Assembly Bill No. 231–Assemblymen Mortenson and Bache

 

February 26, 2001

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Joint Sponsor: Senator Rawson

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Referred to Concurrent Committees on Government Affairs
and Natural Resources, Agriculture, and Mining

 

SUMMARY—Revises various provisions concerning certain wells. (BDR 48‑195)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to water; extending the statutory protection of domestic wells from impairment for other uses and for the redress of impairment to counties with larger populations; requiring certain minimum financial assistance to be offered to certain persons before the state engineer may take various actions concerning certain wells; removing the prospective repeal of certain provisions that limit the circumstances under which the state engineer may take various actions concerning certain wells; 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 533.024 is hereby amended to read as follows:

1-2    533.024  1.  The legislature declares that it is the policy of this state:

1-3    [1.] (a) To encourage and promote the use of effluent, where that use is

1-4  not contrary to the public health, safety or welfare, and where that use does

1-5  not interfere with federal obligations to deliver water of the Colorado

1-6  River.

1-7    [2.  In a county whose population is less than 400,000, to]

1-8    (b) To recognize the importance of domestic wells as appurtenances to

1-9  private homes, to create a protectible interest in such wells and to protect

1-10  their supply of water from unreasonable adverse effects caused by

1-11  municipal, quasi-municipal or industrial uses.

1-12    2.  As used in this section, “domestic well” means a well used:

1-13    (a) Solely for culinary and household purposes, including, without

1-14  limitation, the watering of gardens, lawns and domestic animals;

1-15    (b) By not more than 15 single-family dwellings; and

2-1    (c) By each dwelling served by the well to draw not more than 1,800

2-2  gallons of water in a day.

2-3    Sec. 2.  NRS 533.360 is hereby amended to read as follows:

2-4    533.360  1.  Except as otherwise provided in subsection 4, NRS

2-5  533.345 and subsection 3 of NRS 533.370, when an application is filed in

2-6  compliance with this chapter the state engineer shall, within 30 days,

2-7  publish or cause to be published once a week for 4 consecutive weeks in a

2-8  newspaper of general circulation and printed and published in the county

2-9  where the water is sought to be appropriated, a notice of the application,

2-10  which sets forth:

2-11    (a) That the application has been filed.

2-12    (b) The date of the filing.

2-13    (c) The name and address of the applicant.

2-14    (d) The name of the source from which the appropriation is to be made.

2-15    (e) The location of the place of diversion, described by legal subdivision

2-16  or metes and bounds and by a physical description of that place of

2-17  diversion.

2-18    (f) The purpose for which the water is to be appropriated.

2-19  The publisher shall add thereto the date of the first publication and the date

2-20  of the last publication.

2-21    2.  Except as otherwise provided in subsection 4, proof of publication

2-22  must be filed within 30 days after the final day of publication. The state

2-23  engineer shall pay for the publication from the application fee. If the

2-24  application is canceled for any reason before publication, the state engineer

2-25  shall return to the applicant that portion of the application fee collected for

2-26  publication.

2-27    3.  If the application is for a proposed well:

2-28    (a) [In a county whose population is less than 400,000;

2-29    (b)] For municipal, quasi-municipal or industrial use; and

2-30    [(c)] (b) Whose reasonably expected rate of diversion is one-half cubic

2-31  foot per second or more,

2-32  the applicant shall mail a copy of the notice of application to each owner of

2-33  real property containing a domestic well that is within 2,500 feet of the

2-34  proposed well, to his address as shown in the latest records of the county

2-35  assessor. If there are not more than six such wells, notices must be sent to

2-36  each owner by certified mail, return receipt requested. If there are more

2-37  than six such wells, at least six notices must be sent to owners by certified

2-38  mail, return receipt requested. The return receipts from these notices must

2-39  be filed with the state engineer before he may consider the application.

2-40    4.  The provisions of this section do not apply to an environmental

2-41  permit.

2-42    5.  As used in this section, “domestic well” means a well used:

2-43    (a) Solely for culinary and household purposes, including, without

2-44  limitation, the watering of gardens, lawns and domestic animals;

2-45    (b) By not more than 15 single-family dwellings; and

2-46    (c) By each dwelling served by the well to draw not more than 1,800

2-47  gallons of water in a day.

 

 

3-1    Sec. 3.  NRS 534.110 is hereby amended to read as follows:

3-2    534.110  1.  The state engineer shall administer this chapter and shall

3-3  prescribe all necessary regulations within the terms of this chapter for its

3-4  administration.

