Utah/Nevada Ground-Water Utah/Nevada Ground-Water Apportionment and Apportionment and

Protection AgreementProtection Agreement

Utah/Nevada Agreement:Utah/Nevada Agreement:

1. 1. PROTECTSPROTECTS existing water rights existing water rights

2. 2. FOLLOWSFOLLOWS Utah/Nevada water law Utah/Nevada water law

3. 3. ALLOWSALLOWS maximum sustainable maximum sustainable useuse

4. 4. ALLOWSALLOWS public comment public comment

5. 5. PROVIDESPROVIDES environmental environmental safeguardssafeguards

6. 6. ANTICIPATESANTICIPATES future unknowns future unknowns

Utah - 1.369

Arizona - 0.05

Arizona - 2.8

Nevada - 0.3

California - 4.4

Mexico - 1.5 2

New Mexico - 0.669

Wyoming - 0.833

Colorado - 3.079

Compact and Treaty ApportionmentBased on Current Hydrology

(in million acre-feet per year [MAF])

LB - 7.5 3UB - 6.0 1

TOTAL - 15.0 MAFY1 The Upper Basin supply of 6.0 maf is based on a firm supply during an extended drought2 It is the position of the Upper Basin States that there is adequate water in the Lower Basin tributaries

to meet the majority of the treaty allocation to Mexico and the Upper Basin is only required to provide half of any shortage

3 The Colorado River Compact allows the Lower Basin States to use an additional maf per year from the Lower Basin tributaries

60%

40%

Lincoln County Conservation, Recreation, Lincoln County Conservation, Recreation, and Development Act of 2004and Development Act of 2004

(3) Agreement(3) Agreement.—Prior to any transbasin .—Prior to any transbasin diversion from ground-water basins located diversion from ground-water basins located within both the State of Nevada and the within both the State of Nevada and the State of Utah, State of Utah, the State of Nevada and the the State of Nevada and the State of Utah shall reach an agreementState of Utah shall reach an agreement regarding the division of water resources of regarding the division of water resources of those interstate ground-water flow those interstate ground-water flow system(s) from which water will be diverted system(s) from which water will be diverted and used by the project. The agreement and used by the project. The agreement shall allow for the maximum sustainable shall allow for the maximum sustainable beneficial use of the water resources and beneficial use of the water resources and protect existing water rights.protect existing water rights.

What is Snake Valley’s Sustainable What is Snake Valley’s Sustainable Yield?Yield?

Several studies have concluded there Several studies have concluded there is 105,000-111,000 acre feet of is 105,000-111,000 acre feet of sustainable yieldsustainable yield

BARCAS suggests 132,000 available BARCAS suggests 132,000 available ETET

The agreement creates The agreement creates three categories of three categories of Snake Valley waterSnake Valley water

Category 1: AllocatedCategory 1: Allocated

Category 1 was created to protect Category 1 was created to protect existing rightsexisting rights

Allocated water has priority dates prior Allocated water has priority dates prior to October 17, 1989to October 17, 1989

It includes Fish Springs water rights It includes Fish Springs water rights Allocated has Allocated has highesthighest priority of priority of

protection protection

Category 2: UnallocatedCategory 2: Unallocated

Unallocated water has priority dates on Unallocated water has priority dates on or after October 17, 1989or after October 17, 1989

Approvals of 1,000 AFY require a Approvals of 1,000 AFY require a hydrologic monitoring and hydrologic monitoring and management planmanagement plan

Category 3: ReservedCategory 3: Reserved

Is only available upon agreement of Is only available upon agreement of both state engineers that Category 1 both state engineers that Category 1 and Category 2 will not be and Category 2 will not be unreasonably affectedunreasonably affected

Proposed Water DivisionProposed Water Division

NevadaNevada Utah Utah

Category 1-Allocated Category 1-Allocated 12,000 ac/ft 12,000 ac/ft 55,000 55,000 ac/ftac/ft

Category 2-Unallocated 36,000 ac/ftCategory 2-Unallocated 36,000 ac/ft 5,000 5,000 ac/ftac/ft

Category 3-ReservedCategory 3-Reserved 18,000 ac/ft 18,000 ac/ft 6,000 6,000 ac/ftac/ft

TotalTotal 66,000 ac/ft 66,000 ac/ft 66,000 66,000 ac/ftac/ft

Agreement protects existing users by:

Creating procedures to identify and Creating procedures to identify and mitigate adverse impacts from SNWA mitigate adverse impacts from SNWA withdrawals. withdrawals.

Establishing Interstate Panel to resolve Establishing Interstate Panel to resolve disputes rising between existing users and disputes rising between existing users and SNWA.SNWA.

