Assembly Bill No. 347–Committee on Government Affairs

(On Behalf of Clark County)

March 1, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes to statutory provisions relating to Southern Nevada Water Authority. (BDR S-279)

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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the Southern Nevada Water Authority; authorizing the Southern Nevada Water Authority, under specified circumstances, to increase certain fees; authorizing the Southern Nevada Water Authority to assist certain property owners to connect their property to a public water system; authorizing the Southern Nevada Water Authority to operate a project for the recharge and recovery or underground storage and recovery of water; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 572, Statutes of Nevada 1997, at page 2799, is

1-2 hereby amended by adding thereto new sections to be designated as

1-3 sections 14.3 and 14.5, immediately following section 14, to read

1-4 respectively as follows:

1-5 Sec. 14.3. 1. The Southern Nevada Water Authority may,

1-6 in consultation with the advisory committee, establish a program

1-7 under which it may enter into an agreement with an owner of real

1-8 property located in the basin to:

1-9 (a) Abandon or plug a well located on the real property;

1-10 (b) Install pipes and other appurtenances to deliver water to

1-11 the real property; and

1-12 (c) Pay fees related to the connection of the property to a

1-13 public water system.

2-1 2. An agreement entered into pursuant to subsection 1 must:

2-2 (a) Provide for the repayment, over time, to the Southern

2-3 Nevada Water Authority by the owner of the real property all

2-4 money expended by the Southern Nevada Water Authority

2-5 pursuant to the agreement;

2-6 (b) Provide that all money to be repaid to the Southern Nevada

2-7 Water Authority pursuant to the agreement be due and payable

2-8 upon the sale or other transfer of the real property;

2-9 (c) Be secured by a lien upon the real property; and

2-10 (d) Be acknowledged and recorded in the same manner as

2-11 conveyances affecting real property are required to be

2-12 acknowledged and recorded pursuant to chapter 111 of NRS.

2-13 3. An abandonment or plugging of a well pursuant to an

2-14 agreement entered into pursuant to subsection 1 must be

2-15 conducted in a manner approved by the State Engineer.

2-16 4. As used in this section, "public water system" has the

2-17 meaning ascribed to it in NRS 445A.840.

2-18 Sec. 14.5. The Southern Nevada Water Authority may, in

2-19 consultation with the advisory committee, operate a project for the

2-20 recharge and recovery or underground storage and recovery of

2-21 water pursuant to chapter 534 of NRS for the benefit of owners of

2-22 wells in the basin.

2-23 Sec. 2. Section 1 of chapter 572, Statutes of Nevada 1997, at page

2-24 2799, is hereby amended to read as follows:

2-25 Section 1. As used in sections 2 to 16, inclusive, and sections

2-26 14.3 and 14.5 of this act, unless the context otherwise requires, the

2-27 words and terms defined in sections 2 to 6, inclusive, of this act

2-28 have the meanings ascribed to them in those sections.

2-29 Sec. 3. Section 13 of chapter 572, Statutes of Nevada 1997, at page

2-30 2802, is hereby amended to read as follows:

2-31 Sec. 13. 1. The Southern Nevada Water Authority may

2-32 establish and collect each calendar year a fee to be assessed on

2-33 users of ground water in the basin. Money raised from the fees must

2-34 be used as provided in section 14 of this act.

2-35 2. Except as otherwise provided in this section:

2-36 (a) Users of ground water, other than owners of domestic wells,

2-37 may be assessed a fee each calendar year of not more than [$10]

2-38 $13 per acre-foot, or its equivalent, of ground water in the basin to

2-39 which they have a water right in that year.

2-40 (b) Owners of domestic wells may be assessed a flat fee each

2-41 calendar year of not more than [$10.] $13.

3-1 3. Except as otherwise provided in subsections 4 and 5, if the

3-2 Southern Nevada Water Authority operates a project for the

3-3 recharge and recovery or underground storage and recovery of

3-4 water pursuant to section 14.5 of this act:

3-5 (a) Users of ground water, other than owners of domestic

3-6 wells, may be assessed a fee each calendar year of not more than

3-7 $30 per acre-foot, or its equivalent, of ground water in the basin

3-8 to which they have a water right in that year.

3-9 (b) Owners of domestic wells may be assessed a flat fee each

3-10 calendar year of not more than $30.

