Amendment No. 471

Senate Amendment to Senate Bill No. 526 (BDR 48-1601)

Proposed by: Committee on Natural Resources

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 the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:

"Section 1. NRS 540.041 is hereby amended to read as follows:

540.041 1. The administrator:

(a) Must be selected with special reference to his training, experience, capability and interest in the field of water resource planning.

(b) Except as otherwise provided in NRS 284.143, shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

(c) Shall coordinate the activities of the division.

2. The administrator is responsible for the administration of all provisions of law relating to the functions of the division.

3. The administrator may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of his duties.

4. The administrator shall, not later than the fifth calendar day of each regular session of the legislature, submit to the director of the legislative counsel bureau for distribution to the legislature a written report summarizing the actions of the division taken pursuant to the provisions of NRS 540.051 and 540.101 during the preceding biennium.".

Amend section 1, page 1, line 2, by deleting "for the" and inserting:

"to provide guidance and coordination for the development, management, conservation and".

Amend section 1, pages 1 and 2, by deleting lines 12 through 15 on page 1 and lines 1 through 5 on page 2, and inserting:

"areas and the quality of life in the affected areas.

4. The provisions of the plan developed pursuant to subsection 1 must not be construed to supersede, replace, amend or add to the law of the State of Nevada.

5. A state or local governmental agency:

(a) Shall consider the plan developed pursuant to subsection 1 when developing or implementing its mission, programs, plans and responsibilities regarding water resources; and

(b) Is not bound by a recommendation or provision of the plan developed pursuant to subsection 1 unless it formally adopts the recommendation or provision.

6. The division shall submit to the legislature for its review and consideration:".

Amend section 1, page 2, by deleting lines 11 through 14 and inserting:

"implemented.]".

Amend section 1, page 2, line 15, by deleting "5." and inserting "[5.] 7.".

Amend the bill as a whole by renumbering sec. 2 as sec. 5 and adding new sections designated sections 3 and 4, following section 1, to read as follows:

"Sec. 3. NRS 540.111 is hereby amended to read as follows:

540.111 1. The advisory board on water resources planning and development, consisting of 15 members appointed by the governor, is hereby created within the division.

2. The governor shall appoint to the advisory board:

(a) Six members who are representatives of the governing bodies of the county with the largest population in the state and the cities in that county;

(b) One member who is a representative of the largest water utility in the county with the largest population in the state;

(c) Two members who are representatives of the county with the second largest population in the state and the cities in that county;

(d) One member who is a representative of the largest water utility in the county with the second largest population in the state;

(e) One member who is representative of the general public; and

(f) Four members, each of whom represents a different one of the following interests:

(1) Farming;

(2) Mining;

(3) Ranching; and

(4) Wildlife.

The governor shall make the appointments required by this subsection so that at least seven members of the advisory board are residents of the county with the largest population in the state, at least three members are residents of the county with the second largest population in the state and at least three members are residents of a county whose population is less than 100,000.

3. The members of the advisory board serve at the pleasure of the governor.

4. All vacancies on the advisory board must be filled in the same manner of appointment as the member who created the vacancy.

5. The members of the advisory board are entitled to receive a salary of $60 for each day’s attendance at a meeting of the advisory board and the travel and subsistence allowances provided by law for state officers and employees generally.

6. The advisory board shall, at its first meeting and annually thereafter, elect a chairman from among its members.

7. The advisory board may meet at least once in each calendar quarter and at other times upon the call of the chairman or a majority of the members.

8. A majority of the members of the advisory board constitutes a quorum. A quorum may exercise all of the powers and duties of the advisory board.

9. The advisory board shall:

(a) Advise the administrator on matters relating to the planning and development of water resources;

(b) Be informed on and interested in the administrative duties of the division and any legislation recommended by the division;

(c) Advise and make recommendations through the division and the state department of conservation and natural resources to the governor and the legislature concerning policies for water planning and the development of water resources in this state;

(d) Advise the administrator concerning the policies of the division and areas of emphasis for the planning of water resources; and

(e) Review, and provide written recommendations to the division regarding, the plan [for the use of water resources] developed pursuant to NRS 540.101.

Sec. 4. The administrator of the division of water planning of the state department of conservation and natural resources shall report to the legislative commission on or before July 1, 1999, January 1, 2000, and July 1, 2000, regarding the actions of the division taken pursuant to NRS 540.101.".

Amend the title of the bill to read as follows:

"AN ACT relating to water resources; revising the provisions regarding the plan relating to water resources developed by the division of water planning of the state department of conservation and natural resources; requiring governmental agencies to consider the plan when developing and implementing policies relating to water resources; requiring the administrator of the division to submit a written report to the legislature; requiring the administrator to report to the legislative commission at certain times; and providing other matters properly relating thereto.".