1 00:00:00,000 --> 00:00:28,880 Regular scheduled meeting of the Southern Matter Water Authority for August 30th, August 20th, Russia, no month, sorry, 2026. This is the first time set aside for public comment, and this is public comment on any items on the agenda. Please state and tell your name for the record. Thank you. Madam Chair, could I ask a little bit of indulgence before you start my time? I want to address something on the minutes in addition to my public comment. Thank you. 2 00:00:28,880 --> 00:00:35,380 So before you approve the minutes, I do have one request regarding my public comment from the last meeting. 3 00:00:36,000 --> 00:00:41,220 The minutes note that I submitted written comments, but they don't reflect the substance of what I said. 4 00:00:41,720 --> 00:00:44,660 Other speakers comments are summarized substantively in the minutes. 5 00:00:44,960 --> 00:00:46,840 I'm asking that mine be treated the same way. 6 00:00:47,740 --> 00:00:53,440 The fact that I provided a written document shouldn't make my oral comments less visible in the official minutes. 7 00:00:53,440 --> 00:01:03,540 So under NRS 2-4-1.035, I'm expressly requesting that the minutes reflect the substance of my remarks, and I would ask the minutes to be corrected before approval. 8 00:01:03,840 --> 00:01:04,680 So thank you for that. 9 00:01:06,180 --> 00:01:09,380 I'm actually also here on agenda items 5, 6, and 7. 10 00:01:10,200 --> 00:01:20,660 In July, this agreement came before you on item number 7, and was pulled on August 11th, the general manager signed it anyway, and today you're being asked to ratify it. 11 00:01:20,660 --> 00:01:24,980 We've confronted the question of where administrative authority ends and 12 00:01:24,980 --> 00:01:25,940 board authority begins. 13 00:01:25,940 --> 00:01:29,720 I think we all remember the septic waiver program that's still kind of outstanding. 14 00:01:30,400 --> 00:01:34,160 If management could execute this agreement subject to leader ratification, 15 00:01:34,360 --> 00:01:38,720 why it was board approval requested in July and what changed after the item was pulled. 16 00:01:39,840 --> 00:01:44,860 But the additional conservation material provided with this agenda raises more important issues to consider. 17 00:01:44,860 --> 00:01:51,380 As the WA must attest that absent this agreement, it would have used this water in 2026. 18 00:01:51,860 --> 00:01:56,720 Yet the methodology supporting that conservation reaches all the way back to 2002, 19 00:01:57,460 --> 00:02:01,100 measuring today's much lower per capita consumption against that baseline. 20 00:02:02,240 --> 00:02:07,700 So how much of the 50,000 acre feet, 7 out of out of water 30 now wants to monetize, 21 00:02:07,940 --> 00:02:11,860 came from decades of efficiency improvements, voluntary conservation, and 22 00:02:11,860 --> 00:02:13,940 an increasingly efficient new development 23 00:02:14,480 --> 00:02:16,820 and how much came from mandatory restrictions 24 00:02:16,820 --> 00:02:18,300 imposed on existing residents. 25 00:02:19,520 --> 00:02:21,720 That distinction matters because saving water 26 00:02:21,720 --> 00:02:23,560 through efficiency is fundamentally different 27 00:02:23,820 --> 00:02:25,520 from creating available water 28 00:02:25,520 --> 00:02:27,900 by taking established water use away 29 00:02:27,900 --> 00:02:29,080 from existing residents. 30 00:02:29,680 --> 00:02:32,640 One is conservation, the other is a reallocation 31 00:02:32,640 --> 00:02:34,900 of who gets use of the resource. 32 00:02:35,600 --> 00:02:37,900 Historically, much of that burden was perspective. 33 00:02:38,520 --> 00:02:40,360 New development had to become more efficient. 34 00:02:40,360 --> 00:02:51,100 Increasingly, the burden has become retrospective, existing residents and established communities are required to surrender existing water use and landscaping to increase additional capacity. 35 00:02:51,780 --> 00:03:02,900 And when that reallocation is compelled, while the resulting water is used to accommodate other demands or monetize for 16.25 million, it's no longer conservation, it's actually appropriation. 36 00:03:03,620 --> 00:03:07,440 And consider what Nevada is being asked to contribute compared to California. 37 00:03:07,740 --> 00:03:18,360 This agreement represents up to 16.7% of Nevada's apportionment, metropolitan's leaving 200,000 acre feet, which is only 4.5% of its apportionment. 38 00:03:18,660 --> 00:03:29,720 If California was contributing the same proportion as Nevada, it would be leaving approximately 733,000 acre feet and like made not 200,000, if I could just have another minute, thank you. 39 00:03:29,720 --> 00:03:37,780 And California itself says that this water is being left in Lake Mead to help stabilize the Colorado River and protect hydro power generation. 40 00:03:38,240 --> 00:03:42,260 Well, that's fine, then the burden should be theirs and a proportional share. 41 00:03:43,100 --> 00:03:48,500 Meanwhile, items five and six demonstrate that Southern Nevada can acquire and develop additional resources. 42 00:03:49,000 --> 00:03:55,240 And if growth creates additional demand, growth should bear the cost of acquiring the resources necessary to support it. 43 00:03:56,040 --> 00:04:06,280 Instead, item 7 asks you to monetize another 50,000 acre feet of conservation for 16.25 million without retaining the ICS credit for that water. 44 00:04:07,020 --> 00:04:13,100 Before deciding Nevada has 50,000 acre feet to spare, please look at your own data and ask how those savings were produced. 45 00:04:13,600 --> 00:04:19,500 And why Nevada with the smallest lower base in allocation is contributing proportionately so much more than California. 