PROCEDURES AND POLICY FOR THE RESOLUTION OF DISPUTES REGARDING
THE BENCH/BOTTOM DESIGNATION OF LANDS WITHIN THE NEWLANDS PROJECT
In 1994, the U.S. District Court approved the Bureau of Reclamation’s Initial Bench and Bottom Land Criteria established to designate the appropriate water duties for the lands in the Newlands Water
Project in Churchill and Lyon Counties, Nevada. Water users have appeal rights under this designation
process.
In consultation with the Federal Watemaster’s Office, the Natural Resources Conservation Service (NRCS) {formerly the Soil Conservation Service) and the Bureau of Reclamation have cooperatively developed the following procedures and policy. The procedures and policy establish the methods that can be used by Newlands Project landowners requesting reconsideration of Bench/Bottom designations before the Federal Watermaster.
Procedures for appealing Bench/Bottom designations are described for; Administrative Changes where, initially lands were inappropriately designated, Non Administrative Changes where the landowner can provide physical evidence that the existing designation is incorrect, and changes where the landowner can provide evidence that crop yields have been affected because of the existing change to the designation. Criteria Used to Determine Initial Bench and Bottom Land Designations
Criteria Used to Determine Initial
Bench and Bottom Land Designations
Designations of bench or bottom land are dependent on two criteria: (1) the available water-holding capacity in the top 5 feet of the soil profile (AWHC5), and (2) the seasonal high water table {SHWT). The values for AWHC5 and SHWT used for the initial bench/bottom map are those reported in the NRCS Soil Survey (except in those cases where on-site monitoring has provided more specific information). If the average AWHC5 for the soil in a piece- of land or field that is eligible to receive Newlands Project irrigation water is equal to or greater than 8 inches, then the field is bottom land.. if the average depth to the SHWT is equal to or less than 5 feet, then the field is bottom land. If the average AWHC5 for the soils in a field or piece of land is less than 8 inches and the average depth to the SHWT is greater than 5 feet, then the field is bench land. Procedure for Administrative Changes to Existing Bench/Bottom Land · Designations. Administrative appeals can be made when there has been an error found in the designations contained in the Initial Bench and Bottom Land Map designations or when NRCS’ updated and refined soils information supports the change. The landowner should submit the request for administrative change, along with supporting documentation to:
This User Guide aids in the cataloging of methods and procedures associated with the designations, and the technical process and procedures related to those appeals, This User Guide was prepared by the USDA Natural Resources Conservation Service (NRCS) in May, 2020 to compile and document the various methods and procedures used by the NRCS and/or cooperating technical partners such as the Lahontan Conservation District when asked to assist with the designation of agricultural lands in the Newlands Project area as bench or bottom. The land designations OF “BENCH” OR “BOTTOM” are the sole province of the USDC and the responsible technical agency (U.S. Bureau of Reclamation). How these designations are set is based on specific documented guidance of the USDC and US-BOR, except where otherwise specified.