The Nye County Water District Governing Board on Oct. 14 discussed a proposed amendment to Nye County code intended to require relinquishment and retirement of water rights when new subdivisions are mapped in Hydrographic Basin 162, but the board did not advance the proposal and voted to table it for further legal and technical review.
Staff said the draft language — prepared with input from the Nevada Division of Water Resources and Schroeder Law Offices, PC — is aimed at bringing parity between subdivision developers and existing domestic well users by imposing relinquishment of a portion of water rights dedicated in new subdivision maps. The draft would affect only new subdivisions and not existing development agreements.
Daniel Weeks, the district general manager, summarized the proposal as implementing the Division of Water Resources’ recommendation that new subdivision maps include relinquishment to reduce the amount of “paper” water rights in the basin. The staff packet included redlined code text and a chart intended to explain the proposed dedication calculations.
Board members raised multiple substantive questions about how the changes would apply to parcel maps versus subdivisions, whether proposed acre‑foot figures were equitable, interactions with existing utility tariffs and quasi‑municipal well rules, and potential unintended effects on development in tariffed service areas. Several members asked for more time to refine wording and to verify cross‑references to state statutes.
Legal counsel Tracy Sticks (on the phone) said the proposed edits were limited to a narrow subsection of county code and that the draft incorporated the state engineer’s suggested approach. Board members asked staff for additional data, including recent counts of water rights retired in Basin 162 and whether a representative from the State Engineer’s Office could present at a future meeting.
After extended discussion and public comment, the board chair moved to table the item for further review and refinement. The chair said the tabled item will be returned after additional stakeholder input and legal revision. No formal vote to adopt the ordinance changes was taken.
Why it matters: Board members and staff emphasized the topic’s importance because Basin 162 contains a large volume of “paper” water rights relative to measured perennial yield. Changes to subdivision rules could affect how future development secures domestic water and how water rights are retired or dedicated for subdivision use. The board asked staff to bring clearer language, data on recent relinquishments, and additional stakeholder review before taking further action.