Pyramid Lake Paiute Tribal Council (2025)

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

September 17, 2025, WIM

Members Present:

Edward Ely III, Vice Chairman Nicholas Cortez, Councilmember

Loren Decker, Councilmember John Guerrero, Councilmember

Judith Davis, Councilmember Della John, Councilmember

Nathan Dunn, Councilmember Ceira Sampson, Councilmember

Member Absent: Steven Wadsworth, Tribal Chairman Georgina Wadsworth, Councilmember

CALL TO ORDER

Vice Chairman Ely called the September 17, 2025, Water Team meeting of the Pyramid Lake Paiute Tribal

Council to order at 6:00 p.m.

ROLL CALL

Brenda A. Henry, Tribal Council Secretary, took roll call. Chairman Wadsworth and Councilmember

Wadsworth were absent. Councilmember Sampson arrived at 6:02 p.m. All other Councilmembers were

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

APPROVAL OF AGENDA

Vice Chairman Ely presented the agenda with the addition of the Stetson Engineers Inc August 2025 Invoice

NFWF #2899-022 under Consent Agenda and the addition of a Request to continue the raffle for the Aquatic

Invasive Species program under New Business.

Councilmember Davis motioned to approve the September 17, 2025, Water Team meeting agenda with the

additions. Councilmember John seconded the motion. Votes were five (5) for and zero (0) opposed with zero

(0) abstentions. MOTION PASSED

CONSENT AGENDA

The following items were listed under the Consent Agenda:

Councilmember Sampson arrived at 6:02 p.m.

1. Approval of Kemp Jones August 2025 Invoice

2. Approval of Stetson Engineers Inc Invoices:

Pyramid Lake Paiute Tribal Council

September 17, 2025, Water Team minutes

April 2025 Invoice #1336-01-2507 and #1336-2507

May 2025 Expert Witness #1336-01-2505

July 2025 Herman Ditch #2837-025

July 2025 NFWF #2899-021

August 2025 NFWF #2899-022

eo Ro oD

Councilmember Cortez motioned to approve the Consent Agenda. Councilmember Dunn seconded the motion.

Votes were seven (7) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED

MINUTES

1. Approval of Minutes.

a. August 20, 2025, WTM.

There was no further discussion.

Councilmember Davis motioned to approve the August 20, 2025, WTM minutes. Councilmember Decker

seconded the motion. Votes were six (6) for and zero (0) opposed with one (1) abstention (Sampson).

MOTION PASSED

PRESENTATION

1. Silver Spring 345kV Fold (Microsoft Project) Project. BLM CCDO

Before they get to the main presentation, an update on the Dodge Flat II Solar Project which they are

wrapping up the final Environmental Assessment (EA). In July, the Secretary of the Interior issued a

memorandum telling all the Bureaus, including the Bureau of Land Management (BLM) that any solar and

wind projects must go through further review at the Deputy Secretary level at various stages of the project.

There were 69 different actions that were listed, and they must be approved by the Deputy Secretary

before they can move forward. They will continue preparing the final EA and then at that point will submit

it to the Department to see if they can move forward with it. It will stay an internal document at that point.

Unfortunately, even tribal consultations require Secretarial approval, they are not allowed to engage in

tribal consultation on those projects without Secretarial approval. That is where they are currently at with

solar projects. They have sent some solar projects for Secretarial approval over a month now but have not

heard back or received any approvals. They will continue with the Dodge Flat II project in preparing the

NEPA document, but it will stay put with them until they have Secretarial approval.

Joseph Palmer, Carson City BLM, explained the 345 kV project is a transmission line fold, a map was

provided to the Council to further explain the area of Silver Springs where there would be a substation on

private land. The transmission line crosses both BLM and private land. This project does tie to Green Link

North and West. Green Link West extends from Southern Nevada up past Reno. There is currently geo tech

being done on that project. This project is in Silver Springs, Nevada and would originate at the future Green

Link connection site west of State Route 439, which is USA Parkway and continue east crossing BLM

administered lands connecting onto NV Energy’s anticipated Nighthawk Substation in Silver Springs. The

right of way grant would be owned and operated by NV Energy, however, Microsoft Corporations is an

entity coordinating the environmental permitting efforts on behalf of NV Energy for the transmission line.

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Under the existing high voltage agreement contract between Microsoft and NV Energy are the anticipated

first of multiple users of the proposed project. Microsoft will be the first user of the transmission line. Some

of the milestones they’ve completed within 2025, Microsoft and Stantec, their NEPA

Coordinator/contractor, are biological surveys for wildlife, botany, and cultural surveys within this area.

