Snake Valley Groundwater Management Agreement
By: Doug Busselman, Executive Vice President
In reviewing the Nevada/Utah draft agreement for management of the Snake Valley Groundwater System, there are several noteworthy aspects of the agreement that we’ve been able to identify rather quickly. The agreement is intended as a 50-50 split of what is being estimated to be 132,000 acre feet of water. This amount is subject to a possible re-estimation over time, as monitoring and other information comes in, but for now the amount of water is based on the best available data.
So far in the water development of the Snake Valley, which crosses the state boundary line near Baker, NV, Utah water right owners have been the more active. The agreement recognizes that 55,000 acre feet of water has been allocated for satisfaction of existing water rights in Utah, with a priority date established before October 17, 1989. Nevada’s existing allocated water right amount is identified as being 12,000 acre feet of water using the same priority date criteria.
The two-state agreement puts the 132,000 acre feet of water into three categories:
Allocated – Allocated Groundwater is solely for satisfaction of water rights in Snake Valley and Fish Springs National Wildlife Refuge with a priority date prior to October 17, 1989. Recognition of unrecorded diligence claims shall be accounted for as Allocated. Change applications which seek to move existing spring or surface water rights to Groundwater may be allowed for under the Allocated category, but no new appropriations will be allowed.
Unallocated – The State Engineers (for both Nevada and Utah) shall grant permits to withdraw, appropriate or otherwise permit the use of Groundwater from “Unallocated Groundwater” pursuant to the law of their respective states. Those rights with a priority date on or after October 17th, 1989 shall be accounted for in this category. (Utah is provided with 5,000 acre feet of water per year in the “Unallocated” category and Nevada is given 36,000 acre feet per year.)
The agreement spells out that in appropriating Unallocated Groundwater the two State Engineers will condition the water permits to require a Hydrologic Monitoring and Management Plan for appropriations that are in excess of 1,000 acre feet of water; and require that all wells will be equipped with access ports of sufficient diameter to allow the measurement of the water levels in the well.
Reserved – The agreement establishes a category with Nevada having 18,000 acre feet of water per year and Utah having 6,000 acre feet of water per year in a reserved status. “The State Engineers shall not grant any Groundwater withdrawal permits to extract Reserved Groundwater until the State Engineers (as in both) agree information reasonably demonstrates that additional Groundwater can be safely and sustainably withdrawn from Snake Valley and that Allocated and Unallocated uses will not be unreasonably affected.”
Protecting existing water rights (including those in the Allocated and Unallocated categories) is an important principle as well as playing it on the safe side before determining a going-forward development of Reserved waters.
Thus far in our review it seems that the agreement between the states fits a very fair and responsible approach.
In reviewing the Nevada/Utah draft agreement for management of the Snake Valley Groundwater System, there are several noteworthy aspects of the agreement that we’ve been able to identify rather quickly. The agreement is intended as a 50-50 split of what is being estimated to be 132,000 acre feet of water. This amount is subject to a possible re-estimation over time, as monitoring and other information comes in, but for now the amount of water is based on the best available data.
So far in the water development of the Snake Valley, which crosses the state boundary line near Baker, NV, Utah water right owners have been the more active. The agreement recognizes that 55,000 acre feet of water has been allocated for satisfaction of existing water rights in Utah, with a priority date established before October 17, 1989. Nevada’s existing allocated water right amount is identified as being 12,000 acre feet of water using the same priority date criteria.
The two-state agreement puts the 132,000 acre feet of water into three categories:
Allocated – Allocated Groundwater is solely for satisfaction of water rights in Snake Valley and Fish Springs National Wildlife Refuge with a priority date prior to October 17, 1989. Recognition of unrecorded diligence claims shall be accounted for as Allocated. Change applications which seek to move existing spring or surface water rights to Groundwater may be allowed for under the Allocated category, but no new appropriations will be allowed.
Unallocated – The State Engineers (for both Nevada and Utah) shall grant permits to withdraw, appropriate or otherwise permit the use of Groundwater from “Unallocated Groundwater” pursuant to the law of their respective states. Those rights with a priority date on or after October 17th, 1989 shall be accounted for in this category. (Utah is provided with 5,000 acre feet of water per year in the “Unallocated” category and Nevada is given 36,000 acre feet per year.)
The agreement spells out that in appropriating Unallocated Groundwater the two State Engineers will condition the water permits to require a Hydrologic Monitoring and Management Plan for appropriations that are in excess of 1,000 acre feet of water; and require that all wells will be equipped with access ports of sufficient diameter to allow the measurement of the water levels in the well.
Reserved – The agreement establishes a category with Nevada having 18,000 acre feet of water per year and Utah having 6,000 acre feet of water per year in a reserved status. “The State Engineers shall not grant any Groundwater withdrawal permits to extract Reserved Groundwater until the State Engineers (as in both) agree information reasonably demonstrates that additional Groundwater can be safely and sustainably withdrawn from Snake Valley and that Allocated and Unallocated uses will not be unreasonably affected.”
Protecting existing water rights (including those in the Allocated and Unallocated categories) is an important principle as well as playing it on the safe side before determining a going-forward development of Reserved waters.
Thus far in our review it seems that the agreement between the states fits a very fair and responsible approach.
Posted by Doug Busselman at 8/17/2009 10:42 AM 
Categories: Water
Tags: Southern Nevada Water Authority Nevada Snake Valley Groundwater Utah
Categories: Water
Tags: Southern Nevada Water Authority Nevada Snake Valley Groundwater Utah
Upon further examination, the water is not divided evenly. So says Millard County Utah attorneys.
And the Southern Nevada Water Authority is the judge and jury about whether or not they are impacting existing senior water rights holders. The burden of proof is on the small rancher or farmer, and that burden is enormous against a well funded government authority.
If the the water table drops even a foot, then the natural meadows and seeps will dry up. Public land and private land grazers and crop growers alike will suffer as will wildlife.
Furthermore, in another 10 years, most protestants will not be around to continue their protests and SNWA has won because no one can protest late in Nevada. The original protests were 20 years ago. Another 10 years means 30 years total. It has tied up ALL the unappropriated water in 5 eastern NV valleys and no new applications can be accepted because the water for now and in the future is tied up. Period. end of story. So what's fair about this agreement?
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The water users in the Snake Valley does not have any way to get their complaints resolved, although SNWA say they will assist with funding the lowering of the wells when the water level is lowered. When this is not honored by SNWA, the landowner does not have any legal remedy to pursue because a state cannot sue a state. The only complaint would be the Supreme Court. The agreement will tie everyone's hand and does not protect the citizens of Utah and Nevada.
“Few men have virtue to withstand the highest bidder.” --George Washington
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