SB526

Senate Bill No. 526–Committee on Natural Resources

CHAPTER........

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.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT 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.

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.

Sec. 2. NRS 540.101 is hereby amended to read as follows:

540.101 1. The division shall develop a plan to provide guidance

and coordination for the development, management, conservation and

use of water resources within the state.

2. The division shall coordinate with local governments in developing

the plan pursuant to subsection 1. Upon request of the division, each local

government shall cooperate with and assist the division in the development

of the plan.

3. The water plan developed pursuant to subsection 1 must include

provisions designed to protect the identified needs for water for current and

future development in the rural areas of the state, giving consideration to

relevant factors, including, but not limited to, the economy of the affected

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:

(a) The plan developed pursuant to subsection 1; and

(b) The recommendations regarding the plan provided to the division by

the advisory board on water resources planning and development pursuant

to NRS 540.111.

~~[The division must obtain the approval of the legislature before the plan is~~

~~implemented.]~~

[~~5.]~~ 7. As used in this section, "local government" means a political

subdivision of this state, including, without limitation, a city, county,

irrigation district, water district or water conservancy district.

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;

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;

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.

Sec. 5. This act becomes effective upon passage and approval.