Assembly Bill No. 403–Assemblymen Sherer, Knecht, Brown, Collins, Conklin, Hettrick and Marvel

 

March 17, 2003

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Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions governing forfeiture of certain water rights. (BDR 48‑818)

 

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; providing that forfeiture of certain water rights is tolled if the Governor declares a drought; requiring the Governor to declare a drought under certain circumstances; 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 534.090 is hereby amended to read as follows:

1-2  534.090  1.  Except as otherwise provided in this section,

1-3  failure for 5 successive years after April 15, 1967, on the part of the

1-4  holder of any right, whether it is an adjudicated right, an

1-5  unadjudicated right, or a permitted right, and further whether the

1-6  right is initiated after or before March 25, 1939, to use beneficially

1-7  all or any part of the underground water for the purpose for which

1-8  the right is acquired or claimed, works a forfeiture of both

1-9  undetermined rights and determined rights to the use of that water to

1-10  the extent of the nonuse. For water rights in basins for which the

1-11  State Engineer keeps pumping records, if the records of the State

1-12  Engineer indicate at least 4 consecutive years, but less than 5

1-13  consecutive years, of nonuse of all or any part of such a water right

1-14  which is governed by this chapter, the State Engineer shall notify

1-15  the owner of the water right, as determined in the records of the

1-16  Office of the State Engineer, by registered or certified mail that he

2-1  has 1 year after the date of the notice in which to use the water right

2-2  beneficially and to provide proof of such use to the State Engineer

2-3  or apply for relief pursuant to subsection 2 to avoid forfeiting the

2-4  water right. If, after 1 year after the date of the notice, proof of

2-5  beneficial use is not sent to the State Engineer, the State Engineer

2-6  shall, unless he has granted a request to extend the time necessary to

2-7  work a forfeiture of the water right, declare the right forfeited within

2-8  30 days. Upon the forfeiture of a right to the use of ground water,

2-9  the water reverts to the public and is available for further

2-10  appropriation, subject to existing rights. If, upon notice by registered

2-11  or certified mail to the owner of record whose right has been

2-12  declared forfeited, the owner of record fails to appeal the ruling in

2-13  the manner provided for in NRS 533.450, and within the time

2-14  provided for therein, the forfeiture becomes final. The failure to

2-15  receive a notice pursuant to this subsection does not nullify the

2-16  forfeiture or extend the time necessary to work the forfeiture of a

2-17  water right.

2-18      2.  The State Engineer may, upon the request of the holder of

2-19  any right described in subsection 1, extend the time necessary to

2-20  work a forfeiture under that subsection if the request is made before

2-21  the expiration of the time necessary to work a forfeiture. The State

2-22  Engineer may grant, upon request and for good cause shown, any

2-23  number of extensions, but a single extension must not exceed 1 year.

2-24  In determining whether to grant or deny a request, the State

2-25  Engineer shall, among other reasons, consider:

2-26      (a) Whether the holder has shown good cause for his failure to

2-27  use all or any part of the water beneficially for the purpose for

2-28  which his right is acquired or claimed;

2-29      (b) The unavailability of water to put to a beneficial use which is

2-30  beyond the control of the holder;

2-31      (c) Any economic conditions or natural disasters which made

2-32  the holder unable to put the water to that use; and

2-33      (d) Whether the holder has demonstrated efficient ways of using

2-34  the water for agricultural purposes, such as center-pivot

2-35  irrigation.

2-36  The State Engineer shall notify, by registered or certified mail, the

2-37  owner of the water right, as determined in the records of the Office

2-38  of the State Engineer, of whether he has granted or denied the

2-39  holder’s request for an extension pursuant to this subsection.

2-40      3.  If the failure to use the water pursuant to subsection 1 is

2-41  because of the use of center-pivot irrigation before July 1, 1983, and

2-42  such use could result in a forfeiture of a portion of a right, the State

2-43  Engineer shall, by registered or certified mail, send to the owner of

2-44  record a notice of intent to declare a forfeiture. The notice must

2-45  provide that the owner has at least 1 year from the date of the notice

3-1  to use the water beneficially or apply for additional relief pursuant

3-2  to subsection 2 before forfeiture of his right is declared by the State

3-3  Engineer.

3-4  4.  If the Governor declares a drought pursuant to this

3-5  subsection, the time limitation set forth in subsection 1 is tolled for

3-6  1 year. The Governor shall declare a drought for the purposes of

3-7  this subsection for a hydrographic basin which the Palmer

3-8  Drought Severity Index indicates on weekly maps has extreme

3-9  drought conditions more than 8 consecutive weeks.

3-10      5.  A right to use underground water whether it is vested or

3-11  otherwise may be lost by abandonment. If the State Engineer, in

3-12  investigating a ground water source, upon which there has been a

3-13  prior right, for the purpose of acting upon an application to

3-14  appropriate water from the same source, is of the belief from his

3-15  examination that an abandonment has taken place, he shall so state

3-16  in his ruling approving the application. If, upon notice by registered

3-17  or certified mail to the owner of record who had the prior right, the

3-18  owner of record of the prior right fails to appeal the ruling in the

3-19  manner provided for in NRS 533.450, and within the time provided

3-20  for therein, the alleged abandonment declaration as set forth by the

3-21  State Engineer becomes final.

3-22      Sec. 2.  This act becomes effective on July 1, 2003.

 

3-23  H