Humboldt County's water quality, particularly the quality of well water in the Grass Valley area, is a concern for residents and Humboldt County commissioners.
Alan Tinney, chief of NDEP's Bureau of Water Pollution Control, attended the commissioners' retreat Jan. 27 to discuss NDEP water quality maps of the Grass Valley area and options for addressing water quality issues.
Tinney showed maps depicting several areas in Grass Valley showing high nitrate levels. Of the contaminants present in the tested water, nitrates caused the greatest health concern and Tinney said a high concentration of septic tanks was likely responsible for the high nitrate levels.
Commissioners asked Tinney for direction on how the county could protect water quality without running afoul of the rights of private property owners to develop their property.
There is no easy answer, according to Tinney, either for areas where contamination is already an issue, or for areas trending that direction.
Tinney did say NDEP could present its well-head protection program.
"We bring in a field of experts to make a presentation to you," Tinney said. "Then after the presentation you can decide whether you want us to come in and work with you."
NDEP waits for an invitation from area officials and residents interested in doing something about water quality issues, Tinney said, because "If we don't get buy-in from the water developers, it won't work."
French pointed to mapped areas of Grass Valley with twice the concentration of nitrates and four times the density of septic tanks allowed by law.
Although many homes and Grass Valley Elementary School are located in the high-nitrate areas, those areas are served by the Gold County Water System, which meets state drinking water standards, so residents on that water system are not at risk.
Many of the lots in the areas of concern were created decades ago, said senior planning technician Betty Lawrence. "A lot of people don't have to come before the planning commission; they've already parceled years ago and if we say 'you can't build a home and put in a septic tank', we get taken to court."
Tinney said it's a problem all over the state and across the country in rural areas. "Anyone putting in a subdivision comes before NDEP for review, which includes evaluation of septic density and water quality." However parceling doesn't come with the same state-review requirements.
Commissioner Marlene Brissenden said Lyon County is aggressively dealing with the water issues and asked, "Can we learn anything from them?"
Tinney said Nye County has asked NDEP to come in with the well-head protection program. He suggested commissioners might approach counties where the program has been presented and ask them how well it worked.
"We all recognize there are potential issues, and we're all looking for a magic way to deal with it," said County Administrator Bill Deist. "We can come up with some alternatives (to discourage additional septic tanks) but we'd better have legal review to make sure we're not going to get challenged on everything we do."
District Attorney Mike Macdonald confirmed the county could be declared in violation of private property law for efforts to stop development without the proper foundation.
Brissenden wondered if implementing a water ordinance was part of the solution.
"What authority would we even have to pass an ordinance?" asked Macdonald. "You have to look at what you're trying to include in an ordinance to see if we have the authority."
Tinney, along with other NDEP officials and staff were present at a water workshop held at the convention center Oct. 17. At that time, Tinney said Humboldt County has a good amount of data gathered from long-term water testing.
Tinney said NDEP is gathering data throughout the whole state to develop a comprehensive database as a starting point for discussions on water quality.
"We do have regulations on the books that if contamination is identified, we have the ability to come and work with local authorities to look at a plan for decreasing septic nitrate loading," said Tinney.
According to NDEP's Bureau of Water Pollution Control, participation in Nevada's well-head protection program is voluntary. Although the state doesn't have the authority to require plan development, it can offer assistance to communities in wellhead protection activities.[[In-content Ad]]
