Prepared by: Kelly Harris, Planning Technician II Nye County Planning Department Tonopah. Page 1

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1 Pahrump Regional Planning District Water Rights Dedications on Parcel Map Applications Pursuant to Nye County Code Chapter January 4, 1999 Present Prepared by: Kelly Harris, Planning Technician II Nye County Planning Department Tonopah Page 1

2 Pahrump Regional Planning District Water Rights Information and ChangeHistory Bill #98 12 Ordinance #215 Adopted date: 12/15/98 Effective date: 1/4/99 Summary/Description i of Change: An Ordinance amending Title 16 of the Nye County Code by adding Section providing requirements for the division of land and planned unit development within the Pahrump Regional Planning District of Nye County; and other matters properly relating thereto. Ordinance #215 was the first PRPD division of land code. Section A.i 170 Page 19. Pursuant to this Code water rights requirement associated with parcel map applications were as follows: a. Additional Requirements i. Water Rights. Because of concerns over water in the District, certificated water rights in the amount of one and twelve one hundredths (1.12) 12) acre feet for each additional parcel created excluding the existing parcel (i.e., 5 acres divided into 4 parcels requires 3 water rights, or 3 x 1.12 AF) that is under five (5) acres gross in area shall be transferred through the Nevada State Water Engineer s office to Nye County. The costs associated with water rights transfers shall be borne by the applicant. Because of the costs involved with water rights transfers, this requirement shall be made a condition of approval of a parcel map. (1) Exception. When a proposed parcel map is located within the boundaries of a water service district and it is the intent of the service district to provide water service, water rights shall be transferred to the district in an amount to be determined by such district. Page 2

3 Pahrump Regional Planning District Water Rights Information and Change History Bill # Ordinance #288 Adopted date: 8/17/04 Effective date: 9/2/04 Summary/Description of Change: An Ordinance amending Nye County Code Chapter 16.28, the Division of Land and Planned Unit itdevelopment regulations lti within the Pahrump Ph Regional lplanning District, i t by adopting amendments to establish conformance with the Zoning Regulations; by increasing the amount of water rights required from 1.12 acre feet per parcel to 2 acre feet per new parcel created by a parcel map; and other matters properly related thereto Ordinance #288 contains the following amendment: PARCEL MAP PROCEDURE H.1 ADDITIONAL REQUIREMENTS: a. Water Rights. Because of concerns over water in the District, certificated water rights in the amount of two (2) acre feet for each additional parcel created excluding the existing parcel (i.e., 5 acres divided into 4 parcels requires 3 water rights, or 3 x 2 AF) that is under five (5) acres gross in area shall be transferred through the Nevada State Water Engineer s office to Nye County. The costs associated with water rights transfers shall be borne by the applicant. Because of the costs involved with water rights transfers, this requirement shall be made a condition of approval of a parcel map. On August 17, 2004 the BoCC held a Public Hearing on Bill # Ordinance #288. Agenda item indicates code update proposed was from 1.12 acre feet per parcel to 2.02 acre feet per parcel. Clerks minutes indicate Commissioner Trummell made a motion to approve Bill # with the exception that it be dropped to 2.00 acre feet per parcel with an effective date of September 2, 2004; to further clarify that unless plans had already been submitted and approved, private contracts outside of Town business had no bearing on whether or not this was effective for their clients; and claims had to be submitted with the complete application by the effective date seconded by Commissioner Cox; 5 yeas. Page 3

