Paiutes challenge Valley water transfers

A protest by the Pyramid Lake Paiute Tribe to stop water transfers in Nevada has derailed numerous plans in Carson Valley, including plans by Douglas County officials.

These transfers are approved through Nevada's Division of Water Resources and once filed, protests can be lodged over a 30-day period, said County Commissioner Kelly Kite.

"We want to transfer water rights from one well in the Valley to another and they (the tribe) filed a protest against that," he said. "In this case it was Douglas County, but if one of the local ranchers wants to pump from one well because another isn't producing, the tribe can file a protest."

Carl Ruschmeyer, Douglas County engineer, said about a half-dozen protests have been filed involving the county, many for parcel map subdivisions that are required to dedicate water rights to the county under code.

One protest for the county has been filed to transfer water rights from the Heybourne well, which has high arsenic levels, to another well with lower arsenic levels. The change is an attempt to meet new federal guidelines for minimum arsenic levels, Ruschmeyer said.

Gardnerville Ranchos General Improvement District Manager Bob Spellberg said three applications for the district have been protested, many concerning subdivisions that are required to transfer water rights previous to development.

The consequences could have serious implications for any type of development, said Ed James, general manager of the Carson Water Subconservancy District.

Hearings are scheduled for private entities, like the Bently Family Limited Partnership. Steven and Barbara Sikora wanted to change a point of diversion for 11.2 acre-feet a year, according to information from the Nevada Division of Water Resources.

"The tribe is challenging everyone because they have been admonished in the past for being selective," James said. "For uniformity's sake they have to challenge everything."

The tribe is concerned that development is taking the water that historically flowed to the river, then east to Lahontan (reservoir). If that water is lost to development, more water will be diverted from the Truckee River and that means less water flowing into Pyramid Lake, James said.

A call to the Pyramid Lake Paiute Tribe was not returned before press time.

Churchill County, whose agricultural business depends on irrigation water flowing from the Truckee River, shares those concerns, James said.

"Since Churchill County is part of our agency, we're working with all groups to ensure everyone gets what they're entitled to," he said. "We're trying to get everyone on the same page. If we get those agreements, we'll work with the tribe to show them that if the flows to Lahontan aren't impacted, there's no reason for them to challenge water rights upstream.

"If we can resolve this outside of court, we'll save everyone money," he said.

The problem can mean big money for local governments or private interests.

Water issues are complex and Lyon County officials paid $670,000 to an attorney and engineer to deal with the issues, according to Deputy District Attorney Bob Morris.

At their last meeting, Douglas County Commissioners gave the District Attorney's office the discretion to hire attorneys or other professionals specializing in water rights issues, as well as the hiring of Turnipseed Engineering LTD for $9,500 to deal with these issues. Any decisions are to be referred back to the Board of Commissioners.

"This is an expense that could grow," said Doug Johnson, chairman of the Douglas County Board of Commissioners.

In a recent settlement, Carson City-based Vidler Water Co., which focuses on the development reliable water supplies for end users, settled with the Pyramid Lake Paiute Tribe for $7.2 million in cash along with 6,214 acres of land valued at about $500,000, according to an article from Northern Nevada Business News.

Announced June 5, the deal permanently resolves the tribe's objections to a north Washoe County water importation project of up to 8,000 acre-feet per year, from Fish Springs Ranch to the Reno area, the article said.

Douglas County water rights issues are set for hearings before the Nevada Division of Water Resources from Aug. 6-10 in the Division of Water Resources' hearing room, 901 S. Stewart St., Carson City. For more information visit their Web site, www.water.nv.gov/Hearings/hearings.cfm.

Susie Vasquez can be reached at svasquez@recordcourier.com or 782-5121, ext. 211.