46 00:04:19,500 --> 00:04:25,780 Yeah, and I would really hope that each of you will comment on your decisions to to ratify this agreement. 47 00:04:26,040 --> 00:04:27,480 Thank you so much for the extra indulgence. 48 00:04:27,700 --> 00:04:29,280 Yep, thank you and next speaker, please. 49 00:04:32,580 --> 00:04:34,880 Good morning, directors for the record. 50 00:04:35,040 --> 00:04:39,840 My name is Scott Millington, the general manager of Muddy Valley Irrigation Company in Moarple Valley. 51 00:04:40,500 --> 00:04:45,580 Just I don't want a time to short, just take a minute to talk about agenda item number five, 52 00:04:46,080 --> 00:04:50,160 which is the restatement of the water operation and management agreement between 53 00:04:50,160 --> 00:04:53,080 between Southern Nevada Water Authority and Muddy Valley Irrigation Company. 54 00:04:53,760 --> 00:04:59,860 I know you've been well briefed on the information that's there, and so I'm not gonna spend any time on the contract. 55 00:05:00,060 --> 00:05:05,520 I think I'd like to talk just a minute about the history between Muddy Valley Irrigation Company and 56 00:05:05,520 --> 00:05:06,760 Southern Nevada Water Authority. 57 00:05:07,580 --> 00:05:10,420 Alongstanding history goes back to the mid 90s. 58 00:05:10,800 --> 00:05:15,060 We worked on multiple agreements as well as multiple projects on the Muddy River. 59 00:05:15,560 --> 00:05:19,000 The Muddy River is fully adjudicated. 60 00:05:19,640 --> 00:05:23,380 It's a river that you're probably well aware of. 61 00:05:23,540 --> 00:05:29,600 Southern Nevada Water Authority, their owns or controls about 50% depending on this agreement, 62 00:05:29,660 --> 00:05:33,360 maybe even a little more about flow, which contributes to your ICS plan. 63 00:05:34,280 --> 00:05:39,960 Money Valley works with Southern Nevada Water Authority to help in the documentation reporting of that ICS plan. 64 00:05:40,160 --> 00:05:43,340 I feel like this agreement is an integral part of that. 65 00:05:43,700 --> 00:05:47,900 But more importantly than just be in a financial arrangement between two entities. 66 00:05:47,900 --> 00:05:53,940 the MAPA Valley is a rural community, it's a rural community, agricultural historically. 67 00:05:54,880 --> 00:06:03,100 And as the company is owned by shareholders, those shareholders have been in some cases, 68 00:06:03,100 --> 00:06:08,560 grateful for an opportunity to lease or sell water at a fair market value. 69 00:06:09,120 --> 00:06:12,340 And it has definitely helped the community to do that. 70 00:06:12,340 --> 00:06:31,340 We would ask that you would consider an affirmative vote on this action today and realize that there are individuals affected by this, not just the company and like again, not just the financial arrangement between us. 71 00:06:31,340 --> 00:06:41,900 We appreciate Commissioner Kirkpatrick in all her efforts that she does in her other role in her other hat for us out in Moapa Valley. 72 00:06:42,200 --> 00:07:00,100 I potentially have stayed away from this due to her position here wearing her hat on this and haven't sought her guidance or counsel on this one, but she can definitely attest to the real value that we would like to maintain out in Moapa Valley. 73 00:07:00,100 --> 00:07:02,600 and I think this facilitates that. 74 00:07:03,300 --> 00:07:04,480 Appreciate your time today. 75 00:07:05,040 --> 00:07:05,400 Thank you. 76 00:07:05,760 --> 00:07:06,460 Thank you. 77 00:07:07,460 --> 00:07:09,960 Thanks for coming all the way out from the WAPA Valley. 78 00:07:10,080 --> 00:07:10,580 Appreciate that. 79 00:07:11,520 --> 00:07:12,640 Next speaker please. 80 00:07:14,160 --> 00:07:14,960 Good morning. 81 00:07:15,440 --> 00:07:17,540 Welcome to the SAMCAS Remnant Incorporate by Reference. 82 00:07:17,740 --> 00:07:20,440 The prior comments I made regarding SNWA's 83 00:07:20,440 --> 00:07:23,020 on lawful authority regarding these types of actions. 84 00:07:23,380 --> 00:07:25,900 These decisions under the law clearly reside 85 00:07:25,900 --> 00:07:27,100 with the Colorado River Commission. 86 00:07:28,100 --> 00:07:32,920 Unfortunately, the facade of public involvement is the most dangerous threat to the democracy. 87 00:07:33,580 --> 00:07:37,460 And in my experience having worked in the federal government, having worked in state government, 88 00:07:38,000 --> 00:07:39,200 that's what's happening here. 89 00:07:39,360 --> 00:07:41,480 These public comments aren't being recorded properly. 90 00:07:42,360 --> 00:07:47,760 They aren't being listened to decisions have already been made, and they're destroying Las Vegas. 91 00:07:48,360 --> 00:07:54,120 Las Vegas is suffering higher temperatures, and SNWA is consistently squeezing out a few 92 00:07:54,700 --> 00:08:01,700 from the residents to be able to pretend like they're saving water to the rest of the world. 93 00:08:02,380 --> 00:08:07,200 Meanwhile, giving away 50,000 acre feet to San Diego for the desolation plan, 94 00:08:07,560 --> 00:08:10,760 and then requiring citizens to pay for that water to come back. 95 00:08:11,540 --> 00:08:18,340 And now, ostensibly offering to accept a payment of only $325 or 96 00:08:18,340 --> 00:08:19,940 whatever the number is, dollars per acre foot. 97 00:08:20,380 --> 00:08:22,860 In every other location in the Western United States, 98 00:08:22,860 --> 00:08:26,600 If I want to develop, I have to go find my own water. 99 00:08:27,560 --> 00:08:37,140 And unfortunately, it appears the S&W is compromised by the contractors it has relationships with and is trying to accommodate growth that this valley shouldn't have to sustain on itself. 