Minues of he Nevada Sae Legislaure. AGRCULTURE Assembly CoDllillee OD.- - - - --- - - - - - Dae...,pril... 25,. 19 79 Page.- - - - MEMBERS PRESENT Chairman Hickey Vice Chairman Price Mr. Dini Mr. Fielding Mr. Geo Mr. Mann Mr. Marvel Mr. Tanner MEMBERS EXCUSED Mr. Chaney GUESTS PRESENT ' Roland Wesergard, Dep. Conservaion & Naural Resources Jae R. Shaw, Div. of Sae Lands Pee Morros, DCNR Bill Newman, Division Waer Resources Donna Lyle, Ranchers Shirley Mccrosky, Ranchers Torn Ballow, Nev. Dep.of Agriculure Dick Garrod, Farmers ns. Group Phil. Marinelli, Dep. Agriculure Michelle Cook, Rancers' Secreary Mike Murray, Washoe Co. Animal Conrol Harry W. Swainson, Depuy Aorney General William Paul, Depuy Aorney General John Polish, Assemblyman Dis. 35 Chairman Hickey called he meeing o order a 5:15 p.rn. and announced ha A.B. 745 would be he firs bill on he agenda. A.B. 745 - Provides for liabiliy of dog owners and cerain counies for injury o or deah of livesock in cerain circumsances. Mr. Dick Garrod, Farmers nsurance Group, objeced o he language in Sec. 4, lines 13, 14 and 15, which calls for puniive damages. He said he insurance company does no mind paying for damage done bu hey do objec o paying double he amoun of acual damages. Chairman Hickey read a elephone commen from Mr. Dar Anhony, Las Vegas Humane Sociey, adamanly opposing A.B. 745 and urging he commiee o kill he bill. Mr. Sam Mame, represening Clark Couny, had a problem wih Sec. 5 which allows claims agains a ciy or couny dog license fund. He did no believe a municipalily should be involved and suggesed deleing Secion 5. n response o Mr. Mann's quesion, Mr. Mame said Clark Couny received approximaely $40,000 revenue for (Commiee Mlames) A Form 70 8769 ~ 93
Minues of he Nevada Sae Legislaure Assembly Commiee on.- --- Dae.... :.i,-: c An r i 1 25 19 79 AGRCULTURE............ - - - Page - - 2 - - fiscal 1979-80 from dog licenses. Mr. Mike Murray, Washoe Couny Animal Conrol, raised he quesion of who could kill he dog. He said ha ofen he owner migh no be available and asked if a peace officer or he owner's agen could perform his ac. He also asked wha power he animal conrol division would have. was Mr. Mann's opinion ha anyone winessing an aack should have he righ o inervene. Mr. Murray also asked who would deermine wha he livesock was worh. Mr. Dini suggesed deleing Secion 2 on page 2 since he language was vague. A.C.R. 39 - Direcs division of sae parks of he sae deparmen of conservaion and naural resources o erminae acquisiions of land for Spring Valley Sae Park. Assemblyman Polish said ha he, Senaor Lamb and Senaor Blakemore had received many complains regarding he acquisiion of land by he Sae Park Division in Lincoln Couny, and A.C.R. 39 is a resul of hese complains by he ranchers. ' John Meder, Adminisraor, Nevada Sae Park Sysem, said he conroversy resuled from he filing of condemnaion acions in an aemp o obain land for he park. He explained ha he iniial acquisiion was direced by he 1977 Legislaure and he Park Division needs similar direcion from his Legislaure if hey are o sop condemnaion proceedings. Mr. Meder suggesed ha wo imporan addiions be made o A.C.R. 39. One, a hold harmless provision should be included which would provide ha he propery owners involved would no sue he sae for damages if he condemnaion acions were dropped. Two, he Park Division was also auhorized o consruc a power line and a provision graning a uiliy easemen should be included as a condiion of ceasing condemnaion proceedings. Mr. Mann said he would also like o add a provision providing ha if he land is no longer used for agriculural purposes he sae would have he righ o reener and purchase i. Mr. Bruce Alberson, an aorney represening a number of landholders in Lincoln Couny, said hey agree wih he Park Service ha A.C.R. 39 should be adoped, bu hey do no feel ha a hold harmless agreemen should be included a his ime. He expressed he opinion ha a local judge should be he one o deermine if damages were o be awarded he landholders. Mr. Mann disagreed wih his heory and said he sae should no ' A Form 70 (Commiee Mlnes) 8769 ~
