Senate Bill No. 159–Committee on Natural Resources

 

(On Behalf of Public Lands Subcommittee to Study

Domestic and Municipal Water Wells)

 

February 15, 2001

____________

 

Referred to Committee on Natural Resources

 

SUMMARY—Makes various changes concerning protectible interests in domestic water wells. (BDR 48‑309)

 

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 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; eliminating 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; eliminating certain provisions governing permits for 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  The legislature declares that it is the policy of this state:

1-3    1.  To encourage and promote the use of effluent, where that use is not

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

1-5  interfere with federal obligations to deliver water of the Colorado River.

1-6    2.  [In a county whose population is less than 400,000, to] To recognize

1-7  the importance of domestic wells as appurtenances to private homes, to

1-8  create a protectible interest in such wells and to protect their supply of

1-9  water from unreasonable adverse effects caused by municipal, quasi-

1-10  municipal or industrial uses.

1-11    Sec. 2.  NRS 533.360 is hereby amended to read as follows:

1-12    533.360  1.  Except as otherwise provided in subsection [4,] 3, NRS

1-13  533.345 and subsection 3 of NRS 533.370, when an application is filed in

1-14  compliance with this chapter , the state engineer shall, within 30 days,

2-1  publish or cause to be published once a week for 4 consecutive weeks in a

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

2-3  where the water is sought to be appropriated, a notice of the application,

2-4  which sets forth:

2-5    (a) That the application has been filed.

2-6    (b) The date of the filing.

2-7    (c) The name and address of the applicant.

2-8    (d) The name of the source from which the appropriation is to be made.

2-9    (e) The location of the place of diversion, described by legal subdivision

2-10  or metes and bounds and by a physical description of that place of

2-11  diversion.

2-12    (f) The purpose for which the water is to be appropriated.

2-13  The publisher shall add thereto the date of the first publication and the date

2-14  of the last publication.

2-15    2.  Except as otherwise provided in subsection [4,] 3, proof of

2-16  publication must be filed within 30 days after the final day of publication.

2-17  The state engineer shall pay for the publication from the application fee. If

2-18  the application is canceled for any reason before publication, the state

2-19  engineer shall return to the applicant that portion of the application fee

2-20  collected for publication.

2-21    3.  [If the application is for a proposed well:

2-22    (a) In a county whose population is less than 400,000;

2-23    (b) For municipal, quasi-municipal or industrial use; and

2-24    (c) Whose reasonably expected rate of diversion is one-half cubic foot

2-25  per second or more,

2-26  the applicant shall mail a copy of the notice of application to each owner of

2-27  real property containing a domestic well that is within 2,500 feet of the

2-28  proposed well, to his address as shown in the latest records of the county

2-29  assessor. If there are not more than six such wells, notices must be sent to

2-30  each owner by certified mail, return receipt requested. If there are more

2-31  than six such wells, at least six notices must be sent to owners by certified

2-32  mail, return receipt requested. The return receipts from these notices must

2-33  be filed with the state engineer before he may consider the application.

2-34    4.] The provisions of this section do not apply to an environmental

2-35  permit.

2-36    Sec. 3.  NRS 533.370 is hereby amended to read as follows:

2-37    533.370  1.  Except as otherwise provided in this section and NRS

2-38  533.345, 533.371, 533.372 and 533.503, the state engineer shall approve an

2-39  application submitted in proper form which contemplates the application of

2-40  water to beneficial use if:

2-41    (a) The application is accompanied by the prescribed fees;

2-42    (b) The proposed use or change, if within an irrigation district, does not

2-43  adversely affect the cost of water for other holders of water rights in the

2-44  district or lessen the efficiency of the district in its delivery or use of water;

2-45  and

2-46    (c) The applicant provides proof satisfactory to the state engineer of:

2-47      (1) His intention in good faith to construct any work necessary to

2-48  apply the water to the intended beneficial use with reasonable diligence;

2-49  and

3-1       (2) His financial ability and reasonable expectation actually to

3-2  construct the work and apply the water to the intended beneficial use with

3-3  reasonable diligence.

3-4    2.  Except as otherwise provided in subsection 6, the state engineer

3-5  shall approve or reject each application within 1 year after the final date for

3-6  filing a protest. However:

3-7    (a) Action may be postponed by the state engineer upon written

3-8  authorization to do so by the applicant or, if an application is protested, by

3-9  the protestant and the applicant; and

3-10    (b) In areas where studies of water supplies have been determined to be

3-11  necessary by the state engineer pursuant to NRS 533.368 or where court

3-12  actions are pending, the state engineer may withhold action until it is

3-13  determined there is unappropriated water or the court action becomes final.

3-14    3.  Except as otherwise provided in subsection 6, where there is no

3-15  unappropriated water in the proposed source of supply, or where its

3-16  proposed use or change conflicts with existing rights[,] or with protectible

3-17  interests in existing domestic wells as set forth in NRS 533.024, or

3-18  threatens to prove detrimental to the public interest, the state engineer shall

3-19  reject the application and refuse to issue the requested permit. If a previous

3-20  application for a similar use of water within the same basin has been

3-21  rejected on those grounds, the new application may be denied without

3-22  publication.

