Sparks City Council Meeting 9/26/2016 2:00:00 PM

    Monday, September 26, 2016 2:00 PM
    Council Chambers, Legislative Bldg, 745 4th St., Sparks, NV

General Business: 9.10

Title: Consideration and possible termination of Agreement (AC-5294) on Management of Water Rights Appurtenant to Street Rights-of-Way between City of Sparks, City of Reno, and Washoe County (Ref: A-3491).
Petitioner/Presenter: John A. Martini, P.E., Community Services Director/Andrew Hummel, P.E., Utility Manager
Recommendation: Staff recommends the termination of Agreement on Management of Water Rights Appurtenant to Street Rights-of-Way between City of Sparks, City of Reno, and Washoe County (A-3491).
Financial Impact: None.
Business Impact (Per NRS 237):
    
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

The Agreement on Management of Water Rights between Reno, Sparks and Washoe County was entered into in February of 2007 to provide a funding mechanism in the event that the 6,700-acre-foot water rights requirement outlined in Section 1.E.4 of the Truckee River Operating Agreement was not realized by the three entities street water rights.  As this obligation has been met, the agreement is not necessary and may be terminated.  Staff recommends approval.



Background:

Prior to 2007, the Reno, Sparks and Washoe County (Entities) were negotiating with the Pyramid Lake Paiute Tribe (PLPT) the details as to satisfying the obligation pursuant to Section 1.E.4 of the Truckee River Operating Agreement (TROA) to provide 6700 acre feet of water rights.  In 2007, the Entities agreed to designate their respective water rights associated with street right-of-ways toward the satisfaction of the 6700 acre feet.  In this regard, the Entities entered into a management agreement for the purpose of acquiring additional water rights, a funding source for the acquisition of the water rights, and reimbursement as to the acquisition of additional water rights.  Through various mechanisms the Entities met their obligation without having to use the funding mechanism set forth in the February of 2007 Agreement.  



Analysis:

The agreement is not necessary as the entities met the obligation to provide 6700 acre feet of water rights pursuant to Section 1.E.4 of the Truckee River Operation Agreement in August of 2015.  The agreement provides for its termination by a written instrument executed by the Entities which is being presented for approval.   Since the ownership of water rights evolved since the February 2007 Agreement, the termination is warranted and management of the water will be addressed in a separate agreement currently being developed.



Alternatives:
  1. City Council could approve the Termination as outlined by Staff.
  2. City Council could reject the Termination and provide direction to the City Manager.


Recommended Motion:

I move to approve the termination of agreement on water rights as outlined by Staff.



Attached Files:
     Agreement with RSW terminating management of 6700 AF water rights agreement.pdf
Previous Item
Next Item
Return To Meeting