Nevada Assembly Bill AB91

Nevada 2023 Regular Session

• Refer: 1/30/23
• Introduced: 2/6/23
• Report Pass: 4/20/23
• Engrossed: 4/25/23
• Refer: 4/25/23
• Report Pass: 5/19/23
• Enrolled: 5/29/23
• Chaptered: 5/31/23
• Passed: 5/31/23

Caption

Revises provisions governing water. (BDR 48-696)

Impact

This bill allows property owners who hold water appropriation rights to sink or bore replacement wells on public lands without needing to secure an application for a permit, provided specific distance requirements are met. The replacement well's site must be within 300 feet of the original well's location. Furthermore, it mandates that such actions must be communicated to relevant federal agencies and comply with applicable federal regulations, ensuring that state and federal laws are harmonized regarding water rights on public lands.

Summary

Assembly Bill No. 91, introduced by Assemblyman DeLong, seeks to revise provisions governing water rights in Nevada, specifically addressing the processes related to the sinking or boring of replacement wells for previously appropriated water. Currently, state law mandates that individuals must apply for a permit if they wish to change the place of diversion of water. The bill proposes to expand the existing exceptions to this requirement to include conditions for wells on public lands, thereby streamlining the process for well owners.

Contention

While AB91 seems to facilitate easier access to replacing wells, potential contention surrounds the bill's implications on resource management and environmental protections. Proponents assert that it decreases bureaucratic burdens and enhances water management efficiency, especially for landowners needing to maintain water access. However, critics may argue that such a lapse in regulatory oversight could lead to over-extraction or mismanagement of groundwater resources, thereby impacting both the environment and communities dependent on these water sources. The lack of additional checks could raise concerns regarding long-term sustainability.