Assembly Bill No. 133–Committee on Natural Resources, Agriculture and Mining
(On Behalf of Humboldt River Basin Water Authority)
February 4, 1999
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Referred to Committee on Natural Resources, Agriculture and Mining
SUMMARY—Limits circumstances under which person may apply for permit to appropriate water for wildlife purposes or for benefit of environment. (BDR 48-523)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 533.330 is hereby amended to read as follows: 533.3301-3
apply for a permit to appropriate water:1-4
1. From more than one source to be used for more than one purpose ,1-5
1-6
other use named1-7
2. For wildlife purposes unless the person:1-8
(a) Owns the wildlife habitat; or1-9
(b) If the person is an agency of this state or the United States, is1-10
authorized to manage the wildlife,1-11
for which the water is proposed to be used beneficially by that person or1-12
agency; or1-13
3. Except as otherwise provided in NRS 533.437 to 533.4377,1-14
inclusive, for the benefit of the environment.2-1
Sec. 2. NRS 533.370 is hereby amended to read as follows: 533.370 1. Except as otherwise provided in this section and NRS2-3
533.330, 533.345, 533.371, 533.372 and 533.503 ,2-4
state engineer shall approve an application submitted in proper form which2-5
contemplates the application of water to beneficial use if:2-6
(a) The application is accompanied by the prescribed fees;2-7
(b) The proposed use or change, if within an irrigation district, does not2-8
adversely affect the cost of water for other holders of water rights in the2-9
district or lessen the2-10
use of water; and2-11
(c) The applicant provides proof satisfactory to the state engineer of:2-12
(1) His intention in good faith to construct any work necessary to2-13
apply the water to the intended beneficial use with reasonable diligence;2-14
and2-15
(2) His financial ability and reasonable expectation actually to2-16
construct the work and apply the water to the intended beneficial use with2-17
reasonable diligence.2-18
2. Except as otherwise provided in subsection 5, the state engineer2-19
shall2-20
date for filing a protest. However:2-21
(a) Action2-22
authorization to do so by the applicant or,2-23
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the applicant; and2-25
(b) In areas where studies of water supplies are being made or where2-26
court actions are pending, the state engineer may withhold action until it is2-27
determined there is unappropriated water or the court action becomes final.2-28
3. Except as otherwise provided in subsection 5,2-29
unappropriated water in the proposed source of supply, or2-30
proposed use or change conflicts with existing rights, or threatens to prove2-31
detrimental to the public interest, the state engineer shall reject the2-32
application and refuse to issue the requested permit.2-33
application for a similar use of water within the same basin has been2-34
rejected on2-35
without publication.2-36
4. If a hearing is held regarding an application, the decision of the state2-37
engineer must be in writing and include findings of fact, conclusions of2-38
law and a statement of the underlying facts supporting the findings of fact.2-39
The written decision may take the form of a transcription of an oral ruling.2-40
The rejection or approval of an application must be endorsed on a copy of2-41
the original application, and a record made of the endorsement in the2-42
records of the state engineer. The copy of the application so endorsed must2-43
be returned to the applicant. Except as otherwise provided in subsection 6,3-1
if the application is approved, the applicant may, on receipt thereof,3-2
proceed with the construction of the necessary works and take3-3
steps required to apply the water to beneficial use and to perfect the3-4
proposed appropriation. If the application is rejected , the applicant may3-5
take no steps toward the prosecution of the proposed work or the diversion3-6
and use of the public water3-7
5. The provisions of subsections 1, 2 and 3 do not apply to an3-8
application for an environmental permit.3-9
6. The provisions of subsection 4 do not authorize the recipient of an3-10
approved application to use any state land administered by the division of3-11
state lands of the state department of conservation and natural resources3-12
without the appropriate authorization for3-13
land registrar.3-14
Sec. 3. The amendatory provisions of this act do not apply to a permit3-15
to appropriate water for a purpose specified in subsection 2 or 3 of NRS3-16
533.330 which is issued before July 1, 1999.3-17
Sec. 4. This act becomes effective on July 1, 1999.~