MEETING MINUTES. May 14, :00 AM BOCC Chambers, Pahrump, NV

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1 NYE COUNTY WATER DISTRICT GOVERNING BOARD MEETING MINUTES May 14, :00 AM BOCC Chambers, Pahrump, NV Members: Legal: Board of County Commissioners : Finance: Staff: Acronyms: Jay Dixon Area 1 (Currant Creek/Smoky Valley) James Eason Area 2 (Tonopah/Manhattan) James Weeks Area 3 (Beatty/Amargosa Valley) John MacLaughlin, Area 4, Position 1 (Pahrump Valley) - Chair Greg Dann - Area 4, Position 2, (Pahrump Valley) Vacant Area 4, Position 3 (Pahrump Valley) Dave Hall - At Large Marla Zlotek Dan Schinhofen Frank Carbone Amy Fanning Darrell Lacy Oz Wichman Levi Kryder Teddi Osburn AG - Attorney General AVSTP - Amargosa Valley Science & Technology Park BOCC - Board of County Commissioners BOR - Bureau of Reclamation CSWP- Community Source Water Protection CNRWA - Central Nevada Regional Water Authority DOA - Department of Agriculture DOI - Department of Interior EPA - Environmental Protection Agency GID - General Improvement District GM - General Manager GWE- Groundwater Evaluation Grant GWMP Groundwater Management Plan HUD - Housing and Urban Development IRWMP - Inter Regional Water Management Program MOU - Memorandum of Understanding NTS - Nevada Test Site NCWDGB - Nye County Water District Governing Board NRWA Nevada Rural Water Association NWRA - Nevada Water Resources Association RFP - Request for Proposals RNWA - Rural Nevada Water Authority ROW - Right of Way SNWA - Southern Nevada Water Authority USDA - United States Department of Agriculture UGTA - Underground Test Area USGS - United States Geological Survey WD - Water District 1

2 WATER DISTRICT GOVERNING BOARD 1. (00:00:00) Call to Order Pledge of Allegiance 2. (00:00:42) Roll Call - Present: John MacLaughlin, Greg Dann, James Eason, Jim Weeks, Dave Hall 3. (00:01:00) Mission Statement Provide, protect and preserve water resources within Nye County. 4. (00:01:25) General Public Comment (first): Three-minute time limit per person. Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item. 5. (00:01:52) Approval or Modifications of the Agenda for the Water District meeting of May 14, No modifications. 6. (00:02:11) Correspondence and Announcements None. 7. (00:02:18) Ex Parte Communications and Conflict of Interest Disclosure Statements None 8. (00:02:32) For Possible Action Discussion, deliberation and decision to adopt, amend and adopt, or reject the Preliminary Budget for the Nye County Water District for FY 2015/2016. (Continued from NCWDGB Meeting of April 27, 2015.) Darrell Lacy explained some of the items being considered for inclusion in the FY16 Budget. Expenditures for staff will increase as staff begins to provide more time in support of ongoing Water District programs. He explained that all proposals outlined in this Preliminary Budget fit within the confines of the current $5/parcel fee. Mr. Lacy discussed new additions to the existing budget (vehicle purchase and litigation fund) as well as the reallocation of some funds to different categories. This budget does not address any of the Groundwater Management Plan initiatives that may be implemented in the future. Mr. Lacy presented a request from Nye County for the Water District to assume funding of membership in the Central Nevada Regional Water Authority (CNRWA). The membership fee of $7500 annually had not been figured into the current budget proposal, although the money could possibly be transferred from another fund. There was discussion about the type and number of vehicles proposed for purchase. Mr. Lacy noted that vehicles available for purchase from Nye County are basically worn out and may not be reliable. There was a discussion about the potential for a parcel fee increase in the next year or two. Dave Hall emphasized that increased funding to provide staffing for technical programs was most important. James Eason was not in favor of purchasing a vehicle at this time and questioned why staff could not continue to use Nye County Vehicles. He would like to see more money put into studies, but did not feel that parcel fees should be raised. There was more 2

