# Pyramid Lake Paiute Tribal Council (2024) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Apyramid_lake%3A565e89428f9637ef ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Pyramid Lake Paiute Tribal Council Post Office Box 256 Nixon, Nevada 89424 Telephone: (775) 574-1000 Fax (775) 574-1054 WATER TEAM MEETING MINUTES Tribal Chambers ~ Nixon, NV July 17,2024, WTM Members Present: Steven Wadsworth, Tribal Chairman Edward Ely III, Vice Chairman Harriet Brady, Councilmember Nicholas Cortez, Councilmember Judith Davis, Councilmember Della John, Councilmember Nathan Dunn, Councilmember Genevieve John, Councilmember Georgina Wadsworth, Councilmember Members Absent: John Guerrero, Councilmember CALL TO ORDER Chairman Wadsworth called the July 17, 2024, Tribal Council Water Team meeting of the Pyramid Lake Paiute Tribal Council to order at 6:00 p.m. ROLL CALL Roll call was taken by Brenda A. Henry, Tribal Council Secretary. Councilmember Guerrero was absent. All other Councilmembers were present at roll call and a quorum was established for this meeting. Councilmember Guerrero was on-line via zoom for information only. APPROVAL OF AGENDA ~ Chairman Wadsworth presented the agenda with no changes. Councilmember Dunn asked about an email request from Quentin Blue Horse, Walker River Tribal member regarding a request by Travel Nevada to use one of his photos, which was taken within the closed area of the lake. He wished to state his request before the Council. Chairman Wadsworth said Mr. Blue Horse didn’t contact the Tribal Secretary for zoom connection. Typically, these types of requests are processed through the Inter-Disciplinary Team (IDT). Vice Chairman Ely motioned to approve the agenda for July 17, 2024. Councilmember Genevieve John seconded the motion. Votes were eight (8) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED CONSENT AGENDA Pyramid Lake Paiute Tribal Council July 17, 2024, Water Team Minutes Following items were presented on the Consent Agenda: 1. Approval of Minutes: June 20, 2024, WTM 2. Approval Kemp Jones May & June 2024 Invoice Councilmember Brady requested to pull #1 for discussion. Councilmember Brady motioned to approve items #2 on the consent agenda. Councilmember Davis seconded the motion. Votes were eight (8) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED Item #1. June 20, 2024, WIM The June 20, 2024, WTM minutes were presented with Councilmember Wadsworth and Genevieve John’s corrections. Councilmember Brady had one correction to page seven, the spelling of Crosbys to Crosby's. Councilmember Cortez motioned to approve the June 20, 2024, WTM minutes with corrections. Vice Chairman Ely seconded the motion. Votes were eight (8) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED PRESENTATION 1. Bureau of Land Management (BLM) National Environmental Policy Act (NEPA) Status NextEra - Dodge Flat II Project. Joshua Carnahan, Acting Field Manager, Sierra Field Office, Carson City District, Bureau of Land Management (BLM) Mr. Carnahan stated this is an official consultation regarding the Dodge Flat II Project. There are existing solar arrays on the Dodge Flats already located on BLM and private lands that is adjacent to the Reservation boundary. There are also proposed solar array additions listed in red shown on a map to the Council. A brief background, in 2021 BLM received an application for the Dodge Flat II Project. Once BLM receives an application, they must approve them, approve them with modifications or deny them. There is specific language in their Code of Federal Regulations (CFR) which tells them what they can or can’t deny. Because this project is located in an area that they considered which are set aside as a variance according to their Resource Management Plan (RMP), an area that was excluding solar because of the elevation changes and the elevation in the area, they had to go through a variance process, and that process is completed. Technology now allows solar in places that wasn’t previously identified in their RMP. The variance was approved in December 2021 and since then the applicant has been collecting baseline and resource information and the potential impacts for that area. The National Environmental Policy Act process, notice of intent was filed to amend the Carson City District RMP in January 2024. After the process they identified what is called a 368 Energy Corridors which is a Wester wide Energy Programmatic Environmental Impact Statement (EIS) which runs across the Western United States. These corridors are only for energy corridors like transmission lines. They will have to amend their RMP and the notice for this change was sent to the Tribe two months previously. They have identified issues and have