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).

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

1-2 new section to read as follows:

1-3 If the state engineer issues a temporary permit pursuant to NRS

1-4 534.120 or if a well for domestic use is drilled in an area in which he has

1-5 issued such a temporary permit, he shall file a notice with the county

1-6 recorder of the county in which the permit is issued or the well is drilled.

1-7 The notice must include a statement indicating that, if and when water

1-8 can be furnished by an entity such as a water district or a municipality

1-9 engaged in furnishing water to the inhabitants of the designated area:

1-10 1. A temporary permit may be revoked;

1-11 2. The owner of a domestic well may be prohibited from deepening

1-12 or repairing the well; and

1-13 3. The owner of the property served by the well may be required to

1-14 connect to this water source at his own expense.

2-1 Sec. 2. NRS 534.120 is hereby amended to read as follows:

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

2-43 not more than 85 percent, as determined by the entity providing the

3-1 financial assistance, of the cost of the local and regional connection fees

3-2 and capital improvements necessary for making the connection to the

3-3 proposed source of water.

3-4 In a basin that has a water authority that has a ground water

3-5 management program, the state engineer shall not revoke the temporary

3-6 permit unless the water authority abandons and plugs the well and pays

3-7 the costs related thereto. If there is not a water authority in the basin that

3-8 has a ground water management program, the person shall abandon and

3-9 plug his well in accordance with the rules of the state engineer.

3-10 5. The state engineer may, in an area in which he has issued

3-11 temporary permits pursuant to subsection 3, limit the depth of a domestic

3-12 well pursuant to paragraph (c) of subsection 3 or prohibit repairs from

3-13 being made to a well, and may require the person proposing to deepen or

3-14 repair the well to obtain water from an entity such as a water district or a

3-15 municipality engaged in furnishing water to the inhabitants of the

3-16 designated area, only if:

3-17 (a) The distance from the property line of any parcel served by the

3-18 well to the pipes and other appurtenances of the proposed source of water

3-19 to which the property will be connected is not more than 180 feet;

3-20 (b) The deepening or repair of the well would require the use of a

3-21 well-drilling rig; and

3-22 (c) The person proposing to deepen or repair the well will be offered

3-23 financial assistance to pay not more than 85 percent, as determined by

3-24 the entity providing the financial assistance, of the cost of the local and

3-25 regional connection fees and capital improvements necessary for making

3-26 the connection to the proposed source of water.

3-27 In a basin that has a water authority that has a ground water

3-28 management program, the state engineer shall not prohibit the

3-29 deepening or repair of a well unless the water authority abandons and

3-30 plugs the well and pays the costs related thereto. If there is not a water

3-31 authority in the basin that has a ground water management program, the

3-32 person shall abandon and plug his well in accordance with the rules of

3-33 the state engineer.

3-34 6. For good and sufficient reasons the state engineer may exempt the

3-35 provisions of this section with respect to public housing authorities.

3-36 Sec. 3. Section 2.280 of the charter of the City of North Las Vegas,

3-37 being chapter 573, Statutes of Nevada 1971, as last amended by chapter

3-38 565, Statutes of Nevada 1997, at page 2758, is hereby amended to read as

3-39 follows:

3-40 Sec. 2.280 Powers of city council: Provision of utilities.

3-41 1. Except as otherwise provided in subsection 3 and section

3-42 2.285, the city council may:

4-1 (a) Provide, by contract, franchise and public enterprise, for any

4-2 utility to be furnished to the city for residents located [either] within

4-3 or without the city.

4-4 (b) Provide for the construction and maintenance of any facilities

4-5 necessary for the provision of all such utilities.

4-6 (c) Prescribe, revise and collect rates, fees, tolls and charges for

4-7 the services, facilities or commodities furnished by any municipally

4-8 operated or municipally owned utility or undertaking.

4-9 Notwithstanding any provision of this charter to the contrary or in

4-10 conflict herewith, no rates, fees, tolls or charges for the services,

4-11 facilities or commodities furnished by any municipally operated or

4-12 municipally owned utility or undertaking may be prescribed,

4-13 revised, amended or altered, increased or decreased, without this

4-14 procedure first being followed:

4-15 (1) There must be filed with the city clerk schedules of rates,

4-16 fees, tolls or charges which must be open to public inspection,

4-17 showing all rates, fees, tolls or charges which the city has

4-18 established and which are in force at the time for any service

4-19 performed or product furnished in connection therewith by any

4-20 utility controlled and operated by the city.