3 discussion about funding for the CNRWA Membership and who could be appointed to represent the Water District. Darrell Lacy explained that Water District Staff and Water Board Members are not permitted to use county vehicles due to insurance concerns. The amount of money proposed for vehicle purchases has been included as a place holder and does not provide any authority to actually purchase a vehicle at this time. James Eason questioned who owns all of the information that had been compiled by the NWRPO over the years. Mr. Lacy explained that all of the Water Level Monitoring Program is being transitioned to the Water District. Levi Kryder noted that funding for the original Water Resources Plan came from the Nye County Natural Resources Office. There was continued discussion about whether or not a Water Resources Plan is required every 5 or 10 years by the DWR. Mr. Eason was concerned about the Water District continuing to assume more responsibilities that are currently handled by Nye County. The Water District must clearly define its role. John MacLaughlin stressed the need for at least one vehicle so office staff would not have to use personal vehicles to run errands. Greg Dann did not agree with the budget as proposed as it would deplete all of the reserve funds. Mr. Lacy noted that several of the items in the budget were one-time expenditures that were already approved by the Water Board and will go away before the end of this year. He stressed that some of the budget items are only numbers that may or may not be spent. Before any spending occurs there will be a detailed analysis by this board. Greg Dann questioned how much of the budget is to be used to deal with the overallocation of water rights in Basin 162. He felt his should be the primary focus of the board. Since the Water District only provides partial funding for staff at this time, James Eason had concerns about the DOE no longer providing grant monies to make up the difference. Darrell Lacy agreed that there were no guarantees, but at this stage in the budget process, everything was ok. During public comment John Bosta presented a list of his concerns regarding the budget currently under consideration (see attached). He felt that this budget would be a factor leading to a parcel fee increase when reserve funds are depleted. Dwight Lilly had concerns about the expansion of government. Andrew Alberti also expressed concerns about a potential parcel fee increase based upon the current budget proposal. Kenny Bent questioned monies being allocated to increase staffing for the Water District. Walt Kuver related that the current fee of $5.00 per year equated to about 42 per month. To double the current fee to $10.00 per year would double the monthly fee to about 90 per month. He was certainly willing to pay pennies more in order to protect the water supply for the future. He asked that the Water District please increase the parcel fee a minimum of $5.00 in order for projects proposed within the Groundwater Management Plan to be implemented and have staff on board that can bring those to fruition. Tim Hafen clarified some of the misinformation that was presented by Mr. Alberti regarding water usage in some of the Hafen subdivisions. He also related that water right owners in the valley were willing to take a haircut, and that all water users in the valley must be willing to take a haircut. He stressed that according to current law, water does not belong to the land but to all of the people of Nevada. Darrell Lacy explained the bottom line was that expenditures and revenues must be equal in order to reflect a balanced budget. Greg Dann again stressed that the budget must function within the confines of the current parcel fee and not continue to expand. 3

4 Board members gave their opinion on whether or not membership in the CNRWA was important. Darrell Lacy suggested taking money from the vehicle purchase fund in order to pay for the membership. James Eason felt that funds for purchasing a vehicle should be put in a contingency fund. He stressed the importance of maintaining membership in the CNRWA so that Nye County can be represented when it comes to doing battle with the SNRWA. He also questioned the reason for even having a Water District. Greg Dann thought that membership in CNRWA does have a lot of value. Mr. Eason noted that the Water Board would decide who was chosen to represent Nye County at CNRWA meetings. John MacLaughlin directed Darrell Lacy to look into the bylaws of the CNRWA with regards to membership rules and regulations. Greg Dann made a motion that this budget be sent back to staff and make magic happen. In clarifying his motion, he stressed that future budgets should not exceed revenue by more than 10%. A reserve account should be maintained to cover any overages in the future. Darrell Lacy again explained that some of the items in the budget were funded from the previous year s budget and are only short term, one time commitments. They are reflected in the bottom line as expenditures but should not be considered as growing the budget. The motion died for lack of a second. Greg Dann related that there should be a tax on all water right owners since they are the source of the over-allocation problem. James Eason questioned how the budget will be modified and presented to the comptroller. Darrell Lacy noted that he will rework the budget to differentiate between the ongoing and the one time expenditures. John Bosta asked how future capital improvements were to be financed within the framework of this budget. 9. (01:24:17) For Possible Action Discussion, Direction and Possible Decision Concerning Future Meetings/Workshops. The Nye County Water District Governing Board has scheduled a Public Workshop/Teleconference for adoption of the Final Budget for FY16 for May 21, 2015 beginning at 9:00 AM. The next Regular Meeting of the Nye County Water District Governing Board is scheduled for May 26, 2015 beginning at 9:00 AM in the Pahrump BOCC Chambers. 10. (01:25:04) General Public Comment (second) Walt Kuver asked everyone to consider who is the most able and best qualified to put a Groundwater Management Plan into place. He felt that only a government entity could put together funding and deal with the regulatory processes. The parcel fee is an investment in the Water District s responsibility to deal with all things water. Dwight Lilly wanted clarification of the process for filling current Water Board vacancies. Darrell Lacy related information about length of terms and noted that appointments are made by the BOCC. All back-up information regarding applicants will be provided to the public in the back-up material for the BOCC meeting at which new members are appointed. 11. (01:32:38) Adjourn 4

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