Pyramid Lake Paiute Tribal Council (2020)

Pyramid Lake Paiute Tribal Council

Post Office Box 256

Nixon, Nevada 89424

Telephone: (775) 574-1000

Fax (775) 574-1054

PYRAMID LAKE PAIUTE TRIBAL COUNCIL

WATER TEAM MEETING MINUTES

Tribal Chambers

July 15, 2020

Members Present

Anthony Sampson Sr., Tribal Chairman Sherry Ely-Mendes, Vice Chairwoman

Janet Davis, Councilmember William Miller, Councilmember

Judith Davis, Councilmember Irwin Mix, Councilmember

Cassandra Darrough, Councilmember Michele Smith, Councilmember

Carolyn Harry, Councilmember Georgina Wadsworth, Councilmember

Note: Due to COVID-19 Tribal Council meetings are closed to the public to ensure the health and

safety of attendees. Councilmembers attended in person, keeping to 6-foot distancing, and via audio

conferencing.

Chairman Sampson Sr., called the July 15, 2020 Water Team meeting of the Pyramid Lake Paiute

Tribal Council to order at 6:02 p.m.

ROLL CALL

Roll call was taken by Brenda A. Henry, Tribal Secretary. All Tribal Councilmembers were present

at roll call and a quorum was established for this meeting.

APPROVAL OF AGENDA

No changes to agenda.

Councilmember Judith Davis made a motion to approve the agenda. Councilmember Wadsworth

seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0) abstentions.

Motion carried.

CONSENT AGENDA

Following items were approved on the consent agenda:

1. Approval of Stetson may 2020 Invoice #1336-2005 & 13365-01-2005

Councilmember Harry made a motion to approve the consent agenda. Councilmember Janet Davis

seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0) abstentions.

Motion carried.

Pyramid Lake Paiute Tribal Council

July 15, 2020 WIM

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NATURAL RESOURCES DEPARTMENT. Donna Noel, Director, Natural Resources (NR)

1. Update on Algae Bloom. Kameron Morgan, Water Quality Manager

Mr. Morgan explained the Water Quality Program has been monitoring the recent algal bloom

occurring in Pyramid Lake over the last couple of weeks. Throughout the summer months, the program

conducts visual monitoring at 3 beaches at Pyramid Lake: Block House, Marina and Pelican Point.

During the June 26 visual algal survey, staff noted that a bloom had begun to occur in the southern

region of Pyramid Lake. On June 29, staff conducted water quality and algal sampling at the three

monitoring locations for nutrients, cyanobacteria, as well as collected field measurements including

temperature, dissolved oxygen, salinity, total dissolved solids, turbidity, and pH. Once returning to the

lab, staff tested for cyanotoxins using qualitative test strips, but the results were negative for toxins.

After the June 29" sampling event, the algal bloom appeared to subside until July 10, when staff noted

the algal bloom had returned but was significantly more apparent. The Water Quality Standards

Specialist, Aaron Bill, collected another water sample of the bloom and tested it again for cyanotoxins

using a test strip. The sample was positive for cyanotoxins and is currently being sent to Bend Genetics

in Sacramento for further quantification of cyanotoxins.

Councilmember Miller asked for a confirmation that the conditions are harmful to humans at the lake

now. Mr. Morgan said that is something they don’t know but they will post an advisory to the members

who are using the lake. There are different protocols they will follow once they get the results back from

testing to determine their next steps.

Councilmember Judith Davis had a question for Ms. Noel regarding her report on paragraph that stated

“we received notification for the FEMA river restoration project that we were awarded most of the

funding and received the funding documents”. Ms. Noel said they put in a grant about 8 months ago and

they received the funding but only partially, the funding was for engineers for design for erosion areas

on the river. There are several projects currently going on in the river and they will be putting out an

RFP, and have them look at the critical areas and the flood plan to make sure erosion won’t affect the

areas they design along and down the river. Mervin Wright is currently working on the RFP.

Councilmember Wadsworth wanted to know how many acres of water was purchased by TRIC from the

UNR water from the mainstem Truckee River. Ms. Noel said there was a couple hundred-acre feet. They

outbid the Tribe because we’re only allowed to offer fair market value and they paid over.

