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 [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; revising the provisions governing the issuance of credits to certain public water systems for the addition of new customers to the systems; 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 534.350 is hereby amended to read as follows:

1-2 534.350 1. The state engineer shall adopt regulations establishing a

1-3 program that allows a public water system to receive credits, as provided in

1-4 this section, for the addition of new customers to the system. The program

1-5 must be limited to public water systems in areas:

1-6 (a) Designated as ground water basins by the state engineer pursuant to

1-7 the provisions of NRS 534.030; and

1-8 (b) In which the state engineer has denied one or more applications for

1-9 any municipal uses of ground water.

1-10 2. Before the state engineer adopts any regulations pursuant to this

1-11 section regarding any particular ground water basin, he shall hold a public

1-12 hearing:

1-13 (a) Within the basin to which the regulations will apply if adequate

1-14 facilities to hold a hearing are available within that basin; or

1-15 (b) In all other cases, within the county where the major portion of that

1-16 basin lies,

1-17 to take testimony from any interested persons regarding the proposed

1-18 regulations.

2-1 3. Upon adoption of the regulations required by this section regarding

2-2 a particular ground water basin, a public water system which provides

2-3 service in that basin is entitled to receive a credit for each customer who is

2-4 added to the system after the adoption of those regulations and:

2-5 (a) Voluntarily ceases to draw water from a domestic well located

2-6 within that basin; or

2-7 (b) Is the owner of a lot or other parcel of land, other than land used or

2-8 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 commission

2-12 for service by an individual domestic well before July 1, 1993; and

2-13 (4) Is subject to a written agreement which was voluntarily entered

2-14 into by the owner with the public water system pursuant to which the

2-15 owner agrees not to drill a domestic well on the land and the public water

2-16 system agrees that it will provide water service to the land. Any such

2-17 agreement must be acknowledged and recorded in the same manner as

2-18 conveyances affecting real property are required to be acknowledged and

2-19 recorded pursuant to chapter 111 of NRS.

2-20 4. The state engineer may require a new customer, who voluntarily

2-21 ceases to draw water from a domestic well as provided in paragraph (a) of

2-22 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 one

2-25 service connection to the system for a customer whose use of water is

2-26 equivalent to that of a single-family dwelling , [to the system,] except that

2-27 the credit may not exceed the increase in water consumption attributable to

2-28 the additional service connection or 1,800 gallons per day, whichever is

2-29 less.

2-30 (b) May be combined with one or more other credits granted pursuant

2-31 to this section. The combined credits must be put to a beneficial use only

2-32 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 pumped

2-37 in a ground water basin.

2-38 (c) Affect any rights of an owner of a domestic well who does not

2-39 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 household

3-3 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 1,800

3-5 gallons per day.

3-6 (b) "Public water system" has the meaning ascribed to it in NRS

3-7 445A.840.

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