Stantec has drafted chapters one and two of the EA which are in draft form now but plan to have completed

surveys and reports for them by the end of 2025 and early 2026. They will then draft chapters three and

four of the EA. These reports will be completed before the start of the NEPA. Kautz is their cultural

contractor.

Councilmember John asked if the migratory bird path for the pelicans is near the Dodge Flat II project. Mr.

Palmer said the transmission line isn’t anywhere near the Dodge Flat II project but for the transmission

lines, there are migratory birds that go through them, and they have done migratory bird surveys, and it

would be covered in the environmental assessment.

Donnal Noel, Natural Resources Director wanted to know if Microsoft is located towards the back on USA

Parkway or near the river. It was noted the NV Energy transmission line would be located on the west side

of USA Parkway. Councilmember Davis added the transmission line is close to the base of the mountain

range on the Silver Springs side. Mr. Palmer said the transmission line crosses USA Parkway towards the

bottom at the roundabout; it crosses where there is an existing transmission line. Ms. Noel asked if it would

service other industry in the TRIC area. Mr. Palmer said with Green Link in the same area there will be

enough power for everyone.

UNFINISHED BUSINESS

1. Request for Approval of PLPT Regulations Brochure Changes. Regulations Workgroup

In regards to printing, Randa Michelle, Regulations Workgroup member said these changes will be updated

in the new book and they will be online on the Tribe’s website at www.plpt.nsn.us and

www.pyramidlake.us .

Councilmember Cortez asked how the conversation came about for the seasonal fishing permits to make a

recommendation for it. The conversation with the seasonal fishing permits came about because it was a

comment on the poll vote from the PL Fisheries. It was the recommendation that seasonal fishing permits

be provided and it was included when considering all the issues the PL Fisheries brought forward in their

comments. The PL Fisheries wasn’t present at the workshop, but they still considered their concerns.

a. Add para 4.10 - Unlawful for any person to trailer a watercraft with plugs in and valves

closed on the Reservation.

Justin Jackson, Aquatic Invasive Species (AIS) technician said this would be an addition since currently

there is no requirement. On Nevada State Roads for the State, they want the plug pulled, for when a boat is

traveling, any water in the bilge can drain out on the road. The fine if cited is $250.

Councilmember Davis said they wanted these to go to the Law and Order Committee because they must

write it in the Law and Order Code for the Tribe for it to be enforceable. Ms. Mitchell said she doesn’t think

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it’s ever gone to the Law and Order Committee, the fines are in the Regulations Brochure. Councilmember

Davis said when the court looks at anything they must make sure it’s in the Law and Order Code. Ms.

Mitchell said the change is just a word change, the code is already in the regulations. Vice Chairman Ely said

what is being asked is if this is enforceable. It was noted this item is an addition and is not within the

regulations. Vice Chairman Ely said he remembers the discussion that it needed to go to the Law and Order

committee for a review, not approval. Councilmember John said this is the regulation, it’s posted to the

public, then comes to the Council with changes and they either adopt it or not. This is the civil code.

Councilmember Davis said what she is saying is that if stopped, any code they are being cited for must be

within the Law and Order Code. The judge doesn’t know what you're talking about because he must follow

the Law and order Code.

Ms. Mitchell said they are not citing Tribal members but looking back about 20 years since she has been

working for the Tribe, she’s never known the regulations to go to the Law and Order Committee.

It was noted, at the last meeting the Council requested these to go to the Law and Order Committee for

review. The Council didn’t have any minutes from the committee saying they reviewed these requests.

Again, Ms. Mitchell said the committee didn’t review the previous year, or the year before when they did

the 2023 updates, nothing went to the committee. Vice Chairman Ely said if that is the wishes of the

Council, that’s what should have occurred, they need to make sure the Law and Order Codes are relative to

the regulations. If fines are assessed, then it should go to the Law and Order Committee.

Brenda Henry, Tribal Secretary, said she received two different responses from two members of the Law

and Order Committee. Jolyn Sander stated it used to go to the committee along with being posted to the

public. Diana Mitchell said it doesn’t go to the committee. Vice Chairman Ely said his concern is how is it

going to be enforced. Ms. Mitchell said they needed to go back to the beginning when they set the bonds

with the regulations because in the years she has been employed with the Tribe, they've never gone

through the Law and Order Committee.

