Legislative proposals are starting to trickle out for public view. But proposed language is not yet available for all bills that will be up for debate in Nevada and Utah — where sessions begin February 3rd and January 21st, respectively.
In Nevada there is a forthcoming omnibus effort that provides clarity on issues related to water rights buybacks, water reuse, over-pumped basins and septic conversions. Additionally, there are other conservation proposals and administrative reforms that are in play and championed by GBWN.
Regarding conservation measures, we are supporting voluntary and temporary efforts that could only apply to entities that are making demonstrable, verifiable conservation investments. Legitimate farmers and ranchers making thoughtful investments should have their rights protected and their hard work rewarded. Speculators, however, do not deserve those benefits. See our outline for one of our proposals here and watch out for SB 36 and AB9.
In Utah there are proposals addressing lithium brine extraction, the role of the public interest, and other efforts that have not yet been revealed. Energy issues are going to dominate as water did during the past two years, forcing us to consider water through a different lens than usual.
Currently there are no meaningful laws and regulations guiding the novel sector of lithium brine mining operations outside of the Great Salt Lake watershed (there are GSL-specific policies in law already).
This is of significance to us because it could impact the course of our ongoing litigation regarding a proposal to extract lithium on the banks of the Green River, the Colorado’s largest tributary. The project requires drilling through a radioactive aquifer contaminated by tailings left from a 1950s era uranium mill near Green River. We will keep you posted.
Furthermore, we will be watching to see if lawmakers choose to bolster development of nuclear power on the generation side and mining operations for coveted elements like uranium or vanadium.
And while there may not be a flood of water bills in the legislative pipeline, there are certainly some questionable proposals that are already available for public view.
HB 41 eliminates a water pricing policy in the state that requires officials to “balance social, economic, public interest, and environmental values.” The proposal also removes that same language from a policy dedicated to water quality protection and declining water levels of the Great Salt Lake. GBWN will certainly be opposing.
We will also be watchdogging any attempt by the Central Iron County Water Conservancy District to advance their dangerous proposal to export water from basins near Great Basin National Park — an effort that would steal water from the Indian Peaks Band of Paiute, family-run agricultural operations, and the West Desert. As we’ve mentioned before, water managers in Iron County are preparing to re-start permitting on their water-wasting project that we halted a few years ago.
For water geeks, here are a few other things to ponder as we await other bills.
HB73 qualifies final agency actions regarding water and other governmental proceedings that can be appealed to a state court (finality is an important consideration in matters relating to suing state agencies).
HCR1 requests that Congress approves a transfer of water rights from the Department of Energy to Grand County. The federal government is currently using the water for remediation related to the Moab Uranium Mill Tailings Remedial Action program. But that program might expire. And some in Grand County want to add the water to its municipal supply portfolio.
Stay tuned and keep following us for updates as more bills come into public view.