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
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. Chapter 572, Statutes of Nevada 1997, at page 2799, is1-2
hereby amended by adding thereto new sections to be designated as1-3
sections 14.3 and 14.5, immediately following section 14, to read1-4
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 program1-7
under which it may enter into an agreement with an owner of real1-8
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 to1-11
the real property; and1-12
(c) Pay fees related to the connection of the property to a1-13
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 Southern2-3
Nevada Water Authority by the owner of the real property all2-4
money expended by the Southern Nevada Water Authority2-5
pursuant to the agreement;2-6
(b) Provide that all money to be repaid to the Southern Nevada2-7
Water Authority pursuant to the agreement be due and payable2-8
upon the sale or other transfer of the real property;2-9
(c) Be secured by a lien upon the real property; and2-10
(d) Be acknowledged and recorded in the same manner as2-11
conveyances affecting real property are required to be2-12
acknowledged and recorded pursuant to chapter 111 of NRS.2-13
3. An abandonment or plugging of a well pursuant to an2-14
agreement entered into pursuant to subsection 1 must be2-15
conducted in a manner approved by the State Engineer.2-16
4. As used in this section, "public water system" has the2-17
meaning ascribed to it in NRS 445A.840.2-18
Sec. 14.5. The Southern Nevada Water Authority may, in2-19
consultation with the advisory committee, operate a project for the2-20
recharge and recovery or underground storage and recovery of2-21
water pursuant to chapter 534 of NRS for the benefit of owners of2-22
wells in the basin.2-23
Sec. 2. Section 1 of chapter 572, Statutes of Nevada 1997, at page2-24
2799, is hereby amended to read as follows: Section 1. As used in sections 2 to 16, inclusive, and sections2-26
14.3 and 14.5 of this act, unless the context otherwise requires, the2-27
words and terms defined in sections 2 to 6, inclusive, of this act2-28
have the meanings ascribed to them in those sections.2-29
Sec. 3. Section 13 of chapter 572, Statutes of Nevada 1997, at page2-30
2802, is hereby amended to read as follows: Sec. 13. 1. The Southern Nevada Water Authority may2-32
establish and collect each calendar year a fee to be assessed on2-33
users of ground water in the basin. Money raised from the fees must2-34
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 than2-38
$13 per acre-foot, or its equivalent, of ground water in the basin to2-39
which they have a water right in that year.2-40
(b) Owners of domestic wells may be assessed a flat fee each2-41
calendar year of not more than3-1
3. Except as otherwise provided in subsections 4 and 5, if the3-2
Southern Nevada Water Authority operates a project for the3-3
recharge and recovery or underground storage and recovery of3-4
water pursuant to section 14.5 of this act:3-5
(a) Users of ground water, other than owners of domestic3-6
wells, may be assessed a fee each calendar year of not more than3-7
$30 per acre-foot, or its equivalent, of ground water in the basin3-8
to which they have a water right in that year.3-9
(b) Owners of domestic wells may be assessed a flat fee each3-10
calendar year of not more than $30.3-11
4. The maximum fees specified in3-12
and 3 may be adjusted once each year for inflation. The maximum3-13
amount of the adjustment must be determined by multiplying the3-14
respective amounts of the fees by the percentage of inflation, if any.3-15
The Consumer Price Index published by the United States3-16
Department of Labor for July preceding the year for which the3-17
adjustment is made must be used in determining the percentage of3-18
inflation.3-19
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inflation as calculated pursuant to subsection3-22
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right to use water that has been appropriated pursuant to chapters3-28
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 page3-31
2802, is hereby amended to read as follows: Sec. 14. Money collected pursuant to section 13 of this act3-33
must be used to:3-34
1. Develop and distribute information promoting education and3-35
the conservation of ground water in the basin.3-36
2. Perform such comprehensive inventories of wells of all types3-37
located within the basin as may be needed. Such inventories must3-38
be done in conjunction with the State Engineer.3-39
3. Prepare, for use by the advisory committee, such cost-benefit3-40
analyses relating to the recharge and recovery or underground3-41
storage and recovery of3-42
needed.4-1
4. Develop recommendations for additional activities for the4-2
management of the basin and the protection of the aquifer in which4-3
the basin is located4-4
activities have been approved by the board of directors.4-5
5. Develop and implement a program to provide financial4-6
assistance to owners of real property served by:4-7
(a) Domestic wells; or4-8
(b) Wells that are operated pursuant to temporary permits,4-9
in existence before October 1, 1999, who are required by the state4-10
engineer to connect the real property to a public water system.4-11
6. Perform such other duties as are necessary for the Southern4-12
Nevada Water Authority and the advisory committee to carry out4-13
the provisions of this act .4-14
Sec. 5. Section 20 of chapter 572, Statutes of Nevada 1997, at page4-15
2803, is hereby amended to read as follows: Sec. 20.4-17
approval.4-18
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Sec. 6. Section 18 of chapter 572, Statutes of Nevada 1997, at page4-27
2803, is hereby repealed.4-28
Sec. 7. The amendatory provisions of subsection 3 of section 13 of4-29
chapter 572, Statutes of Nevada 1997, as amended by this act, do not apply4-30
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.
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TEXT OF REPEALED SECTION
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Section 18 of chapter 572, Statutes of Nevada 1997: Sec. 18. If, on or before December 31, 1998, the Advisory4-36
Committee for the Management of Ground Water in the Las Vegas4-37
Valley Ground Water Basin determines by majority vote of all of4-38
the voting members of the advisory committee that the program for4-39
the management of ground water in the Las Vegas Valley Ground5-1
Water Basin established by the Southern Nevada Water Authority is5-2
not working as intended, the advisory committee shall include in the5-3
joint report submitted to the 70th session of the Nevada Legislature5-4
the advisory committee’s recommendation that the management5-5
program be terminated.~