3-5    2.  The state engineer may:

3-6    (a) Require periodical statements of water elevations, water used, and

3-7  acreage on which water was used from all holders of permits and claimants

3-8  of vested rights.

3-9    (b) Upon his own initiation, conduct pumping tests to determine if

3-10  overpumping is indicated, to determine the specific yield of the aquifers

3-11  and to determine permeability characteristics.

3-12    3.  The state engineer shall determine whether there is unappropriated

3-13  water in the area affected and may issue permits only if the determination

3-14  is affirmative. The state engineer shall require each applicant to whom a

3-15  permit is issued for a well:

3-16    (a) [In a county whose population is less than 400,000;

3-17    (b)] For municipal, quasi-municipal or industrial use; and

3-18    [(c)] (b) Whose reasonably expected rate of diversion is one-half cubic

3-19  foot per second or more,

3-20  to report periodically to the state engineer concerning the effect of that well

3-21  on other previously existing wells that are located within 2,500 feet of the

3-22  well.

3-23    4.  It is a condition of each appropriation of ground water acquired

3-24  under this chapter that the right of the appropriator relates to a specific

3-25  quantity of water and that the right must allow for a reasonable lowering of

3-26  the static water level at the appropriator’s point of diversion. In

3-27  determining a reasonable lowering of the static water level in a particular

3-28  area, the state engineer shall consider the economics of pumping water for

3-29  the general type of crops growing and may also consider the effect of using

3-30  water on the economy of the area in general.

3-31    5.  This section does not prevent the granting of permits to applicants

3-32  later in time on the ground that the diversions under the proposed later

3-33  appropriations may cause the water level to be lowered at the point of

3-34  diversion of a prior appropriator, so long as the rights of holders of existing

3-35  appropriations can be satisfied under such express conditions. At the time a

3-36  permit is granted for a well:

3-37    (a) [In a county whose population is less than 400,000;

3-38    (b)] For municipal, quasi-municipal or industrial use; and

3-39    [(c)] (b) Whose reasonably expected rate of diversion is one-half cubic

3-40  foot per second or more,

3-41  the state engineer shall include as a condition of the permit that pumping

3-42  water pursuant to the permit may be limited or prohibited to prevent any

3-43  unreasonable adverse effects on an existing domestic well located within

3-44  2,500 feet of the well, unless the holder of the permit and the owner of the

3-45  domestic well have agreed to alternative measures that mitigate those

3-46  adverse affects.

3-47    6.  The state engineer shall conduct investigations in any basin or

3-48  portion thereof where it appears that the average annual replenishment to

3-49  the ground water supply may not be adequate for the needs of all

4-1  permittees and all vested-right claimants, and if his findings so indicate the

4-2  state engineer may order that withdrawals be restricted to conform to

4-3  priority rights.

4-4    7.  In any basin or portion thereof in the state designated by the state

4-5  engineer, the state engineer may restrict drilling of wells in any portion

4-6  thereof if he determines that additional wells would cause an undue

4-7  interference with existing wells. Any order or decision of the state engineer

4-8  so restricting drilling of such wells may be reviewed by the district court of

4-9  the county pursuant to NRS 533.450.

4-10    8.  As used in this section, “domestic well” means a well used:

4-11    (a) Solely for culinary and household purposes, including, without

4-12  limitation, the watering of gardens, lawns and domestic animals;

4-13    (b) By not more than 15 single-family dwellings; and

4-14    (c) By each dwelling served by the well to draw not more than 1,800

4-15  gallons of water in a day.

4-16    Sec. 4.  NRS 534.120 is hereby amended to read as follows:

4-17    534.120  1.  Within an area that has been designated by the state

4-18  engineer, as provided for in this chapter where, in his judgment, the ground

4-19  water basin is being depleted, the state engineer in his administrative

4-20  capacity is herewith empowered to make such rules, regulations and orders

4-21  as are deemed essential for the welfare of the area involved.

4-22    2.  In the interest of public welfare, the state engineer is authorized and

4-23  directed to designate preferred uses of water within the respective areas so

4-24  designated by him and from which the ground water is being depleted, and

4-25  in acting on applications to appropriate ground water he may designate

4-26  such preferred uses in different categories with respect to the particular

4-27  areas involved within the following limits: Domestic, municipal, quasi-

4-28  municipal, industrial, irrigation, mining and stock-watering uses and any

4-29  uses for which a county, city, town, public water district or public water

4-30  company furnishes the water.