=-~~~.~:==~~prii=~ Minues of he Nevada Sae Legislaure 2 s., 19_7_9--- - -- ----- ------------ --------- ---- -- -- - AGRCULTURE Page - - - - 3 - -- - give up he land for he park and leave iself open for law suis as well. Chairman Hickey asked Mr. Alberson wha coss he was referring o. Mr. Alberson replied ha cour coss would be approximaely $200. Mr. Meder said hese coss were no his concern, bu he was concerned abou law suis being filed agains his agency as had been done agains oher agencies afer condemnaion proceedings. Chairman Hickey asked if any farmers or ranchers desired o presen esimony regarding agriculural land being changed o subdivisions. Max, a landowner, saed i was his opinion ha any landowner should be permied o do as he wished wih his land. Mr. Mann quesioned how he landowners could reques ha a park be prohibied and hen allow an owner o iniiae a subdivision. Upon quesioning, Max said he was a rancher bu also in he subdivision and conracing business. Chairman Hickey presened a proposed bill relaing o underground waer righs in Diamond Valley and asked he commiee if hey wished o inroduce i afer cerain changes had been made. The commiee agreed o review he bill for inroducion afer such changes had been made. A.B. 724 - Limis appropriaion of waer for agriculure and waering livesock. Assemblyman Dean Rhodes presened proposed amendmens, a copy of which is aached as Exhibi A. Mr. -Swainson explained he proposed amendmens. Mr. Swainson reieraed his esimony conained in he April 18, 1979, minues of he Agriculure Commiee, regarding he necessiy for he Tax Commission o give is consen o allow he Unied Saes o acquire waer wihin he boundaries of he sae. Chairman Hickey read a elegram from Zane S. Miles of Elko, a copy of which is aached as Exhibi B. Mr. Wesergard said he had indicaed previously his posiion regarding A.B. 724 and he suggesed amendmens did no change his posiion. He said he basic quesion was wheher he Legislaure can find a way o ell he BLM ha hey canno file under sae procedures. was his opinion ha he Nevada Sae Waer Law has sood he es of many years and if some permis o BLM have o be issued, perhaps safeguards could be wrien ino he approval. Mr. Wesergard does no believe he sae can ell he Federal Governmen ha i is in a class by iself and i canno comply wih sae procedures. Mr. Mann again agreed wih Mr. Wesergard's opinion. A Form 70 (Commiee Mlnaes)
Minues of he Nevada Sae Legislaure AGRCULTURE Assembly Commiee April OD1...--- -- --- - - - -- 25, 1979 Dae - - - - Page - - - 4 - - COMMTTEE ACTON A.C.R. 39 - Mr. Dini moved ndefiniely Pospone. Seconded by Mr. Mann and unanimously carried. A.B. 745 Mr. Marvel o prepare amendmens. The meeing was adjourned a 6:45 p.m. Respecfully submied, Jane Dunne Assembly Aache A Form 70 (Colllllliee Mbmes) 8769 ~ 96