Councilmember Wadsworth had a question on the Brownfield Program, saying the EPA approved

assessment for the two parcels of land in Wadsworth so when are they going to do the testing. Ms. Noel

said she spoke to Mr. Avina already and he was working on the scope of work and she figures they will

be starting work the next week. Councilmember Wadsworth asked if the owner handed over the transfer

yet. Ms. Noel said he signed the waiver for access to the property, they not asking for commitment for

transfer over to the Tribe until they know what the assessment is done because the Bureau of Indian

Affairs won’t accept if there’s contamination there and there will be the trust process to go through.

Pyramid Lake Paiute Tribal Council

July 15, 2020 WIM

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WATER TEAM REPORT

Chris Mixson, Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP. Report submitted

Mr. Mixson is requesting an Executive Session at the end of Stetson’s report.

1. Endangered Species Act Sec. 7 Consultation. Mr. Mixson said since the formal ESA Sec. 7

consultation process got back on track in June, the US Fish & Wildlife Service (USFWS), Bureau of

Reclamation (BOR), and the Tribe have met to discuss the schedule for USFWS to complete the

Biological Opinion. USFWS has tentatively chosen April 2021 as the target date.

2. Truckee Canal XM Environmental Impact Statement. Mr. Mixson said there is no new

developments regarding the Truckee Canal XM Environmental Impact Statement.

3. CEMEX Water Operations. Mr. Mixson said as the Tribal Council is aware, on June 18" the

Chairman sent a letter to CEMEX demanding that they immediately stop all dewatering activities

in the Paiute Pit because 1) it was threatening to dry the Tribe’s municipal groundwater resources

and 2) it was resulting in unpermitted discharges of water to the Truckee River. CEMEX provided

a written response the next day, agreeing to turn off its dewatering pumps. Those letters are

attached to this memo. The next week, CEMEX claimed that it would not be able to move its

mining operation to another location within the leased area on the Reservation, and if it could not

dewater the Paiute Pit it would not be able to mine at all. The Water Team reiterated that CEMEX

could not dewater the active pit unless 1) it could guarantee it would not impact the Tribe’s

groundwater resources and 2) it obtained a discharge permit for the Truckee River. We were

informed on June 26" that CEMEX would move its active mining to another location within the

lease area.

4, Recoupment Case. Mr. Mixson said the district court judge has not acted on the Federal

Watermaster’s February 2018 status report in which the Watermaster explained that he is unable

to determine whether TCID should receive repayment credits toward the 335,000 acre-feet of

water owed to Pyramid Lake for various times when water was not diverted into the Truckee

Canal (through 2016). TCID claims it has paid over 650,000 acre-feet, even nearly twice what it

owes. The Tribe and United States say TCID has only repaid 20,000 acre-feet. They are working

with the new Department of Justice environmental attorney, Eve McDonald, assigned to this case

to prepare and file a joint request that the judge hold a status conference to get this matter back

on track. A draft was provided to opposing counsel on January 7".

5. NUMU Inc. / Pyramid Commerce Center. Mr. Mixson said the Water Team attended a meeting

with representatives of Numu Inc. and PCC on June 30%. The entities are requesting the Water

Team provide detailed information regarding the Tribe’s water resources that may be available

for use at PCC for economic development. We are working with Numu Inc. to prepare a nondisclosure and confidentiality agreement for PCC and its principles because information regarding

the Tribe’s water resources, and specifically its groundwater resources, is very sensitive and

strictly confidential.

Pyramid Lake Paiute Tribal Council

July 15, 2020 WTM

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6. Clean Water Act Sec. 401 Litigation. Mr. Mixson said he has been asked to seek the Tribal

Council’s approval for the Tribe to join a nationwide lawsuit against proposed Clean Water Act

Sec. 401 (water quality certification) rule changes. A confidential memo from the Earthjustice law

firm regarding the proposed lawsuit is attached. He will update Council in Executive Session.

Allan Richards, Stetson Engineers Inc. Report submitted.

1. CEMEX 2020 Mining Plan and Pit Dewatering. Mr. Richards said Stetson evaluated recent

data from the Tribe regarding the declining water levels in Wadsworth wells, including the critical

conditions associated with the Tribe’s declining Municipal Well No. 4 water level. Stetson

prepared a Technical Memorandum (June 10, 2020), as requested by the Tribe and its attorney,

summarizing the mining pit dewatering situation at the CEMEX Paiute Pit and the effects on the

regional groundwater aquifer. Stetson also provided review comments on CEMEX’s Mining

Operations Plan and contributed comments on the Chairman’s June 18, 2020 letter to CEMEX

requesting the cessation of its mining pit dewatering operations. Conference calls were held with

the Tribal Council and CEMEX on June 24, 2020 regarding the Chairman’s request that CEMEX

cease dewatering.