100 00:08:37,140 --> 00:08:39,740 Those developers should go find the water somewhere else. 101 00:08:40,160 --> 00:08:42,120 You likely know many of these legal arguments. 102 00:08:42,340 --> 00:08:44,680 You probably anticipated some of them. 103 00:08:45,920 --> 00:08:47,220 This is an unlawful taking. 104 00:08:47,220 --> 00:09:00,000 This is a redistribution of resources that violates NRS 533-025 because the water belongs to Las Vegas, not to you, and you don't have the ability to wield it like a political tool. 105 00:09:00,300 --> 00:09:02,300 It's a resource that's precious and necessary. 106 00:09:02,580 --> 00:09:15,360 There are individuals in this audience that come and complain and the SNWA about their water meter or what their water bill and the SNWA or the local partner replaces their water meter and tells them, hey, your water bill is going up. 107 00:09:15,360 --> 00:09:18,140 that type of retribution also reflects very poorly on politicians. 108 00:09:19,820 --> 00:09:25,300 So I'm going to leave you with a little bit of personal advice because I know several 109 00:09:25,300 --> 00:09:26,380 of you are incredible humans. 110 00:09:27,440 --> 00:09:31,880 And unfortunately I anticipate this falls on deaf ears for many of you but which is why 111 00:09:31,880 --> 00:09:36,700 we'll be litigating these things if you proceed with this decision that lacks authority. 112 00:09:37,340 --> 00:09:38,740 But I'll leave you with this personal advice. 113 00:09:39,360 --> 00:09:42,900 Many of you know me, you know I don't pick fights unless I will win. 114 00:09:43,840 --> 00:09:49,860 you know that I've sued utilities before and I tear down injustice. I don't seek for power, I seek to tear it down. 115 00:09:50,500 --> 00:09:58,040 And that's what's happening here. The public will win this fight. Your reputations will be impacted for generations by this. 116 00:09:58,380 --> 00:10:01,800 And your seats are in question, which is a pity because several of you are wonderful public servants. 117 00:10:02,560 --> 00:10:09,300 But if your decision is led by fear, which is what I think is being peddled by the staff here, that will consume you. 118 00:10:09,300 --> 00:10:15,900 If your decision is led by or founded on hypocrisy, that will also consume you, and it's currently consuming Las Vegas. 119 00:10:16,880 --> 00:10:27,340 I hope you listen to us, I hope you take these meetings in consideration, I hope you don't pretend like the dius that's elevated above the public that you're sitting on right now somehow removes you from the consequences. 120 00:10:27,780 --> 00:10:34,020 I hope you realize that you can't go put your toes in your own grass when you're forcing other people to remove theirs. 121 00:10:34,540 --> 00:10:38,460 And I hope you know that this is a time that will be a reckoning for you, thank you. 122 00:10:38,460 --> 00:10:39,200 Thank you. 123 00:10:39,360 --> 00:10:40,760 Any other public speakers, please? 124 00:10:46,640 --> 00:10:47,060 Good morning. 125 00:10:48,200 --> 00:10:51,220 Carol Reynolds, agenda item number seven. 126 00:10:52,380 --> 00:10:57,640 Will someone please explain to me the board's approval process because I'm confused. 127 00:10:58,400 --> 00:11:02,940 If approval was required in the July meeting, what happened between now and then? 128 00:11:03,700 --> 00:11:08,660 Will there be a decision today or just an approval of a decision that has already come to pass 129 00:11:08,660 --> 00:11:09,980 by unknown means? 130 00:11:09,980 --> 00:11:14,500 The public deserves to know by what authority the agreement was signed. 131 00:11:15,060 --> 00:11:17,520 What will residents get out of this agreement? 132 00:11:18,140 --> 00:11:25,760 They are responsible for the conservation effort that saved what is now apparently considered surplus water that is available for sale. 133 00:11:26,400 --> 00:11:29,300 Where will the 16.25 million go? 134 00:11:30,240 --> 00:11:34,220 Will there be a transparent accounting of it that is available to the public 135 00:11:34,220 --> 00:11:39,200 since we are constantly reminded that SNWA is a non-profit agency. 136 00:11:39,560 --> 00:11:47,300 If this agreement goes forward, will there be some measurable future benefit for Nevada that is committed to paper? 137 00:11:47,820 --> 00:11:52,060 If this agreement is in southern Nevada's interest, please explain why. 138 00:11:54,070 --> 00:11:55,870 Thank you, next speaker, please. 139 00:11:59,980 --> 00:12:06,660 Good morning, Diane Henry, HENRY, I agree on item number seven. 140 00:12:06,660 --> 00:12:13,700 At your last meeting, the SCIA agreement was delayed to allow for further discussions 141 00:12:13,700 --> 00:12:15,260 with the Bureau of Reclamation. 142 00:12:15,800 --> 00:12:21,980 The public would like to understand what issues were addressed during those discussions 143 00:12:22,780 --> 00:12:26,860 particularly since no changes to the agreement are evident. 144 00:12:27,690 --> 00:12:32,820 There's also a significant question regarding the approval process. 145 00:12:32,820 --> 00:12:39,720 us. How was the General Manager able to sign the agreement without a public hearing 146 00:12:39,720 --> 00:12:49,400 or prior board approval, as Laura and Carol have both mentioned? Finally and most importantly, 147 00:12:49,660 --> 00:12:56,720 the public deserves an explanation of how this agreement represents an equitable negotiation 148 00:12:56,720 --> 00:13:05,260 for Nevada to give up 50,000 acre feet of our already meager annual Colorado River allowance 149 00:13:05,260 --> 00:13:14,720 or 16.7 percent of our allotment. By comparison, California would give up only 4.5 percent of theirs 150 00:13:14,720 --> 00:13:24,660 while the upper basin states are required to give up nothing. That disparity is deeply concerning. 