamation of the United States Department of the Interior, when Lahontan Reservoir exceeded target storage levels; and
Whereas, On April 29, 1997, the Bureau of Reclamation again authorized the district to spread water; and
Whereas, On May 19, 1997, the Bureau of Reclamation rescinded the order that allowed the district to spread water during periods of excess flow without charging for the delivery of the water to persons holding a valid and existing water right; and
Whereas, The district initially complied with the letter of the Bureau of Reclamation of May 19, 1997, and allowed excess water to flow into the Carson Sink, where it evaporated; and
Whereas, On May 23, 1997, Chief Judge Lloyd D. George, United States District Court, District of Nevada, saying that an emergency existed, overruled the order of the Bureau of Reclamation, allowed the spreading of water from the Lahontan Reservoir to resume and ordered the Bureau of Reclamation to develop criteria for future spreading; and
Whereas, Despite the intervention of the United States District Court, the rescission of the Bureau of Reclamation of the authority of the Truckee-Carson Irrigation District to spread water reduced the water available for irrigation, could have caused flooding and clearly wasted water that could have been put to beneficial use; and
Whereas, The district has filed a motion in federal district court three times since 1986 to gain the authority to spread water; and
Whereas, Common sense and the laws of this state dictate that the Bureau of Reclamation should put excess water to beneficial use in this state; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the Nevada Legislature hereby expresses its strenuous objection to the decision of May 19, 1997, of the Bureau of Reclamation of the United States Department of the Interior which rescinded its approval of the spreading of water from the Lahontan Reservoir; and be it further
Resolved, That the Nevada Legislature hereby urges the Bureau of Reclamation of the United States Department of the Interior to give its fullest consideration to the needs and recommendations of the Truckee-Carson Irrigation District in the development of criteria for future spreading of water from the Lahontan Reservoir; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the United States Bureau of Reclamation and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage and approval.
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