,,,, A.B. 724 - ENGROSSED WTH PROPOSED AMENDMENTS April 23, 1979 The People of he Sae of Nevada, represened in Senae and Assembly, do enac as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 SECTON 1. follows: NRS 533.070 is hereby amended o read as 533.030 1. Subjec o exising righs, all such waer may be appropriaed for beneficial use as provided in his chaper and no oherwi~e. The Sae Engineer shall no ake acion o approve or rejec an applicaion by he Unied Saes o appropriae he aublic waers of he Sae of Nevada unil he Neva a Tax Commission shall have given is consen pursuan o NRS 328.030 o 328.150, inclusive. NRS.328.030 is hereby amended o read as fol SEC. 2. lows: 328.030 Consen may be given for acquisiion of land, waer righs by he Unied Saes: Reservaion of cerain righs. 1. The consen of he Sae of Nevada o he acquisiion by he Unied Saes of America of any land or waer righ or ineres herein in his sae, includin ac uisiions of waer ri hs ap ro riaed ursuan o NRS chapers 533 and 534, excep lands or waer righs locaed wihin he boundaries of esablished and exising naional foress, desired for any purpose expressly saed in clause 17 of secion 8 of aricle of he Consiuion of he Unied Saes,] may be given by concurrence of a majoriy of he members of he Nevada ax commission, upon finding ha such proposed acquisiion and he mehod hereof and all oher maers 1. EXHBT A
, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 peraining hereo are consisen wih he bes ineress of he sae and conform o he provisions of NRS 328.030 o 328.150, inclusive. 2. The consen of he Sae of Nevada in accordance wih he principles se forh in subsecion 1, and subjec o he limiaions and resricions of NRS 328.030 o 328.150, inclusive, may also be given by concurrence of he majoriy of.he members of he Nevada ax conrrnission in cases where privaely m,med or sae-owned real propery is desired by he Unied Saes for reclamaion projecs, flood conrol projecs, proecion of waersheds, righs-of-way for public roads and oher purposes. The consen of he Sae of Nevada o any acquisiion pursuan o his subsecion is subjec o and he sae does hereby reserve he righ of axaion o iself and o is municipal corporaions and axing agencies, and reserves o all persons residing upon such land all poliical and civil righs, including he righ of suffrage. Sec. 3. This ac shall become effecive upon passage and approval. EX\-\ L a. T A. lie 2.
..,. -- D G) ~. - ae,.... -.\ 1 ;~: L. - ~.. ;: PMM~~~A~~~<.i4JS> < 4-~383~~i:;s ipo 0:/1a/19' 14:)4. e; 7027 383171 TDMT ELKO NV 97 0 4 l 6 0234P EST. PMS SERGEANT AT ARMS.. d ASSEM3LY LEGSLATVE SLOG _. _., _,,v CARSON CTY NV, -. la TO CHARMAN HCKEY, MEMBERS., ASSEMBLY AGR!CULTURS C~MM!TTEE N\/OLVSD _.._TRAL ELKO WEATH R MAY_PROHST AR TRAVEL CAR,SON TO APPEAR YOUR - Wf HEARNG TODAY ::-AB724 F CANNOT APPEAR., PLEASE SUBMT ~LEGAL -. CD 1-EMORANOU.M_.RE. S.l'i--NVADA---WAXER-;Sl.TlJ.AT-lON.-"PRESENTED YOUR ELKO VST! - AS. MY. TE~TlMQN.. Tl.J..RTHERa.PLEASE PLACE ON RECORD MY FRM 8E:L!Ef,,;..'T"'. 16 T -- STATE. ENGNEER CANNOT.--RE?E.AT rusi:-. ::. \ TS a;:; REQUE~ i:. F" EXSTNG LAW SATSF'ED F' ;:- ENGNEER Sh r- REFUSE 8 :. OULD OBTAN WRT Of MANOAi"lU.::, F'O,...NG NEER TO GR -'~c a. i:. : ii - E. _:_-~-! _ <.a, _',_' CD...,... a- :~ -.-,--- ----,. WATER'R GHTS. PL \.... NEXT HEAR.NG A~724-AND 1.;~'-'... ATTEND S l NCER-~ REGARDS - 1.,ZANE/ S ML S->_;;_ ESQU,RE ELJ<O NV NNNN -.... - -. >,- -, <..-... ~..,( ;.,. /, ' 99
'e Subjec A.C.R. 39 April 25, 1979 ----------- 60TH NEVADA LEGSLATURE ASSEMBLY AGRCULTURE COMMTTEE LEGSLATVE ACTON MOTON: Do Pass Amend ndefiniely Pospone _x Amend & Do Pass Moved by AMENDMENT: M_r_.~D~i= n=i~ -------- Seconded by Mr. Mann Moved by AMENDMENT: ------------- Seconded by Moved by ------------- Seconded by lote: MOTON AMEND Yes No Yes No Yes AMEND No Chaney Dini Fielding Geo Hickey Mann Marvel Price Tanner Ab en TALLY: 8 ------------ -------------------------- ORGNAL MOTON: Passed x. Defeaed Wihdrawn ---- ---- ---- AMENDMENT: Passed Defeaed Wihdrawn AMENDED & PASSED: Passed Defeaed ---- Aached o Minues of April 25, 1979 100