151 00:13:25,360 --> 00:13:29,780 This is not a good start for Nevada in negotiating this two-year plan. 152 00:13:30,300 --> 00:13:37,460 As the review journal editor stated on August 7th, it's absurd that the upper-basin states get off untouched. 153 00:13:37,880 --> 00:13:40,680 What is there incentive now to be part of the solution? 154 00:13:41,600 --> 00:13:47,160 And the Fed deal also ignores the progress Nevada has made in stretching our meager allotment. 155 00:13:48,000 --> 00:13:51,220 Sacrifices need to be evenly applied across the basin. 156 00:13:51,900 --> 00:14:01,080 at what point do you draw a line in the sand? That's a very tough question, but bottom line it should not be after too much has already been given away. 157 00:14:01,600 --> 00:14:12,380 If legal action is required, dare I say so be it. The terms of this agreement are not at all equitable, nor in Nevada's best interests. 158 00:14:12,380 --> 00:14:21,720 Thank you for objecting to this federal plan, which I believe you did on August 13th after it was already signed. 159 00:14:22,560 --> 00:14:28,620 I look forward to hearing your individual reasons for ratifying this agreement. 160 00:14:28,880 --> 00:14:29,320 Thank you. 161 00:14:30,520 --> 00:14:31,240 Thank you. 162 00:14:31,400 --> 00:14:32,120 Any other speakers? 163 00:14:32,740 --> 00:14:36,360 Seeing none, I'm going to go ahead and close the public hearing and turn it over to Mr. Ensmeyer. 164 00:14:37,060 --> 00:14:39,260 Good morning, Madam Chair and members of the Board. 165 00:14:39,420 --> 00:14:41,280 The agenda has been properly noticed and posted. 166 00:14:41,780 --> 00:14:46,760 As right for your approval, along with the minutes of your regular meeting of July 16th, 2026. 167 00:14:47,900 --> 00:14:51,540 Okay, entertain a motion, Mr. Insminger. 168 00:14:51,620 --> 00:14:57,380 Can we just bore the future and this one, put Ms. McSwain's comments in. 169 00:14:58,480 --> 00:14:59,560 I know it's on video. 170 00:14:59,560 --> 00:14:59,980 I know it's... 171 00:15:00,000 --> 00:15:09,400 All these other places that you could do it in it, but just so that we have it or at least touch the paper that she lives. Certainly. We'll address it. Okay. Thank you. 172 00:15:10,060 --> 00:15:16,540 That I'd entertain a motion for approval. Motion by Commissioner Jones. Any further discussion? 173 00:15:17,680 --> 00:15:18,980 CNN, please cast your vote. 174 00:15:27,260 --> 00:15:29,240 And that motion passes. Thank you, Mr. Walton. 175 00:15:29,240 --> 00:15:59,220 I'm number two, that's the Board of Directors to approve and authorize the General Manager to sign it's substantially the same form as attached here to an amendment to the non-exclusive access and license agreement between the state of Nevada, acting through the Nevada Division of state lands for and on behalf of the state and Nevada Army National Guard and the authority for use of real property necessary to construct, operate, and maintain authority water facilities within the Garnet Valley and authorize payment for a total amount not to 176 00:15:59,220 --> 00:16:04,480 to exceed $257,560 for the term of the agreement. 177 00:16:05,340 --> 00:16:09,080 This is a necessary easement slash right of way 178 00:16:09,540 --> 00:16:11,600 for all of the construction work going on 179 00:16:11,600 --> 00:16:13,780 up in the APEX area. 180 00:16:14,320 --> 00:16:16,500 A lot of parties involved took a while to get it done, 181 00:16:16,600 --> 00:16:18,620 but we're happy to have this one finalized. 182 00:16:19,300 --> 00:16:20,160 Okay, thank you. 183 00:16:20,420 --> 00:16:21,360 Any comments or questions? 184 00:16:23,640 --> 00:16:26,600 Okay, the motion by Councilman Stewart, 185 00:16:26,600 --> 00:16:28,960 First, so you know other discussion, please cast your vote. 186 00:16:36,500 --> 00:16:37,540 That motion passes. 187 00:16:38,100 --> 00:16:54,640 Number three, ask the board of directors to approve and authorize the General Manager to sign an agreement between Hazen and Sawyer and the authority to provide professional engineering services for miscellaneous civil, electrical, mechanical, and control systems projects for a total amount, not to exceed $6 million. 188 00:16:55,840 --> 00:16:58,820 This item itself is relatively standard. 189 00:16:58,920 --> 00:17:02,880 We have a lot of standby contracts for the sort of engineering support. 190 00:17:03,580 --> 00:17:05,360 I do just want to note for the record, and 191 00:17:05,360 --> 00:17:14,220 that's disclosed in the support materials that two children of employees of SNWA slash LVVWD 192 00:17:15,280 --> 00:17:19,600 were employed by as an insular or work in terms one of them's no longer employed. 193 00:17:19,600 --> 00:17:25,440 there were interns with Hazon, so neither one of them worked on any authority or district projects, 194 00:17:25,940 --> 00:17:29,840 and their employment had nothing to do with the decision to move forward with this agreement. 195 00:17:31,840 --> 00:17:33,740 Okay. Any comments or questions? 196 00:17:34,520 --> 00:17:35,740 Not at the entertainer motion. 197 00:17:36,760 --> 00:17:39,500 I have a motion by Councilman Black. 198 00:17:40,080 --> 00:17:42,060 Seeing no other discussion, please cast your vote. 199 00:17:45,630 --> 00:17:46,290 Welcome, yes. 200 00:17:49,550 --> 00:17:50,550 And that motion passes. 201 00:17:50,550 --> 00:18:08,570 I'm number 4 S the Board of Directors to approve and authorize the general manager to sign an agreement between Jacobs Engineering Group Incorporated and the authority to provide professional engineering services for miscellaneous civil electrical mechanical and control system projects for a total amount not to exceed $6 million. 