The management of water resources in Northern Nevada has been a major issue for land development for some time.  We are either planning for importation projects, reducing the impact of 100 year floods, designing for low impact storm drainage, reviewing water quality standards, designing to preserve wetlands, addressing codes to conserve water or just plain finding water rights at a reasonable cost.  The proper management to balance the needs of a positive economy and a quality water resource is imperative for our future.
   The Office of the State Engineer has been given the authority to determine water issues ranging from assuring that water is available in each basin throughout Nevada to how much can be used at any given time.  This includes overseeing the appropriation, distribution, and management of the state’s surface and groundwater resources. 
   Nevada water law is founded on the doctrine of prior appropriation, or "first in time - first in right".  Nevada law explicitly states that all waters of Nevada are public property, and a water right is a right to put that water to beneficial use. Beneficial use is the basis of a water right in Nevada. Nevada water law is set forth in the Nevada Revised Statutes (NRS), Chapters 532 through 538.  Water rights are documented and issued.  Water can be transferred under certain provisions of NRS.  This may seem straightforward but many levels of priority exist that can cause legal debate. 
   For example, the Nevada Supreme Court recently ruled in a case between the Southern Nevada Water Authority and the Great Basin Water Network (Ely) that the required public hearing process had been violated by the State Engineer, and that an application for a major water importation project to Las Vegas was invalid.  The Builders Association of Northern Nevada is watching this issue for our developers in case the ruling is expanded to other applications.        
   Next, consider the $1,600,000,000 Truckee River Flood Management Project (TRFMP).  The mission of the TRFMP is to reduce the impact of flooding in the Truckee Meadows, restore the Truckee River ecosystem, and improve recreational opportunities.  The Truckee River has had one major flood per decade. The 1997 New Year’s Day flood showed the power of Mother Nature and the impact of building in a floodplain wheb a 100-year plus flood occurs. The damage costs were staggering at $600 million, 15,000 jobs affected and ravaged more than 7,000 acres of land.  Yes, we need a project to control flooding.  But has the program integrated solutions to consider up stream storage, which could help during drought, improve water quality and conservation?  The Builders Association of Northern Nevada is asking these questions and will work with TRFMP staff to address the difficult issues.
   Many years ago local governments were directed by Federal and State Environmental Protection agencies to develop storm water discharge management standards.  The program involved construction site best management practices to protect from erosion and pollution of downstream environments.  Washoe County, Reno and Sparks have come a long way in the implementation of the directives.  To staff’s credit, multijurisdictional manuals were created for drainage design issues.  The Builders Association of Northern Nevada has and will continue to work with the State and local governments to refine these processes to avoid bankrupting the builder.
   One very exciting issue is the consolidation of TMWA and Washoe County Water.  This has been a huge effort by the leadership of both organizations and our government officials.  In their Preliminary Assessment Reports, staff teams concluded that there are opportunities to achieve long-term benefits for improved customer service, reliability and cost reductions through integration.  Additional analysis concluded that it is financially feasible over a few years to achieve cost reductions estimated at $2 to $3 million.  The goal of these water purveyors is to manage our existing water supplies to ensure that this precious resource is available to meet current demand and to plan for future water supplies to provide the same assurance to future users. The Builders Association of Northern Nevada has promoted and supported this effort.
   Water planning is among the most important services provided by regional government.  According to the Nevada State Demographer’s Office, Washoe County’s 2007 population was approximately 420,000 people. Our average annual growth over the past 20 years has been around 9,000 people per year, an average of 2.8%.  A new forecast will be available in March 2010 to confirm the current status, which could reflect the effects of the economic slowdown.
   Eighty-five percent of the current water supply in the Truckee Meadows comes from California via the Truckee River, and the remaining 15 percent is supplied through ground water wells. Actual growth cannot outpace water supply because new development approvals, including building permits and subdivision maps, are required by law to be accompanied by proof of valid and adequate water rights. Local water purveyors cannot deliver more water than is allowed by water rights and drought reserves.
   Also, water rights for the Truckee River and surrounding creeks were fixed with the Orr Ditch Decree in 1944 and cannot change—only their ownership can change. New developments must acquire water rights from a willing seller. Anytime someone wants to build a house, subdivision, or a business, they must bring existing water rights to their water purveyor. There cannot be an increase in the amount of water taken from the river. The only thing that changes is how the water is used. The development community pays for infrastructure and water rights related to new growth when they build a project.
   Infrastructure improvements envisioned to provide for the region’s water-related needs to the year 2030 are presented in two primary documents: The City of Reno and Washoe County TMSA/FSA Water, Wastewater and Flood Management Facility Plan (2007), and the City of Sparks Conceptual Facility Master Plan (2008).  In the future, expanded use of high-quality reclaimed water for irrigation purposes could provide additional means of beneficially utilizing reclaimed water, while at the same time extending the region’s limited water supplies.
   The water planning puzzle must include all phases of water use and its impact.  If all the pieces are correctly fit together, the Truckee Meadows will have an incredible picture for the future.  The Builders Association of Northern Nevada is committed to planned growth, with water resources being integral to our industry’s future.

(Additional information on water and other development issues, contact Jess Traver, BANN’s Government Affairs Director, at jesst@thebuilders.com or call 775-329-4611.)