Conjunctive Management of the Waters of the Humboldt River Basin, Nevada

The Nevada State Engineer has determined that evolving legal views of the treatment of the connectivity between surface water and groundwater, combined with the potential for conflict, necessitate conjunctive management in the Humboldt River Basin. In so doing, the State Engineer has chosen to promulgate regulations to mitigate conflict rather than to attempt to resolve the problem using curtailment by priority. The proposed regulations include the opportunity for groundwater users to file a mitigation plan, using replacement water to mitigate conflict from streamflow depletion. For those who do not file a mitigation plan, the regulations would require them to financially mitigate their injurious depletion. Mitigation funds would be collected by the State Engineer and then be used to compensate eligible surface water users. Determination of surface water conflict caused by groundwater pumping would be quantified in the field based on actual surface water deliveries. Determination of streamflow depletion caused by individual groundwater users would be quantified using groundwater models developed by the U.S. Geological Survey and the Desert Research Institute. Both assessment fees and compensation amounts would be based on the value of water established by an agricultural economist retained by the State Engineer.