TONOPAH -- Nye County commissioners could rescind an ordinance requiring the donation of water rights in Amargosa, Ralston and Big Smoky Valley.

County Commissioner Peter LIakopoulos said he checked with the Legislative Counsel Bureau, which advises the Nevada legislature on legal matters, and was told if the county wanted to impose the restriction on those valleys, it would have to be imposed countywide.

"The LCB feels at this time to come up with an ordinance that isn't countywide would not be an ordinance that is enforceable. If you were going to do it in one water basin in the county, you would have to do it in all water basins in the county, barring what we're doing in Pahrump with a regional planning commission," Liakopoulos said at the Oct. 9 meeting.

County commissioners amended Nye County's code Sept. 4 to require the donation of two acre feet of water rights to the state engineer's office for new parcels created that are under 4.5 gross acres.

The state engineer designated the Ralston Valley, Big Smoky Valley and Amargosa Valley as over-appropriated, meaning the amount of designated water rights exceeds the perennial yield.

Commissioner Joni Eastley, however, raised a technical point, saying the commission would first have to vote on setting a date, time and location to hold a public hearing on rescinding the ordinance, which must be taken in the county seat, before it can actually vote on it.

The next county commission meeting in Tonopah is Nov. 6; the public hearing on rescinding the ordinance would be held at a later date.

Commissioners aren't holding a second regularly scheduled meeting in November. That means people parceling up lots in those valleys will have to abide by the restrictions, which take effect Nov. 5, or wait to see if the ordinance is rescinded.

Liakopoulos said it wouldn't be fair to residents of those valleys to require donating water rights upon parceling and not make the same demand upon the other residents. The state engineer's office was especially concerned about Amargosa Valley, where there has been rapid parceling of lots, similar to what happened in the Pahrump Valley in the 1970s.

County commissioners can expect to hear some input on the matter when they hold their Tuesday meeting in Amargosa Valley, at the invitation of the Amargosa Valley Town Board.

Liakpoulos also asked that any water rights that are retired be retired to Nye County instead of the state engineer's office. There was discussion by County Manager Ron Williams Sept. 4 about whether Nye County can properly manage the water rights it has.

Amargosa Valley Town Board Chairwoman Jan Cameron thanked Liakopoulos for bringing the issue back up for discussion.

"I would suggest when you address this at the end, you would have the water rights revert to Nye County to be held in trust for the community," Cameron said.

Commissioners wanted to impose their own parceling requirements for water rights ahead of the implementation of Senate Bill 275, which takes effect Jan. 1. That would allow the state engineer's office to decide the requirements.

State Deputy Water Engineer Bob Coache traveled from Las Vegas to Tonopah for the Sept. 4 meeting, to express support for the parceling, stating Amargosa Valley had 18,000 more acre feet of water rights than it receives in its perennial yield.

Real estate broker John Buchanon however said buying one acre foot of water rights would add $5,000 to the cost of lots in Amargosa Valley at today's prices. Cameron said the ordinance could severely limit growth.

Real estate agent Michael DeLee urged commissioners to let the state engineer's office implement SB 275, or explain if the state is planning tougher requirements.

Coache said if commissioners passed their own ordinance requiring the donation of water rights the state engineer's office would probably not enact its own restrictions on those valleys.