determined some have no chance of -2-|Page Pyramid Lake Paiute Tribal Council July 17, 2024, Water Team Minutes significant effects and these were not analyzed in detail by BLM. They also have identified ones that have chances for either informing the decision or potential significantly having effects on the project. Councilmember Brady said BLM is telling the Tribe they determined the variance, but did they consult with the Tribe. Mr. Carnahan said he is sure they were in communication with the Tribe on the issues. They have gone through the scoping so far and have identified preliminary issues, but it doesn’t mean new issues might not arise. There was a comprehensive list of issues identified, ones they need to look at, and ones that need to be analyzed in full detail. Councilmember Brady asked again if they consulted with the Tribe. Joshua said they are consulting at this moment, and they have also held public scoping, and the information was sent out. This is one step in the process in identifying the issues. An Environmental Assessment (EA) will be done and when the draft EA is finished it will come back to the Tribe first for consultation to determine whether they are missing anything, once they get the Tribe’s consultation and comments back, then it will go to the public for a comment period. Vice Chairman Ely asked that when the information comes to the Tribe, they include the no significant impact comments. Councilmember Brady asked the Chairman if he remembers BLM coming to the Tribe in March 2024? Chairman Wadsworth said he doesn’t remember since during that time there was chaos around administration with the previous Chairman resigning. And he doesn’t remember anything in 2021 since that would have been around COVID and any presentations would have been via zoom. Mr. Carnahan said it might have been a notification letter regarding the new project. For them, the project doesn’t move forward until they get a sign off from the Deputy Director of Interior of BLM informing them of allowing a variance. Chris Mixson, Kemp Jones LLC, said they have had several meetings with BLM starting last year. Initially they only reached out to the THPO, but the Water Team is now monitoring this project. Councilmember Brady asked about asked about socioeconomics, which was on the list, what does it mean specifically? Mr. Carnahan said it is a requirement to look at the effects of the action on the area and the environmental justice issues. He hasn’t had a chance to look at it with the contractor assigned to writing these. They are still early in the process, and it is one of the things they are trying to make sure the Tribe is informed of. Councilmember Della John said they are sensitive to that since the last project they did, had more traffic issues, where they went through the community, and it was like I-80 on the two-lane road. -3-|Page Pyramid Lake Paiute Tribal Council July 17, 2024, Water Team Minutes Councilmember Cortez asked with all the things that need to be identified and published, how is the data going to be gathered and what is the width of how they determine air quality, environmental justice and how much of that would end up within Tribal boundaries as the requirement. Mr. Carnahan said it depends on those issues. The BLM looks at the extent of the direct and indirect effects of the issue and based on how you can measure or capture it will determine how they analyze it. Continuing, Mr. Carnahan explained once the Notice of Intent (NOI) is published, the BLM will have 6 months to complete its NEPA Process. There will be a 30-day scoping period that is triggered with the NOI. Then if anything is identified by the Tribe, the BLM will work with the Tribe to figure out how best to address it in the project., then out to public comment again, then any adjustments are made and they issue the proposed amendment, the EA and a finding of no significant effect if that is appropriate. Then to the State of Nevada for a 30-day review with another 30-day protest period. Afterwards the BLM would issue a decision record and an amendment if applicable. BLM would like to know how much involvement the Tribe would like, to include coordination and consultation meetings, and updates at Council meetings. They will also provide a monthly email update on the coordination side of it. Mr. Mixson recommended a minimum of a monthly update email to Tribal Council and putting it on the agenda monthly and if there is nothing to update, they can reach out and pull it from the agenda. Councilmember Cortez said he asked at the last meeting if there were any projects anywhere within the exterior boundaries, like a buffer zone, that BLM can notify the Tribe on. Mr. Carnahan said there are some projects, and