(REPRINTED WITH ADOPTED AMENDMENTS)

 

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 and appropriation of ground water. (BDR 48‑309)

 

FISCAL NOTE:  Effect on Local Government: No.

                             Effect on the State: No.

 

~

 

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; 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:

 

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 which are caused by municipal,

1-10  quasi-municipal or industrial uses [.] and which cannot reasonably be

1-11  mitigated.

 

 

 

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

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

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

2-4  compliance with this chapter , the state engineer shall, within 30 days,

2-5  publish or cause to be published once a week for 4 consecutive weeks in a

2-6  newspaper of general circulation and printed and published in the county

2-7  where the water is sought to be appropriated, a notice of the application,

2-8  which sets forth:

2-9    (a) That the application has been filed.

2-10  (b) The date of the filing.

2-11  (c) The name and address of the applicant.

2-12  (d) The name of the source from which the appropriation is to be made.

2-13  (e) The location of the place of diversion, described by legal subdivision

2-14  or metes and bounds and by a physical description of that place of

2-15  diversion.

2-16  (f) The purpose for which the water is to be appropriated.

2-17  The publisher shall add thereto the date of the first publication and the date

2-18  of the last publication.

2-19  2.  Except as otherwise provided in subsection 4, proof of publication

2-20  must be filed within 30 days after the final day of publication. The state

2-21  engineer shall pay for the publication from the application fee. If the

2-22  application is canceled for any reason before publication, the state engineer

2-23  shall return to the applicant that portion of the application fee collected for

2-24  publication.

2-25  3.  If the application is for a proposed well:

2-26  (a) [In a county whose population is less than 400,000;

2-27  (b)] For municipal, quasi-municipal or industrial use; and

2-28  [(c)] (b) Whose reasonably expected rate of diversion is one-half cubic

2-29  foot per second or more,

2-30  the applicant shall mail a copy of the notice of application to each owner of

2-31  real property containing a domestic well that is within 2,500 feet of the

2-32  proposed well, to his address as shown in the latest records of the county

2-33  assessor. If there are not more than six such wells, notices must be sent to

2-34  each owner by certified mail, return receipt requested. If there are more

2-35  than six such wells, at least six notices must be sent to owners by certified

2-36  mail, return receipt requested. The return receipts from these notices must

2-37  be filed with the state engineer before he may consider the application.

2-38  4. The provisions of this section do not apply to an environmental

2-39  permit.

2-40  Sec. 3.  NRS 533.370 is hereby amended to read as follows:

2-41  533.370  1.  Except as otherwise provided in this section and NRS

2-42  533.345, 533.371, 533.372 and 533.503, the state engineer shall approve an

2-43  application submitted in proper form which contemplates the application of

2-44  water to beneficial use if:

2-45  (a) The application is accompanied by the prescribed fees;

2-46  (b) The proposed use or change, if within an irrigation district, does not

2-47  adversely affect the cost of water for other holders of water rights in the

2-48  district or lessen the efficiency of the district in its delivery or use of water;

2-49  and

3-1    (c) The applicant provides proof satisfactory to the state engineer of:

3-2       (1) His intention in good faith to construct any work necessary to

3-3  apply the water to the intended beneficial use with reasonable diligence;

3-4  and

3-5       (2) His financial ability and reasonable expectation actually to

3-6  construct the work and apply the water to the intended beneficial use with

3-7  reasonable diligence.

3-8    2.  Except as otherwise provided in subsection 6, the state engineer

3-9  shall approve or reject each application within 1 year after the final date for

3-10  filing a protest. However:

3-11  (a) Action may be postponed by the state engineer upon written

3-12  authorization to do so by the applicant or, if an application is protested, by

3-13  the protestant and the applicant; and

3-14  (b) In areas where studies of water supplies have been determined to be

3-15  necessary by the state engineer pursuant to NRS 533.368 or where court

3-16  actions are pending, the state engineer may withhold action until it is

3-17  determined there is unappropriated water or the court action becomes final.

3-18  3.  Except as otherwise provided in subsection 6, where there is no

3-19  unappropriated water in the proposed source of supply, or where its

3-20  proposed use or change conflicts with existing rights[,] or with protectible

3-21  interests in existing domestic wells as set forth in NRS 533.024, or

3-22  threatens to prove detrimental to the public interest, the state engineer shall

3-23  reject the application and refuse to issue the requested permit. If a previous

3-24  application for a similar use of water within the same basin has been

3-25  rejected on those grounds, the new application may be denied without

3-26  publication.

3-27  4.  In determining whether an application for an interbasin transfer of

3-28  ground water must be rejected pursuant to this section, the state engineer

3-29  shall consider:

3-30  (a) Whether the applicant has justified the need to import the water from

3-31  another basin;

3-32  (b) If the state engineer determines that a plan for conservation of water

3-33  is advisable for the basin into which the water is to be imported, whether

3-34  the applicant has demonstrated that such a plan has been adopted and is

3-35  being effectively carried out;

3-36  (c) Whether the proposed action is environmentally sound as it relates

3-37  to the basin from which the water is exported;

3-38  (d) Whether the proposed action is an appropriate long-term use which

3-39  will not unduly limit the future growth and development in the basin from

3-40  which the water is exported; and

3-41  (e) Any other factor the state engineer determines to be relevant.

