Assembly Bill No. 97–Committee on Government Affairs
(On Behalf of Douglas County)
February 4, 1999
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Referred to Committee on Government Affairs
SUMMARY—Expands circumstances under which public water system may receive credit for adding owners of certain parcels of land to system. (BDR 48-590)
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; or2-1
(b) In all other cases, within the county where the major portion of that2-2
basin lies,2-3
to take testimony from any interested persons regarding the proposed2-4
regulations.2-5
3. Upon adoption of the regulations required by this section regarding2-6
a particular ground water basin, a public water system which provides2-7
service in that basin is entitled to receive a credit for each customer who is2-8
added to the system after the adoption of those regulations and:2-9
(a) Voluntarily ceases to draw water from a domestic well located2-10
within that basin; or2-11
(b) Is the owner of a lot or other parcel of land, other than land used or2-12
intended solely for use as a location for a water well, which2-13
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(1) Located within that basin;2-15
(2)2-16
2-17
commission for service by an individual domestic well2-18
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(3) Subject to a written agreement which was voluntarily entered into2-21
by the owner with the public water system pursuant to which the owner2-22
agrees not to drill a domestic well on the land and the public water system2-23
agrees that it will provide water service to the land. Any such agreement2-24
must be acknowledged and recorded in the same manner as conveyances2-25
affecting real property are required to be acknowledged and recorded2-26
pursuant to chapter 111 of NRS.2-27
4. The state engineer may require a new customer, who voluntarily2-28
ceases to draw water from a domestic well as provided in paragraph (a) of2-29
subsection 3, to plug that well.2-30
5. A credit granted pursuant to this section:2-31
(a) Must be sufficient to enable the public water system to add one2-32
service connection for a single-family dwelling to the system, except that2-33
the credit may not exceed the increase in water consumption attributable to2-34
the additional service connection or 1,800 gallons per day, whichever is2-35
less.2-36
(b) May not be converted to an appropriative water right.2-37
6. This section does not:2-38
(a) Require a public water system to extend its service area.2-39
(b) Authorize any increase in the total amount of ground water pumped2-40
in a ground water basin.2-41
(c) Affect any rights of an owner of a domestic well who does not2-42
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.~