he can get the information to the Council. Councilmember Brady said she would like to see information on all the Northern BLM land which is all Northern Paiute Territory. Mr. Carnahan said he will consolidate a list for all projects going on in the Sierra Front Field Office and send a notifications list to the Tribal Secretary to forward to the Council. NATURAL RESOURCES 1. Request for Approval Water Management, Planning and Pre-Development Grant with Resolution. Donna Noel, Natural Resources Director Ms. Noel explained this is a Bureau of Indian Affairs (BIA) 638 grant which the department submits and receives every year. The purpose is for consultation and technical support for flood control, the TROA Memorandum of Agreement and Implementation including OCAP and Recoupment and includes her office salaries. The grant is in the amount of $397,088. -4-|Page Pyramid Lake Paiute Tribal Council July 17, 2024, Water Team Minutes Vice Chairman Ely motioned to approve the request to submit for the BIA Water Management, Planning and Pre-Development Grant with Resolution. Councilmember Davis seconded the motion. Votes were six (6) for and zero (0) opposed with two (2) abstentions (Della John, Brady). MOTION PASSED. RESOLUTION NO.: PL 066-24 BIA WATER MANAGEMENT PLANNING AND PRE-DEVELOPMENT GRANT 2. Request for Approval Water Rights Negotiation/Litigation Grant with Resolution. Donna Noel, Natural Resources Director Ms. Noel explained this is BIA 638 grant and the purpose is for the Navy water from the Settlement Act and Federal Reserved Groundwater Rights. The grant is in the amount of $158,740. Councilmember Della John asked if this was for the groundwater for Dodge Flats and if the Tribe was appealing it? She saw where there was a Nevada decision where the Attorney General gave the groundwater to the State. Chris Mixson, Kemp Jones Attorney said it was it is for the groundwater but there is no litigation now. It’s a litigation project the Water Team has been working on to assert the Tribe’s Federal Reserve Groundwater Rights on Dodge Flat. This is to undo that decision or try to get around it. It’s been about 12 years since that decision. They are not going to get rid of it because it’s a Nevada Supreme Court decision which is the highest court in the State, but the idea is to get a federal decision that protects the Tribe’s water rights and ignores the State Supreme Court decision. Councilmember Davis motioned to approve the request to submit for the BIA Water Rights Negotiation/Litigation Grant with Resolution. Councilmember Della John seconded the motion. Votes were eight (8) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED. RESOLUTION NO.: PL 067-24 BIA WATER RIGHTS NEGOTIATION/LITIGATION GRANT 3. Request for Approval for Research on Divorce Ranches with Oral Interviews, Site Visits with Photography of Architecture on Reservation. Audry Andrews, UNR Graduate Student Ms. Andrews said she is a fourth year PhD student at UNR studying anthropology. Her advisor is Dr. Carolyn White and for her dissertation research she is trying to identify divorce ranches in the greater Reno area. She is up to 79 now with 12 being within the boundaries of the Pyramid Lake Paiute Reservation. There are two (2) that she is asking permission to visit and to photograph the architecture and then conduct a few oral history interviews. She met with Billie Jean Guerrero at the Pyramid Lake Museum a number of times and she is excited about the project and plans to visit the ranches with her along with the UNR NAGPRA Coordinator. At Ms. Guerrero’s suggestion she plans on conducting a few oral history interviews. She has identified Levi Frazier who is familiar with these ranches because his mother and sister were working on some and as the project progresses, she will meet other people who are interested. Ms. Guerrero would also like her to put together an exhibit for the museum when completed. Councilmember Brady said she didn’t get a chance to read her perspectives and asked if there was a potential for her to make a book or compile a video of this project for sale? -5-|Page Pyramid Lake Paiute Tribal Council July 17, 2024, Water Team Minutes Ms. Andrews said she had no plans now since she won't complete her dissertation for at least two years, she is only requesting the phase where she can do her research and write but it could change once she graduates. She does understand that she will have to get the Tribe’s permission if she wants to publish any of the photographs, if she must sign a royalty agreement she is happy to do that. Councilmember Brady said she would like to have the Tribe’s legal review and provide a clause to be included. Councilmember Brady motioned to table the request and