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 for purposes of watering livestock. (BDR 48‑670)

 

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; revising the restrictions on the issuance of permits to appropriate water for the purpose of watering livestock 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 533.040 is hereby amended to read as follows:

1-2  533.040  1.  Except as otherwise provided in this section, any

1-3  water used in this state for beneficial purposes shall be deemed to

1-4  remain appurtenant to the place of use.

1-5  2.  If at any time it is impracticable to use water beneficially or

1-6  economically at the place to which it is appurtenant, the right may

1-7  be severed from the place of use and be simultaneously transferred

1-8  and become appurtenant to another place of use, in the manner

1-9  provided in this chapter, without losing priority of right.

1-10      3.  The provisions of this section do not apply to a ditch or

1-11  canal company that appropriates water for diversion and

1-12  transmission to the lands of private persons for an annual charge.

2-1  4.  For the purposes of this section, a surface water right

2-2  acquired by a water user in a federal reclamation project may be

2-3  considered appurtenant to an entire farm, instead of specifically

2-4  identifiable land within that farm, upon the granting of a permit for

2-5  the change of place of use by the State Engineer which designates

2-6  the place of use as the entire farm. The quantity of water available

2-7  for use on that farm must not exceed the total amount determined by

2-8  applicable decrees as designated in the permit granted by the State

2-9  Engineer.

2-10      5.  For the purposes of this section, a water right acquired for

2-11  watering livestock by a person who owns, leases or otherwise

2-12  possesses a legal or proprietary interest in the livestock being

2-13  watered is appurtenant to:

2-14      (a) The land on which the livestock is watered if the land is

2-15  owned by the person who possesses a legal or proprietary interest

2-16  in the livestock; or

2-17      (b) Other land which is located in this state, is benefited by the

2-18  livestock being watered and is capable of being used in

2-19  conjunction with the livestock operation of the person who owns

2-20  the land if that land is owned by the person who possesses the

2-21  legal or proprietary interest in the livestock being watered.

2-22      6.  The provisions of subsection 5 must not be construed:

2-23      (a) To impair a vested right or other existing water right

2-24  established before the effective date of this act of a person to the

2-25  use of water for the purpose of watering livestock; or

2-26      (b) To prevent any transfer of ownership of a water right for

2-27  the purpose of watering livestock.

2-28      7.  As used in this section, “farm” means a tract of land under

2-29  the same ownership that is primarily used for agricultural purposes.

2-30      Sec. 2.  NRS 533.503 is hereby amended to read as follows:

2-31      533.503  1.  The State Engineer shall not issue[:

2-32      (a) A] a permit to appropriate water for the purpose of watering

2-33  livestock [on public lands unless the] unless:

2-34      (a) The applicant for the permit is legally entitled to place the

2-35  livestock on the [public] lands for which the permit is sought[.

2-36      (b) A] , and:

2-37          (1) Owns, leases or otherwise possesses a legal or

2-38  proprietary interest in the livestock on or to be placed on the lands

2-39  for which the permit is sought; or

2-40          (2) Has received from a person described in subparagraph

2-41  (1), authorization to have physical custody of the livestock on or to

2-42  be placed on the lands for which the permit is sought, and

2-43  authorization to care for, control and maintain such livestock;

 

3-1  (b) The forage serving the beneficial use of the water to be

3-2  appropriated is not encumbered by an adjudicated grazing

3-3  preference recognized pursuant to law for the benefit of a person

3-4  other than the applicant for the permit; and

3-5  (c) The lack of encumbrance required by paragraph (b) is

3-6  demonstrated by reasonable means, including, without limitation,

3-7  evidence of a valid grazing permit, other than a temporary grazing

3-8  permit, that is issued by the appropriate governmental entity to the

3-9  applicant for the permit.

3-10      2.  The State Engineer shall not issue a certificate of

3-11  appropriation based upon a permit to appropriate water for the

3-12  purpose of watering livestock [on public lands unless the person

3-13  who] unless:

3-14      (a) The holder of the permit makes satisfactory proof that the

3-15  water has been beneficially used , is legally entitled to place on

3-16  the [land] lands the livestock which have been watered pursuant to

3-17  the permit[.

3-18      2.] , and:

3-19          (1) Owns, leases or otherwise possesses a legal or

3-20  proprietary interest in the livestock which have been watered

3-21  pursuant to the permit; or

3-22          (2) Has received from a person described in subparagraph

3-23  (1), authorization to have physical custody of the livestock which

3-24  have been watered pursuant to the permit, and authorization to

3-25  care for, control and maintain such livestock;

3-26      (b) The forage serving the beneficial use of the water that has

3-27  been beneficially used is not encumbered by an adjudicated

3-28  grazing preference recognized pursuant to law for the benefit of a

3-29  person other than the holder of the permit; and

3-30      (c) The lack of encumbrance required by paragraph (b) is

3-31  demonstrated by reasonable means, including, without limitation,

3-32  evidence of a valid grazing permit, other than a temporary grazing

3-33  permit, that is issued by the appropriate governmental entity to the

3-34  holder of the permit.

3-35      3. This section must not be construed to impair the vested right

3-36  of any person to the use of water for the purpose of watering

3-37  livestock or to prevent any transfer of ownership of a water right for

3-38  the purpose of watering livestock.

3-39      4.  As used in this section, “grazing preference” means a

3-40  priority position in the issuance of a permit to graze livestock on

3-41  the public range.

3-42      Sec. 3.  The amendatory provisions of this act do not apply to a

3-43  permit to appropriate water for the purposes of watering livestock or

3-44  a certificate of appropriation based upon such a permit if the permit

3-45  was issued by the State Engineer before the effective date of this act,

4-1  regardless of whether such a permit or certificate is transferred after

4-2  that date.

4-3  Sec. 4.  This act becomes effective upon passage and approval.

 

4-4  H