Senate Bill No. 526–Committee on Natural Resources

March 22, 1999

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Referred to Committee on Natural Resources

 

SUMMARY—Revises provisions relating to plan for use of water resources. (BDR 48-1601)

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 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:

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

1-2 540.041 1. The administrator:

1-3 (a) Must be selected with special reference to his training, experience,

1-4 capability and interest in the field of water resource planning.

1-5 (b) Except as otherwise provided in NRS 284.143, shall devote his

1-6 entire time and attention to the business of his office and shall not pursue

1-7 any other business or occupation or hold any other office of profit.

1-8 (c) Shall coordinate the activities of the division.

1-9 2. The administrator is responsible for the administration of all

1-10 provisions of law relating to the functions of the division.

1-11 3. The administrator may employ, within the limits of legislative

1-12 appropriations, such staff as is necessary to the performance of his duties.

1-13 4. The administrator shall, not later than the fifth calendar day of

1-14 each regular session of the legislature, submit to the director of the

1-15 legislative counsel bureau for distribution to the legislature a written

2-1 report summarizing the actions of the division taken pursuant to the

2-2 provisions of NRS 540.051 and 540.101 during the preceding biennium.

2-3 Sec. 2. NRS 540.101 is hereby amended to read as follows:

2-4 540.101 1. The division shall develop a plan to provide guidance

2-5 and coordination for the development, management, conservation and

2-6 use of water resources within the state.

2-7 2. The division shall coordinate with local governments in developing

2-8 the plan pursuant to subsection 1. Upon request of the division, each local

2-9 government shall cooperate with and assist the division in the development

2-10 of the plan.

2-11 3. The water plan developed pursuant to subsection 1 must include

2-12 provisions designed to protect the identified needs for water for current and

2-13 future development in the rural areas of the state, giving consideration to

2-14 relevant factors, including, but not limited to, the economy of the affected

2-15 areas and the quality of life in the affected areas.

2-16 4. The provisions of the plan developed pursuant to subsection 1

2-17 must not be construed to supersede, replace, amend or add to the law of

2-18 the State of Nevada.

2-19 5. A state or local governmental agency:

2-20 (a) Shall consider the plan developed pursuant to subsection 1 when

2-21 developing or implementing its mission, programs, plans and

2-22 responsibilities regarding water resources; and

2-23 (b) Is not bound by a recommendation or provision of the plan

2-24 developed pursuant to subsection 1 unless it formally adopts the

2-25 recommendation or provision.

2-26 6. The division shall submit to the legislature for its review and

2-27 consideration:

2-28 (a) The plan developed pursuant to subsection 1; and

2-29 (b) The recommendations regarding the plan provided to the division by

2-30 the advisory board on water resources planning and development pursuant

2-31 to NRS 540.111.

2-32 [The division must obtain the approval of the legislature before the plan is

2-33 implemented.]

2-34 [5.] 7. As used in this section, "local government" means a political

2-35 subdivision of this state, including, without limitation, a city, county,

2-36 irrigation district, water district or water conservancy district.

2-37 Sec. 3. NRS 540.111 is hereby amended to read as follows:

2-38 540.111 1. The advisory board on water resources planning and

2-39 development, consisting of 15 members appointed by the governor, is

2-40 hereby created within the division.

2-41 2. The governor shall appoint to the advisory board:

2-42 (a) Six members who are representatives of the governing bodies of the

2-43 county with the largest population in the state and the cities in that county;

3-1 (b) One member who is a representative of the largest water utility in the

3-2 county with the largest population in the state;

3-3 (c) Two members who are representatives of the county with the second

3-4 largest population in the state and the cities in that county;

3-5 (d) One member who is a representative of the largest water utility in the

3-6 county with the second largest population in the state;

3-7 (e) One member who is representative of the general public; and

3-8 (f) Four members, each of whom represents a different one of the

3-9 following interests:

3-10 (1) Farming;

3-11 (2) Mining;

3-12 (3) Ranching; and

3-13 (4) Wildlife.

3-14 The governor shall make the appointments required by this subsection so

3-15 that at least seven members of the advisory board are residents of the

3-16 county with the largest population in the state, at least three members are

3-17 residents of the county with the second largest population in the state and at

3-18 least three members are residents of a county whose population is less than

3-19 100,000.

3-20 3. The members of the advisory board serve at the pleasure of the

3-21 governor.

3-22 4. All vacancies on the advisory board must be filled in the same

3-23 manner of appointment as the member who created the vacancy.

3-24 5. The members of the advisory board are entitled to receive a salary of

3-25 $60 for each day’s attendance at a meeting of the advisory board and the

3-26 travel and subsistence allowances provided by law for state officers and

3-27 employees generally.

3-28 6. The advisory board shall, at its first meeting and annually thereafter,

3-29 elect a chairman from among its members.

3-30 7. The advisory board may meet at least once in each calendar quarter

3-31 and at other times upon the call of the chairman or a majority of the

3-32 members.

3-33 8. A majority of the members of the advisory board constitutes a

3-34 quorum. A quorum may exercise all of the powers and duties of the

3-35 advisory board.

3-36 9. The advisory board shall:

3-37 (a) Advise the administrator on matters relating to the planning and

3-38 development of water resources;

3-39 (b) Be informed on and interested in the administrative duties of the

3-40 division and any legislation recommended by the division;

3-41 (c) Advise and make recommendations through the division and the

3-42 state department of conservation and natural resources to the governor and

4-1 the legislature concerning policies for water planning and the development

4-2 of water resources in this state;

4-3 (d) Advise the administrator concerning the policies of the division and

4-4 areas of emphasis for the planning of water resources; and

4-5 (e) Review, and provide written recommendations to the division

4-6 regarding, the plan [for the use of water resources] developed pursuant to

4-7 NRS 540.101.

4-8 Sec. 4. The administrator of the division of water planning of the state

4-9 department of conservation and natural resources shall report to the

4-10 legislative commission on or before July 1, 1999, January 1, 2000, and
4-11 July 1, 2000, regarding the actions of the division taken pursuant to NRS

4-12 540.101.

4-13 Sec. 5. This act becomes effective upon passage and approval.

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