forward it to Wes Williams, Legal Counsel for Review, then return to the Council. Councilmember Dunn seconded the motion. Votes were eight (8) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED Chairman Wadsworth informed Ms. Andrews her request is tabled for a legal review on the language and royalties, and they will get back in touch with her to return to Council. WATER TEAM 1. Kemp Jones LLP Attorneys at Law Monthly Report. Chris Mixson. Report Submitted Mr. Mixson requested an Executive Session to discuss CEMEX. Truckee Canal Extraordinary Maintenance EIS. They are in the briefing phase of the summary judgment. The United States filed their summary judgment brief in June on behalf of the Tribe. They filed a simple joinder to their brief and then Fernley filed their next brief in the whole process. More information on this will be in his packet for the next month. After 30 days, the United States will file another brief, which they will also join after he reviews it and then Fernley will get one last brief because it’s cross motions for summary judgment. Technically, there are two motions going on at the same time. The arguments are centered on whether the EIS adequately analyzed the environmental impacts from lining the Truckee Canal which Fernley claimed are going to kill the white vegetation from the loss of the seepage and cause land subsidence in Fernley. The United States is saying they did look but Fernley is saying they didn’t look at it good enough. Navy Water. Not much has happened since they last briefed this subject. They did pin down the Department of the Interior representative which is primarily the US Fish and Wildlife Service Office out of Sacramento. They have a consultation meeting with them next week. They have been going through a complicated process to figure out if there is a way to get enforceable water right from the Fallon Naval Air Station and the Carson Division Newlands Project backwards up through the Truckee Canal, back to Derby Dam and in the Truckee River. It’s gotten complicated, so they will be approaching them with a proposal to retire some of the Navy water rights permanently. They know over the long term that will have positive effects for Pyramid Lake. The Water Team is developing that proposal and will be submitting it to the federal team next week and depending on how they react, they will come back to the Council in August with a more detailed discussion. -6-|Page Pyramid Lake Paiute Tribal Council July 17, 2024, Water Team Minutes CEMEX. They received a letter from CEMEX the previous day and will get more into it in Executive Session. Truckee River Flood Management Authority Mitigation Fund. For the $17 million mitigation fund, they have issued $500,000 which was their first obligation under the fund, so that the Natural Resources Department will have seed money to start building out their flood project. Those funds are in the Finance Department ledger account for that project. It’s for Ms. Noel to hire an employee so they can start developing the flood mitigation projects, in the meantime, they are in a 60-day period from when the mitigation fund agreement was approved with TRFMA to develop the escrow instructions. Once the instructions are done and after the 60-day period, TRFMA will put the final $16.5 million into an escrow account where it will permanently live as the Tribe submits requests for money to build flood mitigation projects. He’s made a few minor changes to the draft TRFMA escrow instructions, and he’s also reached out to Leilana Walkush Wilson, Blackwater, who manages the Tribe’s Economic Development Fund and they will be using her group to build an investment plan for the $16.5 million while it sits in the escrow account for the Tribe. TRMFA has agreed the Tribe gets the interest earned, minus the fees for the firm who manage it. NextEra Dodge Flat II. As BLM stated in their presentation, they will start having consultation with the Tribe. It seems the current person, Joshua Carnahan understands what consultation means but with him only being in the position until mid-September, whether that will continue with his replacement, they will have to wait and see but they will continue to collaborate with them as they develop the EIS. 2. Stetson Engineers Inc. Monthly Report. Allan Richards. Report Submitted Mr. Richards said this report covers the month of June. CEMEX. They had two check-in meetings with CEMEX in June. They were providing them updates on their reclamation operations for the area B and providing status on the water level in Lake A. Water level in Lake A was threatening to get to a point where they might want to consider pumping water from A over to B to bring the level down but with the flows