3-42  5.  If a hearing is held regarding an application, the decision of the state

3-43  engineer must be in writing and include findings of fact, conclusions of law

3-44  and a statement of the underlying facts supporting the findings of fact. The

3-45  written decision may take the form of a transcription of an oral ruling. The

3-46  rejection or approval of an application must be endorsed on a copy of the

3-47  original application, and a record made of the endorsement in the records

3-48  of the state engineer. The copy of the application so endorsed must be

3-49  returned to the applicant. Except as otherwise provided in subsection 7, if

4-1  the application is approved, the applicant may, on receipt thereof, proceed

4-2  with the construction of the necessary works and take all steps required to

4-3  apply the water to beneficial use and to perfect the proposed appropriation.

4-4  If the application is rejected the applicant may take no steps toward the

4-5  prosecution of the proposed work or the diversion and use of the public

4-6  water while the rejection continues in force.

4-7    6.  The provisions of subsections 1 to 4, inclusive, do not apply to an

4-8  application for an environmental permit.

4-9    7.  The provisions of subsection 5 do not authorize the recipient of an

4-10  approved application to use any state land administered by the division of

4-11  state lands of the state department of conservation and natural resources

4-12  without the appropriate authorization for that use from the state land

4-13  registrar.

4-14  8.  As used in this section, “interbasin transfer of ground water” means

4-15  a transfer of ground water for which the proposed point of diversion is in a

4-16  different basin than the proposed place of beneficial use.

4-17  Sec. 4.  NRS 534.110 is hereby amended to read as follows:

4-18  534.110  1.  The state engineer shall administer this chapter and shall

4-19  prescribe all necessary regulations within the terms of this chapter for its

4-20  administration.

4-21  2.  The state engineer may:

4-22  (a) Require periodical statements of water elevations, water used, and

4-23  acreage on which water was used from all holders of permits and claimants

4-24  of vested rights.

4-25  (b) Upon his own initiation, conduct pumping tests to determine if

4-26  overpumping is indicated, to determine the specific yield of the aquifers

4-27  and to determine permeability characteristics.

4-28  3.  The state engineer shall determine whether there is unappropriated

4-29  water in the area affected and may issue permits only if the determination

4-30  is affirmative. The state engineer [shall] may require each applicant to

4-31  whom a permit is issued for a well:

4-32  (a) [In a county whose population is less than 400,000;

4-33  (b)] For municipal, quasi-municipal or industrial use; and

4-34  [(c)] (b) Whose reasonably expected rate of diversion is one-half cubic

4-35  foot per second or more,

4-36  to report periodically to the state engineer concerning the effect of that well

4-37  on other previously existing wells that are located within 2,500 feet of the

4-38  well.

4-39  4.  It is a condition of each appropriation of ground water acquired

4-40  under this chapter that the right of the appropriator relates to a specific

4-41  quantity of water and that the right must allow for a reasonable lowering of

4-42  the static water level at the appropriator’s point of diversion. In

4-43  determining a reasonable lowering of the static water level in a particular

4-44  area, the state engineer shall consider the economics of pumping water for

4-45  the general type of crops growing and may also consider the effect of using

4-46  water on the economy of the area in general.

4-47  5.  This section does not prevent the granting of permits to applicants

4-48  later in time on the ground that the diversions under the proposed later

4-49  appropriations may cause the water level to be lowered at the point of

5-1  diversion of a prior appropriator, so long as any protectible interests in

5-2  existing domestic wells as set forth in NRS 533.024 and the rights of

5-3  holders of existing appropriations can be satisfied under such express

5-4  conditions. At the time a permit is granted for a well:

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

5-6    (b)] For municipal, quasi-municipal or industrial use; and

5-7    [(c)] (b) Whose reasonably expected rate of diversion is one-half cubic

5-8  foot per second or more,

5-9  the state engineer shall include as a condition of the permit that pumping

5-10  water pursuant to the permit may be limited or prohibited to prevent any

5-11  unreasonable adverse effects on an existing domestic well located within

5-12  2,500 feet of the well, unless the holder of the permit and the owner of the

5-13  domestic well have agreed to alternative measures that mitigate those

5-14  adverse affects.

5-15  6.  The state engineer shall conduct investigations in any basin or

5-16  portion thereof where it appears that the average annual replenishment to

5-17  the ground water supply may not be adequate for the needs of all

5-18  permittees and all vested-right claimants, and if his findings so indicate the

5-19  state engineer may order that withdrawals be restricted to conform to

5-20  priority rights.

5-21  7.  In any basin or portion thereof in the state designated by the state

5-22  engineer, the state engineer may restrict drilling of wells in any portion

5-23  thereof if he determines that additional wells would cause an undue

5-24  interference with existing wells. Any order or decision of the state engineer

5-25  so restricting drilling of such wells may be reviewed by the district court of

5-26  the county pursuant to NRS 533.450.

