Amendment No. 638

Assembly Amendment to Assembly Bill No. 380 First Reprint (BDR 48-971)

Proposed by: Assemblywoman de Braga

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend sec. 2, page 2, by deleting lines 23 through 28 and inserting:

"4. For the purposes of this section, a surface water right acquired by a water user in a federal reclamation project may be considered appurtenant to an entire farm, instead of specifically identifiable land within that farm, upon the granting of a permit for the change of place of use by the state engineer which designates the place of use as the entire farm. The quantity of water available for use on that farm must not exceed the total amount determined by applicable decrees as designated in the permit granted by the state engineer.

5. As used in this section, "farm" means a tract of land under the same ownership that is primarily used for agricultural purposes.".

Amend sec. 3, page 3, by deleting lines 6 through 26 and inserting:

"3. No] Rights to the use of surface water shall not be deemed to be lost or otherwise forfeited for the failure to use the water therefrom for a beneficial purpose.

3. A surface water right that is appurtenant to land formerly used primarily for agricultural purposes is not subject to a determination of abandonment if the surface water right:

(a) Is appurtenant to land that has been converted to urban use; or

(b) Has been dedicated to or acquired by a water purveyor, public utility or public body for municipal use.

4. In a determination of whether a right to use surface water has been abandoned, a presumption that the right to use the surface water has not been abandoned is created upon the submission of records, photographs, receipts, contracts, affidavits or any other proof of the occurrence of any of the following events or actions within a 10-year period immediately preceding any claim that the right to use the water has been abandoned:

(a) The delivery of water;

(b) The payment of any costs of maintenance and other operational costs incurred in delivering the water;

(c) The payment of any costs for capital improvements, including works of diversion and irrigation; or

(d) The actual performance of maintenance related to the delivery of the water.".

Amend sec. 3, page 3, line 27, by deleting "3." and inserting "5.".

Amend sec. 3, page 3, line 34, by deleting "4." and inserting "[4.] 6.".

Amend the bill as a whole by renumbering sec. 4 as sec. 6 and adding new sections designated sections 4 and 5, following sec. 3, to read as follows:

"Sec. 4. 1. The legislature hereby finds and declares that a general law cannot be made applicable to the purposes, objects, powers, rights, privileges, liabilities and duties provided in this section because of the number of atypical factors and special conditions relating thereto.

2. The Newlands Project Water Rights Fund is hereby established to be administered by the Carson Water Subconservancy District. The money in the fund may only be used for the support of the program established pursuant to subsection 3. The District may accept gifts and grants for deposit in the Fund and shall make every effort to secure money for the Fund from:

(a) The Federal Government;

(b) The State of Nevada;

(c) Sierra Pacific Power Company or its affiliates;

(d) Carson Water Subconservancy District;

(e) Carson-Truckee Water Conservancy District; and

(f) Any other interested parties.

3. The Carson Water Subconservancy District shall establish a program for the acquisition of surface water rights to assist in the resolution of legal and administrative challenges in existence on April 1, 1999, regarding water rights for the Newlands Reclamation Project. The District shall:

(a) Adopt criteria for the administration of the program, including, without limitation, criteria to determine the fair market value of the water rights to be acquired;

(b) Acquire surface water rights appurtenant to not more than 6,500 acres of land in the Newlands Reclamation Project at an amount not to exceed the fair market value of the water rights;

(c) Acquire these water rights only from willing sellers with the execution of a suitable binding contract for sale in which the seller acknowledges that, upon completion of the sale:

(1) His right to the water sold is retired and deemed abandoned; and

(2) He waives any right to claim further compensation for the water rights so acquired by the District;

(d) Retain reasonable fees for the administration of the program; and

(e) Complete an annual report on the program and make it available for public review.

Sec. 5. The amendatory provisions of sections 1, 2 and 3 of this act:

1. Do not apply to water rights that are under challenge in any legal or administrative proceeding which is pending on or before April 1, 1999; and

2. Do not constitute a legislative declaration that the law to be applied in any such pending proceeding is different from or the same as set forth in this act.".

Amend sec. 4, page 3, by deleting line 41 and inserting:

"Sec. 6. 1. This act becomes effective upon passage and approval.

2. Section 4 of this act expires by limitation on July 1, 2004.".

Amend the title of the bill to read as follows:

"AN ACT relating to water; revising the provisions establishing the priority of certain water rights; providing that certain evidence may be considered to show whether a water right has been abandoned; declaring that certain water rights are not subject to a determination of abandonment; clarifying the circumstances under which water becomes appurtenant to land; providing that certain surface water rights are not subject to forfeiture for failure to use water pursuant to that right within a certain period; establishing the Newlands Project Water Rights Fund and a related program for the acquisition of certain surface water rights; and providing other matters properly relating thereto.".