Maintaining a monitoring and mitigation Maintaining a monitoring and mitigation account of $3 million.account of $3 million.

The State Engineers will confer as The State Engineers will confer as necessary to evaluate water necessary to evaluate water availability in light of new data.availability in light of new data.

All collected data will be made All collected data will be made available for public review. available for public review.

Nevada agrees to hold SNWA Nevada agrees to hold SNWA Snake Valley water applications Snake Valley water applications

in abeyance until in abeyance until September 2019September 2019. .

Additional hydrologic and Additional hydrologic and biologic data may be gathered biologic data may be gathered

before any decisions are made.before any decisions are made.

Section 5.4Section 5.4

Agreement prohibits:Agreement prohibits: Ground-water miningGround-water mining Impairment of water qualityImpairment of water quality Compaction of aquifers or surface Compaction of aquifers or surface

instabilityinstability

Section 5.4 Section 5.4 (continued)(continued)

States agree to re-consult anytime in States agree to re-consult anytime in the future to redetermine available the future to redetermine available ground-water supply. If withdrawals ground-water supply. If withdrawals

exceed supply, State Engineers must exceed supply, State Engineers must act to reduce withdrawals by act to reduce withdrawals by priority..

Environmental AgreementEnvironmental Agreement

Utah and SNWA enter into the “Snake Utah and SNWA enter into the “Snake Valley Environmental Monitoring and Valley Environmental Monitoring and Management Agreement.” Management Agreement.”

Objective #1 is to understand the baseline Objective #1 is to understand the baseline conditions for biology, hydrology and air conditions for biology, hydrology and air quality.quality.

Objective #2 is to provide for a plan of Objective #2 is to provide for a plan of operation and a definitive, binding operation and a definitive, binding process for resolving disputes.process for resolving disputes.

Environmental Agreement Environmental Agreement (continued)(continued)

Terms of this agreement Terms of this agreement become a condition of any become a condition of any water application approval water application approval

made by Nevada State made by Nevada State Engineer.Engineer.

Environmental Agreement Environmental Agreement (continued)(continued)

Counters adverse effects by Counters adverse effects by avoiding problem initiallyavoiding problem initially

Minimizes adverse effectsMinimizes adverse effects Mitigates for adverse effectsMitigates for adverse effects

Environmental Agreement Environmental Agreement (continued)(continued)

SNWA agrees to participate with SNWA agrees to participate with Utah in the “Columbia Spotted Frog Utah in the “Columbia Spotted Frog Conservation Agreement” and the Conservation Agreement” and the “Least Chub Conservation “Least Chub Conservation Agreement.”Agreement.”

Expands scope of monitoring to Expands scope of monitoring to adjacent valleys downgradient and adjacent valleys downgradient and requires air quality monitoring.requires air quality monitoring.

Utah/Nevada Agreement:Utah/Nevada Agreement:LIMITSLIMITS use of Snake Valley water resources 60,000 use of Snake Valley water resources 60,000

af (Utah) to 48,000 af (Nevada).af (Utah) to 48,000 af (Nevada).POSTPONESPOSTPONES SNWA water right applications before SNWA water right applications before

the Nevada State Engineer until 2019.the Nevada State Engineer until 2019.DEFINESDEFINES environmental protocol to protect air quality environmental protocol to protect air quality

and sensitive species.and sensitive species.INCLUDESINCLUDES environmental protections in Utah as a environmental protections in Utah as a

condition of any SNWA water right granted by the condition of any SNWA water right granted by the Nevada State Engineer.Nevada State Engineer.

PROVIDESPROVIDES a simplified mitigation process for any a simplified mitigation process for any Utah water user impacted by SNWA.Utah water user impacted by SNWA.

DOES NOTDOES NOT sell or give water to Las Vegas or sell or give water to Las Vegas or authorize any Nevada pumping or pipeline in Utahauthorize any Nevada pumping or pipeline in Utah..

We Have a Choice:We Have a Choice:

Cooperative Nevada/Utah aquifer Cooperative Nevada/Utah aquifer management with common goals and management with common goals and

built-in environmental protectionsbuilt-in environmental protections

OROR

Individual state aquifer management Individual state aquifer management agendas destined to inevitable discordagendas destined to inevitable discord

Comments:Comments:Email comments:

snakevalley@water.nv.govsnakevalley@utah.gov

Written comments:

Snake Valley Comments

c/o Nevada Department of Conservation and Natural Resources

Suite 5001

901 S. Stewart Street

Carson City, NV 89701

Snake Valley Comments

c/o Utah Department of Natural Resources

Division of Water Rights

1594 West North Temple, Suite 220

Salt Lake City, UT 84114