Adrienne Juby, AIS Manager, asked with the new watercraft fees and fines which haven’t gone through the

process, they are more recent than the ones being presented, are they also not enforceable? Vice Chairman

Ely said they were not.

Councilmember John said they are enforceable because the regulations brochure is the Civil Code for

recreation, and all fines and violations are identified. If a citation is written, that is what the court is going

to use to enforce. Same thing with the Cattleman’s Ordinance, they are all passed by the Council and

become a part of the Law and Order Code.

Ben John said there is civil code in the Law and Order Code under Chapter Three, Civil Procedures. Vice

Chairman Ely said he would be more comfortable if the Regulations Workgroup met with the Law and

Order Committee to provide a letter or response in writing to say they don’t need to act on this and it’s

covered under the civil code. And the Council did ask the Regulations Workgroup to meet with the Law and

Order Committee.

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Councilmember Cortez said that is where he is confused because when this question came up it was

because they both brought in regulation amendments as well as a tribal ordinance. When he looked at the

civil procedure under the civil chapter within the Law and Order Code, it brings up regulations and says

law applicable under civil action in all civil cases, the court shall apply any laws and regulations that may be

applicable, or any ordinances or customs of the Tribe not prohibited by federal law, where that would give

the leniency for the regulation book to fall underneath that and that is how they make changes within the

regulations book but they still apply within the law and order code. The confusion is because both a tribal

ordinance and a tribal regulation were both presented at the same time during the meeting.

Vice Chairman Ely asked if it was the consensus of the Council to send it to the Law and Order Committee

for review?

Ms. Mitchell said it would delay the printing and are they going to make the changes to the prices that

night? Ms. Henry said the Council had already approved the pricing changes, the fees and the changes for

the drones were approved at the August 15, 2025, meeting.

Vice Chairman Ely polled the Councilmembers on whether to forward to the Law and Order Committee for

review and a recommendation or to move forward for a vote. Councilmember Davis said to send it to the

Law and Order Committee because that was what asked for the last two meetings; Councilmember

Sampson said there needs to be consistency across the board and a policy in place but votes to move

forward with a vote; Councilmember Dunn recommended going to the Law and Order Committee to make

sure everyone is on board because only certain people know what is going on; Councilmember John

recommended to go forward because the Law and Order Committee had a chance to comment when it was

posted; Councilmember Decker recommended to move forward; Councilmember Cortez said the

regulations don’t apply to Tribal members, it applies to all non-Tribal members and for him, the regulations

are separate. It falls under the Law and Order Code because it gives it jurisdiction, to the regulations

brochure but the regulations brochure itself are on it’s own; Councilmember Guerrero agrees to move

forward, the Constitution says the Council can approve these policies or ordinances without approval of the

Law and Order Committee.

a. Add para 4.10 - Unlawful for any person to trailer a watercraft with plugs in and valves

closed on the Reservation. No questions or further discussion.

b. Amend para 4.11 - Anything in Section 4.1 to 4.10 will not apply to authorized

emergency boats in the performance of emergency operations. No questions or further

discussion.

c. Amend para 5.4 - Boating Closed Waters. The waters of Truckee River 1 % mile radius

around the mouth of the Truckee River. Closure extends from the south end of the

Cattleguard to the east end of Howards Bay at the sandy cliffs. Councilmember Decker said

there was no cattleguard there and then someone said there was. Ms. Juby said you wouldn’t

see that from the water, but it should be on the map. Councilmember Dunn said it’s going to

inhibit revenue. Since this one is going to debatable, Vice Chairman Ely suggested they come

back to this one.

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d.

Add para 6.3 - Boat landings are prohibited on closed or restricted areas. Mr. Jackson

explained for example the east side shoreline is technically closed whereas you can get right up

to on a boat. No boat landings in closed areas. Ms. Juby explained they had a boater who came

through who said he was going to go ashore from a boat because nowhere in the regulations did

it say that you can’t access the beach from a boat. This is just closing that loophole.

Amend para 10.1 - All motorized and trailered watercrafts are required to receive an

inspection prior to launching into the waters of the Reservation to detect the presence

and prevent the introduction of AIS. Councilmember Decker said he did see a comment from

Rutilio Lara about hand launched watercraft. Councilmember Davis said if they are required to

have an inspection, but the station is not open, what happens? Ms. Juby said the thought was if

they posted their hours, and they are open seven days a week, people would need to schedule

prior, they can come through the day before to be inspected. They would ask people to plan

better and plan for inspections. Councilmember Davis said if they approve this what would

their hours be? Ms. Juby said they would open at 7am, if they start opening at 5, then their day

would end at 1330. Vice Chairman understands but how will they try to accommodate

everyone, split shifts? How are they going to do that when they are short staffed? Ms. Juby said

they did apply for more funding for more staffing but hiring and keeping people is an issue.