3-23    4.  In determining whether an application for an interbasin transfer of

3-24  ground water must be rejected pursuant to this section, the state engineer

3-25  shall consider:

3-26    (a) Whether the applicant has justified the need to import the water from

3-27  another basin;

3-28    (b) If the state engineer determines that a plan for conservation of water

3-29  is advisable for the basin into which the water is to be imported, whether

3-30  the applicant has demonstrated that such a plan has been adopted and is

3-31  being effectively carried out;

3-32    (c) Whether the proposed action is environmentally sound as it relates

3-33  to the basin from which the water is exported;

3-34    (d) Whether the proposed action is an appropriate long-term use which

3-35  will not unduly limit the future growth and development in the basin from

3-36  which the water is exported; and

3-37    (e) Any other factor the state engineer determines to be relevant.

3-38    5.  If a hearing is held regarding an application, the decision of the state

3-39  engineer must be in writing and include findings of fact, conclusions of law

3-40  and a statement of the underlying facts supporting the findings of fact. The

3-41  written decision may take the form of a transcription of an oral ruling. The

3-42  rejection or approval of an application must be endorsed on a copy of the

3-43  original application, and a record made of the endorsement in the records

3-44  of the state engineer. The copy of the application so endorsed must be

3-45  returned to the applicant. Except as otherwise provided in subsection 7, if

3-46  the application is approved, the applicant may, on receipt thereof, proceed

3-47  with the construction of the necessary works and take all steps required to

3-48  apply the water to beneficial use and to perfect the proposed appropriation.

3-49  If the application is rejected the applicant may take no steps toward the

4-1  prosecution of the proposed work or the diversion and use of the public

4-2  water while the rejection continues in force.

4-3    6.  The provisions of subsections 1 to 4, inclusive, do not apply to an

4-4  application for an environmental permit.

4-5    7.  The provisions of subsection 5 do not authorize the recipient of an

4-6  approved application to use any state land administered by the division of

4-7  state lands of the state department of conservation and natural resources

4-8  without the appropriate authorization for that use from the state land

4-9  registrar.

4-10    8.  As used in this section, “interbasin transfer of ground water” means

4-11  a transfer of ground water for which the proposed point of diversion is in a

4-12  different basin than the proposed place of beneficial use.

4-13    Sec. 4.  NRS 534.110 is hereby amended to read as follows:

4-14    534.110  1.  The state engineer shall administer this chapter and shall

4-15  prescribe all necessary regulations within the terms of this chapter for its

4-16  administration.

4-17    2.  The state engineer may:

4-18    (a) Require periodical statements of water elevations, water used, and

4-19  acreage on which water was used from all holders of permits and claimants

4-20  of vested rights.

4-21    (b) Upon his own initiation, conduct pumping tests to determine if

4-22  overpumping is indicated, to determine the specific yield of the aquifers

4-23  and to determine permeability characteristics.

4-24    3.  The state engineer shall determine whether there is unappropriated

4-25  water in the area affected and may issue permits only if the determination

4-26  is affirmative. [The state engineer shall require each applicant to whom a

4-27  permit is issued for a well:

4-28    (a) In a county whose population is less than 400,000;

4-29    (b) For municipal, quasi-municipal or industrial use; and

4-30    (c) Whose reasonably expected rate of diversion is one-half cubic foot

4-31  per second or more,

4-32  to report periodically to the state engineer concerning the effect of that well

4-33  on other previously existing wells that are located within 2,500 feet of the

4-34  well.]

4-35    4.  It is a condition of each appropriation of ground water acquired

4-36  under this chapter that the right of the appropriator relates to a specific

4-37  quantity of water and that the right must allow for a reasonable lowering of

4-38  the static water level at the appropriator’s point of diversion. In

4-39  determining a reasonable lowering of the static water level in a particular

4-40  area, the state engineer shall consider the economics of pumping water for

4-41  the general type of crops growing and may also consider the effect of using

4-42  water on the economy of the area in general.

4-43    5.  This section does not prevent the granting of permits to applicants

4-44  later in time on the ground that the diversions under the proposed later

4-45  appropriations may cause the water level to be lowered at the point of

4-46  diversion of a prior appropriator, so long as any protectible interests in

4-47  existing domestic wells as set forth in NRS 533.024 and the rights of

4-48  holders of existing appropriations can be satisfied under such express

4-49  conditions. [At the time a permit is granted for a well:

5-1    (a) In a county whose population is less than 400,000;

5-2    (b) For municipal, quasi-municipal or industrial use; and

5-3    (c) Whose reasonably expected rate of diversion is one-half cubic foot

5-4  per second or more,

5-5  the state engineer shall include as a condition of the permit that pumping

5-6  water pursuant to the permit may be limited or prohibited to prevent any

5-7  unreasonable adverse effects on an existing domestic well located within

5-8  2,500 feet of the well, unless the holder of the permit and the owner of the

5-9  domestic well have agreed to alternative measures that mitigate those

5-10  adverse affects.]

5-11    6.  The state engineer shall conduct investigations in any basin or

5-12  portion thereof where it appears that the average annual replenishment to

5-13  the ground water supply may not be adequate for the needs of all

5-14  permittees and all vested-right claimants, and if his findings so indicate the

5-15  state engineer may order that withdrawals be restricted to conform to

5-16  priority rights.

5-17    7.  In any basin or portion thereof in the state designated by the state

5-18  engineer, the state engineer may restrict drilling of wells in any portion

5-19  thereof if he determines that additional wells would cause an undue

5-20  interference with existing wells. Any order or decision of the state engineer

5-21  so restricting drilling of such wells may be reviewed by the district court of

5-22  the county pursuant to NRS 533.450.

5-23    Sec. 5.  This act becomes effective on July 1, 2001.

 

5-24  H