Assembly Bill No. 575–Assemblymen Humke, Tiffany, Bache, Mortenson, Lee, Gibbons, Segerblom and Williams
March 15, 1999
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Referred to Committee on Government Affairs
SUMMARY—Revises provisions governing issuance of credits to certain public water systems for addition of new customers. (BDR 48-909)
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:
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Section 1. NRS 534.350 is hereby amended to read as follows: 534.350 1. The state engineer shall adopt regulations establishing a1-3
program that allows a public water system to receive credits, as provided in1-4
this section, for the addition of new customers to the system. The program1-5
must be limited to public water systems in areas:1-6
(a) Designated as ground water basins by the state engineer pursuant to1-7
the provisions of NRS 534.030; and1-8
(b) In which the state engineer has denied one or more applications for1-9
any municipal uses of ground water.1-10
2. Before the state engineer adopts any regulations pursuant to this1-11
section regarding any particular ground water basin, he shall hold a public1-12
hearing:1-13
(a) Within the basin to which the regulations will apply if adequate1-14
facilities to hold a hearing are available within that basin; or1-15
(b) In all other cases, within the county where the major portion of that1-16
basin lies,1-17
to take testimony from any interested persons regarding the proposed1-18
regulations.2-1
3. Upon adoption of the regulations required by this section regarding2-2
a particular ground water basin, a public water system which provides2-3
service in that basin is entitled to receive a credit for each customer who is2-4
added to the system after the adoption of those regulations and:2-5
(a) Voluntarily ceases to draw water from a domestic well located2-6
within that basin; or2-7
(b) Is the owner of a lot or other parcel of land, other than land used or2-8
intended solely for use as a location for a water well, which:2-9
(1) Is located within that basin;2-10
(2) Was established as a separate lot or parcel before July 1, 1993;2-11
(3) Was approved by a local governing body or planning commission2-12
for service by an individual domestic well before July 1, 1993; and2-13
(4) Is subject to a written agreement which was voluntarily entered2-14
into by the owner with the public water system pursuant to which the2-15
owner agrees not to drill a domestic well on the land and the public water2-16
system agrees that it will provide water service to the land. Any such2-17
agreement must be acknowledged and recorded in the same manner as2-18
conveyances affecting real property are required to be acknowledged and2-19
recorded pursuant to chapter 111 of NRS.2-20
4. The state engineer may require a new customer, who voluntarily2-21
ceases to draw water from a domestic well as provided in paragraph (a) of2-22
subsection 3, to plug that well.2-23
5. A credit granted pursuant to this section:2-24
(a) Must be sufficient to enable the public water system to add one2-25
service connection to the system for a customer whose use of water is2-26
equivalent to that of a single-family dwelling ,2-27
the credit may not exceed the increase in water consumption attributable to2-28
the additional service connection or 1,800 gallons per day, whichever is2-29
less.2-30
(b) May be combined with one or more other credits granted pursuant2-31
to this section. The combined credits must be put to a beneficial use only2-32
within the area served by the public water system.2-33
(c) May not be converted to an appropriative water right.2-34
6. This section does not:2-35
(a) Require a public water system to extend its service area.2-36
(b) Authorize any increase in the total amount of ground water pumped2-37
in a ground water basin.2-38
(c) Affect any rights of an owner of a domestic well who does not2-39
voluntarily bring himself within the provisions of this section.3-1
7. As used in this section:3-2
(a) "Domestic well" means a well used for culinary and household3-3
purposes in a single-family dwelling, including the watering of a garden,3-4
lawn and domestic animals and where the draught does not exceed 1,8003-5
gallons per day.3-6
(b) "Public water system" has the meaning ascribed to it in NRS3-7
445A.840.~