Easements prevent building in flood zone

Owners of property adjoining the Carson River can prevent urban development in extremely hazardous flood zones by creating conservation easements on the land.

One of the most promising ways for ranchers to preserve an undeveloped "river corridor" is to sell a conservation easement to a government entity. The Bureau of Land Management is in a good position to make such purchases. They have funding that they can use for this purpose from land sales under the Southern Nevada Public Lands Management Act.

A local ranch couple will soon be the first in Nevada to complete a conservation easement sale to the BLM under the act. David and Kathi Hussman worked with the American Land Conservancy to design a conservation easement that will protect 300 acres of their land between Highway 395 and the Carson River south of Gardnerville in Carson Valley. The American Land Conservancy, a nonprofit conservation organization, helped negotiate the terms of the contract and took care of much of the paperwork for the transaction.

Under the arrangement, the landowners will sell the development rights on their property to the easement holder. In return, the Hussmans agree to manage and preserve their ranch's "conservation values" for future generations. They will continue to own and operate their ranch, and are happy knowing that it will not be carved into subdivisions if they ever stop ranching.

The Hussman Ranch is a beautiful piece of property in the flood plain next to the East Fork of the Carson River. It has been declared one of Nevada's "Centennial Ranches," because the same family has farmed it continuously for over 100 years. Hussman's great grandfather purchased the ranch in 1872 from a rancher who held an 1861 water right for the operation.

Kathi Hussman says she likes being paid not to develop the property, because she and David never wanted to develop in the first place. They are attached to the land and its wild creatures. They also know their children might not be interested in the tough farming life. Yet, they believe in the value of continuing agricultural land use on such property. Once the property has a conservation easement covering it, future owners will not be able to develop the land.

Kerry O'Toole, Conservation Director at the American Land Conservancy, says conservation easements are win-win solutions for landowners who want to maintain their agricultural operations on their land while being compensated for its development value. "Easements are a tremendous tool for landowners who want to prevent development in the Carson River flood plain and conserve the ranching heritage of the valley. Landowners can arrange conservation easements that pay them for extinguishing development rights while still allowing the flexibility to restrict public access and continue ranching."

The Hussmans can continue to live on and farm the land, because they have been paid "up front" for those development rights. With this payment, they will be able to afford to purchase a new tractor or make some needed improvements.

The BLM has more funding for conservation easements. Through the sales of public lands in the Las Vegas area, the SNPLMA has raised billions of dollars that are to be used to protect environmentally sensitive lands in Nevada.

It has taken several years for the Hussmans, BLM and the American Land Conservancy to work out all the details of the contract, the appraisal, and other matters. Laura Crane, of The Nature Conservancy, thinks that once this transaction and a similar conservation easement on the River Fork Ranch are completed, the process will speed up. She thinks that other ranchers interested in selling conservation easements near the river channel will be able to reach an agreement and be paid much quicker.

The contracts for the first two easements have been carefully scrutinized by many people to work out the bugs and make them acceptable to the owners. These contracts will be able to serve as "templates" for other ranchers to adapt for conservation easements on their properties near the river.

Landowners who are interested in selling an easement can learn more by contacting BLM or the following nonprofit conservation organizations:

n American Land Conservancy, (775) 340-1545

n The Nature Conservancy, (775) 322-4990

n Nevada Land Conservancy, (775) 851-5180

n John Cobourn is a water resource specialist with University of Nevada Cooperative Extension. Steve Lewis is the Douglas County Extension Educator with University of Nevada Cooperative Extension