AB408

Assembly Bill No. 408–Committee on Government Affairs

March 5, 1999

____________

Referred to Committee on Government Affairs

SUMMARY—Revises provisions relating to appropriation of water. (BDR 48-1541)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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 water; requiring the state engineer to have just cause to revoke certain permits for the appropriation of water; revising provisions that authorize the state engineer to deny applications for the appropriation of water under certain circumstances; 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. NRS 534.120 is hereby amended to read as follows:

1-2 534.120 1. Within an area that has been designated by the state

1-3 engineer, as provided for in this chapter where, in his judgment, the ground

1-4 water basin is being depleted, the state engineer in his administrative

1-5 capacity is herewith empowered to make such rules, regulations and orders

1-6 as are deemed essential for the welfare of the area involved.

1-7 2. In the interest of public welfare, the state engineer is authorized and

1-8 directed to designate preferred uses of water within the respective areas so

1-9 designated by him and from which the ground water is being depleted, and

1-10 in acting on applications to appropriate ground water he may designate

1-11 such preferred uses in different categories with respect to the particular

1-12 areas involved within the following limits: Domestic, municipal,

1-13 quasi-municipal, industrial, irrigation, mining and stock-watering uses and

1-14 any uses for which a county, city, town, public water district or public

1-15 water company furnishes the water.

1-16 3. The state engineer may:

1-17 (a) Issue temporary permits to appropriate ground water which can be

1-18 limited as to time and which may be revoked for just cause if and when

1-19 water can be furnished by an entity such as a water district or a

2-1 municipality presently engaged in furnishing water to the inhabitants

2-2 thereof.

2-3 (b) Deny applications to appropriate ground water for any [~~purpose]~~ use

2-4 in areas served by such an entity.

2-5 (c) Limit depth of domestic wells.

2-6 (d) Prohibit the drilling of wells for domestic use, as defined in NRS

2-7 534.0175 and 534.180, in areas where water can be furnished by an entity

2-8 such as a water district or a municipality presently engaged in furnishing

2-9 water to the inhabitants thereof.

2-10 4. For good and sufficient reasons the state engineer may exempt the

2-11 provisions of this section with respect to public housing authorities.

2-12 Sec. 2. This act becomes effective on July 1, 1999.