Their thought process is the golden mussel is right at their doorstep and fisherman are coming

from the delta. Down the line if they find out the golden mussel can’t survive in the lake and

then they make the change back. They did apply for BIA funding last year to do a survivability

study here but are not sure if they will get the funding. They had a meeting with Nevada

Department of Wildlife (NDOW) who are looking for funds to do a study, and they would

potentially assist them in collecting water to do the study. Councilmember Dunn asked how

many individuals it takes to decontaminate. Ms. Juby said ideally, they would want two

individuals at any given time. Vice Chairman Ely said it should be a directive from the Council to

the Chairman to direct the Natural Resources Director to say this is when the station will be

open. Councilmember Davis mention that when the PL Fisheries came before the Council for

their Fishing Derby there was a directive that when they start their derby, the AIS will be open

that morning. Councilmember Davis said that should apply to the open fishing day also.

Amend para 10.1.1 - It is unlawful for any person to launch a motorized or trailered

watercraft without first submitting to an inspection by authorized Tribal personnel.

Councilmember Dunn asked about posted signs for when the station is open. Ms. Juby said the

main reason for not posting is in the past people who knew they were open at a certain time

would show up 30 minutes or so earlier. She does see the other side where people who want to

do the right thing and show up when they are open, if it were made mandatory, they would post

their hours 100%.

Add para 10.1.1 - After passing an inspection, a valid certification of inspection will be

provided by authorized Tribal personnel and must be displayed on the dashboard of the

trailering vehicle. No questions or further discussion.

Amend para 10.1.2 - non-motorized hand-launched watercrafts are encouraged to

complete and submit an AIS Watercraft Self Inspection Form prior to launching. Mr.

Jackson said their response to Mr. Lara for the non-motorized hand launched watercraft, such

as float tubes, belly boats, paddle boards, inflatable rafts, kayaks, canoes, etc., they hold the

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lowest risk of spreading invasive species. And with the large volume of those types of

watercrafts and their limited staffing, it would pull resources away from the higher risk boats

that have systems that hold water and transport them. So, they are prioritizing their resources

and not requiring those to have an inspection at this time. Ms. Juby explained the

decontamination process to Councilmember Sampson who asked about the boat inspections.

They can do an inspection in about 2 % minutes.

i. Add para 10.1.2 - No cash payments will be accepted. Ms. Juby said they have tablets, and

they are set up in the NAGPRA to enter their card information. Mr. Jackson explained the system

they have is to encourage people to have less water on their boats. If they have one system that

needs decontamination, it’s automatically $15 and $5 more after that. They have maxed out at

$45 for decontamination which is low compared to other regional programs.

Vice Chairman Ely went back to item #c for the waters of the Truckee River being 1 % mile radius around

the mouth of the Truckee River. Closure extends from the south end of the cattleguard to the east end of

Howard's Bay at the sandy cliffs. They established that years ago there was a cattleguard there, there is a

sign there and the sandy cliffs are a definite area. Ms. Juby said it’s more of a visual to show where

Howard's Bay is on the map. Mr. Jackson added that area is closed due to cultural reasons. Mr. Juby said it

was recommended to put a line on the map for a visual.

Vice Chairman Ely said they understand they are trying to protect the lake, and they are trying to find a fine

balance.

Mr. Jackson asked if there were any recommendations from the Council they can feasibly implement. They

have outlined the problem, the golden mussel boats are coming in, is there any input that they could try to

move forward with on their side. Vice Chairman Ely said he would like to see some data collection, this is

detrimental and if it’s working and they do have to close their launch areas like Tahoe, all information that

can be provided can help them with their decisions like violators that go south of the cattleguard,

misinformation that people are not understanding the inspection station not being manned 24/7, any

information they can gather would help.

Councilmember Dunn suggested promoting the reasons why they are making these efforts about protecting

the lake regarding the golden mussels and how they are trying to increase their safety protocols.

Councilmember Cortez said knowing peak hours, knowing fisherman, they will be there an hour before

sunrise which is the peak time to fish and trying to manage their schedules to focus on this. Trying to

accommodate where the schedule is proactive to capture as many people as possible.

