Smith Family Works

Smith Family Works

Please Vote NO on SB271 and SB272


Nevada Families for Freedom
186 Ryndon Unit 12, Elko, Nevada 89801, 775-397-6859, Sparks 775-356-0105
March 28, 2017 In the Year of Our Lord, U.S. Constitution Art. VII

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Please forward to friends who have wells!!!!
 
HEARING: Tuesday March 28, 1:30 Rm. 1214 Senate Natural Resources
Las Vegas, Room 4412E of the Grant Sawyer State Office Building, 555 E. Washington Ave.
Elko, Room 102 of the McMullen Hall, Great Basin College, 1500 College Parkway
It's not too late after the hearing to contact the committee. Vote comes later. 

SB271: Places domestic wells under the authority of the State Engineer. Domestic wells have never been under state water law. From Legislative Counsel Bureau's Digest:  "If the State Engineer confirms that the average annual replenishment to the groundwater supply may not be adequate, he my order that withdrawals, including withdrawals from domestic wells, be restricted to conform to priority rights." (Note: Domestic wells are exempt from Nevada Water law.) State Engineer can curtail domestic wells to indoor domestic use only and watering pets and livestock. ---no more gardens and trees.  
 
SB272: From the bill "In any basin designated by the State Engineer as a critical  management area pursuant to subsection 7 or any basin where withdrawals of groundwater consistently exceed the perennial
yield of the basin, the State Engineer may order that withdrawals from a domestic well that was not in existence on or before July 1, 2017, be limited to 0.5 acre-feet of water per year. The provisions
of this subsection do not authorize the State Engineer to limit withdrawals from a domestic well in existence on or before July 1, 2017, which requires repair or replacement.
This bill does not allow the State Engineer to curtail current domestic wells, but does allow him to restrict future domestic wells.  FIRST THEM...THEN YOU! This is a backdoor attempt to bring domestic wells into Nevada water law.
 
MESSAGE: (write your own message). Vote NO on SB271 and SB272. Do not give the State Engineer unprecedented authority over domestic wells. 
 
CONTACT
  
Nevada Legislative Hotline connects with all offices:
800-995-9080, Las Vegas 702-486-2626, Reno/Carson 775-684-6800
Share your opinion with Legislature: https://www.leg.state.nv.us/App/Opinions/79th2017/A/
 
 
From Kenny Bent: Regarding SB 271
     The State Water Engineer does not now, nor has he ever had authority over domestic water use from non-artesian wells except for the amount of draught. This bill is yet another back door attempt to fool others into believing that this power has always existed and avoid sitting at the table with those who are actually affected.
 
     The language inserted into SB 275 in 2007 giving domestic wells a priority date was inappropriate as it attempted to do so retroactively. This has not been challenged in court yet but it most assuredly will in the future.
      Basin 162 is extremely over-appropriated. In 1970 The State Engineer had issued over 90,000 acre feet of water rights in a basin with a perennial yield of only 12,000 to 20.000 afa. Today that number is around 60,000. The 70's started a transition from farming to subdividing. Much of the land was split up and sold by the water rights holders using the loophole for domestic use.
 
The vast majority of the senior irrigation water rights lay banked in Private Utility Corporations. One of them holds about 20,000 afa showing no beneficial use since 1983.
      Every subdivision since 1973 had to be signed off by the State Engineer.   Proof of water rights was required without considering the actual wet water available. I am not aware of any intention by the State Engineer to stop this practice. It is quite obvious that this basin will be in a critical management designation soon if this continues.
       Almost all of the water bills this session regarding domestic wells were crafted here in Pahrump by the Basin 162 Ground Water Management Plan Advisory Board. I was a member of that board for 21 months along with 4 majority vote utility/developer interests who control 71% of the water rights in this basin. The Division of Water Resources and staff, present at every meeting, led domestic well owners to believe that they owned junior appropriated water rights that could be curtailed completely if they didn't agree to the management plan.
      Cutting domestic users to indoor use only is completely unacceptable and a taking. This is apartment style living concocted by the water cartel, the very ones that created the problem. Now that they sold all the lots for quick profit, these Corporations are attempting to steal the water back and re-sell it through a pipe.
      Domestic use was exempted from water law for obvious reasons. Under current law every appropriated water right would have to be curtailed prior to domestic wells being curtailed. While I don't agree with that approach, I certainly don't agree with the attempted backdoor theft being offered here. We can do better than this. Please say no to SB 271.
 
From Kenny Bent: Regarding SB 271
     The State Water Engineer does not now, nor has he ever had authority over domestic water use from non-artesian wells except for the amount of draught. This bill is yet another back door attempt to fool others into believing that this power has always existed and avoid sitting at the table with those who are actually affected.
     The language inserted into SB 275 in 2007 giving domestic wells a priority date was inappropriate as it attempted to do so retroactively. This has not been challenged in court yet but it most assuredly will in the future.
      Basin 162 is extremely over-appropriated. In 1970 The State Engineer had issued over 90,000 acre feet of water rights in a basin with a perennial yield of only 12,000 to 20.000 afa. Today that number is around 60,000. The 70's started a transition from farming to subdividing. Much of the land was split up and sold by the water rights holders using the loophole for domestic use.
     The vast majority of the senior irrigation water rights lay banked in Private Utility Corporations. One of them holds about 20,000 afa showing no beneficial use since 1983.
     Every subdivision since 1973 had to be signed off by the State Engineer.   Proof of water rights was required without considering the actual wet water available. I am not aware of any intention by the State Engineer to stop this practice. It is quite obvious that this basin will be in a critical management designation soon if this continues.
     Almost all of the water bills this session regarding domestic wells were crafted here in Pahrump by the Basin 162 Ground Water Management Plan Advisory Board. I was a member of that board for 21 months along with 4 majority vote utility/developer interests who control 71% of the water rights in this basin. The Division of Water Resources and staff, present at every meeting, led domestic well owners to believe that they owned junior appropriated water rights that could be curtailed completely if they didn't agree to the management plan.
     Cutting domestic users to indoor use only is completely unacceptable and a taking. This is apartment style living concocted by the water cartel, the very ones that created the problem. Now that they sold all the lots for quick profit, these Corporations are attempting to steal the water back and re-sell it through a pipe.
      Domestic use was exempted from water law for obvious reasons. Under current law every appropriated water right would have to be curtailed prior to domestic wells being curtailed. While I don't agree with that approach, I certainly don't agree with the attempted backdoor theft being offered here. We can do better than this. Please say no to SB 271.
 
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