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
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, is1-2
hereby amended by adding thereto a new section to be designated as1-3
section 3, immediately following section 2, to read as follows: Sec. 3. Notwithstanding any specific statute to the contrary, a1-5
water right affecting the Truckee River that is appurtenant to the1-6
former farmland within the City of Reno, the City of Sparks or1-7
the unincorporated area within Washoe County is not subject to1-8
forfeiture pursuant to the provisions of NRS 533.060 or1-9
abandonment pursuant to common law unless a court of1-10
competent jurisdiction has rendered a final judgment declaring1-11
the water right to be forfeited pursuant to NRS 533.060 or1-12
abandoned pursuant to common law.1-13
Sec. 2. Section 1 of chapter 549, Statutes of Nevada 1983, at page1-14
1612, is hereby amended to read as follows: Section 1. The legislature finds that:1-16
1. In Washoe County, two large cities and several thickly1-17
populated areas not incorporated have been developed upon former1-18
farmland to which2-1
2-2
2. From approximately 1875 to the present, the City of Reno2-3
has used surface water from the Truckee River that was supplied2-4
by Sierra Pacific Power Company and its predecessors as the2-5
principal source of water for municipal and industrial use;2-6
3. From approximately 1902 to the present, the City of Sparks2-7
has used surface water from the Truckee River that was supplied2-8
by Sierra Pacific Power Company and its predecessors as the2-9
principal source of water for municipal and industrial use;2-10
4. As those cities have grown and the former farmland has2-11
evolved into urban areas, certain additional water rights affecting2-12
the Truckee River have been acquired and, although some of2-13
those additional water rights have been changed from irrigation2-14
use to municipal and industrial use, many of those additional2-15
water rights have never been2-16
water to be put to use [2-17
2-18
2-19
2-20
5. The change of such water rights from irrigation use to2-21
municipal and industrial use is essential to the economies of those2-22
cities and surrounding unincorporated urban areas and is2-23
required by the public interest; and2-24
6. The result is a case not typical of the other counties of the2-25
state, to which a general law cannot be made applicable.2-26
Sec. 3. Section 2 of chapter 549, Statutes of Nevada 1983, at page2-27
1612, is hereby amended to read as follows: Sec. 2. 1. The City of Reno with respect to its territory, the2-29
City of Sparks with respect to its territory, and Washoe County2-30
with respect to its unincorporated area shall each acquire by2-31
purchase or the exercise of its power of eminent domain the water2-32
rights appurtenant to land which is now receiving water and is2-33
within the area served by Sierra Pacific Power Company as the2-34
public supplier of water. The City of Reno, the City of Sparks,2-35
Washoe County and Sierra Pacific Power Company shall develop2-36
programs, which must be approved by the public service2-37
commission of Nevada before acquisition, whereby Sierra Pacific2-38
Power Company shall provide appropriate technical assistance in2-39
this acquisition and shall provide money needed for the acquisition.2-40
The county and each city shall contract with Sierra Pacific Power2-41
Company for the use of the acquired water rights which2-42
appurtenant respectively to land within each city and the county3-1
within the unincorporated area to serve approved projects within3-2
those areas respectively.3-3
2. The provisions of this section are not intended to prevent3-4
and must not be construed as preventing Sierra Pacific Power3-5
Company or any other person or entity from acquiring, by3-6
purchase or any other means, water rights affecting the Truckee3-7
River which are appurtenant to the former farmland within the3-8
City of Reno, the City of Sparks or the unincorporated area3-9
within Washoe County.3-10
Sec. 4. This act becomes effective upon passage and approval.~