Councilmember Davis asked for more outreach because the signs that were put up at Popcorn Beach were

specific to the reason, without going into a lot of detail, just to keep the mussels out.

Noted the requests for approval does not include the seasonal permit request.

Councilmember Davis questioned item #e being required, but she would like see a schedule to go along

with this to ensure they will be open for inspections. If they tell the fisherman they must have their boat

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inspected, there should be someone there to inspect them. Ms. Juby said they would be open, even if it was

open with two people per day for seven days a week if it was mandatory. They will make it happen because

it is the goal. Ms. Noel added they will be open seven days a week, which shouldn't be a problem, they also

have two more openings for technicians, they have options into which they are looking.

Councilmember John motioned to approve items a-i, the additions and amendments to the Regulations

Brochure. Councilmember Sampson seconded the motion. Votes were five (5) for and two (2) opposed (Davis,

Dunn) with zero (0) abstentions. MOTION PASSED.

Councilmember Davis opposed it mainly because of item #a, she thinks it should have gone to the Law and

Order Committee to be included in the Law and Order Code to ensure it is enforceable.

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

1. Request for Approval of Inter-Disciplinary Team (IDT) Requests. Donna Noel, NR Director

a. Water Master Request for Tour. Scott Fennema, Water Master Office

Mr. Fennema explained the request is to provide a tour of the Truckee River Basin to some delegates from

the Utah State Legislation. They are interested in seeing how to manage desert terminal lakes and Pyramid

Lake would be a great test case for them. They would like to come onto the Reservation to provide a tour.

The first stop would be Popcorn Beach, which is a great viewing point, but they could also talk about the

river coming into the lake along with the history of the lake. From there they would travel up the river and

talk more about the history and the operating agreement that is currently in place.

Vice Chairman Ely confirmed the Chairman would be willing to accompany the tour and provide more

information.

Councilmember Cortez motioned to approve the Water Master Tour. Councilmember Davis seconded the

motion. Votes were seven (7) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED

b. UNR Request to Tour the Pyramid Fault. Steven Wesnousky, UNR

Ms. Noel explained this would be a group of 50 students and they will be accompanied by a Natural

Resources staff member. There will only be one stop along the range which would provide viewing of the

fault.

Councilmember Decker motioned to approve the UNR Request to Tour the Pyramid Fault. Councilmember

John seconded the motion. Votes were six (6) for and one (1) opposed (Cortez) with zero (0) abstentions.

MOTION PASSED

2. Request for Approval Submission of Golden Mussel Grant with Resolution. Adrienne Juby and Justin

Jackson, AIS

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Mr. Jackson explained they are looking to apply for more grant funding for this new golden mussel that they

keep bring up to the Council. This funding just came out, and they are looking to augment their program

and hire more staff. They worded it mostly toward fishing season because the fisherman are the ones who

do a lot of traveling, coming from California, the places that are high risk, more so than the summer

recreational crowd.

Councilmember Davis motioned to approve submission of the Golden Mussel Grant with Resolution.

Councilmember Sampson seconded the motion. Votes were seven (7) for and zero (0) opposed with zero (0)

abstentions. MOTION PASSED. RESOLUTION NO.: PL 079-25 GOLDEN MUSSEL GRANT

3. Request for Approval of Bureau of Reclamation (BOR) Native American Affairs: Technical

Assistance to Tribes Grant to build a Flood Wall at Numana Dam with Resolution. Donna Noel, NR

Director

Ms. Noel explained this grant is for the new Numana Dam Fish Passage. They went through the bid process

and when they received the bids back, they were $6 million more than their funding from the US Fish and

Wildlife Service (USFWS). The amounts are due to the short turnaround they gave the contractors. They

will be putting out the bid packet again this October to start with the outer water items in July and they can

get in the water November through February 12026. In response to not having enough funding, the cost

analysis for this project was initially done in 2019 and prices have increased. They are going to look

through the elements of the rock ramp grant to see what they can do themselves and take out of the grant.

The grant they are applying for is flood protection of irrigations systems which is exactly what they need

for the flood wall. When they raise the bed of the river, they are gong to need a flood wall from the dam

down to around 1,000 feet to where they started the ramp and bringing the level of the ramp 11 feet so the

fish will swim right over the dam. The cement part is $1 million, and the grant will cover it along with the

sheet pile wall. They will be doing what they can to reduce other costs.