4 Pahrump Regional Planning District Document Submittal Requirements Excerpt Regarding gwater Rights Procedures Water rights are required for parcel map applications only (water rights are also required by the Division of Water Resources for subdivision maps). Proof that water rights have been transferred to Nye County in accordancewith the Division of Land Ordinance, NCC H.1, and only for each additional parcel created that is less than five (5) gross acres in size, is required. Applicants will be required to work with a Water Rights Surveyor in order to complete the transfer, and all such transfers shall be made without cost to Nye County. Until such time as the Division of Water Resources either verbally, or in writing, states that the transfer will be, or is, successful, this condition will not be met. The following guidelines should be followed to assure the prompt processing of water rights transfers: i. DEEDS OF WATER RIGHTS. Deeds should not be submitted to, and shall not be accepted by, the Planning Department. Transfers of water rights shall be made a condition of approval of any parcel map requiring water rights. It is recommended that applicants not obtain and record water rights deeds until conditional approval has been granted by the Planning Commission. ii. CALCULATIONS OF WATER RIGHTS REQUIREMENTS. Calculations shall be made as follows: (1) DOMESTIC WELL(S) EXISTING ON THE ORIGINAL PARCEL. It shall be assumed that each parcel of land that is the subject of a parcel map application has the right to contain one (1) domestic well. Should a domestic well be in place on the original parcel, the right ofone one (1)domestic well will be assigned, for the purposes of calculating water rights only, to the parcel upon which the well is located. Under this circumstance, each additional parcel appearing on the map that is under 5.00 gross acres in size shall require 2.0 acre feet of water rights, which shall be transferred to Nye County (see below section on transferring water rights). In the case where more than one (1) domestic well is located upon the property, water rights shall be required for each such parcel that t is under gross acres in size. Page 4

5 Pahrump Regional Planning District Document Submittal Requirements Excerpt Regarding gwater Rights Procedures (2) NO DOMESTIC WELL EXISTING ON THE ORIGINAL PARCEL. Should there not be a domestic well existing on the original parcel, the right to drill one (1) domestic well shall be assigned, for the purposes of calculating water rights only, to the parcel that provides for the transfer of the least amount of water rights to Nye County. For example, should the original parcel be 17 acres in size, and the owner wishes to create three 5 acre and one 2 acre parcel, the existing right to drill would be assigned to the 2 acre parcel, eliminating the need for any water rights (all remaining parcels are 5 acres). (3) EXISTING COMMERCIAL USE OF A WELL ON THE PROPERTY. Should there be an existing commercial use of a well on the property, it shall fall under the same guidelines as paragraph (1) above (it shall be assigned to the parcel upon which it is located). (4) DIVISION OF LAND FOR COMMERCIAL PURPOSES ONLY. Should property be divided for commercial purposes only, water rights shall still be required; but with good and sufficient proof provided to the Planning Department, t and with the approval of the Planning Commission, i the water rights required may be retained and transferred to the newly created commercial parcel. The retention of the water rights under commercial circumstances must be requested in the form of a waiver request, and said waiver request should be submitted with the original map submittal. (5) All other scenarios concerning water rights transfers not discussed above shall be decided upon by the Planning Commission. Should unusual circumstances be present upon submittal of the parcel map application such circumstances and modifications to the water rights requirements must be requested in the form of a waiver request, and said waiver request should be submitted with the original map submittal. Exception. When a proposed parcel map is located within the boundaries of a water service district and it is the intent of the service district to provide water service, water rights shall be transferred to the district in an amount to be determined by such district. (Ord. 215, 1998) Page 5

