At the November 6, 2017, Concurrent Meeting of the City of Sparks Council (Sparks Council), the City of Reno Council (Reno Council), the Washoe County Board of County Commissioners (WC-BCC), and the Truckee Meadows Water Authority Board (TMWA Board), a presentation on “Water Projects” entitled “Presentation, discussion and possible action on the status of the review and approval of “Water Projects” by the Truckee Meadows Water Authority, the Washoe County Health District, and/or the Nevada Department of Environmental Protection, and possible direction to staff. [For Possible Action]” was given by Greg Lovatto, Administrator-NDEP; Kevin Dick, District Health Officer-WCHD; and Mark Foree, General Manager-TMWA.

The presentation consisted on provided the members attending the Concurrent Meeting with background information on the rules and legalities of “Water Projects” from the state and local perspective. The presentation highlighted the way the WCHD reviewed projects changed in the March 2017 timeframe and project approval flow slowed down and created concern from the local development community. The approval process was changed and operational constraints were not communicated to the local governments or development community.

NDEP, WCHD, and TMWA have been meeting to resolve the operational concerns of the local area developers causing delays in approving construction projects involving the various elements which can trigger “water projects” as defined by NRS and WCHD administrative rules.

The main change in approving some “water projects” was the elimination of an approval waiver between WCHD/NDEP and TMWA. The trigger to remove the waiver appears to have been with engineering documents in need of change for final approval by WCHD. The elimination of the waiver required the WCHD plans examiner position to review and approve every project where a “water project” could be defined. Minor to significant delays in approval were affecting jobs across the Washoe County.

NDEP, WCHD, and TMWA have been working on resolving the time delays and have determined re-instating the waiver system combined with changes in the Nevada Administrative Code (NAC) are necessary next steps. The negotiation between NDEP/WCHD and TMWA to re-instate the waiver system can happen somewhat quickly, possibly within 30 days. Changes to NAC will require extensive codification work and resolution through the Nevada Legislative Counsel Bureau (LCB) and the possibly the Nevada Legislature (2019).

The WC-BCC passed a motion requesting NDEP, WCHD, and TMWA to:

1. Report within 30 days [first entity meetings in December 2017] the progress of re-instituting the waiver system for TMWA to be the approving entity for certain “Water Projects.” And,
2. Report within 90 days [first entity meetings in February 2018] the progress of operational improvements on approvals of all “Water Projects.”

1. The Council may approve a motion requesting the NDEP, WCHD, and TMWA provide certain information on a timely basis.
2. The Council may not approve a motion requesting the NDEP, WCHD, and TMWA provide certain information on a timely basis.
3. The Council may not approve a motion requesting the NDEP, WCHD, and TMWA provide certain information on a timely basis and provide other direction to the City Manager.

“I move the City of Sparks Council is requesting NDEP, WCHD, and TMWA to:

1. Report within 30 days [first entity meetings in December 2017] the progress of re-instituting the waiver system for TMWA to be the approving entity for certain ‘Water Projects.’ and,
2. Report within 90 days [first entity meetings in February 2018] the progress of operational improvements on approvals of all ‘Water Projects.’”