ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
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Receded Not | Receded Not
Amend the bill as a whole by renumbering sections 1 and 2 as sections 6 and 7 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:
“Section 1. Chapter 533 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The State Engineer shall not issue a permit to appropriate water for the purpose of watering livestock unless:
(a) The applicant for the permit, or if the application for the permit is made by two or more applicants at least one of the applicants for the permit, is legally entitled to place the livestock on the lands for which the permit is sought, and:
(1) Owns, leases or otherwise possesses a legal or proprietary interest in the livestock on or to be placed on the lands for which the permit is sought; or
(2) Has received from a person described in subparagraph (1), authorization to have physical custody of the livestock on or to be placed on the lands for which the permit is sought, and authorization to care for, control and maintain such livestock;
(b) If the application for the permit is made by two or more applicants, each applicant for the permit, to the extent authorized by law, agrees to contribute to:
(1) The means for putting to beneficial use the water for which the permit is sought; and
(2) The development, using the procedures administered by the State Engineer, of the water rights for which the permit is sought;
(c) The forage serving the beneficial use of the water to be appropriated is not encumbered by an adjudicated grazing preference recognized pursuant to federal law for the benefit of a person other than the applicant for the permit, or if the application for the permit is made by two or more applicants, for the benefit of a person other than at least one of the applicants for the permit; and
(d) The lack of encumbrance required by paragraph (c) is demonstrated by reasonable means, including, without limitation, evidence of a valid grazing permit, other than a temporary grazing permit, that is issued by the appropriate governmental entity to the applicant, or if the application for the permit is made by two or more applicants to at least one of the applicants for the permit.
2. The State Engineer shall not issue a certificate of appropriation based upon a permit to appropriate water for the purpose of watering livestock unless:
(a) The holder of the permit, or if the permit is held by two or more persons at least one of those persons, makes satisfactory proof that the water has been beneficially used, is legally entitled to place on the lands the livestock which have been watered pursuant to the permit, and:
(1) Owns, leases or otherwise possesses a legal or proprietary interest in the livestock which have been watered pursuant to the permit; or
(2) Has received from a person described in subparagraph (1), authorization to have physical custody of the livestock which have been watered pursuant to the permit, and authorization to care for, control and maintain such livestock;
(b) If the permit is held by two or more persons, each person who holds the permit, to the extent authorized by law, has contributed to:
(1) The means for putting to beneficial use the water for which the certificate is sought; and
(2) The development, using the procedures administered by the State Engineer, of the water rights for which the certificate is sought;
(c) The forage serving the beneficial use of the water that has been beneficially used is not encumbered by an adjudicated grazing preference recognized pursuant to federal law for the benefit of a person other than the holder of the permit, or if the permit is held by two or more persons, for the benefit of a person other than at least one of the holders of the permit; and
(d) The lack of encumbrance required by paragraph (c) is demonstrated by reasonable means, including, without limitation, evidence of a valid grazing permit, other than a temporary grazing permit, that is issued by the appropriate governmental entity to the holder of the permit, or if the permit is held by two or more persons to at least one of the holders of the permit.
3. This section must not be construed to impair the vested right of any person to the use of water for the purpose of watering livestock or to prevent any transfer of ownership of a water right for the purpose of watering livestock.
4. As used in this section, “grazing preference” means a priority position in the issuance of a permit to graze livestock on the public range.
Sec. 2. NRS 533.040 is hereby amended to read as follows:
533.040 1. Except as otherwise provided in this section, any water used in this state for beneficial purposes shall be deemed to remain appurtenant to the place of use.
2. If at any time it is impracticable to use water beneficially or economically at the place to which it is appurtenant, the right may be severed from the place of use and be simultaneously transferred and become appurtenant to another place of use, in the manner provided in this chapter, without losing priority of right.
3. The provisions of this section do not apply to a ditch or canal company that appropriates water for diversion and transmission to the lands of private persons for an annual charge.
4. For the purposes of this section, a surface water right acquired by a water user in a federal reclamation project may be considered appurtenant to an entire farm, instead of specifically identifiable land within that farm, upon the granting of a permit for the change of place of use by the State Engineer which designates the place of use as the entire farm. The quantity of water available for use on that farm must not exceed the total amount determined by applicable decrees as designated in the permit granted by the State Engineer.
5. For the purposes of this section, a water right acquired for watering livestock by a person who owns, leases or otherwise possesses a legal or proprietary interest in the livestock being watered is appurtenant to:
(a) The land on which the livestock is watered if the land is owned by the person who possesses a legal or proprietary interest in the livestock; or
(b) The land located contiguous to the land on which the livestock is watered if that contiguous land is owned by the person who possesses the legal or proprietary interest in the livestock being watered.
6. The provisions of subsection 5 must not be construed:
(a) To impair a vested right or other existing water right established before the effective date of this act of a person to the use of water for the purpose of watering livestock; or
(b) To prevent any transfer of ownership of a water right for the purpose of watering livestock.
7. As used in this section, “farm” means a tract of land under the same ownership that is primarily used for agricultural purposes.
