2001 REGULAR SESSION (71st)                                                                             A SB159 126

Amendment No. 126

 

 

 

     Amend section 1, page 1, line 9, after “effects” by inserting “which are”.

     Amend section 1, page 1, line 10, by deleting “uses.” and inserting:

“uses[.] and which cannot reasonably be mitigated.”.

     Amend sec. 2, page 1, line 12, by deleting “[4,] 3,” and inserting “4,”.

     Amend sec. 2, page 2, line 15, by deleting “[4,] 3,” and inserting “4,”.

     Amend sec. 2, page 2, by deleting lines 21 through 34 and inserting:

     “3.  If the application is for a proposed well:

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

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

     [(c)] (b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,

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the applicant shall mail a copy of the notice of application to each owner of real property containing a domestic well that is within 2,500 feet of the proposed well, to his address as shown in the latest records of the county assessor. If there are not more than six such wells, notices must be sent to each owner by certified mail, return receipt requested. If there are more than six such wells, at least six notices must be sent to owners by certified mail, return receipt requested. The return receipts from these notices must be filed with the state engineer before he may consider the application.

     4.  The provisions of this section do not apply to an environmental”.

     Amend sec. 4, page 4, by deleting lines 26 through 34 and inserting:

“is affirmative. The state engineer [shall] may require each applicant to whom a permit is issued for a well:

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

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

     [(c)] (b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,

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to report periodically to the state engineer concerning the effect of that well on other previously existing wells that are located within 2,500 feet of the well.”.

     Amend sec. 4, pages 4 and 5, by deleting line 49 on page 4 and lines 1 through 10 on page 5, and inserting:

“conditions. At the time a permit is granted for a well:

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

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

     [(c)] (b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,

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the state engineer shall include as a condition of the permit that pumping water pursuant to the permit may be limited or prohibited to prevent any unreasonable adverse effects on an existing domestic well located within 2,500 feet of the well, unless the holder of the permit and the owner of the domestic well have agreed to alternative measures that mitigate those adverse affects.”.

     Amend the bill as a whole by deleting sec. 5 and adding new sections designated sections 5 and 6, following sec. 4, to read as follows:

     “Sec. 5. NRS 534.120 is hereby amended to read as follows:

FIRST PARALLEL SECTION

     534.120  1.  Within an area that has been designated by the state engineer, as provided for in this chapter , where, in his judgment, the ground water basin is being depleted, the state engineer in his administrative capacity is herewith empowered to make such rules, regulations and orders as are deemed essential for the welfare of the area involved.

     2.  In the interest of public welfare, the state engineer is authorized and directed to designate preferred uses of water within the respective areas so designated by him and from which the ground water is being depleted, and in acting on applications to appropriate ground water he may designate such preferred uses in different categories with respect to the particular areas involved within the following limits:

     (a) Domestic, municipal, quasi-municipal, industrial, irrigation, mining and stock-watering uses ; and [any]

     (b) Any uses for which a county, city, town, public water district or public water company furnishes the water.

     3.  Except as otherwise provided in subsection 5, the state engineer may:

     (a) Issue temporary permits to appropriate ground water which can be limited as to time and which may, except as limited by subsection 4, be revoked if and when water can be furnished by an entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof.

     (b) Deny applications to appropriate ground water for any use in areas served by such an entity.

     (c) Limit the depth of domestic wells.

     (d) Prohibit the drilling of wells for domestic use, as defined in NRS 534.013 and 534.0175, in areas where water can be furnished by an entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof.

     4.  The state engineer may revoke a temporary permit issued pursuant to subsection 3 for residential use, and require a person to whom ground water was appropriated pursuant to the permit to obtain water from an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area, only if:

     (a) The distance from the property line of any parcel served by a well pursuant to a temporary permit to the pipes and other appurtenances of the proposed source of water to which the property will be connected is not more than 180 feet;

     (b) The well providing water pursuant to the temporary permit needs to be redrilled or have repairs made which require the use of a well-drilling rig; and

     (c) The holder of the permit will be offered financial assistance to pay at least 50 percent but not more than 85 percent, as determined by the entity providing the financial assistance, of the cost of the local and regional connection fees and capital improvements necessary for making the connection to the proposed source of water.

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In a basin that has a water authority that has a ground water management program, the state engineer shall not revoke the temporary permit unless the water authority abandons and plugs the well and pays the costs related thereto. If there is not a water authority in the basin that has a ground water management program, the person shall abandon and plug his well in accordance with the rules of the state engineer.

     5.  The state engineer may, in an area in which he has issued temporary permits pursuant to subsection 3, limit the depth of a domestic well pursuant to paragraph (c) of subsection 3 or prohibit repairs from being made to a well, and may require the person proposing to deepen or repair the well to obtain water from an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area, only if:

     (a) The distance from the property line of any parcel served by the well to the pipes and other appurtenances of the proposed source of water to which the property will be connected is not more than 180 feet;

     (b) The deepening or repair of the well would require the use of a well-drilling rig; and

     (c) The person proposing to deepen or repair the well will be offered financial assistance to pay at least 50 percent but not more than 85 percent, as determined by the entity providing the financial assistance, of the cost of the local and regional connection fees and capital improvements necessary for making the connection to the proposed source of water.

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In a basin that has a water authority that has a ground water management program, the state engineer shall not prohibit the deepening or repair of a well unless the water authority abandons and plugs the well and pays the costs related thereto. If there is not a water authority in the basin that has a ground water management program, the person shall abandon and plug his well in accordance with the rules of the state engineer.

     6.  For good and sufficient reasons , the state engineer may exempt the provisions of this section with respect to public housing authorities.

     Sec. 6. 1.  This act becomes effective on July 1, 2001.

     2.  Section 5 of this act expires by limitation on July 1, 2005.”.

     Amend the title of the bill to read as follows:

“AN ACT relating to water; extending to all counties the recognition of the importance of domestic wells as appurtenances to private homes and the creation of a protectible interest in such wells; extending to all counties the requirement for a copy of the notice of application for certain proposed wells to be mailed to certain owners of real property containing domestic wells; requiring the state engineer to reject certain applications to apply water to a beneficial use if the proposed use or change conflicts with protectible interests in existing domestic wells; revising certain provisions governing permits for wells and temporary permits to appropriate ground water; and providing other matters properly relating thereto.”.

     Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning protectible interests in domestic water wells and appropriation of ground water. (BDR 48‑309)”.