Councilmember Sampson had a correction to the signature line on the resolution.

Councilmember Davis motioned to approve the submission of the BOR Native American Affairs: Technical

Assistance to Tribes Grant to Build a Flood Wall at Numan Dam with resolution. Councilmember Cortez

seconded the motion. Votes were seven (7) for and zero (0) opposed with zero (0) abstentions. MOTION

PASSED. RESOLUTION NO.: PL 080-25 BOR NATIVE AMERICAN AFFAIRS: TECHNICAL ASSISTANCE TO

TRIBES GRANT FLOOD WALL NUMANA DAM

4. Request for Approval to Continue the Monthly Raffle for Watercrafts that are Clean, Drained and

Dry. Adrienne Juby and Justin Jackson, AIS

Mr. Jackson explained they were previously approved for six months from April to September. During this

period, it was mostly recreational users. There are different boats when it comes to recreational users and

the fisherman, along with different behaviors, different arrival times and they are getting people who come

in Clean, Drained and Dry because they have heard about their program and want to win the raffle which is

good for their efforts. It’s a great tool, an incentive rather than punishment. They are asking for a year this

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time, but they are open to another six months again. They do let the people coming through about the

Fisheries Creel raffle which has drawing for an annual fishing permit.

Councilmember Dunn motioned to approve the Request to Continue the Monthly Raffle for Watercrafts that

are Clean, Drained and Dry for one year from October 1, 2025, to September 1, 2026. Councilmember Davis

seconded the motion. Votes were seven (7) for and zero opposed with zero (0) abstentions. MOTION

PASSED.

Councilmember Cortez asked about the numbers. Mr. Jackson said from April 1, 2024, to September 17,

2024, which is a year, they did 625 inspections overall and 228 decontaminations. This year in the same

time frame, April 1, 2025, to September 17, 2025, they've doubled the inspections and doubt the

decontaminations. It was recommended there be more postings to the public before October 1, 2025. Mr.

Jackson said they would like to see that also because the fishermen tend to be more willing to follow the

rules and regulations, the go to different water bodies where they have to learn the rules and regulations of

anew place and are the ones who need less decontaminations overall.

WATER TEAM

3. Kemp Jones. Chris Mixson, Kemp Jones

Mr. Mixson said he did not need an Executive Session at this meeting.

TROA “NAVY WATER’ LITIGATION. Mr. Mixson said they are still working on the conceptual settlement

that the Council approved a year ago. The settlement agreement itself is mostly done, but they have been

dealing with mapping discrepancies in terms of the specific parcels of land that the water rights are

supposed to get retired from, they are still dealing with that. Mr. Richards and he are working on a list of

written questions to the BOR to get more concrete responses to get the mapping sorted out.

CEMEX AREA A SOUTH POND RECLAMATION. The previous month the Council approved the minor lease

area expansion for CEMEX to lay back those pit walls in the south pond. He is working with Robert Cutter to

make a lease amendment so the lease they have now is updated to formalize they have little bit of extra

land. He will work on the language of the lease and Mr. Cutter is working on the maps to attach to the

amendment to clearly show the land. It’s not his intent to bring the amendment back to the Council, the

Chairman can sign it, but he doesn’t think the Council needs to approve it.

TROA JOINT PROGRAM FISH CREDIT WATER. They are close to having a memorandum of agreement

(MOA) to bring to the Council on a Joint Program Fish Credit Water. Reminder, this is to put a sideboard

guideline on the State of California’s management of the Joint Program Fish Credit Water, so they don’t

flush it around the Truckee River Reservoirs and lose it to evaporation. He had a meeting with a lawyer

from the State of California on September 11t» where they sent more red lines to review and they agreed on

final language for the MOA. The lawyer is going to start the process of getting approval and he hopes to

bring it to the Council in November.

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ATRIUM APARTMENTS. His firm is still working on legal research into potential claims. They are working

ona litigation memo to describe and explain the legal claims that may work and may not work. They will

hopefully have that memo ready for the Council by November. Francesca Bergeret, who works in his firm,

will be presenting the memo because she is laboring more in writing it. This presentation will be in

Executive Session. The other part of the Atrium Apartments is the State Administration Action, the Nevada

Division of Environmental Protection (NDEP) has brought enforcement actions against both the City of

Sparks and the owner, the developer of the Atrium Apartments also known as Silver Wing Development

Company. They've had an update meeting with NDEP the previous week. The City of Sparks and Silver

