[{"_1":2,"_100":-5,"_101":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6647324,"mediaKeyId","2522594-6b7e763d0768251c702e7c7112a33922","parentId",2522594,"title","State engineer briefs Senate Natural Resources on Nevada's groundwater challenges and process for reviewing water-rights bills","audioSeconds",976,"startMs",142000,"endMs",1118000,"viewUrl","/Search/View?dp=1&key=2522594-6b7e763d0768251c702e7c7112a33922&start=142&end=1118","thumbnailUrl","https://assets.pipeline.soar.com/2522594-6b7e763d0768251c702e7c7112a33922/thumbnail_142000.jpg","articleUrl","/articles/6647324/Nevada/State-engineer-briefs-Senate-Natural-Resources-on-Nevadas-groundwater-challenges-and-process-for-reviewing-water-rights-bills","mediaUrl","https://secure.pipeline.soar.com/6647324-f418e06923281bd306ef4fdc0fdcea26/orig.mp4?Expires=1775910771&Signature=TwkAxv-~2Par9wY06qfOwNtNoKkYDoe16Bv96xo0NapMfqhNJOvmDoFSE1ivhb7RiGBcbVboAw~6xLs-apdRZBkzWDMgAfjEA2~U0BQSRp18fhCMDxMS-BT3DvtHGgH0RGToClmAKLMK7yP6LBBhz7QSNS53V6JzOavJNjpFLAGZ6md0ASeqV7sSLYR1N4LhCfyXA0tHYJN8wYZVJ6iToLz8rV20BZFgaqcm0SgpchdSo5n8RAE21On5Q009HX5IiOLDG0RoJt660eehIixWV1cvwfeOxnymhjWGPH6P3zCjHNIQ9~UQg-RnXEbIghweFbbiDTILPR3DmUPocjXsmg__&Key-Pair-Id=KUT5TJCACFTXG","author","Nevada State Legislature","date","2025-03-07T01:41:55.33Z","article","Adam Sullivan, state engineer and principal administrator of the Division of Water Resources, told the Senate Committee on Natural Resources that Nevada is the \"driest state in the nation\" and that most municipal and irrigation supplies come from surface water while roughly one-third of the state's supply is groundwater. \"Water use by volume is primarily used for irrigation — about 70% for irrigation, 10% for municipal and 10% for mining,\" Sullivan said.

Sullivan said groundwater administration presents the Division's greatest challenges because \"the data are limited\" and it is harder to understand long-term groundwater availability. He told the committee the Division receives about \"a thousand water right applications per year\" and that the office was created in 1903 to quantify water rights and to establish a procedure for appropriating new water rights.

The nut of Sullivan's presentation was that Nevada's existing appropriations exceed estimated long-term supply in many places and that resolving remaining questions depends on better data and careful statutory implementation. \"Water rights that are already appropriated across most of the state exceed what we estimate as the long-term water supply,\" he said. He urged lawmakers to rely on updated science, including work being done through the Nevada Water Initiative, to inform policy decisions.

Sullivan reviewed core legal principles governing the Division's daily work: the prior-appropriation doctrine (\"first in time, first in right\"), beneficial use as both the measure and limit of rights, and the forfeiture rule often summarized as \"use it or lose it.\" He emphasized that water rights are a right to use public water rather than private ownership of water and that rights remain tied to beneficial use.

Sullivan outlined long-term pressures: continuing population growth and economic development that increase demand; a legacy of appropriations that exceed sustainable supply in many basins; chronic groundwater-level declines in some areas; and the lack of new water to appropriate. He warned that ad hoc exceptions to foundational water-law principles can slow Division work and create perceptions of arbitrary decision-making.

On administration and planning, Sullivan said the Division is modernizing processes and building capacity: the 2023 Legislature funded 10 new positions and those positions \"have all been filled,\" which he said is helping to chip away at backlog though training and institutional knowledge take time. He described the Nevada Water Initiative as a key effort to update baseline science, including recharge and connectivity estimates, and mentioned an initiative event slated for March 27 to present that work.

