Assembly Bill No. 96–Committee on Government Affairs

(On Behalf of Washoe County)

February 4, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Revises certain provisions governing projects for recharge and recovery or underground storage and recovery of water. (BDR 48-565)

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 certain provisions governing projects for the recharge and recovery or underground storage and recovery of water; providing a civil penalty; 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 534.0155 is hereby amended to read as follows:

1-2 534.0155 "Storage account" means an account established pursuant to

1-3 NRS 534.300 for a project for recharge and recovery or underground

1-4 storage and recovery [.] of water.

1-5 Sec. 2. NRS 534.290 is hereby amended to read as follows:

1-6 534.290 1. A permit for a recovery well must comply with the

1-7 requirements of this chapter and chapter 533 of NRS.

1-8 2. The holder of a permit for a project may recover the volume of

1-9 water recharged or stored pursuant to the permit only from wells

1-10 designated by the holder and approved by the state engineer, located within

1-11 the area of hydrologic effect of the project as determined by the state

1-12 engineer.

1-13 3. The person entitled to recover the water must be designated by the

1-14 holder of the permit and approved by the state engineer.

1-15 4. The holder of a permit for a project and a permit for a recovery well

1-16 may use or exchange water recovered pursuant to those permits only in the

2-1 manner in which it was permissible for him to use that water before it was

2-2 recharged or stored.

2-3 Sec. 3. NRS 534.300 is hereby amended to read as follows:

2-4 534.300 1. The state engineer shall establish a storage account for

2-5 each project for which he has issued a permit. If the project recharges or

2-6 stores water from more than one source, he shall establish subaccounts for

2-7 each source of water.

2-8 2. The holder of a permit for a project may recover only the

2-9 recoverable amount of the volume of water that is recharged or stored by

2-10 the project.

2-11 3. For the purposes of this section, "recoverable amount" means the

2-12 amount of water, as determined by the state engineer, that has reached the

2-13 aquifer and remains within the area of active management.

2-14 Sec. 4. NRS 534.330 is hereby amended to read as follows:

2-15 534.330 1. A person who is determined pursuant to NRS 534.320 to

2-16 be in violation of this chapter or a permit issued or regulation adopted

2-17 pursuant to this chapter may be assessed a civil penalty in an amount not

2-18 exceeding:

2-19 (a) One hundred dollars per day of violation not directly related to

2-20 illegal recovery or use of recharged or stored water; or

2-21 (b) Ten thousand dollars per day of violation directly related to illegal

2-22 recovery or use of recharged or stored water.

2-23 2. An action to recover penalties pursuant to this section must be

2-24 brought by the state engineer in the district court in the county in which the

2-25 violation occurred.

2-26 Sec. 5. This act becomes effective on July 1, 1999.

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