1. Assembly Bill No. 408–Committee on Government Affairs

CHAPTER........

AN ACT relating to water; establishing the circumstances under which certain temporary

permits for the appropriation of ground water may be revoked; restricting the

authority of the state engineer to limit the depth of or prohibit the repair of certain

wells; requiring the state engineer to file certain notices with the county recorder;

revising the method for calculating the fee charged to a user of water for the

beautification of the City of North Las Vegas; requiring the legislative committee on

public lands to conduct a study of water wells; and providing other matters properly

relating thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 534 of NRS is hereby amended by adding thereto a

new section to read as follows:

If the state engineer issues a temporary permit pursuant to NRS

534.120 or if a well for domestic use is drilled in an area in which he has

issued such a temporary permit, he shall file a notice with the county

recorder of the county in which the permit is issued or the well is drilled.

The notice must include a statement indicating that, if and when water

can be furnished by an entity such as a water district or a municipality

engaged in furnishing water to the inhabitants of the designated area:

1. A temporary permit may be revoked;

2. The owner of a domestic well may be prohibited from deepening

or repairing the well; and

3. The owner of the property served by the well may be required to

connect to this water source at his own expense.

Sec. 2. NRS 534.120 is hereby amended to read as follows:

  1. 534.120 1. Within an area that has been designated by the state
  1. engineer, as provided for in this chapter where, in his judgment, the ground
  1. water basin is being depleted, the state engineer in his administrative
  1. capacity is herewith empowered to make such rules, regulations and orders
  1. as are deemed essential for the welfare of the area involved.
  1. 2. In the interest of public welfare, the state engineer is authorized and
  1. directed to designate preferred uses of water within the respective areas so
  1. designated by him and from which the ground water is being depleted, and
  1. in acting on applications to appropriate ground water he may designate
  1. such preferred uses in different categories with respect to the particular
  1. areas involved within the following limits: Domestic, municipal,
  1. quasi-municipal, industrial, irrigation, mining and stock-watering uses and
  1. any uses for which a county, city, town, public water district or public
  1. water company furnishes the water.
  1. 3. [The] Except as otherwise provided in subsection 5, the state
  1. engineer may:
  2. (a) Issue temporary permits to appropriate ground water which can be
  1. limited as to time and which may , except as limited by subsection 4, be
  1. revoked if and when water can be furnished by an entity such as a water
  1. district or a municipality presently engaged in furnishing water to the
  1. inhabitants thereof.
  1. (b) Deny applications to appropriate ground water for any [purpose] use
  1. in areas served by such an entity.
  1. (c) Limit the depth of domestic wells.
  1. (d) Prohibit the drilling of wells for domestic use, as defined in NRS
  1. 534.013 and 534.0175 , [and 534.180,] in areas where water can be
  1. furnished by an entity such as a water district or a municipality presently
  1. engaged in furnishing water to the inhabitants thereof.

4. The state engineer may revoke a temporary permit issued pursuant

to subsection 3 for residential use, and require a person to whom ground

water was appropriated pursuant to the permit to obtain water from an

entity such as a water district or a municipality engaged in furnishing

water to the inhabitants of the designated area, only if:

(a) The distance from the property line of any parcel served by a well

pursuant to a temporary permit to the pipes and other appurtenances of

the proposed source of water to which the property will be connected is

not more than 180 feet;

(b) The well providing water pursuant to the temporary permit needs

to be redrilled or have repairs made which require the use of a well-

drilling rig; and

(c) The holder of the permit will be offered financial assistance to pay

not more than 85 percent, as determined by the entity providing the

financial assistance, of the cost of the local and regional connection fees

and capital improvements necessary for making the connection to the

proposed source of water.

In a basin that has a water authority that has a ground water

management program, the state engineer shall not revoke the temporary

permit unless the water authority abandons and plugs the well and pays

the costs related thereto. If there is not a water authority in the basin that

has a ground water management program, the person shall abandon and

plug his well in accordance with the rules of the state engineer.

5. The state engineer may, in an area in which he has issued

temporary permits pursuant to subsection 3, limit the depth of a domestic

well pursuant to paragraph (c) of subsection 3 or prohibit repairs from

being made to a well, and may require the person proposing to deepen or

repair the well to obtain water from an entity such as a water district or a

municipality engaged in furnishing water to the inhabitants of the

designated area, only if:

(a) The distance from the property line of any parcel served by the

well to the pipes and other appurtenances of the proposed source of water

to which the property will be connected is not more than 180 feet;

(b) The deepening or repair of the well would require the use of a

well-drilling rig; and

(c) The person proposing to deepen or repair the well will be offered

financial assistance to pay not more than 85 percent, as determined by

the entity providing the financial assistance, of the cost of the local and

regional connection fees and capital improvements necessary for making

the connection to the proposed source of water.

In a basin that has a water authority that has a ground water

management program, the state engineer shall not prohibit the

deepening or repair of a well unless the water authority abandons and

plugs the well and pays the costs related thereto. If there is not a water

authority in the basin that has a ground water management program, the

person shall abandon and plug his well in accordance with the rules of

the state engineer.

  1. 6. For good and sufficient reasons the state engineer may exempt the
  1. provisions of this section with respect to public housing authorities.