3-11 4. The maximum fees specified in [subsection] subsections 2

3-12 and 3 may be adjusted once each year for inflation. The maximum

3-13 amount of the adjustment must be determined by multiplying the

3-14 respective amounts of the fees by the percentage of inflation, if any.

3-15 The Consumer Price Index published by the United States

3-16 Department of Labor for July preceding the year for which the

3-17 adjustment is made must be used in determining the percentage of

3-18 inflation.

3-19 [4.] 5. The maximum fees may be increased by an amount

3-20 [which] that is greater than the amount of the adjustment for

3-21 inflation as calculated pursuant to subsection [3] 4 only if [:

3-22 (a) A majority of all of the voting members of the advisory

3-23 committee recommends the change;

3-24 (b) The board of directors approves the recommendation; and

3-25 (c) The] the increase is approved by the Legislature.

3-26 [5.] 6. As used in this section, "water right" means the legal

3-27 right to use water that has been appropriated pursuant to chapters

3-28 533 and 534 of NRS by means of application, permit, certificate,

3-29 decree or claim of vested right.

3-30 Sec. 4. Section 14 of chapter 572, Statutes of Nevada 1997, at page

3-31 2802, is hereby amended to read as follows:

3-32 Sec. 14. Money collected pursuant to section 13 of this act

3-33 must be used to:

3-34 1. Develop and distribute information promoting education and

3-35 the conservation of ground water in the basin.

3-36 2. Perform such comprehensive inventories of wells of all types

3-37 located within the basin as may be needed. Such inventories must

3-38 be done in conjunction with the State Engineer.

3-39 3. Prepare, for use by the advisory committee, such cost-benefit

3-40 analyses relating to the recharge and recovery or underground

3-41 storage and recovery of [the ground] water in the basin as may be

3-42 needed.

4-1 4. Develop recommendations for additional activities for the

4-2 management of the basin and the protection of the aquifer in which

4-3 the basin is located [.] , and to conduct such activities if the

4-4 activities have been approved by the board of directors.

4-5 5. Develop and implement a program to provide financial

4-6 assistance to owners of real property served by:

4-7 (a) Domestic wells; or

4-8 (b) Wells that are operated pursuant to temporary permits,

4-9 in existence before October 1, 1999, who are required by the state

4-10 engineer to connect the real property to a public water system.

4-11 6. Perform such other duties as are necessary for the Southern

4-12 Nevada Water Authority and the advisory committee to carry out

4-13 the provisions of this act . [related to the management program.]

4-14 Sec. 5. Section 20 of chapter 572, Statutes of Nevada 1997, at page

4-15 2803, is hereby amended to read as follows:

4-16 Sec. 20. [1.] This act becomes effective upon passage and

4-17 approval.

4-18 [2. If the Advisory Committee for the Management of Ground

4-19 Water in the Las Vegas Valley Ground Water Basin pursuant to

4-20 section 18 of this act includes in the joint report to the 70th session

4-21 of the Nevada Legislature the advisory committee’s

4-22 recommendation that the management program be terminated, this

4-23 act expires by limitation 90 days after the date on which the report

4-24 is submitted to the Director of the Legislative Counsel Bureau

4-25 pursuant to section 12 of this act.]

4-26 Sec. 6. Section 18 of chapter 572, Statutes of Nevada 1997, at page

4-27 2803, is hereby repealed.

4-28 Sec. 7. The amendatory provisions of subsection 3 of section 13 of

4-29 chapter 572, Statutes of Nevada 1997, as amended by this act, do not apply

4-30 to a state agency in the Las Vegas Valley Ground Water Basin until July 1,

4-31 2001.

4-32 Sec. 8. This act becomes effective upon passage and approval.

 

4-33 TEXT OF REPEALED SECTION

 

4-34 Section 18 of chapter 572, Statutes of Nevada 1997:

4-35 Sec. 18. If, on or before December 31, 1998, the Advisory

4-36 Committee for the Management of Ground Water in the Las Vegas

4-37 Valley Ground Water Basin determines by majority vote of all of

4-38 the voting members of the advisory committee that the program for

4-39 the management of ground water in the Las Vegas Valley Ground

5-1 Water Basin established by the Southern Nevada Water Authority is

5-2 not working as intended, the advisory committee shall include in the

5-3 joint report submitted to the 70th session of the Nevada Legislature

5-4 the advisory committee’s recommendation that the management

5-5 program be terminated.

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