6 Pahrump Regional Planning District Document Submittal Requirements Excerpt Regarding gwater Rights Procedures iii. TRANSFER OF WATER RIGHTS. Parcel maps located on the area known as the Fan (alluvial fans located generally east of State Route 160) require Fan water rights, which must be transferred to a point of diversion Nye County has selected on the Fan. Parcel maps located on the valley floor area require valley floor water rights, which must be transferred to a point of diversion Nye County has selected on the valley floor. The description of these points of diversion are described below, Transfers shall be made as follows: (1) After approval of a parcel map submittal by the Planning Commission, the applicant must obtain, through a deed to Nye County, water rights in the amount indicated in the approval memorandum. (Fan water rights must be transferred for parcel maps located on the fan, and valley floor water rights must be transferred for parcel maps located on the valley floor.) The applicant must record this deed in the office of the Nye County Recorder. (2) REPORT OF CONVEYANCE. Applicant must then complete a Report of Conveyance. The Report of Conveyance can be filed in the Las Vegas Water Resources office, but it is recommended dthat t all documents be submitted directly to Carson City (the Las Vegas office cannot process a Change application). Also, the Applicant or his/her Water Rights Surveyor should sign the form as Agent. (3) APPLICATION FOR PERMISSION TO CHANGE THE POINT OF DIVERSION, MANNER OF USE AND PLACE OF USE OF THE PUBLIC WATERS OF THE STATE OF NEVADA HERETOFORE APPROPRIATED. This form must also be filed with the State Engineer s office to effect the transfer. Again, there are differing descriptions for fan and valley floor water rights. a. FAN WATER RIGHTS TRANSFERS. Fan water rights shall be transferred to the following Point of Diversion: Township 20 South, Range 54 East, Section 3, The Southeast ¼ of the Northwest ¼ b. VALLEY FLOOR WATER RIGHTS TRANSFERS. Valley floor water rights shall be transferred to the following Point of Diversion: Township 20 South, Range 53 East, Section 15, the Northeast ¼ of the Northwest ¼. Page 6

7 Nye County Code outside the PRPD Water Rights Information Bill #08 13 Ordinance #360 Adopted date: 10/7/08 Effective date: 10/27/08 Summary/Description of Change: An Ordinance amending Chapter of the Nye County Code relating to the division of land within all areas of Nye County with the exception of the Pahrump Regional Planning District; providing definitions; providing restrictions related to subsequent parceling; adding Large Parcels Map Procedure, Map of Reversion Procedure, and requirements related to legal and physical access to lots; amending road development standards; and other matters properly relating thereto. Pursuant to this Code water rights requirement associated with parcel map applications are as follows: E. Water: 1. The water source shall be adequate to provide a continuous supply that is potable and in no way harmful or dangerous to health. Importation and storage of water is not considered an adequate water supply. 2. Water Rights Required. The following shall apply to properties that are being divided pursuant to these regulations and are located within the Amargosa Valley designated basin. (The classification of designated basin means that the Nevada State Engineer found there was sufficient reason for the basin to be administered in accordance with the provisions relating to designated areas). a. Water Rights. Because of concerns pertaining to water in Nye County, certificated water rights in the amount of two (2) acre feet for each additional parcel created excluding the existing parcel (i.e., 5 acres divided into 4 parcels requires six (6) acre feet, or 3 new lots x 2 acre feet per lot) that is four and one half (4.5) acres gross or under in area shall be relinquished through the Nevada State Water Engineer s Office. The costs associated with acquiring the water rights and relinquishments shall be borne by the applicant. This requirement shall be made a condition of approval of a parcel map. b. Exception. When a proposed parcel map is located within the boundaries of a water service district and it is the intent of the service district to provide water service, water rights shall be transferred to the district in an amount to be determined by such district. (Ord. 343, 2007) Page 7

8 Future Goals to Perfect the Processing of Water Rights Dedication associated with Parcel Maps in Nye County Prepare and submit Affidavit to Relinquishment Water Rights form to Nevada Division of Water Resources (DWR) for all permits with clear title pursuant to Nye County Board of Commissioners action on June 15, DWR has advised me that the Division will waive the filing fee for each relinquishment. Phase I of relinquishment filings will result a cost savings to Nye County of approximately $6, (approximately twenty seven permits with clear title and no problems x $250 each) plus the elimination of annual extension of time filings equal to $2, ($100 ea x 27). Prepare and submit change applications associated with Ruling #6009 as instructed by Robert Ziezloft, DWR. Continue resolving the problem permits with DWR. Propose Standard Operating Procedures (SOPs) to streamline the water rights dedication procedure. Propose a cost effective procedure wherein Nye County will not be responsible for future filing fees to the DWR (ie: reports of conveyance, extensions of time, change applications & relinquishment affidavits). Propose specific wording for division of land owners certificate jurats excluding the dedication of water rights as an appurtenance; Nevada Attorney General Opinion Propose Code Amendment(s) as directed to accomplish the above goals. Page 8