202 00:18:09,370 --> 00:18:18,870 This is substantially similar to the immediately proceeding item just different engineering firm and no children of any employees were employed by Jacobs. 203 00:18:19,970 --> 00:18:24,490 Okay. Any comments or questions? Seeing none, I entertain a motion. 204 00:18:25,810 --> 00:18:30,930 I have a motion by Councilwoman Diaz. And with no further discussion, please cast your 205 00:18:30,930 --> 00:18:31,110 vote. 206 00:18:33,910 --> 00:18:34,710 Welcome, yes. 207 00:18:39,320 --> 00:18:44,560 And that motion passes. Item number five, I supported directors to approve and authorize 208 00:18:44,560 --> 00:18:49,340 the general manager to execute and substantially the same form as the task year two. A second 209 00:18:49,340 --> 00:19:16,100 amended and restated water operation and management agreement between the Muddy Valley Eurgation Company and the authority authorize the general manager or his designate to approve leasing the irrigation company shares, execute ministerial documents to effectuate the transactions and pay the associated administrative costs of the irrigation company for an amount not to exceed $3,950,000 for the first year with 3% annual increases thereafter. 210 00:19:16,100 --> 00:19:23,400 after. As was noted in public comment by NVSE's general manager, our relationship with 211 00:19:23,400 --> 00:19:29,740 the money value irrigation company goes back to the made maybe in early 90s since 2007. 212 00:19:30,440 --> 00:19:35,880 We've been able to take the tributary waters of the money in Rogen Rivers, put them into 213 00:19:35,880 --> 00:19:42,260 Lake Mead, and take them out of our facilities. It's actually the best block of water in our 214 00:19:42,260 --> 00:19:49,320 resource portfolio because those tributary waters under agreements executed in 2007 which 215 00:19:49,320 --> 00:19:57,140 were run through 2057 actually says those tributary waters aren't subject to shortage conditions 216 00:19:57,140 --> 00:20:01,840 so it's actually even better than the 300,000 acre foot basic apportionment. 217 00:20:01,860 --> 00:20:07,640 It's the most valuable water in our portfolio so we're happy that we reached terms for an extension 218 00:20:07,640 --> 00:20:11,440 with MVIC and are happy to bring that item to the board. 219 00:20:12,320 --> 00:20:15,160 Okay, anybody have any comments or questions? 220 00:20:16,420 --> 00:20:18,280 Thank you for working on this. 221 00:20:18,480 --> 00:20:20,140 I know it always takes a minute to do. 222 00:20:21,140 --> 00:20:24,820 So with that, I'd like to entertain a motion for approval. 223 00:20:25,220 --> 00:20:29,960 So have a motion by Councilman Black, no other discussion. 224 00:20:30,180 --> 00:20:30,920 Please cast your vote. 225 00:20:34,280 --> 00:20:34,940 Welcome, yeah. 226 00:20:38,150 --> 00:20:39,250 And that motion passes. 227 00:20:39,250 --> 00:21:09,230 And number six, ask the Board of Directors to approve and authorize the General Manager to negotiate and execute extensions or amendments for the operation and management agreements for water rights holders on the Virgin River and Muddy Rivers, excluding the Muddy Valley Irrigation Company, authorize the General Manager or his designate to approve the lease of shares, excluding Muddy Valley Irrigation Company shareholders, execute ministerial documents to effectuate the transactions and pay the associated administrative costs of 228 00:21:09,230 --> 00:21:14,370 of irrigation companies for an amount not to exceed $5,210,000, 229 00:21:14,530 --> 00:21:20,110 representing a maximum increase of 50% of non-lease costs currently paid, 230 00:21:20,330 --> 00:21:23,990 20% for leases of 10 years or less, 231 00:21:24,070 --> 00:21:27,330 and 40% for leases of at least 30 years, 232 00:21:27,510 --> 00:21:30,010 all subject to 3% annual increases. 233 00:21:31,210 --> 00:21:35,770 So the reason this is mixes some virgin river and muddy river, 234 00:21:35,770 --> 00:21:43,550 or nomenclature I guess is because the muddy river essentially south of I-15 is controlled 235 00:21:43,550 --> 00:21:44,250 by the irrigation. 236 00:21:44,510 --> 00:21:50,430 Everything north of I-15 is largely in private hands, and so there's a different arrangement 237 00:21:50,430 --> 00:21:54,650 with those private water-right holders, so we take it as one agreement. 238 00:21:54,850 --> 00:22:00,250 Now, we have not reached final agreement with the Virgin Valley water district, but because 239 00:22:00,250 --> 00:22:05,190 The start of the irrigation company begins actually before the next board meeting. 240 00:22:05,930 --> 00:22:14,750 We're asking for the delegation authority that if I'm essentially same terms and conditions that the Muddy River irrigation company has agreed. 241 00:22:15,310 --> 00:22:23,170 If the Virgin Valley irrigation company has agreed to the same terms, then we would be able to execute that before the start of the irrigation season. 242 00:22:23,950 --> 00:22:26,630 Okay. Anybody have any comments or questions? 243 00:22:30,080 --> 00:22:39,260 So, Joe, in other words, we approve of this contract, but it's subject to Virgin Valley accepting this contract. 244 00:22:40,000 --> 00:22:42,500 Right? You can think of it as an offer. 245 00:22:43,020 --> 00:22:49,540 Right, you delegate, you know, if they accept the offer, you've delegated to me the authority to accept their acceptance. 246 00:22:50,060 --> 00:22:51,540 And we move forward. 