PURPOSE
The BLM Nevada State Director established the Nevada Groundwater Projects Office to facilitate the preparation of environmental impact statements (EIS) for three rights-of-way applications. The applications are for the placement of surface facilities (wells, roads, pipelines, and power lines) to develop and transport water across public lands. The links below provide detailed information for each of the three projects.
AGENCY ROLES & RESPONSIBILITIES
The Lincoln County Conservation, Recreation & Development Act of 2004 establishes several corridors in Lincoln and Clark counties for the purpose of water conveyance systems and associated facilities. The BLM’s role is to grant or deny the rights-of-way applications for the surface facilities, which is subject to the National Environmental Policy Act. The water rights associated with these projects are granted through the Nevada State Engineer and are not subject to BLM jurisdiction.
Lincoln County Conservation, Recreation, and Development Act of 2004 (LCCRDA, Public Law 108-424) provides for many changes that will take place throughout Lincoln County, Nevada:
Title I (Land Disposal) directs the Secretary of the Interior to conduct land sales of approximately 103 acres in southern Lincoln County.
Title II (Wilderness Areas) identifies 14 new wilderness areas and releases other specific areas from wilderness designation.
Title III (Utility Corridors) provides for several groundwater transmission facility corridors to be used by Southern Nevada Water Authority (SNWA), LCWD, and others for the facilities necessary for construction and operation of water conveyance systems, subject to the National Environmental Policy Act (NEPA).
Title IV (Silver State Off-Highway Vehicle Trail) designates the Silver State Off-Highway Vehicle Trail system.
Title V (Open Space Parks) directs the Secretary of the Interior to convey up to 15 acres to Lincoln County and additional lands to the State of Nevada for open space parks.
Title VI (Jurisdiction Transfer) establishes requirements for jurisdictional transfers between the U.S. Fish and Wildlife Service and BLM.
These actions are expected to take place within Lincoln County, and will therefore occur under all alternatives, including the "No Action" alternative. Each EIS will have to consider the potential for cumulative effects from these actions.
THE WATER RIGHTS PROCESS
The Nevada Division of Water Resources, Office of the State Engineer is responsible for administering water law and managing Nevada's water resources. The water rights process is separate and distinct from the right-of-way process. The BLM, through the Environmental Impact Statements (EIS's), will analyze potential impacts from construction and operation of pipelines, power lines, pump stations, wells, and other facilities for the conveyance of water owned by the Applicant under Nevada State Law. The EIS's will also include impacts analyses of indirect and cumulative impacts of the proposed withdrawals from the affected basins. The BLM will then issue a decision on the right-of-way application. However, the BLM does not have authority to make any decisions regarding the amount of water to be pumped, nor will the agency decide what basins or points of diversion will be used.
The BLM participates in the water rights process in the same manner as any Nevada citizen. This includes protesting water rights applications that may affect resources for which BLM is responsible. The BLM, like any Nevada citizen, may also enter into Stipulated Agreements with the water rights Applicants and withdraw protests accordingly. These Stipulated Agreements often allow the agencies to assure that their resources are more completely protected through stringent monitoring and mitigation that might not be required as part of the water rights appropriation. Sometimes these stipulated agreements call for additional negotiations. If at any time during the process consensus cannot be reached, all parties to the Stipulated Agreement maintain their right to use the Nevada Water Right's process.
Various Department of Interior agencies have entered into Stipulated Agreements with water rights applicants in basins where BLM is also processing right-of-way applications to transport that water. There is no legal connection between the Stipulated Agreements and the Environmental Impact Statements being prepared to process the right-of-way application. However, in some cases the BLM may choose to recognize in the EIS any monitoring and/or mitigation actions required by the Stipulated Agreement. Within the EIS, the BLM may adopt these requirements as well as require additional monitoring and mitigation if necessary. If monitoring activities show that impacts to Federal resources are occurring, the BLM, like any other affected party, would use Nevada State Law to address the concerns.
Programs
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