4-21 (2) No changes may be made in any schedule so filed with the

4-22 city clerk except upon 30 days’ notice to the inhabitants of the city

4-23 and a public hearing held thereon. Notice of the proposed change or

4-24 changes must be given by at least two publications in a newspaper

4-25 published in the city during the 30-day period before the hearing

4-26 thereon.

4-27 (3) At the time set for the hearing on the proposed change, any

4-28 person may appear and be heard and offer any evidence in support

4-29 of or against the proposed change.

4-30 (4) Every utility operated by the city shall furnish reasonably

4-31 adequate service and facilities, and the charges made for any service

4-32 rendered or to be rendered, or for any service in connection

4-33 therewith or incidental thereto, must be just and reasonable.

4-34 (d) Provide, by ordinance, for an additional charge to each

4-35 business customer and for each housing unit within the city to

4-36 which water is provided by a utility of up to 25 cents per month. If

4-37 such a charge is provided for, the city council shall, by ordinance,

4-38 provide for the expenditure of that money for any purpose relating

4-39 to the beautification of the city.

4-40 2. Any charges due for services, facilities or commodities

4-41 furnished by the city or by any utility operated by the city pursuant

4-42 to this section is a lien upon the property to which the service is

4-43 rendered and must be perfected by filing with the county recorder of

5-1 Clark County of a statement by the city clerk stating the amount due

5-2 and unpaid and describing the property subject to the lien. Each

5-3 such lien must:

5-4 (a) Be coequal with the latest lien thereon to secure the payment

5-5 of general taxes.

5-6 (b) Not be subject to extinguishment by the sale of any property

5-7 on account of the nonpayment of general taxes.

5-8 (c) Be prior and superior to all liens, claims, encumbrances and

5-9 titles other than the liens of assessments and general taxes.

5-10 3. The city council:

5-11 (a) Shall not sell telecommunications service to the general

5-12 public.

5-13 (b) May purchase or construct facilities for providing

5-14 telecommunications that intersect with public rights of way if the

5-15 governing body:

5-16 (1) Conducts a study to evaluate the costs and benefits

5-17 associated with purchasing or constructing the facilities; and

5-18 (2) Determines from the results of the study that the purchase

5-19 or construction is in the interest of the general public.

5-20 4. Any information relating to the study conducted pursuant to

5-21 subsection 3 must be maintained by the city clerk and made

5-22 available for public inspection during the business hours of the

5-23 office of the city clerk.

5-24 5. Notwithstanding the provisions of paragraph (a) of

5-25 subsection 3, an airport may sell telecommunications service to the

5-26 general public.

5-27 6. As used in this section:

5-28 (a) "Housing unit" means a:

5-29 (1) Single-family dwelling;

5-30 (2) Townhouse, condominium or cooperative apartment;

5-31 (3) Unit in a multiple-family dwelling or apartment

5-32 complex; or

5-33 (4) Mobile home.

5-34 (b) "Telecommunications" has the meaning ascribed to it in 47

5-35 U.S.C. § 153(43), as that section existed on July 16, 1997.

5-36 [(b)] (c) "Telecommunications service" has the meaning

5-37 ascribed to it in 47 U.S.C. § 153(46), as that section existed on
5-38 July 16, 1997.

5-39 Sec. 4. The legislative committee on public lands shall conduct a study

5-40 of issues related to residential, municipal and quasi-municipal water wells

5-41 in the State of Nevada and report its findings and recommendations to the

5-42 71st session of the Nevada legislature. The legislative commission shall

5-43 appoint two additional senators and two additional assemblymen to the

6-1 legislative committee on public lands for the purposes of this study. The

6-2 chairman of the legislative committee on public lands shall appoint a

6-3 technical advisory committee to assist in conducting the study with

6-4 representation from urban and rural areas, well owners, suppliers of

6-5 municipal water, holders of water rights, and ratepayers.

6-6 Sec. 5. 1. This section and sections 2 and 4 of this act become

6-7 effective on July 1, 1999.

6-8 2. Sections 1 and 3 of this act become effective on October 1, 1999.

6-9 3. Section 2 of this act expires by limitation on July 1, 2005.