247 00:22:51,540 --> 00:22:58,880 But if there was any deviation from these terms that we thought warranted coming back 248 00:22:58,880 --> 00:23:02,380 to the board, then we would, or if they say no, then there's just no deal. 249 00:23:03,000 --> 00:23:03,200 Okay. 250 00:23:03,860 --> 00:23:04,160 Thanks. 251 00:23:04,220 --> 00:23:05,860 And they are aware of that. 252 00:23:06,040 --> 00:23:08,440 I do represent Bookerbell, so they are aware of that. 253 00:23:08,960 --> 00:23:09,160 Good. 254 00:23:09,260 --> 00:23:09,600 Thank you. 255 00:23:10,040 --> 00:23:11,960 If there's no other comments, I'll move for approval. 256 00:23:12,620 --> 00:23:12,820 Okay. 257 00:23:13,060 --> 00:23:18,160 There's a motion on floor by Councilman Stewart seeing no other discussion. 258 00:23:18,420 --> 00:23:19,240 Please cast your vote. 259 00:23:19,240 --> 00:23:22,780 but can 260 00:23:28,960 --> 00:23:30,200 that motion passes? 261 00:23:30,840 --> 00:23:32,640 I'm number seven, ask the Board of Directors 262 00:23:32,640 --> 00:23:35,680 to ratify the system conservation implementation agreement 263 00:23:35,680 --> 00:23:38,120 between the Bureau of Reclamation and the authority, 264 00:23:38,660 --> 00:23:41,340 which was executed on August 11th, 2026, 265 00:23:41,760 --> 00:23:45,720 and through which the authority will create up to 50,000 acre feet 266 00:23:45,720 --> 00:23:51,040 of system conservation water in exchange for $16,250,000 267 00:23:51,040 --> 00:23:54,060 in federal funding and authorize the general manager 268 00:23:54,060 --> 00:24:00,580 to approve future modifications of such modifications do not viscally impact the authority. 269 00:24:01,540 --> 00:24:08,820 We had brought this item previously, and then realized that there were terms and conditions 270 00:24:08,820 --> 00:24:13,900 within the agreement that we were not comfortable with in terms of the federal government being 271 00:24:13,900 --> 00:24:20,520 able to essentially have carte launch to allocate the water to other parts of the lower basin. 272 00:24:20,520 --> 00:24:29,520 Those concerns have now been addressed in this agreement, so we're comfortable recommending moving forward with it. 273 00:24:29,980 --> 00:24:40,760 I think the important thing for the board to recognize is we're going to get a record of this decision from the federal government on how they're going to operate the river soon. 274 00:24:41,100 --> 00:24:43,260 I mean, it could come down today. It could come down tomorrow. 275 00:24:43,260 --> 00:24:49,340 but within, you know, the next few weeks, we will get a record of decision for how the Colorado River is going to be operated 276 00:24:49,340 --> 00:24:52,560 at least for the next couple of years and maybe for the next 10 years. 277 00:24:53,080 --> 00:25:06,080 And right now, every draft we've seen anticipates Nevada contributing to banks of water that can be used in the state of creation, primarily. 278 00:25:06,080 --> 00:25:14,580 So we're probably almost certainly going to be required to make this sort of a system conservation contribution. 279 00:25:15,080 --> 00:25:23,200 Anyway, the question really becomes, do we wait for a year or two years when federal funding may well not be available? 280 00:25:23,780 --> 00:25:30,580 Or do we recognize that it's the smart business decision to take the federal funding while we can and 281 00:25:30,580 --> 00:25:39,220 and still have the water available to us to offset reductions to Nevada's overall allocation as part of these banked resources. 282 00:25:43,720 --> 00:25:44,760 Can I share a chance? 283 00:25:45,500 --> 00:25:47,740 Thank you, Madam Chair, and thank you for the explanation. 284 00:25:48,060 --> 00:25:53,860 I know that several of us had raised the concerns with each the perception of this last time around, and 285 00:25:53,860 --> 00:26:00,740 I think all of those concerns have been addressed, and that it is financially prudent for us to take this money, 286 00:26:00,740 --> 00:26:04,720 any given that we're going to engage in the conservation that's required anyways. 287 00:26:05,140 --> 00:26:07,580 And if there are no other comments or questions, I'll move approval. 288 00:26:08,320 --> 00:26:10,120 Okay, any comments or questions? 289 00:26:11,960 --> 00:26:14,380 And I live in motion on a fire by Commissioner Jones. 290 00:26:15,020 --> 00:26:15,780 Please cast your vote. 291 00:26:22,700 --> 00:26:23,960 That motion passes. 292 00:26:25,080 --> 00:26:29,080 Number eight, ask the Board of Directors to receive an update from staff on water resources, 293 00:26:29,080 --> 00:26:34,200 including but not limited to drought conditions in the Colorado River Basin Conservation 294 00:26:34,200 --> 00:26:40,460 Foundation programs and initiatives, activities on the Colorado River and water resource acquisitions and developments. 295 00:26:41,320 --> 00:26:46,120 Because our normal schedule is every other month and because we're going three months in a row, 296 00:26:46,380 --> 00:26:49,820 we really don't have much of an update hydrologically or 297 00:26:50,520 --> 00:26:55,080 conservation wise for the board so I've told Colby to skip the PowerPoint presentation. 298 00:26:55,840 --> 00:27:01,820 For today, my update would be kind of what I already alluded to under item number seven. 299 00:27:01,820 --> 00:27:12,940 And the federal need a process for how the river is going to be operated, post-2026, is in full swing. 300 00:27:13,360 --> 00:27:17,700 I've literally been on five phone calls this morning already, so it's hot and 301 00:27:17,700 --> 00:27:17,960 heavy. 