Assembly Bill No. 97–Committee on Government Affairs

(On Behalf of Clark County)

February 12, 2001

____________

Referred to Committee on Government Affairs

SUMMARY—Revises provisions governing waste of water. (BDR 20‑183)

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.

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; authorizing a board of county commissioners or the governing body of an incorporated city to include in certain ordinances a provision that authorizes certain persons or governmental entities to make the prohibition against the wasteful use of water a condition of providing water service or to assess and collect a monetary penalty from customers or users under certain circumstances; 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 244.3665 is hereby amended to read as follows:

1-2 244.3665 The board of county commissioners may prohibit any waste

1-3 of water within the unincorporated areas of the county by customers of a

1-4 public water system. Any ordinance adopted [under] pursuant to the

1-5 provisions of this section may:

1-6 1. Classify the conditions under which specified kinds and amounts of

1-7 consumption or expenditure of water are wasteful;

1-8 2. Provide for reasonable notice to water users in any such area

1-9 indicating which of [such] those conditions, if any, exist in that area;

1-10 3. [Allow] In accordance with the standards adopted by the board,

1-11 authorize any person, group of persons, partnership, corporation , or other

1-12 business or governmental entity [which:

1-13 (a) Furnishes] that furnishes water to persons within [such] those areas

1-14 of the county for business, manufacturing, agricultural or household use [;

1-15 and

1-16 (b) Is] and is not a public utility regulated by the public utilities

1-17 commission of Nevada [, to] :

1-18 (a) To make the prohibition against the wasteful use of water a

1-19 condition of providing water service;

2-1 (b) To reduce or terminate water service to any customer who wastes

2-2 water [, according to reasonable standards adopted by the board;] ; or

2-3 (c) To assess and collect a monetary penalty from a customer specified

2-4 in paragraph (b); and

2-5 4. Provide other appropriate penalties for a violation of the ordinance

2-6 which are based upon the classification adopted [under] pursuant to the

2-7 provisions of subsection 1.

2-8 Sec. 2. NRS 268.411 is hereby amended to read as follows:

2-9 268.411 The governing body of an incorporated city may prohibit by

2-10 ordinance any waste of water within its jurisdiction. Any ordinance

2-11 adopted [under] pursuant to the provisions of this section may:

2-12 1. Classify the conditions under which specified kinds and amounts of

2-13 consumption or expenditure of water are wasteful;

2-14 2. Provide for reasonable notice of which of [such] those conditions, if

2-15 any, exist in the city;

2-16 3. [Allow] In accordance with the standards adopted by the

2-17 governing body, authorize any person, group of persons, partnership,

2-18 corporation , or other business or governmental entity [which:

2-19 (a) Furnishes] that furnishes water to persons within the city for

2-20 business, manufacturing, agricultural or household use [; and

2-21 (b) Is] and is not a public utility regulated by the public utilities

2-22 commission of Nevada [, to] :

2-23 (a) To make the prohibition against the wasteful use of water a

2-24 condition of providing water service;

2-25 (b) To reduce or terminate water service to any customer or user who

2-26 wastes water [, according to reasonable standards adopted by the board;] ;

2-27 or

2-28 (c) To assess and collect a monetary penalty from a customer or user

2-29 specified in paragraph (b); and

2-30 4. Provide other appropriate penalties for a violation of the ordinance

2-31 which are based upon the classification adopted [under] pursuant to the

2-32 provisions of subsection 1.

2-33 Sec. 3. This act becomes effective upon passage and approval.

2-34 H