2. Reclamation’s OCAP BA/BO Project. Mr. Richards said the Water Team had conference calls

with the U.S. Fish and Wildlife Service (USFWS) and Reclamation (BOR) on June 4*, June 18, and

June 30, 2020 to discuss BOR’s Biological Assessment and the status of the USFWS Biological

Opinion (“BO”) for the on-going OCAP. The current discussions have been focused on the schedule

for USFWS to complete the BO (tentative target date is April 2021).

3. Ormat’s Proposed Geothermal Project in San Emidio Basin. Mr. Richards said the U.S.

Bureau of Land Management (BLM) released an Environmental Assessment (EA) for Ormat’s

proposed 40-megawatt geothermal power plant to be constructed in the San Emidio Desert Basin.

The Water Team had a conference call with BLM on June 24, 2020 to discuss concerns regarding

the potential impacts of the proposed Project on the Tribe’s resources, and to provide preliminary

comments on deficiencies with the EA.

Councilmember Harry asked if they could get a copy of the comments. Donna Noel said she will

forward to Council.

4. Numu Inc./ Pyramid Commerce Center. Mr. Richards said the Water Team attended a

videoconference with representatives of NUMU Inc. and the Pyramid Commerce Center

consultants on June 30 to discuss general matters regarding the Tribe’s water resources

potentially available for economic development and use at the proposed development.

5. TROA Meetings and Scheduling. Mr. Richards said Stetson hosted and prepared discussion

materials for the TROA-MOA conference calls on June 9t, The group coordinated operations and

received updates on the flows, storage and lake levels, weather outlook, and fish facilities’

operations. Stetson worked with the Tribe on reviewing Truckee River flows and forecasts, and

reservoir operations, and participated in the monthly TROA scheduling meeting with the Federal

Water Master and other TROA parties on June 25, The Tribe’s monthly TROA Scheduling

Request Form required by the Federal Water Master was prepared and submitted in June.

Pyramid Lake Paiute Tribal Council

July 15, 2020 WTM

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Stetson also participated in a conference call on June 18" to coordinate with California on plans to

use Joint Program Fish Credit Water.

6. Lower Truckee River and Pyramid Lake. Mr. Richards said the flows in the Truckee River

averaged about 580 cubic feet per second (cfs) during the month of June 2020. The Pyramid Lake

elevation at the end of June was about 3807.6 feet.

7. Other Work (Numana Dam Fish Passage Project). Mr. Richards said under a separate project

(contract) Stetson is working with the Tribe’s Natural Resources Director and the Lahontan

National Fish Hatchery Complex (Tim Loux) on the Numana Dam Fish Passage Project. Stetson

continues to refine a roughened ramp design, construction plans/specifications, and cost estimate

for a plan that would allow fish passage over the Numana Dam.

EXECUTIVE SESSION

Councilmember Judith Davis made a motion to move into Executive Session. Councilmember Miller

seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0) abstentions.

Motion carried. Tribal Council moved into Executive Session at 7:08 p.m.

Vice Chairwoman Ely-Mendes made a motion to move out of Executive Session. Councilmember

Smith seconded the motion. Votes were nine (9) for and zero (0) opposed with zero (0)

abstentions. Motion carried. Tribal Council moved out of Executive Session at 7:42 p.m.

ADJOURNMENT

With no further business before the Tribal Council, Councilmember Judith Davis made a motion to

adjourn the meeting. The motion was seconded by Vice Chairwoman Ely-Mendes. Votes taken

were all in favor, motion carried.

The meeting adjourned at 7:43 p.m.

Submitted by,

Finundal

Brenda A. Henry

Tribal Secretary

CERTIFICATION

The foregoing minutes were adopted by the Pyramid Lake Tribal Council, governing body of the

Pyramid Lake Paiute Tribe, at a meeting duly held on the 21% day of October 2020, having nine

(9) members present, constituting a quorum, by the vote of eight (8) FOR and zero (0) OPPOSED

with zero (0) ABSTENTION.

Minutes attested and concurred by: Ap |2- y ay

Anthony Sanpsonsr,, Tribal Chairman

Pyramid Lake Paiute Tribal Council

Pyramid Lake Paiute Tribal Council

July 15, 2020 WIM

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