Wing Development Company had a deadline at the end of August to consent to the enforcement action,

which means they agree they violated the Clean Water Act. They will do the things that NDEP says they

have to do to remedy it and then they will work on fines on the back end, after the remedy. Silver Wing is

willing to go down that road; the City of Sparks is apparently going to challenge it. They filed an appeal

which means they go to the State Environmental Commission to have a hearing on whether or not in

NDEP’s enforcement action is proper and legitimate under the Clean Water Act. He hasn’t seen Sparks’

appeal document so he doesn’t know what their grounds are but expects its inspection of the building, but

they will get in once they bring the memo about potential claims. Often, it’s because the city passed

something on the inspection, but it doesn’t mean the city is liable if they should not have passed the

inspection, it’s sovereign immunity principles. The city is saying they didn’t cause this, it wasn’t their fault,

they just missed it during the inspection, and they are not liable for it under the Clean Water Act. It’s clear

NDEP is going to press this, and they are going to aggressively pursue their case before the State

Environmental Commission.

FERNLEY AND DVID STIC 9T# CIRCUIT APPEAL OF TRUCKEE CANAL REPAIR (XM) EIS. On August 27%.

the United States filed their answering brief late that night. They weren’t provided an advance copy of it

because of the Tribe’s close relationship with the United Sates on matters related to the Truckee River and

the Newlands Project. They used to work closely with the Department of Justice (DOJ) and get advanced

copies of things so they could be ready to act as soon as they filed but they don’t get that anymore. Under

the current administration, the DOJ does not share advanced draft copies of briefs with the Tribe anymore,

so he had to wait until they actually filed it and then he read it and prepared a joinder on behalf of the Tribe

that they discussed with the Council. He didn’t provide a copy of the DOJ brief because it’s 70 pages long

but will if anyone wants it. He included a copy of the joinder which talks about the Tribe’s interest in the

Truckee River and interest in reducing diversions into the Newlands project. Fernley filed a request for an

extension to file their reply brief, and they now have until October 20 to file their brief which means this

will not get an oral argument in this calendar year. He expects an oral argument at the beginning of the year

due to the holidays.

RECOUPMENT. This has been quiet for a few years. This is where TCID, back in the 1970-80s, was taking

more water than they were allowed to take. In the 1990’s Settlement Act, the United States was authorized

to file a recoupment case against the Newlands Project and TCID to recoup the water that TCID illegally

diverted. The Tribe joined and TCID owes the Tribe approximately 340,000-acre feet of water. They are

supposed to be repaying equal annual amounts every year over a 20-year period, but they are not doing

that. This is something they will be raising with the judge in the recoupment case that up to now, except for

one-year TCID has only been making repayments to the Tribe when they shut down the canal for some

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Pyramid Lake Paiute Tribal Council

September 17, 2025, Water Team minutes

other reason. Their argument is that when they close the canal for maintenance voluntarily, they try to say

anytime the canal is closed, even during the flood, because the canal was closed and water didn’t get

diverted, it went to Pyramid Lake instead. They tried to say that it was repayment back to the Tribe and

they tried to fight that but the judge did approve them to make repayments when they do voluntary canal

closures for maintenance, planned and voluntary maintenance outages is what the court called it. It was

done in 2023 when they did the XM Canal Lighting Project. Their big hope was because the canal was

substantially going to be closed for a year, they were going to make a huge repayment, possibly repay all

the water they have left to pay. But 2023 ended up being a decent water year so under the applicable

regulations they wouldn’t have been allowed to divert that much water anyway. They filed a request for

payment credit for 2023 for approximately 11,000-acre feet which is small, considering that they were

hoping to repay the entire remaining balance of almost 25,000-acre feet that they still owe. This has started

a new process they will have to go through with the BOR and the Water Masters Office. Scott Fennema, who

briefed earlier, has been deeply involved in the recruitment case and they are in the process of responding

to TCID’s request. This process will take several months.