9 PARCEL MAP APPLICANT CASE # FILE # APPROVED RECORDED AP # Pahrump Regional Planning District Water Rights Dedication Associated with Parcel Map Applications - July 26, 2010 # parcels AF Required AF to Nye Placed BU date Perez, Joseph & Patricia WR /07/99 10/08/ /11/11 Perez, Joseph & Patricia WR /07/99 10/08/ /11/11 Dilger, John & Alice WR /19/99 10/08/ /11/11 Rogers, Arlen & Verona WR /22/99 10/08/ n/a Extension filed Extension granted date Griffin, Jimmy D WR /07/99 03/07/ /05/10 yes 05/05/11 Bayer, Helmut WR /03/00 10/20/ n/a Moler, Thomas & Timothy WR /07/99 11/03/ /02/11 Moler, Thomas & Timothy WR /07/99 11/03/ /02/11 Rodgers, Roy & Patricia WR /12/99 12/05/ /02/11 Sapien, Edward & Ida WR /19/99 01/23/ /05/10 yes 05/05/11 Sapien, Edward & Ida WR /19/99 01/23/ /05/10 yes 05/05/11 Mustang Motels Inc WR /03/00 02/09/ /05/10 yes 05/05/11 Mustang Motels Inc WR /03/00 02/09/ /05/10 yes 05/05/11 Philips & Plewe WR /20/00 02/15/ /10/11 Heim, Alfred & Emma WR /03/00 10/31/ /05/10 yes 05/05/11 Coleman, Percy WR /20/00 01/04/ /05/10 yes 05/05/11 Swan, Robin WR /02/99 01/29/ /05/10 yes 05/05/11 Artistica Corporation WR /01/00 02/06/ n/a KV Bottle Shop WR /12/00 02/06/ n/a Black, William & Jean WR /21/00 04/29/ /19/12 Jordan, Paul & Christine WR /13/01 05/02/ n/a Linville, Mitchell & Tracy WR /22/01 08/26/ /05/12 Flager, Robert & Debra WR /06/00 08/26/ /05/12 Provenza, Peter & Florence WR /06/00 11/14/ /25/11 permit cancelled Halash Etal WR /05/99 01/03/ /15/08 for non use Bowman, Murton WR /13/02 04/25/ n/a Spencer, Margaret & Eugene WR /09/02 06/18/ /05/13 Runau, Gerald & Delores WR /27/03 06/27/ Webster & Boyajian WR /22/03 09/05/ /05/12 Werrell / Pinales WR /15/03 12/08/ n/a Lach, Michael WR /25/03 12/17/ Brunelli, Peter & Shirley WR /12/03 03/17/ /05/13 Egan, Daniel WR /11/02 04/22/ /05/13 DWR Permit # & Notes CNUC service area;no service at time of recording; service provided by wells/septic until service available No proof of utilities service; map action delayed due to Corbin St construction; recvd in 1998; action in incorrect ac ft Artistica DWR App #67636 cancelled 8/6/04; 1.50 AF QM on app not deeded to Nye planning staff waived w/r requirement due to applicant having existing DWR Permit #67443; was cancelled on 9/2/ / PRPC granted waiver of w/r requirement per surveyor's letter stating "the owners are in the process of acquiring commercial water rights" / no w/r deeded to Nye County review status, Runau deeded to Nye, DWR App #68802 for 2.76 af Permit #17776, one additional parcel created was 5+ ac gr in size therefore w/r dedication not required, per: BoCC actions and instruction from Runau, Nye deeded 1.0 to UICN fornv Cylinder and 1.76 to DUI for Azores, needs change apps per Robert Zeisloft, DWR ltr. Related file: Ruling #6009, see K Harris report on ruling PRPC approved map with condition "that no habitable structure may be constructed on Lot 1 without purchasing water rights" Trese Vackar water rights bank; see Exhibits A & B Page 9