declining in the Truckee River recently, so has the levels in Lake A which is no longer a threat. They had discussion on various assets which they would like input from the Council including groundwater wells, the office trailer, a shop and gasoline and diesel fuel tanks. There is also a vegetated area in the north part of Area B, they want the Council input on whether the Tribe wants to keep as is or to do reclamation on it. They received a formal response to the Chairman’s May 29, 2024, letter and there is more in the proposal that has to do with paying annual rent, something they can talk more about in Executive Session. Councilmember Genevieve John asked if they were going to remove or restore the barrier that they put in by the road along the pit? It’s a 12-foot dirt berm, which prevents you from looking into the pit. Mr. Richards said there has been no mention of the berm, but they can add to the response to them. Moving on to his attachments. There have been no significant water level changes in the four monitoring wells that were installed back in June of last year, but these four wells are included in their assets that they would like input from the Tribe on. This is interesting because none of the four wells are in the leased areas they are all outside of it. -7-|Page Pyramid Lake Paiute Tribal Council July 17, 2024, Water Team Minutes Vice Chairman Ely asked when they mentioned these assets, are they are putting a monetary value on them and offering them to the Tribe at a price. Mr. Richards said that is something they can talk about in Executive Session. CEMEX also provided an update aerial survey showing Area D which was flown on June 27, 2024, and it indicates the 3:1 slopes they have reclaimed on the three sides of the pit where they were doing their mining. A year ago, they reclaimed the northern slope to 3:1 but in early June when they stopped mining and started the reclamation, they have reclaimed the west and the south slopes, also 3:1 or the walls to the south are a little flatter than 3:1 and are in the process of re-sloping the eastern wall of Area D pit. They are still dewatering the area to do the reclamation so there will be discussions and decisions on signing off on that reclamation. When the sign-off occurs with the Tribe and BLM and the pumping stops, the water level will rise in that area and will rise to about elevation 4043. Navy Water. They had a meeting on June 5, 2024, but nothing has occurred since then. They have another meeting scheduled to continue discussion about the concept to retire water rights. They had two TROA-MOA meetings in June, typically they only have one. They had two because of the fish flow regime targets were changing from 800 CFS to 300 CFS. They had more activity with the Federal Water Master and were ramping down the fish flow releases incrementally instead of abruptly so the flows in the river would mimic more closely natural flows in the river. The lake levels plateaued into June going into July with evaporation offsetting the inflows which they will see a drop on the lake level that occurs at the end of summertime. Truckee River flows into the lake in June was 361,000-acre feet and they will end the water year a little bit below normal around 50,000-acre feet total. Stampede and Prosser Creek Reservoir both are at 87% which is good which will make a good place starting next season. EXECUTIVE SESSION Vice Chairman Ely motioned to move into Executive Session for discussion on CEMEX. Councilmember Genevieve John seconded the motion. Votes were eight (8) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED. Tribal Council moved into Executive Session at 7:05 p.m. Vice Chairman Ely motioned to move out of Executive Session. Councilmember Cortez seconded the motion. Votes were eight (8) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED. Tribal Council moved out of Executive Session at 7:54 p.m. ADJOURNMENT With no further business before the Tribal Council, Councilmember Cortez made a motion to adjourn the meeting. The motion was seconded by Councilmember Davis. Votes taken were all in favor, motion carried. The meeting adjourned at 7:55 p.m. Submitted by, wlll eur -8-|Page Pyramid Lake Paiute Tribal Council July 17, 2024, Water Team Minutes Brenda A. Henry Tribal Council 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 August 2024, having ten (10) members present, constituting a quorum, by the vote of nine (9) FOR and zero a OPPOSED, with zero (0) ABSTENTIONS. Minutes attested and concurred by: Zz Lf se at Steven Wadsworth, Tribal Chairman Pyramid Lake Paiute Tribal Council // -9-|Page --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Apyramid_lake%3A565e89428f9637ef. Public record. Not legal advice.