Sullivan closed by describing how the Division evaluates proposed statutory changes: does the proposal uphold basic principles of Nevada water law; will it protect aquifers and existing users; is the proposal a narrow fix tailored to a specific area; can the underlying issue be resolved within the existing statutory framework; and what are the implications for Division workload and cost. \"When I testify on a bill, this is where I'm coming from,\" he said.

The committee followed the presentation with questions about mountain recharge and data updates. Sullivan said those are a priority of the Nevada Water Initiative and that newer methods and additional data collection are improving the Division's ability to quantify mountain recharge, discharge, consumptive use and inter-basin connectivity.

The presentation provided background material the committee said would inform consideration of two bills that followed the overview: SB31 (adjudication of vested water rights) and SB36 (groundwater conservation/voluntary retirement of groundwater rights).","mediaType","Video","parentTitle","3/6/2025 - Senate Committee on Natural Resources","oneSentenceSummary","Adam Sullivan, state engineer and principal administrator of the Division of Water Resources, told the Senate Committee on Natural Resources that Nevada is the driest state in the nation and that most municipal and irrigation supplies are from surface water while roughly one-third of the state's supply is groundwater.","taxTitle","2025 Legislature NV, Nevada","taxId",78440,"location","Nevada","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6647316,"Senate hears SB36 to authorize voluntary groundwater-rights retirement program; amendment would create program, account and 10-year sunset",999,3597000,4596000,"/Search/View?dp=1&key=2522594-6b7e763d0768251c702e7c7112a33922&start=3597&end=4596","https://assets.pipeline.soar.com/2522594-6b7e763d0768251c702e7c7112a33922/thumbnail_3597000.jpg","/articles/6647316/Nevada/Senate-hears-SB36-to-authorize-voluntary-groundwater-rights-retirement-program-amendment-would-create-program-account-and-10-year-sunset","https://secure.pipeline.soar.com/6647316-67b267e3951cdd415bcc48fd7db23400/orig.mp4?Expires=1775910771&Signature=NelwZ~4fGlkbrYMeiQX3yR9I3ThiiUrunMBFaf-lrUz6vBqQEz6pDQRMjk4Jhl-mGytvEojW7z9gq70-NIVhcI2Q26-odUN78O~VTllralXBzVHC8ujYzUv0ctcAIvTsa1zE1Mc5xvY5quYh3TZL91tyPFNIl3qJGrfL6LZRMF2UCUQKQ7FP-GPmqBE9gJhOYOpsxtW~YMXhyR10uYJ4QE7~9FZbCNXLL3xsdQM4Tn8x70Mwz4r66GcIHqMfY8-LBl~0fjXvBChKV51vosXUCvj8DQjcblVlV5OQzHotMNhu3wO1opGUOaKQzrXdND5uCVnHeG51TfPmiITCCiWnAQ__&Key-Pair-Id=KUT5TJCACFTXG","Senate Bill 36, presented by Senator Julie Pizzina, would authorize a voluntary groundwater-rights retirement program intended to reduce groundwater overuse and protect groundwater-dependent ecosystems. Senator Pizzina said the bill implements a recommendation of the Joint Interim Standing Committee on Natural Resources.

Under a conceptual amendment posted to NELIS and described by Jeff Fontaine, executive director of the Central Nevada Regional Water Authority, the bill would make several changes to state law: create a Nevada Conservation and Recreation Program within the Department of Conservation and Natural Resources (DCNR) to administer the existing state conservation bond program and a new Nevada Voluntary Water Rights Retirement Program; create an \"account for retiring water rights\" to accept gifts, grants and other funds; authorize the director of DCNR to purchase or accept donated water rights from willing sellers and \"retire\" them so the groundwater is precluded from appropriation \"in perpetuity\"; and include a sunset for the program (the amendment sets a 10-year sunset to 06/30/2035 in the posted language).

Laurel Saito, Nevada Water Strategy Director for The Nature Conservancy, described the proposal as a voluntary tool to resolve groundwater overuse in places where strict curtailment by priority may not protect natural resources. \"This bill offers another tool to address these situations,\" Saito said, noting other states such as Kansas and Colorado have employed retirement programs. Saito and Fontaine said a 2023 pilot program used American Rescue Plan Act funds to retire over 20,000 acre-feet of groundwater rights and that those pilots generated additional interest in retirement opportunities.