4-31    3.  Except as otherwise provided in subsection 5, the state engineer

4-32  may:

4-33    (a) Issue temporary permits to appropriate ground water which can be

4-34  limited as to time and which may, except as limited by subsection 4, be

4-35  revoked if and when water can be furnished by an entity such as a water

4-36  district or a municipality presently engaged in furnishing water to the

4-37  inhabitants thereof.

4-38    (b) Deny applications to appropriate ground water for any use in areas

4-39  served by such an entity.

4-40    (c) Limit the depth of domestic wells.

4-41    (d) Prohibit the drilling of wells for domestic use, as defined in NRS

4-42  534.013 and 534.0175, in areas where water can be furnished by an entity

4-43  such as a water district or a municipality presently engaged in furnishing

4-44  water to the inhabitants thereof.

4-45    4.  The state engineer may revoke a temporary permit issued pursuant

4-46  to subsection 3 for residential use, and require a person to whom ground

4-47  water was appropriated pursuant to the permit to obtain water from an

4-48  entity such as a water district or a municipality engaged in furnishing water

4-49  to the inhabitants of the designated area, only if:

5-1    (a) The distance from the property line of any parcel served by a well

5-2  pursuant to a temporary permit to the pipes and other appurtenances of the

5-3  proposed source of water to which the property will be connected is not

5-4  more than 180 feet;

5-5    (b) The well providing water pursuant to the temporary permit needs to

5-6  be redrilled or have repairs made which require the use of a well-drilling

5-7  rig; and

5-8    (c) The holder of the permit will be offered financial assistance to pay

5-9  not less than 50 percent or more than 85 percent, as determined by the

5-10  entity providing the financial assistance, of the cost of the local and

5-11  regional connection fees and capital improvements necessary for making

5-12  the connection to the proposed source of water.

5-13  In a basin that has a water authority that has a ground water management

5-14  program, the state engineer shall not revoke the temporary permit unless

5-15  the water authority abandons and plugs the well and pays the costs related

5-16  thereto. If there is not a water authority in the basin that has a ground water

5-17  management program, the person shall abandon and plug his well in

5-18  accordance with the rules of the state engineer.

5-19    5.  The state engineer may, in an area in which he has issued temporary

5-20  permits pursuant to subsection 3, limit the depth of a domestic well

5-21  pursuant to paragraph (c) of subsection 3 or prohibit repairs from being

5-22  made to a well, and may require the person proposing to deepen or repair

5-23  the well to obtain water from an entity such as a water district or a

5-24  municipality engaged in furnishing water to the inhabitants of the

5-25  designated area, only if:

5-26    (a) The distance from the property line of any parcel served by the well

5-27  to the pipes and other appurtenances of the proposed source of water to

5-28  which the property will be connected is not more than 180 feet;

5-29    (b) The deepening or repair of the well would require the use of a well-

5-30  drilling rig; and

5-31    (c) The person proposing to deepen or repair the well will be offered

5-32  financial assistance to pay not less than 50 percent or more than 85

5-33  percent, as determined by the entity providing the financial assistance,
of the cost of the local and regional connection fees and capital

5-34  improvements necessary for making the connection to the proposed source

5-35  of water.

5-36  In a basin that has a water authority that has a ground water management

5-37  program, the state engineer shall not prohibit the deepening or repair of a

5-38  well unless the water authority abandons and plugs the well and pays the

5-39  costs related thereto. If there is not a water authority in the basin that has a

5-40  ground water management program, the person shall abandon and plug his

5-41  well in accordance with the rules of the state engineer.

5-42    6.  For good and sufficient reasons the state engineer may exempt the

5-43  provisions of this section with respect to public housing authorities.

5-44    Sec. 5.  Section 5 of chapter 636, Statutes of Nevada 1999, at page

5-45  3545, is hereby amended to read as follows:

5-46    Sec. 5. 1.  This section and sections 2 and 4 of this act become

5-47  effective on July 1, 1999.

6-1    2.  Sections 1 and 3 of this act become effective on October 1,

6-2  1999.

6-3    [3.  Section 2 of this act expires by limitation on July 1, 2005.]

6-4    Sec. 6.  This act becomes effective upon passage and approval.

 

6-5  H