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,] section 1 of this act, 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
(c) The applicant provides proof satisfactory to the State Engineer of:
(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;
(c) Whether the proposed action is environmentally sound as it relates 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 must be 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 533.425 is hereby amended to read as follows:
533.425 1. Except as otherwise provided in [NRS 533.503,] section 1 of this act, as soon as practicable after satisfactory proof has been made to the State Engineer that any application to appropriate water or any application for permission to change the place of diversion, manner or place of use of water already appropriated has been perfected in accordance with the provisions of this chapter, the State Engineer shall issue to the holder or holders of the permit a certificate setting forth:
(a) The name and post office address of each holder of the permit.
(b) The date, source, purpose and amount of appropriation.
(c) If for irrigation, a description of the irrigated lands by legal subdivisions, when possible, to which the water is appurtenant.
(d) The number of the permit under which the certificate is issued.
2. If the water is appropriated from an underground source, the State Engineer shall issue with the certificate a notice of the provisions governing the forfeiture and abandonment of such water rights. The notice must set forth the provisions of NRS 534.090.
Sec. 5. NRS 533.485 is hereby amended to read as follows:
533.485 As used in NRS 533.485 to 533.510, inclusive [:] , and section 1 of this act:
1. “Public range” means all lands belonging to the United States and to the State of Nevada on which livestock are permitted to graze, including lands set apart as national forests and lands reserved for other purposes.
2. “Range livestock” shall mean livestock which during the general period or season when they are being or are proposed to be watered at the place involved shall be subsisting chiefly or entirely by grazing on the public range.”.
Amend section 1, page 1, by deleting lines 4 through 7 and inserting:
“livestock [on public lands unless the] unless:
(a) The applicant for the permit is legally entitled to place the livestock on the [public] lands for which”.
Amend section 1, page 1, line 12, by deleting “public grazing”.
Amend section 1, page 2, line 3, by deleting “public grazing”.
Amend section 1, page 2, by deleting lines 6 through 12.
Amend section 1, page 2, line 13, by deleting “(c)” and inserting “(b)”.
Amend section 1, page 2, by deleting lines 16 through 31 and inserting:
“person other than the applicant for the permit; and
(c) The lack of encumbrance required by paragraph (b) is demonstrated by reasonable means, including, without limitation, evidence of a valid grazing permit, other than a temporary grazing permit, that is issued by the appropriate governmental entity to the applicant for the permit.
2. The State Engineer shall not issue a certificate of appropriation based upon a permit to appropriate water for the purpose of watering livestock [on public lands unless the person who] unless:
(a) The holder of the permit makes satisfactory proof that the water has been beneficially used , is legally entitled to place on the [land] lands”.
Amend section 1, pages 2 and 3, by deleting lines 41 through 45 on page 2 and lines 1 through 3 on page 3.
Amend section 1, page 3, line 4, by deleting “(c)” and inserting “(b)”.
Amend section 1, page 3, by deleting lines 7 through 9 and inserting:
“benefit of a person other than the holder of the permit; and
(c) The lack of encumbrance required by paragraph (b) is”.
Amend section 1, page 3, by deleting lines 13 and 14 and inserting:
“holder of the permit.”.
Amend section 1, page 3, by deleting lines 19 through 27 and inserting:
“4. As used in this section, “grazing preference” means a priority position in the issuance of a permit to graze livestock on the public range.”.
Amend sec. 2, page 3, by deleting lines 28 through 31 and inserting:
“Sec. 7. The provisions of sections 2 and 6 of this act do not apply to a permit to appropriate water for the purposes of watering livestock or a certificate of appropriation based upon such a permit if the permit was issued by the State Engineer before the effective date of this act,”.
Amend the bill as a whole by adding new sections designated sections 8 and 9, following sec. 2, to read as follows:
“Sec. 8. The provisions of sections 1, 3, 4 and 5 of this act do not apply to a permit to appropriate water for the purposes of watering livestock or a certificate of appropriation based upon such a permit if the permit is issued by the State Engineer before the date on which sections 1, 3, 4 and 5 become effective, regardless of whether such a permit or certificate is transferred after that date.
Sec. 9. 1. This section and sections 2, 6 and 7 of this act become effective upon passage and approval.
2. If a court of competent jurisdiction invalidates all or part of section 6 of this act and an event described in paragraph (a), (b) or (c) of this subsection occurs on or before July 1, 2013, sections 2 and 6 of this act expire by limitation on:
(a) The date on which the court of last resort upholds the final decision of the court of competent jurisdiction invalidating all or part of section 6 of this act;
(b) The date on which the court of last resort declines to review the final decision of the court of competent jurisdiction invalidating all or part of section 6 of this act; or
(c) The date of the day following the day on which the time for filing an appeal of the decision of the court of competent jurisdiction invalidating all or part of section 6 of this act expires, if no appeal is filed within that time,
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whichever occurs first. If none of the events described in
paragraphs (a), (b) and (c) of this subsection occur on or before July 1, 2013,
sections 2 and 6 of this act do not expire by limitation pursuant to this act.
3. Sections 1, 3, 4, 5 and 8 of this act become effective on the date on which sections 2 and 6 of this act expire by limitation, if and only if, sections 2 and 6 of this act expire by limitation on or before July 1, 2013.
4. As used in this section, “court of last resort” means the court having the authority to consider the final appeal of the case.”.
Amend the title of the bill, third line, by deleting:
“on public grazing lands”.
Amend the summary of the bill to read as follows: