John Cobourn
In early June 2015, Reno’s KNRV News Channel 4 aired a story
which quoted me as saying that storing rain water from home downspouts in
barrels for later use on the landscape is illegal in Nevada. This is true,
though this is rarely enforced. In the next few days, over 60 people commented
online about the ”ridiculous” nature of this story. The strong reaction made me
realize that some Nevadans do not understand Nevada’s water supply nor the laws
and regulations that govern it. In times of drought, this is an important topic
to learn about.
Nevada’s water supply is the surface water available for use
from streams, lakes and reservoirs plus
the groundwater from wells. It is
replenished each year by variable amounts of precipitation, and it is depleted
each year by evaporation, transpiration by plants, and consumptive
(evaporative) uses by humans. In terms of climate, Nevada is the driest state
in the nation.
Carson River floodplain from Kingsbury Grade |
In the current drought (see Livingwithdrought.com for more information, and the final report from the Nevada Drought Forum (available soon (December, 2015) at http://drought.nv.gov/), our surface water supplies are much
lower than average due to decreased winter snowpack. The groundwater in aquifers in many places is
being used more rapidly than it is replenished by precipitation. In some agricultural
regions, farmers are using more “supplemental water rights” from wells to grow
thirsty crops like alfalfa—Nevada’s primary crop. In some valleys, the water
tables are dropping.
The Carson River sustains agriculture, wildlife habitat and rangeland along its course, from the Sierra Mountains to the terminus in the Carson Sink. |
Water in Nevada is used as follows: About 80% of water is
used for irrigated agriculture. Public supply for municipal and industrial use
accounts for around 13% of water use and mining uses about 7%.
All surface and ground water in Nevada belong to the people
of the State. Entities within the State can use that water if they own ”water
rights” for use of a specific quantity of water in a particular place for a
specific “beneficial use” such as irrigating a certain number of acres of
alfalfa.
Residents cannot capture and store precipitation for later
use unless they own a water right to put the water to beneficial use. Water law
is based on the appropriation doctrine of “First in time—First in right.” In
times of drought, senior rights owners can use all of their water before junior
owners get to use any. Water law is described in Nevada Revised Statutes 533
and 534, and further defined by court cases and court decrees.
Water law and the water supply in Nevada are complicated. In
future blogs, I will explain some of the facts in this article in more detail.
It is a fascinating field of study that is part of Nevada’s rich frontier
history.
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