2014 2:00:00 PM

Monday, April 28, 2014 2:00 PM
Council Chambers, Legislative Bldg, 745 4th St., Sparks, NV

General Business: 6.1

Title: Consideration and possible endorsement and authorization for the Mayor to sign a Letter of Request to Nevada Department of Transportation to relinquish certain Truckee River water rights.

Petitioner/Presenter: John A. Martini, P.E., Assistant Community Services Director/Andrew Hummel, P.E., Utility Manager

Recommendation: Staff recommends the endorsement and authorization for the Mayor to sign a Letter of Request to Nevada Department of Transportation to relinquish certain Truckee River water rights.

Financial Impact: None at this time, however costs may be incurred in the Utility Enterprise Fund in the future to cover potential research and filing fees.

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief: The Truckee River Operating Agreement (TROA) is an agreement signed pursuant to Public Law 101-618. TROA allows for a congressionally authorized interstate allocation of water between Nevada and California and changed the operations of the Truckee River system to accommodate multiple beneficial uses. The Cities of Reno and Sparks, together with Washoe County, as signatories to TROA, are obligated to provide 6,700 acre-feet of Truckee River water rights. The Nevada Department of Transportation (NDOT) has appurtenant water rights to their Right of Ways within the Truckee Meadows. The letter presented herein is a request to NDOT to relinquish these rights pursuant to NRS 408.527. Staff recommends approval.

Background: The Truckee River Operating Agreement (TROA) is an agreement among five parties: California, Nevada, the Pyramid Lake Paiute Tribe, the United States, and the Truckee Meadows Water Authority (TMWA). There are approximately ten other parties signing which include: The Cities of Reno and Sparks, Washoe County, water purveyors in the Truckee area, and the Sierra Valley Water Company which takes water from the Truckee system to the Loyalton/Sierra Valley area. When implemented, TROA will allow for a congressionally authorized interstate allocation of water between Nevada and California and change the operations of the Truckee River system to accommodate multiple beneficial uses for drought supply, improve spawning flows for endangered and threatened fish specifies, improve water quality and California water use and storage. In addition, operations will enhance riparian habitat, re-establish river canopy, enhance reservoir releases, improve recreational pools in the reservoirs, and improve emergency draw-down procedures for Lake Tahoe. Section 1.E.4 of the TROA requires that the Cities of Reno and Sparks and Washoe County allocate 6700 acre-feet of Truckee Meadows Truckee River (Orr Ditch decreed) water rights to improve water quality within the Truckee River. This is in addition to the Water Quality Settlement Agreement (WQSA) dated 1996 which also allocated $12,000,000.00 for the acquisition of Truckee River water rights for the same purpose. The local governments had anticipated that the decreed Truckee River water rights appurtenant to roadways and street right of ways within each jurisdiction would produce sufficient water rights to meet this requirement. Early estimates supported this assumption. In 2006, the Cities of Reno and Sparks and Washoe Co. selected TEC, Engineering as the most competent firm to perform water rights research associated with the Street Rights of Ways within each jurisdiction. During the period of 2006-2010 TEC performed work for the three entities which resulted in the following (See Attachment 1). It is also estimated that NDOT owns as much as 2700 acre-feet of water rights appurtenant to their roadways and right of ways. The TROA 6700 acre-feet obligation however, does not apply to NDOT. Staff from the three local governments has had two extremely productive meeting with NDOT staff. Provisions of NRS 408.527 enable NDOT to relinquish these water rights to a city or county subject to the NDOT Board approval and subject to establishing that such relinquishment is for a public use and benefit. The attached letter to be signed by the three local governments request the NDOT Board support for relinquishment of NDOT water rights pursuant to the NRS 408.527 provisions.

Analysis: See background.

Alternatives: 1. City Council could endorse the Letter of Request as outlined by Staff. 2. City Council could reject the Letter of Request and provide direction to the City Manager.

Recommended Motion: I move to endorse and authorize the Mayor to sign a Letter of Request to Nevada Department of Transportation to relinquish certain Truckee River water rights.

Attached Files:

ATTACHMENT 1.pdf

NDOT letter for relinquishment req.pdf

TROA 1.E.4 agreement.pdf

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