10 PARCEL MAP APPLICANT CASE # FILE # APPROVED RECORDED AP # Billie Miller & Rotter Trust WR /10/01 04/22/ Pahrump Regional Planning District Water Rights Dedication Associated with Parcel Map Applications - July 26, 2010 # parcels AF Required AF to Nye Placed BU date Provenza, Peter & Florence WR /22/01 06/02/ /05/13 Hampel, Jerry & Margot WR /13/01 07/26/ /05/13 Dial & Miller WR /12/03 09/27/ n/a Collins/Monan Enterprises LLC WR /15/03 10/14/ /30/11 Vackar, Trese & Debra WR /10/03 12/02/ Vackar, Trese & Debra WR /09/03 12/02/ Vackar, Trese & Debra WR /10/03 12/02/ Langseth, Alice WR /09/04 01/18/ Brumitt Estate WR /04/96 03/25/ n/a Koenig, Bernie WR /01/05 04/01/ n/a Keenan Trust WR /04/01 05/27/ /05/13 Ernst, Michael & Vittoria WR /17/05 07/15/ forfeited 10/4/07 Simer, Virginia & Maurice WR /02/05 02/10/ /21/78 Floyd Trust WR /09/05 03/08/ /28/73 Woods Pahrump Real Estate WR /17/06 04/18/ Extension filed Extension granted date Carter, Yolanda WR /19/05 05/24/ /20/10 PoC yes 04/20/11 Moore, Philip & Betty WR /28/06 03/16/ TDCI Holdings LLC WR /13/06 03/16/ TDCI Holdings LLC WR /13/06 03/16/ Pritchard, John & Patricia WR /18/07 08/30/ /06/10 yes 03/06/11 Gaffney PV Raceway WR /22/07 03/31/ n/a Gardea, Manuel & Victor WR /21/09 05/05/ /24/11 PoC Green Investments LLC WR n/a 9/6/01 expired forfeited 6/4/09 Green Investments LLC WR n/a 9/6/01 expired forfeited 6/4/09 DWR Permit # & Notes see K Harris report on Ruling #6009 for explanation of history and BoCC action(s) planning staff notes indicate "water is not Nye's, stays on the property" DWR App #68964 cancelled 10/20/05 Per DWR Permit #69956 "to be dedicated to Nye Co for parcels created"; w/r not deeded to Nye; Permit #69956 under Monan Ent LLC ownership Trese Vackar water rights bank; see Exhibits A & B Trese Vackar water rights bank; see Exhibits A & B Trese Vackar water rights bank; see Exhibits A & B Trese Vackar water rights bank; see Exhibits A & B map approved 4/4/96; court order dividing property D# on 9/3/04; map recorded 3/25/05 file indicates no w/r to Nye required because commercial w/r existed DWR Permit #71245; Permit #71245 was cancelled 8/28/ af w/r deeded to Nye Co; ownership remained under Permit #14480 as Ernst; DWR forfeiture notices sent to Ernst heirs who notified planning on 10/30/07 with concerns; DWR advised planning staff it was too late, water forfeited / af of Permit #25523 Nye ownership per report of conveyance submitted to DWR by K Harris to prevent forfeiture Trese Vackar water rights bank; see Exhibits A & B no mention of w/r requirement on final action ltr to applicants; no w/r deeded to Nye Trese Vackar water rights bank; see Exhibits A & B Trese Vackar water rights bank; see Exhibits A & B UICN service area; UICN signed map but did not enter a signed agreement with developer for extension of lines per Tesha UICN; recorded map note indicates public sewer and water provided by existing facilities owned and operated by UI but existing facilities to all parcels does not currently exist. DWR Permit #78900; RoC in process at DWR; sent by surveyor on 4/22/10 for Nye ownership transfer DWR App af forfeited 6/4/09. DWR App #67755 denied for non-payment generated Ruling #5403. Green Inv deeded Nye w/r; pm apps expired; 10/19/04 BoCC approved return of 7.8 af to Green; deed prepared and sent to Green; search of recorded docs revealed that deed never recorded. No expired pm files found. Prepared by: Kelly Harris, Planning Technician II Nye County Planning Department - Tonopah TOTAL: Page 10

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