302 00:27:18,360 --> 00:27:24,940 We're trying to reach an agreement that doesn't require litigation, but 303 00:27:24,940 --> 00:27:29,180 we're obviously keeping our powder dry and looking at what the federal government 304 00:27:29,180 --> 00:27:34,100 government actually comes out with to make the decisions necessary to ultimately protect 305 00:27:34,100 --> 00:27:40,400 this community. So without having seen the latest iteration of a record of decision, 306 00:27:40,580 --> 00:27:46,900 it's hard for me to comment beyond that. But just be assured that as soon as we have it 307 00:27:46,900 --> 00:27:51,560 in our hands, we'll be reviewing it carefully and be ready to make recommendations to the board 308 00:27:51,560 --> 00:27:54,040 as appropriate for what future actions we should take. 309 00:27:55,520 --> 00:27:57,680 Okay. Anybody have any comments or questions? 310 00:27:59,660 --> 00:28:00,100 Nope. 311 00:28:00,780 --> 00:28:02,460 Okay. That concludes your post to the agenda. 312 00:28:02,920 --> 00:28:05,100 Okay. The second time set aside for public comment. 313 00:28:05,280 --> 00:28:08,940 Anybody wishing to speak on any sort of out of water authority? 314 00:28:09,160 --> 00:28:11,620 Item to please come forward and say it's about your name for the record. 315 00:28:20,260 --> 00:28:24,400 Yes. My name is Judith Clark and I live here in Las Vegas. 316 00:28:24,800 --> 00:28:28,780 And I know when you're sitting here talking about $6 million, $16 million, 317 00:28:29,340 --> 00:28:33,000 You know, $900 a month doesn't sound much. 318 00:28:33,820 --> 00:28:38,160 And I think you guys think there's not a lot of people out here that are concerned about this. 319 00:28:38,560 --> 00:28:40,360 The problem is when you have your meetings. 320 00:28:41,120 --> 00:28:43,700 A lot of people work, can't make it at night. 321 00:28:43,880 --> 00:28:48,380 We all saw what happened with the septic tanks when we had a meeting in the evening, 322 00:28:48,380 --> 00:28:50,180 and people could actually attend them. 323 00:28:50,580 --> 00:28:52,980 There was a great turnout for that. 324 00:28:53,420 --> 00:28:57,180 I think if you guys would do the same thing you'd see that turnout would be just as good. 325 00:28:57,920 --> 00:29:03,840 Fortunately, I'm retired and I can be here, but unfortunately, I'm retired and I'm on a fixed income. 326 00:29:04,300 --> 00:29:07,300 Now I thought I had planned my retirement extremely well. 327 00:29:07,800 --> 00:29:14,080 Little did I know that it would be my water bill that would put a kink in my retirement plan. 328 00:29:14,420 --> 00:29:22,220 Who expects their water bill to go up in one month, from about $50 a month, up to $900 a month. 329 00:29:22,660 --> 00:29:24,660 Nobody expects that to happen. 330 00:29:24,660 --> 00:29:29,460 I've had to get rid of trees, I've had to get rid of lawns, I've done everything 331 00:29:29,460 --> 00:29:30,520 I possibly can. 332 00:29:31,000 --> 00:29:37,480 My husband is 90, I'm 70 plus years old and every day I go out and check my meter 333 00:29:37,480 --> 00:29:43,220 to make sure that something hasn't been left on because I can't afford these kinds of 334 00:29:43,220 --> 00:29:43,520 water bill. 335 00:29:44,040 --> 00:29:46,020 And now you guys are getting $16 million. 336 00:29:47,060 --> 00:29:52,400 Give it back to us, were the ones that made this happen or part of made it happen? 337 00:29:52,400 --> 00:29:59,240 I know we didn't do it all, but when do you start thinking of the people living here in Las Vegas? 338 00:30:00,000 --> 00:30:29,600 Again, everybody keeps mentioning the heat. It just gets hotter and hotter. And like I said, we've lost six trees. I've had to take out six trees on my property because of the grass that I had to take out. And I do keep a little bit of grass because unfortunately somebody put a tortoise in my yard, and he needs something to eat. So he gets to eat this little, it's probably four feet by five feet that I keep for him to eat. And I mean, I just wish you guys would have these meetings so people can come and you can really 339 00:30:29,600 --> 00:30:33,680 and understand how upset people are about this. 340 00:30:34,040 --> 00:30:34,680 Thank you. 341 00:30:35,060 --> 00:30:39,400 But, ma'am, if you would like to leave your contact information in your address, 342 00:30:39,860 --> 00:30:42,940 how can I reach out to you about the- 343 00:30:43,420 --> 00:30:44,300 Your water fill. 344 00:30:45,180 --> 00:30:50,500 My address is 3425 Maverick Street, Las Vegas, Nevada, 899 108. 345 00:30:51,580 --> 00:30:53,140 And do you want my phone number? 346 00:30:53,560 --> 00:30:58,440 Well, you don't want to give it publicly, but if you want to give it to someone right behind you, 347 00:30:58,440 --> 00:30:59,620 I'll take it. 348 00:31:00,000 --> 00:31:00,180 Okay. 349 00:31:00,900 --> 00:31:03,480 Are you off of Cheyenne and Rainbow? 350 00:31:03,760 --> 00:31:03,900 Yes. 351 00:31:04,200 --> 00:31:04,480 Okay. 352 00:31:18,000 --> 00:31:19,260 Mr. McSwayne, you can come up. 353 00:31:22,270 --> 00:31:23,470 Thank you, Madam Chairalor. 354 00:31:23,570 --> 00:31:26,110 McSwayne again for the record with Water Fairness Coalition. 355 00:31:27,050 --> 00:31:29,890 Thank you for the indulgence and the comments regarding the meeting. 356 00:31:30,090 --> 00:31:35,410 I didn't want to leave the impression that the written minutes that I normally provided have 357 00:31:35,410 --> 00:31:36,530 not been included they have. 358 00:31:37,030 --> 00:31:43,930 It's just encapsulating my comments and relegating it only to my written comments provided. 359 00:31:43,930 --> 00:31:47,230 But it doesn't read the same way when you search. 360 00:31:47,690 --> 00:31:51,250 So that's why I'm asking that there'd be a different way of doing it. 361 00:31:51,430 --> 00:31:52,110 So thank you for that. 362 00:31:55,420 --> 00:31:58,640 I want to talk about AB 356. 