SB159_EN

Senate Bill No. 159–Committee on Natural Resources

CHAPTER..........

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.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 533.024 is hereby amended to read as follows:

533.024 The legislature declares that it is the policy of this state:

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

contrary to the public health, safety or welfare, and where that use does

not interfere with federal obligations to deliver water of the Colorado

River.

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

the importance of domestic wells as appurtenances to private homes, to

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

water from unreasonable adverse effects which are caused by municipal,

quasi-municipal or industrial uses [.] and which cannot reasonably be

mitigated.

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

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

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

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

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

newspaper of general circulation and printed and published in the county

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

which sets forth:

(a) That the application has been filed.

(b) The date of the filing.

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

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

or metes and bounds and by a physical description of that place of

diversion.

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

The publisher shall add thereto the date of the first publication and the date

of the last publication.

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

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

engineer shall pay for the publication from the application fee. If the

application is canceled for any reason before publication, the state

engineer shall return to the applicant that portion of the application fee

collected for publication.

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,

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

permit.

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

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

533.345, 533.371, 533.372 and 533.503, the state engineer shall approve

an application submitted in proper form which contemplates the

application of water to beneficial use if:

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

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

adversely affect the cost of water for other holders of water rights in the

district or lessen the efficiency of the district in its delivery or use of

water; and

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

apply the water to the intended beneficial use with reasonable diligence;

and

(2) His financial ability and reasonable expectation actually to

construct the work and apply the water to the intended beneficial use with

reasonable diligence.

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

shall approve or reject each application within 1 year after the final date

for filing a protest. However:

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

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

the protestant and the applicant; and

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

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

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

determined there is unappropriated water or the court action becomes

final.

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

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

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

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

threatens to prove detrimental to the public interest, the state engineer

shall reject the application and refuse to issue the requested permit. If a

previous application for a similar use of water within the same basin has

been rejected on those grounds, the new application may be denied

without publication.

4. In determining whether an application for an interbasin transfer of

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

shall consider:

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

another basin;

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

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

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

being effectively carried out;

to the basin from which the water is exported;

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

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

which the water is exported; and

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

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

engineer must be in writing and include findings of fact, conclusions of

law and a statement of the underlying facts supporting the findings of fact.

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

The rejection or approval of an application must be endorsed on a copy of

the original application, and a record made of the endorsement in the

records of the state engineer. The copy of the application so endorsed must

be returned to the applicant. Except as otherwise provided in subsection 7,

if the application is approved, the applicant may, on receipt thereof,

proceed with the construction of the necessary works and take all steps

required to apply the water to beneficial use and to perfect the proposed

appropriation. If the application is rejected the applicant may take no steps

toward the prosecution of the proposed work or the diversion and use of

the public water while the rejection continues in force.

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

application for an environmental permit.

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

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

state lands of the state department of conservation and natural resources

without the appropriate authorization for that use from the state land

registrar.

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

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

different basin than the proposed place of beneficial use.

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

534.110 1. The state engineer shall administer this chapter and shall

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

administration.

2. The state engineer may:

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

acreage on which water was used from all holders of permits and

claimants of vested rights.

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

overpumping is indicated, to determine the specific yield of the aquifers

and to determine permeability characteristics.

3. The state engineer shall determine whether there is unappropriated

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

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,

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.

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

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

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

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

determining a reasonable lowering of the static water level in a particular

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

the general type of crops growing and may also consider the effect of

using water on the economy of the area in general.

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

later in time on the ground that the diversions under the proposed later

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

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

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

holders of existing appropriations can be satisfied under such express

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,

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.

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

portion thereof where it appears that the average annual replenishment to

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

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

state engineer may order that withdrawals be restricted to conform to

priority rights.

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

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

thereof if he determines that additional wells would cause an undue

interference with existing wells. Any order or decision of the state

engineer so restricting drilling of such wells may be reviewed by the

district court of the county pursuant to NRS 533.450.

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

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.

(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

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.

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

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.

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.

²⁰~~~~~⁰¹