Carson Lake Transfer Back On Track
by David K. Rice

"You could write a small book on all that has happened in the last 14 or 15 years regarding the transfer of the Carson Lake and Pasture," according to Nevada Waterfowl Association's Vice President, Norm Saake.

But some believe a small book probably would not be large enough to hold all that has happened since passage of the Truckee-Carson-Pyramid Lake Water Rights Settlement Act of 1990, Title II of Public Law 101-618 which authorizes the Secretary of the Interior to convey Carson Lake and Pasture for use as a "state wildlife refuge".

During a recent interview with Saake about the area, it became apparent that any hope of telling the whole story of the pending transfer in the limited space of a FLYER article might prove very difficult, but here goes.

To the surprise of many, it was announced in late October--just days before the event was to occur-that an agreement was going to be signed October 28, 2004 in the Governor's office. Signers would include Bennett W. Raley, U.S. Interior Assistant Secretary for Water and Science, Governor Guinn, and U.S. Senator Harry Reid. The signing, which was completed as scheduled was not the actual transfer, but an agreement to proceed with the transfer.

For many years, there has been an impasse between the Dept. of the Interior and the state regarding a reduced duty rate on water purchased and transferred to Carson Lake. Interior contended prior to the agreement that water rights purchased at the normal 3.5 acre feet of water per acre (AFA) would be reduced to 2.99 when transferred. This does not sit well with wildlife managers and certainly not with NWA.

In a very encouraging turn of events, the Secretary of the Interior changed her opinion and the agreement states, "The State may seek approval for use of more than 2.99 AFA for one or more water rights previously transferred or to be transferred for use on the transferred land."

Nearly 15 days before the signing, NWA filed an application with the State Engineer's office in Carson City to transfer 6.58 acre feet of water rights purchased from a willing seller in Lahontan Valley for use at Carson Lake. This "test case" was filed at the legal and accepted rate of 3.55 AFA, not 2.99 as in the past. Although we have not heard back from the State Engineer yet, many believe the ruling will be in favor of the 3.55 AFA level.

Since the Pyramid Lake Indian Tribe (PLIT) is opposed to the 3.5 AFA transfer rate, it is quite possible that they will file a protest that could see the issue fought to the U.S. Supreme Court.

According to NDOW, the state has invested more than $4 million to purchase 9,037 acre feet of water for willing sellers for Carson Lake wetlands. This has been funded with money from the Question 5 Bond Initiative of 1990. In addition, NWA has also purchased water rights for the area, in fact, purchased the first water right for the area many years ago.

Since Carson Lake was in such a perilous condition after the last drought in the late 1980's and early 1990's, and the need for water was so great, a temporary agreement was struck with the PLIT to only take water at the rate of 2.99 AFA for Carson Lake until a final decision and agreement could be reached. The alternative was to sit on the water rights and not get any purchased water to Carson Lake.

Prior to the transfer of Carson Lake and Pasture to the state, conditions that must be met are included in the recently signed agreement. These basically involve completion by the Secretary of the Interior of all actions as may be required under the National Environmental Policy Act, Endangered Species Act, and the National Historic Preservation Act. In addition, some boundary corrections must be made which will require the passing of legislation in Congress. How long it will take to complete these items in unknown at this time.

Historically, the Carson River flowed into Carson Lake just east and south of the town of Fallon. When Carson Lake filled and overflowed, the water ran into the Stillwater area.

Shortly after the turn of the century, Lahontan Reservoir was constructed on the Carson River to impound water for the nation's first reclamation project. To supplement this project, a canal was dug from the Truckee River and water was and still is diverted directly into Lahontan.

The public Carson Lake Pasture provides water righted farmers and ranchers in the Truckee Carson Irrigation District a place to graze their livestock during the summer.

According to Saake, who worked as NDOW's Waterfowl Biologist for over 34 years, the transfer of Carson Lake, as well as the transfer of water rights for waterfowl and other wildlife in the area, will be precedence setting in that it will be the first time resources taken from wildlife through establishment of a reclamation project are actually returned to the wildlife.