363 00:31:58,880 --> 00:32:01,620 Director Stewart has repeatedly asked a very simple question, 364 00:32:02,320 --> 00:32:06,080 what are the consequences for noncompliance at the end of the year? 365 00:32:06,920 --> 00:32:15,040 In fact, that question's actually been asked repeatedly at presentations given by S&WA representatives throughout the valley at different times, and I've been present for those. 366 00:32:15,040 --> 00:32:21,820 And as I recall the discussion at the last meeting, Mr. Ensmerger indicated that something addressing this issue would be coming before the board soon. 367 00:32:22,720 --> 00:32:33,660 But now, before this board has publicly considered and adopted whatever those consequences are going to be, I was personally contacted about reports that Mr. 368 00:32:33,700 --> 00:32:41,940 Ensmerger told Berkshire Hathaway that they'd better get with their commercial customers because people in commercial areas who still have grass are going to have their water shut off. 369 00:32:42,860 --> 00:32:46,400 If that report is accurate, we have a much bigger problem. 370 00:32:47,160 --> 00:32:54,100 AB 356 states that beginning January 1st, 2027, the Colorado River Water may not be used to irrigate non-functional turf. 371 00:32:54,720 --> 00:32:59,140 That is not the same thing as saying that all water service to a commercial property will be terminated. 372 00:33:00,120 --> 00:33:07,200 Has a decision already been made about the consequences of non-compliant that has not yet been presented to this board or disclosed to the public? 373 00:33:07,200 --> 00:33:19,440 And most importantly, when you say shut off their water, do you mean prohibiting Colorado River water from being used to irrigate non-functional turf as a statute provides, or do you mean terminating water service to an entire commercial property? 374 00:33:20,460 --> 00:33:34,000 This is particularly troubling because AB 356 and SNWA's implementation and enforcement of it is currently, as you know, subject to active litigation, including challenges concerning SNWA's authority and due process protections. 375 00:33:34,000 --> 00:33:47,180 Against that backdrop, it's even more important that neither the public nor the business community be threatened with an enforcement consequence that has not been clearly identified, legally supported, and publicly adopted. 376 00:33:48,020 --> 00:33:58,860 It should not be represented to this board, that the consequences of noncompliance are still coming while simultaneously telling the business community what the consequences of most will be. 377 00:33:59,400 --> 00:34:12,680 If that is, in fact, going to be the enforcement policy, then the public deserves to know when that decision was made by whom, under what legal authority and why this board is only now being told that an enforcement policy is forthcoming. 378 00:34:13,220 --> 00:34:18,280 And I thank you for your time and I do have my comments written for the record. 379 00:34:18,860 --> 00:34:19,460 Thank you. 380 00:34:20,340 --> 00:34:22,600 Anyone else wishing to speak on public comment? 381 00:34:22,600 --> 00:34:27,240 Seeing no one, I'm going to go ahead and are you coming? 382 00:34:35,620 --> 00:34:40,940 Cheryl Purdue, 3201, Plosite Rafael, Las Vegas Nevada 8902. 383 00:34:41,940 --> 00:35:00,260 I'm interested in finding out what is being done proactively by the Southern Nevada Water Authority regarding negotiations with the Department of Interior and the Bureau of Land Management about bringing an alternative source of water, an additional source of water. 384 00:35:00,260 --> 00:35:30,240 into the Colorado River. You seem to only want to solve this problem by conservation. Conservation is great, but it's not the only answer. And I hear nothing, nothing from anybody in the Southern Nevada Water Authorities Administration or the Las Vegas Valley Water District regarding anything that is being done. It takes time, it takes lots of time, and it takes money. And it should be started. And my request to you is to find 385 00:35:30,240 --> 00:35:33,160 Find out if there is anything currently being done. 386 00:35:35,340 --> 00:35:36,380 Okay, thank you. 387 00:35:36,560 --> 00:35:38,060 We can't have dialogue back and forth. 388 00:35:38,420 --> 00:35:40,380 So, okay, anyone else wishing to speak? 389 00:35:41,320 --> 00:35:45,820 I could have all the speakers that want to speak come up, so I don't miss anybody. 390 00:35:47,020 --> 00:35:49,840 Okay, then I'll make you my last speaker, okay. 391 00:35:50,640 --> 00:35:53,980 My name is Laura Weber, W-E-B-E-R. 392 00:35:54,540 --> 00:35:59,140 I would like to just request, based on some of the other comments made, 393 00:35:59,140 --> 00:36:07,140 that the authority consider quarterly or maybe once or twice a year holding a meeting at 394 00:36:07,140 --> 00:36:12,320 a more appropriate time for the general public to participate and give their feedback. 395 00:36:13,300 --> 00:36:18,120 Without that, it seems like there are a lot of decisions being made without the general 396 00:36:18,120 --> 00:36:19,240 public's comments. 397 00:36:19,940 --> 00:36:25,920 And I think to have a greater sense of trust with our water authority and transparency that 398 00:36:25,920 --> 00:36:27,800 that our community would really appreciate 399 00:36:27,800 --> 00:36:29,500 that you consider that for the future. 400 00:36:29,940 --> 00:36:30,460 Thank you. 401 00:36:31,140 --> 00:36:33,820 Thank you, see you in no other public comment. 402 00:36:34,280 --> 00:36:35,960 I'm going to go ahead and close the public comment 403 00:36:35,960 --> 00:36:36,880 and we are adjourned.