Sec. 3. Section 2.280 of the charter of the City of North Las Vegas,

being chapter 573, Statutes of Nevada 1971, as last amended by chapter

565, Statutes of Nevada 1997, at page 2758, is hereby amended to read as

follows:

  1. Sec. 2.280 Powers of city council: Provision of utilities.
  1. 1. Except as otherwise provided in subsection 3 and section
  1. 2.285, the city council may:
  1. (a) Provide, by contract, franchise and public enterprise, for any
  1. utility to be furnished to the city for residents located [either] within
  1. or without the city.
  1. (b) Provide for the construction and maintenance of any facilities
  1. necessary for the provision of all such utilities.
  1. (c) Prescribe, revise and collect rates, fees, tolls and charges for
  1. the services, facilities or commodities furnished by any municipally
  1. operated or municipally owned utility or undertaking.
  1. Notwithstanding any provision of this charter to the contrary or in
  1. conflict herewith, no rates, fees, tolls or charges for the services,
  1. facilities or commodities furnished by any municipally operated or
  1. municipally owned utility or undertaking may be prescribed,
  1. revised, amended or altered, increased or decreased, without this
  1. procedure first being followed:
  1. (1) There must be filed with the city clerk schedules of rates,
  1. fees, tolls or charges which must be open to public inspection,
  1. showing all rates, fees, tolls or charges which the city has
  1. established and which are in force at the time for any service
  1. performed or product furnished in connection therewith by any
  1. utility controlled and operated by the city.
  1. (2) No changes may be made in any schedule so filed with the
  1. city clerk except upon 30 days’ notice to the inhabitants of the city
  1. and a public hearing held thereon. Notice of the proposed change or
  2. changes must be given by at least two publications in a newspaper
  1. published in the city during the 30-day period before the hearing
  1. thereon.
  1. (3) At the time set for the hearing on the proposed change, any
  1. person may appear and be heard and offer any evidence in support
  1. of or against the proposed change.
  1. (4) Every utility operated by the city shall furnish reasonably
  1. adequate service and facilities, and the charges made for any service
  1. rendered or to be rendered, or for any service in connection
  1. therewith or incidental thereto, must be just and reasonable.
  1. (d) Provide, by ordinance, for an additional charge to each
  1. business customer and for each housing unit within the city to
  1. which water is provided by a utility of up to 25 cents per month. If
  1. such a charge is provided for, the city council shall, by ordinance,
  1. provide for the expenditure of that money for any purpose relating
  1. to the beautification of the city.
  1. 2. Any charges due for services, facilities or commodities
  1. furnished by the city or by any utility operated by the city pursuant
  1. to this section is a lien upon the property to which the service is
  1. rendered and must be perfected by filing with the county recorder of
  1. Clark County of a statement by the city clerk stating the amount due
  1. and unpaid and describing the property subject to the lien. Each
  1. such lien must:
  1. (a) Be coequal with the latest lien thereon to secure the payment
  1. of general taxes.
  1. (b) Not be subject to extinguishment by the sale of any property
  1. on account of the nonpayment of general taxes.
  1. (c) Be prior and superior to all liens, claims, encumbrances and
  1. titles other than the liens of assessments and general taxes.
  1. 3. The city council:
  1. (a) Shall not sell telecommunications service to the general
  1. public.
  1. (b) May purchase or construct facilities for providing
  1. telecommunications that intersect with public rights of way if the
  1. governing body:
  1. (1) Conducts a study to evaluate the costs and benefits
  1. associated with purchasing or constructing the facilities; and
  1. (2) Determines from the results of the study that the purchase
  1. or construction is in the interest of the general public.
  1. 4. Any information relating to the study conducted pursuant to
  1. subsection 3 must be maintained by the city clerk and made
  1. available for public inspection during the business hours of the
  1. office of the city clerk.
  1. 5. Notwithstanding the provisions of paragraph (a) of
  1. subsection 3, an airport may sell telecommunications service to the
  1. general public.
  2. 6. As used in this section:
  1. (a) "Housing unit" means a:
  1. (1) Single-family dwelling;
  1. (2) Townhouse, condominium or cooperative apartment;
  1. (3) Unit in a multiple-family dwelling or apartment
  1. complex; or
  1. (4) Mobile home.
  1. (b) "Telecommunications" has the meaning ascribed to it in 47
  1. U.S.C. § 153(43), as that section existed on July 16, 1997.

[(b)] (c) "Telecommunications service" has the meaning

ascribed to it in 47 U.S.C. § 153(46), as that section existed on
July 16, 1997.

Sec. 4. The legislative committee on public lands shall conduct a study

of issues related to residential, municipal and quasi-municipal water wells

in the State of Nevada and report its findings and recommendations to the

71st session of the Nevada legislature. The legislative commission shall

appoint two additional senators and two additional assemblymen to the

legislative committee on public lands for the purposes of this study. The

chairman of the legislative committee on public lands shall appoint a

technical advisory committee to assist in conducting the study with

representation from urban and rural areas, well owners, suppliers of

municipal water, holders of water rights, and ratepayers.

Sec. 5. 1. This section and sections 2 and 4 of this act become

effective on July 1, 1999.

2. Sections 1 and 3 of this act become effective on October 1, 1999.

3. Section 2 of this act expires by limitation on July 1, 2005.

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