Staff pulls proposed changes on large-parcel maps after commission pushback; parcel-map water relinquishment remains county policy

Planning staff updated the Elko County Planning Commission on a recent ordinance they had submitted to the County Commission intended to address water-rights relinquishment for parcel maps in closed basins and to close a loophole staff said could allow applicants to avoid relinquishing water rights through repeated boundary line adjustments and large-parcel divisions.

Corey, planning staff, told the commission that the county ordinance already requires relinquishment of water rights for parcel maps in closed basins: "For every new parcel created, you have to relinquish 2 acre feet of water rights," he said, and gave the example that a parcel map creating four parcels would require the relinquishment of six acre-feet. He explained that parcel maps are subject to county code requirements while subdivision maps are reviewed by the Nevada Division of Water Resources (DWR). Staff said division of land into large parcels (DLLP) is not currently covered by the county relinquishment requirement and that the administrative process for boundary line adjustments, which are records of survey, makes them difficult to deny and therefore susceptible to being used repeatedly to circumvent relinquishment requirements.

Corey said he and a colleague, Rand, had drafted ordinance language that would have addressed DLLP but that the county commission was not receptive; staff removed the DLLP portion for now and will revisit it later. He said discussions with the Division of Water Resources indicated DWR staff would likely support county efforts to address the issue.

Commissioners asked whether the relinquishment requirement was a state or county requirement; Corey said the relinquishment for parcel maps is required by county code (and the DWR reviews and records the relinquishment filings), while subdivision review and water-rights decisions are handled by the state Division of Water Resources. Staff noted specific closed basins named in the discussion: Dixie Creek, Tenmile, the Elko segment, and the portion of Diamond Valley that extends into Elko County.

No formal action was taken by the Planning Commission on an ordinance at this meeting; staff said they will rework the wording on existing parcel-map ordinance language and will bring back any DLLP language at a later date.