NORTHERN NEVADA WATER PLANNING COMMISSION. The Council appointed Ms. Noel to be the Tribe’s

representative on the Norther Nevada Water Planning Commission with him as an alternate. He went to the

September 3" meeting where they were doing a workshop on updates on their Regional Water

Management Plan. The Tribe has a similar water management plan which is policies and guidelines for how

to manage water resources. There is a proposal they have heard over the last several years to create what

they call a Water Quality Credit System to allow, like a property developer, to do some sort of project

upstream that creates water quality benefits in the Truckee River and then quantity what those water

quality benefits are from that project, then sell credits to the Water Treatment Plant downstream in Sparks

so they can essentially allow a higher level of contaminated effluent to come back into the river because it’s

supposedly offset by the upstream water quality credits. They have issues with this, as you can imagine but

wanted to flag this for the Council. They will be providing comments on the Northern Nevada Waer

Planning Commission’s Regional Water Management Plan update, and they will also be engaging with the

Nevada Division of Environmental Protection because they will be signing on this program. NDEP will have

questions about the program because there is no way to quantify the water quality benefits of the kind of

projects they are envisioning. They want to develop some kind of computer model they can plug into the

development project, and it will spit out an estimate of the water quality benefits which they will take to

sell credits to TMWF. Anytime a computer model is used it’s hard to verify in the real world.

4, Stetson Engineers Inc. Allan Ricards, Stetson Engineers Inc.

Mr. Richards report covers the month of August 2025.

CEMEX. Their primary work consisted of participating in the construction progress meetings that CEMEX is

having with its contractor Q&D regarding the west wall repair in Pit Lake A. His main interest is when they

will start conveying rock out into the lake which doesn’t look like it will happen until October-November

timeframe. Theya re doing a lot of work grading the road on the north end of the lake so they can go to the

west side and deliver the rock.

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Pyramid Lake Paiute Tribal Council

September 17, 2025, Water Team minutes

They had their regular monthly TROA MOA meetings and TROA scheduling meetings with three relating to

TROA, August 13, 19 and the 28th,

The updated hydrograph average flows at the Truckee River gage at Nixon was about 260 CFS average

during the month of August and the river was flowing about 195 CFS the day of the Water Team meeting

which is well above the fish flow regime target. An updated Pyramid Lake elevation at the end of August,

the lake was 3,803. The lake is still dropping a little, the evaporation is succeeding in the inflow. The lake

will continue to drop to the end of the year. Based on the monthly flows at the Nixon gage from 2015

through the current water year looks like it will be below average ending the water year. A normal water

year, most representative by 2024, is about 420,000-acre feet at the Nixon gage and will be significantly

below that at the end of the current water year.

With the Numana Dam Fish Passage Project, they are working to update the construction plans with the

intention to put it back out to bid in October. There are various elements of that design that they either

modify or remove in the interest of getting lower bids. Some of their work on that project is also needed for

the Fish Screen Project on Indian Ditch which they are looking to get in place and that will reduce the scope

of work for the Fish Passage Project.

Nothing more to add regarding the Atrium Apartments.

Regarding water rights, they are looking at a couple of applications, one application was filed in the Smoke

Creek Desert Basin, then there was a transfer application filed by Ormat, they are looking at those for

potential protest rounds.

They are working on a Water Management Plan for the Lower Truckee River and Pyramid Lake. This work

is being conducted under the NFWF grant that Ms. Noel received. He provided a draft of the plan for the

Council to preview. He intends to have a draft of the plan ready for the October Council meeting for the

Council’s comments. This plan is intended to be a comprehensive document covering most of the important

and relevant information on the Truckee River Management of the Tribe’s Water for the fish and the Lake.

It will be a valuable resource to have and will answer a lot of questions he’s received over the years at

Council meetings.

Councilmember John asked if he was including the agriculture farms and the community water systems.

Mr. Richards said they are mentioning the agriculture systems, all the irrigation ditches on the Reservation,

the allocation maps and all the diversions upriver under the ORR Ditch Decree. They are not covering the

municipal water system, it’s more related to management of water for the fish, the river, and Pyramid Lake.

Councilmember John asked if it includes the tributaries in the mountains to the Lake, part of the surface

water. Mr. Richards said they do cover the Tribe’s water quality data collection but are not sure how

specific it is to the tributaries, but he will look into it.

ADJOURNMENT

With no further business before the Tribal Council, Councilmember Cortez made a motion to adjourn the

meeting. The motion was seconded by Councilmember Decker. Votes taken were all in favor, motion

carried.

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Pyramid Lake Paiute Tribal Council

September 17, 2025, Water Team minutes

The meeting adjourned at 7:51 p.m.

Submitted by,

Medull ome.

BFenda 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 15% day of October 2025, having eight (8) members present,

constituting a quorum, by the vote of six (6) FOR and zero (0) OPPOSED, with one (1) ABSTENTIONS.

Minutes attested and concurred by:

Steven Wadsworth, Tribal Chairman

Pyramid Lake Paiute Tribal Council

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