Senate Bill No. 76–Committee on Natural Resources

 

(On Behalf of Legislative Committee on
Public Lands (NRS 218.5363))

 

February 11, 2003

____________

 

Referred to Committee on Natural Resources

 

SUMMARY—Revises provisions governing acquisition of water rights on public grazing lands for purposes of watering livestock. (BDR 48‑670)

 

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; revising the restrictions on the issuance of permits to appropriate water for the purpose of watering livestock on public grazing lands and certificates of appropriation based upon such permits; 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 533.503 is hereby amended to read as follows:

1-2  533.503  1.  The State Engineer shall not issue[:

1-3  (a) A] a permit to appropriate water for the purpose of watering

1-4  livestock on public grazing lands unless [the] :

1-5  (a) The applicant for the permit , or if the application is for a

1-6  joint permit at least one of the applicants for the permit, is legally

1-7  entitled to place the livestock on the public grazing lands for which

1-8  the permit is sought[.

1-9  (b) A] , and:

1-10          (1) Owns, leases or otherwise possesses a legal or

1-11  proprietary interest in the livestock on or to be placed on the

1-12  public grazing lands for which the permit is sought; or

2-1       (2) Has received from a person described in subparagraph

2-2  (1), authorization to have physical custody of the livestock on or to

2-3  be placed on the public grazing lands for which the permit is

2-4  sought, and authorization to care for, control and maintain such

2-5  livestock;

2-6  (b) If the application is for a joint permit, each applicant for

2-7  the permit, to the extent authorized by law, agrees to contribute to:

2-8       (1) The means for putting to beneficial use the water for

2-9  which the permit is sought; and

2-10          (2) The development, using the procedures administered by

2-11  the State Engineer, of the water rights for which the permit is

2-12  sought;

2-13      (c) The forage serving the beneficial use of the water to be

2-14  appropriated is not encumbered by an adjudicated grazing

2-15  preference recognized pursuant to federal law for the benefit of a

2-16  person who is not listed as an applicant on the application for the

2-17  permit; and

2-18      (d) The lack of encumbrance required by paragraph (c) is

2-19  demonstrated by reasonable means, including, without limitation,

2-20  evidence of a valid grazing permit, other than a temporary grazing

2-21  permit, that is issued by the appropriate governmental entity to the

2-22  applicant, or if the application is for a joint permit to at least one

2-23  of the applicants for the permit.

2-24      2.  The State Engineer shall not issue a certificate of

2-25  appropriation based upon a permit to appropriate water for the

2-26  purpose of watering livestock on public grazing lands unless [the

2-27  person] :

2-28      (a) The applicant for the certificate, or if the application is for

2-29  a joint certificate at least one of the applicants for the certificate,

2-30  who makes satisfactory proof that the water has been beneficially

2-31  used is legally entitled to place on the [land] public grazing lands

2-32  the livestock which have been watered pursuant to the permit[.

2-33      2.] , and:

2-34          (1) Owns, leases or otherwise possesses a legal or

2-35  proprietary interest in the livestock which have been watered

2-36  pursuant to the permit; or

2-37          (2) Has received from a person described in subparagraph

2-38  (1), authorization to have physical custody of the livestock which

2-39  have been watered pursuant to the permit, and authorization to

2-40  care for, control and maintain such livestock;

2-41      (b) If the application is for a joint certificate, each applicant

2-42  for the certificate, to the extent authorized by law, has contributed

2-43  to:

2-44          (1) The means for putting to beneficial use the water for

2-45  which the certificate is sought; and

3-1       (2) The development, using procedures administered by the

3-2  State Engineer, of the water rights for which the certificate is

3-3  sought;

3-4  (c) The forage serving the beneficial use of the water that has

3-5  been beneficially used is not encumbered by an adjudicated

3-6  grazing preference recognized pursuant to federal law for the

3-7  benefit of a person who is not listed as an applicant on the

3-8  application for the certificate; and

3-9  (d) The lack of encumbrance required by paragraph (c) is

3-10  demonstrated by reasonable means, including, without limitation,

3-11  evidence of a valid grazing permit, other than a temporary grazing

3-12  permit, that is issued by the appropriate governmental entity to the

3-13  applicant, or if the application is for a joint certificate to at least

3-14  one of the applicants for the certificate.

3-15      3. This section must not be construed to impair the vested right

3-16  of any person to the use of water for the purpose of watering

3-17  livestock or to prevent any transfer of ownership of a water right for

3-18  the purpose of watering livestock.

3-19      4.  As used in this section:

3-20      (a) “Grazing preference” means a priority position in the

3-21  issuance of a permit to graze livestock on public grazing lands.

3-22      (b) “Public grazing lands” means lands managed by a federal

3-23  governmental agency on which livestock are authorized to graze,

3-24  including, without limitation, lands set apart as national forests

3-25  and lands reserved for other purposes. The term does not include

3-26  private lands or lands that are held in trust for Indian purposes or

3-27  that are Indian reservations.

3-28      Sec. 2.  The provisions of this act do not apply to a permit to

3-29  appropriate water for purposes of watering livestock on public

3-30  grazing lands or a certificate of appropriation based upon such a

3-31  permit that is issued by the State Engineer before October 1, 2003,

3-32  regardless of whether such a permit or certificate is transferred after

3-33  that date.

 

3-34  H