The amendment would require the director to identify target areas and document in writing the purposes for retirement (for example, to protect natural resources, address declining groundwater levels, or resolve conflicts that threaten domestic wells) and direct the state engineer to retire water rights the program purchases or receives.

Supporters who testified included conservation organizations (Nature Conservancy, Sierra Club), water authorities (Southern Nevada Water Authority, Moapa Valley and Virgin Valley water districts), tribal representatives (Pyramid Lake Paiute Tribe), local water authorities and producers who participated in the pilot. Testimony from Diamond Valley growers Denise Moyle and Diane Moyle Hicks described the pilot as a pragmatic, voluntary option for some agricultural holders and urged that the program preserve choice for farm families.

Opponents and cautionary witnesses included Robert Kochan, a former deputy state engineer who testified in opposition, arguing the pilot program had purchased large amounts of \"paper\" or dry water and that purchases in some basins had little effect on resource or conflict resolution. Kochan said the 2023 pilot spent roughly $25 million to acquire about 21,000 acre-feet, and he said much of that acreage represented water rights with no active beneficial use. Kochan recommended relying on the state engineer's existing authorities to address conflicts rather than establishing a buyback program.

Several stakeholders urged the Legislature to authorize the program but to identify clear funding pathways. Committee members asked where money would come from; Jeff Fontaine said the program would be eligible for federal grants and that retired-rights purchases could be funded through the capital grants program for drinking-water systems or the state bond conservation program if money is made available.

Key amendment features described to the committee:
- Program administration housed at DCNR under a Nevada Conservation and Recreation Program.
- Director may accept gifts, grants, federal funds or legislative appropriations into a designated account.
- The state engineer shall retire rights purchased or donated to the program and preclude those rights from future appropriation, with documentation retained in state engineer files.
- Program would sunset on or about 06/30/2035 (10-year test period in the posted amendment).
- The amendment removes an advisory board and related fiscal note, relying instead on existing technical groups and agency rulemaking.

The committee received broad supportive testimony from conservation groups, water districts, tribal representatives and producers who participated in the pilot, while some former agency staff and others opposed or urged caution. No appropriation for the program was included in the bill or the amendment before the committee; sponsors said the amendment intentionally removed a fiscal note to increase the bill's chance of moving forward and to allow future funding to be sought.

The committee held public testimony and did not take a formal vote.","SB36 would authorize a voluntary program to purchase or accept donated groundwater rights for retirement, place retired rights in perpetuity out of appropriation, and house program administration in a new Nevada Conservation and Recreation Program within the Department of Conservation and Natural Resources. A conceptual amendment posted to NELIS",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6647321,"Senate committee hears SB31 to exempt federal vested-right claims from 2027 filing deadline to avoid litigation",786,1295000,2081000,"/Search/View?dp=1&key=2522594-6b7e763d0768251c702e7c7112a33922&start=1295&end=2081","https://assets.pipeline.soar.com/2522594-6b7e763d0768251c702e7c7112a33922/thumbnail_1295000.jpg","/articles/6647321/Nevada/Senate-committee-hears-SB31-to-exempt-federal-vested-right-claims-from-2027-filing-deadline-to-avoid-litigation","https://secure.pipeline.soar.com/6647321-02e8329c912b2765f5acb5767a910963/orig.mp4?Expires=1775910771&Signature=cRz57V9ZzIo-X4dQWJDlEVAlskOOumolEpj~sq0nZ35QtBKqHngGYViL5AFZgKtZrDDUEynn~DP4op33luEiLUDPcpp28xUZj~Q1fVtX29wnffs1A7pI3p1mhyqa1Dx6MOzsz4x4dPDVkrc77Oc8YQYd2cCDAlgCLOSCOpHiKkEutCNfY~CxrhfaZyclyOfk54YQXCx1Y9q7uHwvso3acnc-xkVfyX5G4Cwwe6DZEdhUVkrec9HbT61WrDpIEmzoyX0svbTkLyoes7g2XdAH3Bpom-wQ6W4ct8kQg6yhpm65l6HSS2gTJZy4VOccpaYtSegCtxTgsbXMlKWmEmW1Kg__&Key-Pair-Id=KUT5TJCACFTXG","Adam Sullivan, state engineer and principal administrator of the Division of Water Resources, and James Bolotin, deputy administrator, told the Senate Committee on Natural Resources the purpose of Senate Bill 31 is to ensure federal agencies can be joined in future state water-right adjudications without exposing Nevada to predictable litigation.

