Senate Bill No. 161–Committee on Natural Resources

 

CHAPTER..........

 

AN ACT relating to water controls; requiring an applicant for a permit to operate certain privately owned public water systems to provide documentation that the applicant possesses water rights that are sufficient to operate the system; 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 445A.895 is hereby amended to read as follows:

   445A.895  A permit to operate a water system may not be issued

 pursuant to NRS 445A.885 unless all [of] the following conditions are

 met:

   1.  Neither water provided by a public utility nor water provided by a

 municipality or other public entity is available to the persons to be served

 by the water system.

   2.  The applicant fully complies with all [of] the conditions of NRS

 445A.885 to 445A.915, inclusive.

   3.  The applicant submits to the state board of health or the health

 authority designated by the state board of health documentation issued

 by the state engineer which sets forth that the applicant holds water

 rights that are sufficient to operate the water system.

   4.  The local governing body assumes:

   (a) Responsibility in case of default by the builder or developer of the

 water system for its continued operation and maintenance in accordance

 with all [of] the terms and conditions of the permit.

   (b) The duty of assessing the lands served as provided in subsection [5.]

 6.

   [4.] 5.  The applicant furnishes the local governing body sufficient

 surety in the form of a bond, certificate of deposit, investment certificate

 or any other form acceptable to the governing body, to ensure the

 continued maintenance and operation of the water system:

   (a) For 5 years following the date the system is placed in operation; or

   (b) Until 75 percent of the lots or parcels served by the system are

sold,

whichever is later.

   [5.] 6.  The owners of the lands to be served by the water system

 record a declaration of covenants, conditions and restrictions, which is an

 equitable servitude running with the land and which must provide that

 each lot or parcel will be assessed by the local governing body for its

 proportionate share of the cost of continued operation and maintenance of

 the water system if there is a default by the applicant or operator of the

 water system and a sufficient surety, as provided in subsection [4,] 5, is

 not available.

   [6.] 7.  If the water system uses or stores ozone, the portion of the

 system where ozone is used or stored must be constructed not less than

 100 feet from any existing residence, unless the owner and occupant of

 each residence located closer than 100 feet consent to the construction of

 the system at a closer distance.

   [7.] 8.  The declaration of covenants, conditions and restrictions

recorded by the owners of the lands further provides that if the state board

 of health determines that:

   (a) The water system is not satisfactorily serving the needs of its users;

 and

   (b) Water provided by a public utility or a municipality or other public

 entity is reasonably available,

the local governing body may, pursuant to NRS 244.3655 or 268.4102,

 require all users of the water system to connect into the available water

 system provided by a public utility or a municipality or other public entity,

 and each lot or parcel will be assessed by the local governing body for its

 proportionate share of the costs associated with connecting into that water

 system. If the water system is being connected into a public utility, the

 public utilities commission of Nevada shall determine the amount of the

 assessments for the purposes of establishing a lien pursuant to NRS

 445A.900.

   [8.] 9.  Provision has been made for disposition of the water system

 and the land on which it is situated after the local governing body requires

 all users to connect into an available water system provided by a public

 utility or a municipality or other public entity.

   Sec. 2.  NRS 445A.910 is hereby amended to read as follows:

   445A.910  1.  If the state board of health has found that any of the

 conditions of a permit to operate [such] a water system issued pursuant to

 NRS 445A.885 are being violated and has notified the holder of the permit

 that he must bring the water system into compliance, but the holder of the

 permit has failed to comply within a reasonable time after the date of the

 notice, the local governing body, if requested to do so in writing by the

 state board of health, may take the following actions independently of any

 further action by the state board of health:

   (a) Give written notice, by certified mail, to the owner of the water

 system and the owners of the property served by the system that if the

 violation is not corrected within 30 days after the date of the notice, the

 local governing body will seek a court order authorizing it to assume

 control; and

   (b) After the 30-day period has expired, if the water system has not been

 brought into compliance, apply to the district court for an order

 authorizing the local governing body to assume control of the system and

 assess the property for the continued operation and maintenance of the

 system as provided in subsection [5] 6 of NRS 445A.895.

   2.  If the local governing body determines at any time that immediate

 action is necessary to protect the public health and welfare, it may assume

 physical control and operation of a water system without complying with

 any of the requirements set forth in subsection 1. The local governing

 body may not maintain control of a water system pursuant to this

 subsection for a period greater than 30 days unless it obtains an order from

 the district court authorizing an extension.

   Sec. 3.  This act becomes effective on July 1, 2001.

 

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