Assembly Bill No. 412–Assemblyman Brower

March 8, 1999

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Referred to Committee on Natural Resources,
Agriculture and Mining

 

SUMMARY—Revises provisions relating to certain water rights. (BDR S-1278)

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 water rights; revising provisions relating to the acquisition and use of certain water rights; exempting such water rights from certain statutory and common law provisions concerning forfeiture and abandonment; 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 549, Statutes of Nevada 1983, at page 1612, is

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

1-3 section 3, immediately following section 2, to read as follows:

1-4 Sec. 3. Notwithstanding any specific statute to the contrary, a

1-5 water right affecting the Truckee River that is appurtenant to the

1-6 former farmland within the City of Reno, the City of Sparks or

1-7 the unincorporated area within Washoe County is not subject to

1-8 forfeiture pursuant to the provisions of NRS 533.060 or

1-9 abandonment pursuant to common law unless a court of

1-10 competent jurisdiction has rendered a final judgment declaring

1-11 the water right to be forfeited pursuant to NRS 533.060 or

1-12 abandoned pursuant to common law.

1-13 Sec. 2. Section 1 of chapter 549, Statutes of Nevada 1983, at page

1-14 1612, is hereby amended to read as follows:

1-15 Section 1. The legislature finds that:

1-16 1. In Washoe County, two large cities and several thickly

1-17 populated areas not incorporated have been developed upon former

1-18 farmland to which [were] are appurtenant substantial water rights [;

2-1 2. Many of these] affecting the Truckee River;

2-2 2. From approximately 1875 to the present, the City of Reno

2-3 has used surface water from the Truckee River that was supplied

2-4 by Sierra Pacific Power Company and its predecessors as the

2-5 principal source of water for municipal and industrial use;

2-6 3. From approximately 1902 to the present, the City of Sparks

2-7 has used surface water from the Truckee River that was supplied

2-8 by Sierra Pacific Power Company and its predecessors as the

2-9 principal source of water for municipal and industrial use;

2-10 4. As those cities have grown and the former farmland has

2-11 evolved into urban areas, certain additional water rights affecting

2-12 the Truckee River have been acquired and, although some of

2-13 those additional water rights have been changed from irrigation

2-14 use to municipal and industrial use, many of those additional

2-15 water rights have never been [transferred] changed to allow the

2-16 water to be put to use [for] as a public supply of domestic water to

2-17 [these] those urban areas [, and the public interest requires such a

2-18 transfer; and

2-19 3.] ;

2-20 5. The change of such water rights from irrigation use to

2-21 municipal and industrial use is essential to the economies of those

2-22 cities and surrounding unincorporated urban areas and is

2-23 required by the public interest; and

2-24 6. The result is a case not typical of the other counties of the

2-25 state, to which a general law cannot be made applicable.

2-26 Sec. 3. Section 2 of chapter 549, Statutes of Nevada 1983, at page

2-27 1612, is hereby amended to read as follows:

2-28 Sec. 2. 1. The City of Reno with respect to its territory, the

2-29 City of Sparks with respect to its territory, and Washoe County

2-30 with respect to its unincorporated area shall each acquire by

2-31 purchase or the exercise of its power of eminent domain the water

2-32 rights appurtenant to land which is now receiving water and is

2-33 within the area served by Sierra Pacific Power Company as the

2-34 public supplier of water. The City of Reno, the City of Sparks,

2-35 Washoe County and Sierra Pacific Power Company shall develop

2-36 programs, which must be approved by the public service

2-37 commission of Nevada before acquisition, whereby Sierra Pacific

2-38 Power Company shall provide appropriate technical assistance in

2-39 this acquisition and shall provide money needed for the acquisition.

2-40 The county and each city shall contract with Sierra Pacific Power

2-41 Company for the use of the acquired water rights which [were] are

2-42 appurtenant respectively to land within each city and the county

3-1 within the unincorporated area to serve approved projects within

3-2 those areas respectively.

3-3 2. The provisions of this section are not intended to prevent

3-4 and must not be construed as preventing Sierra Pacific Power

3-5 Company or any other person or entity from acquiring, by

3-6 purchase or any other means, water rights affecting the Truckee

3-7 River which are appurtenant to the former farmland within the

3-8 City of Reno, the City of Sparks or the unincorporated area

3-9 within Washoe County.

3-10 Sec. 4. This act becomes effective upon passage and approval.

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