\"This bill is really about the division being able to complete its work comprehensively and without having loose ends with regard to claims from federal agencies,\" Sullivan said. James Bolotin explained the legal background: the McCarran amendment (cited in testimony as 43 U.S.C. \u0000\u0000\u0000\u0000\u0000\u0000), through a limited waiver of sovereign immunity, allows states to adjudicate federal water claims in state proceedings once an adjudication is opened. Bolotin told the committee that the Ninth Circuit's decision in United States v. State of Oregon (1994) held that a statewide filing deadline, removed from a specific adjudication, did not fall within that waiver. Because of that precedent, Bolotin said, Nevada law as written (NRS 533.087 and 533.095) makes the state vulnerable to a federal-court challenge if the Division were to reject late-filed federal vested-right claims after the 2027 deadline.

Bolotin summarized the bill's legal effect: it would exempt federal agencies from the filing deadline so the United States can file vested-right claims at the time the state engineer opens a particular adjudication and thereby be compelled to participate under the McCarran amendment. \"This change in section 1 of SB31 exempts the federal government from the deadline to file claims of vested right by the 12/31/2027 deadline currently in statute,\" Bolotin said. He stressed the change does not \"exempt the federal government from participation in the state adjudication process under the McCarran amendment.\" Instead, the change is intended to allow Nevada to obtain a proper waiver of sovereign immunity and include federal claims in a single adjudication.

Department of Defense counsel Captain Kyle Hoffmeister testified on behalf of the Air Force and the Department of Defense in support. He said the bill \"conforms to NRS 533.087 and 533.095 with the principle of federal sovereign immunity consistent with the McCarran amendment\" and emphasized that water rights held by the United States are critical to Department of Defense installations.

Opposition testimony came from a range of local governments, ranchers and agricultural groups who argued the bill could give the federal government unequal treatment and that the December 31, 2027, deadline is important to get claims on record. Jake Tibbets, Natural Resource Manager for Eureka County, said his county supports an amendment and wants clarity \"related to when federal agencies would be required to file claims and how other claimants would be able to amend their claims when a specific adjudication were initiated by the state engineer.\" Joe Gild, a rancher and attorney, urged the committee to allow stakeholders to negotiate clarifying language. Representatives of the Nevada Cattlemen's Association and Nevada Farm Bureau also opposed the bill, arguing it would create an unfair preference for the federal government.

Those opposing the bill emphasized the policy rationale for the 2027 deadline: government and private claimants alike should identify and document vested claims so all parties \"know who's on the playing field.\" Several opponents pointed to internal BLM guidance and BLM procedures that, they said, already instruct BLM field offices to notify state engineers about water on public lands.

Committee members asked whether the Ninth Circuit precedent would require litigation in federal court and whether, absent the bill, the state engineer could be put in an impossible position of rejecting late federal claims and triggering a court challenge. Bolotin and division staff said the Ninth Circuit decision suggests the federal government could successfully challenge a statewide filing deadline removed from a specific adjudication, likely in federal district court.

The Division and several speakers said they were open to amendments meant to clarify timing and process while still addressing the legal vulnerability described by Bolotin. The committee took public testimony and did not register a formal vote during the hearing.

Votes at this hearing: none recorded.","SB31 would exempt federal agencies from the statutory 12/31/2027 filing deadline for claims of vested water rights so the United States can file claims when a state adjudication is opened, the Division said. Proponents, including the Division and Department of Defense counsel, said the change is needed to secure the McCarran amendment's waiver of","actionData","errors"]

Article not found

State engineer briefs Senate Natural Resources on Nevada's groundwater challenges and process for reviewing water-rights bills

Senate hears SB36 to authorize voluntary groundwater-rights retirement program; amendment would create program, account and 10-year sunset

Senate committee hears SB31 to exempt federal vested-right claims from 2027 filing deadline to avoid litigation