5-27  Sec. 5.  NRS 534.120 is hereby amended to read as follows:

5-28  534.120  1.  Within an area that has been designated by the state

5-29  engineer, as provided for in this chapter , where, in his judgment, the

5-30  ground water basin is being depleted, the state engineer in his

5-31  administrative capacity is herewith empowered to make such rules,

5-32  regulations and orders as are deemed essential for the welfare of the area

5-33  involved.

5-34  2.  In the interest of public welfare, the state engineer is authorized and

5-35  directed to designate preferred uses of water within the respective areas so

5-36  designated by him and from which the ground water is being depleted, and

5-37  in acting on applications to appropriate ground water he may designate

5-38  such preferred uses in different categories with respect to the particular

5-39  areas involved within the following limits:

5-40  (a) Domestic, municipal, quasi-municipal, industrial, irrigation, mining

5-41  and stock-watering uses ; and [any]

5-42  (b) Any uses for which a county, city, town, public water district or

5-43  public water company furnishes the water.

5-44  3.  Except as otherwise provided in subsection 5, the state engineer

5-45  may:

5-46  (a) Issue temporary permits to appropriate ground water which can be

5-47  limited as to time and which may, except as limited by subsection 4, be

5-48  revoked if and when water can be furnished by an entity such as a water

6-1  district or a municipality presently engaged in furnishing water to the

6-2  inhabitants thereof.

6-3    (b) Deny applications to appropriate ground water for any use in areas

6-4  served by such an entity.

6-5    (c) Limit the depth of domestic wells.

6-6    (d) Prohibit the drilling of wells for domestic use, as defined in NRS

6-7  534.013 and 534.0175, in areas where water can be furnished by an entity

6-8  such as a water district or a municipality presently engaged in furnishing

6-9  water to the inhabitants thereof.

6-10  4.  The state engineer may revoke a temporary permit issued pursuant

6-11  to subsection 3 for residential use, and require a person to whom ground

6-12  water was appropriated pursuant to the permit to obtain water from an

6-13  entity such as a water district or a municipality engaged in furnishing water

6-14  to the inhabitants of the designated area, only if:

6-15  (a) The distance from the property line of any parcel served by a well

6-16  pursuant to a temporary permit to the pipes and other appurtenances of the

6-17  proposed source of water to which the property will be connected is not

6-18  more than 180 feet;

6-19  (b) The well providing water pursuant to the temporary permit needs to

6-20  be redrilled or have repairs made which require the use of a well-drilling

6-21  rig; and

6-22  (c) The holder of the permit will be offered financial assistance to pay

6-23  at least 50 percent but not more than 85 percent, as determined by the

6-24  entity providing the financial assistance, of the cost of the local and

6-25  regional connection fees and capital improvements necessary for making

6-26  the connection to the proposed source of water.

6-27  In a basin that has a water authority that has a ground water management

6-28  program, the state engineer shall not revoke the temporary permit unless

6-29  the water authority abandons and plugs the well and pays the costs related

6-30  thereto. If there is not a water authority in the basin that has a ground water

6-31  management program, the person shall abandon and plug his well in

6-32  accordance with the rules of the state engineer.

6-33  5.  The state engineer may, in an area in which he has issued temporary

6-34  permits pursuant to subsection 3, limit the depth of a domestic well

6-35  pursuant to paragraph (c) of subsection 3 or prohibit repairs from being

6-36  made to a well, and may require the person proposing to deepen or repair

6-37  the well to obtain water from an entity such as a water district or a

6-38  municipality engaged in furnishing water to the inhabitants of the

6-39  designated area, only if:

6-40  (a) The distance from the property line of any parcel served by the well

6-41  to the pipes and other appurtenances of the proposed source of water to

6-42  which the property will be connected is not more than 180 feet;

6-43  (b) The deepening or repair of the well would require the use of a well-

6-44  drilling rig; and

6-45  (c) The person proposing to deepen or repair the well will be offered

6-46  financial assistance to pay at least 50 percent but not more than 85 percent,

6-47  as determined by the entity providing the financial assistance, of the cost of

6-48  the local and regional connection fees and capital improvements necessary

6-49  for making the connection to the proposed source of water.

7-1  In a basin that has a water authority that has a ground water management

7-2  program, the state engineer shall not prohibit the deepening or repair of a

7-3  well unless the water authority abandons and plugs the well and pays the

7-4  costs related thereto. If there is not a water authority in the basin that has a

7-5  ground water management program, the person shall abandon and plug his

7-6  well in accordance with the rules of the state engineer.

7-7    6.  For good and sufficient reasons , the state engineer may exempt the

7-8  provisions of this section with respect to public housing authorities.

7-9    Sec. 6.  1.  This act becomes effective on July 1, 2001.

7-10  2.  Section 5 of this act expires by limitation on July 1, 2005.

 

7-11  H