A.B. 134
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ASSEMBLY BILL NO. 134–COMMITTEE ON NATURAL RESOURCES
(ON BEHALF OF THE JOINT INTERIM STANDING
COMMITTEE ON NATURAL RESOURCES)
PREFILED JANUARY 28, 2025
____________
Referred to Committee on Natural Resources
SUMMARY—Establishes provisions relating to water conservation.
(BDR 48-379)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to water; authorizing the holder of a perfected
water right to file a water conservation plan and
establishing provisions relating to water conservation
plans; revising the policy of this State concerning the
conservation of water; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, the State Engineer is charged with managing the 1
appropriation of water in this State. (Title 48 of NRS) Section 1 of this bill: (1) 2
authorizes a holder of a perfected water right to submit a water conservation plan to 3
the State Engineer for approval; (2) sets forth certain requirements for such a plan; 4
and (3) authorizes the State Engineer to require a person who submits such a plan to 5
submit periodic statements of the amount of water that is conserved under the plan. 6
Section 1 prohibits: (1) the State Engineer from charging a fee for the submission 7
of a water conservation plan; and (2) a person holding a perfected water right that is 8
subject to water conservation plan from changing the place of diversion, manner of 9
use or place of use of the perfected water right during the term of the water 10
conservation plan. 11
Section 2 of this bill declares the policy of this State to promote and encourage 12
the conservation, development, augmentation and efficient use of the waters of this 13
State. 14
Existing law establishes procedures for the abandonment and forfeiture of 15
water rights. (NRS 533.060, 534.090) Sections 1, 3 and 6 of this bill provide that 16
such provisions do not apply to a perfected water right that is subject to a water 17
conservation plan. 18
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Sections 4 and 5 of this bill require the State Engineer to reject an application 19
for a permit to appropriate water if the proposed use conflicts with existing rights, 20
including, without limitation, existing rights that are subject to a water conservation 21
plan. (NRS 533.370, 533.371) 22
Existing law requires that each right of an appropriator to appropriate 23
groundwater allows for a reasonable lowering of the static water level at the 24
appropriator’s point of diversion. Existing law further provides that the State 25
Engineer is not prevented from granting permits to appropriate groundwater later in 26
time on the basis that the diversion under the proposed later appropriations may 27
cause the water level to be lowered at the point of diversion of a prior appropriator, 28
so long as any protectable interests in existing domestic wells and the rights of 29
holders of existing appropriations can be satisfied under such conditions. (NRS 30
534.110) Section 7 of this bill includes any existing rights that are subject to a 31
water conservation plan in the types of rights that must be protected when the State 32
Engineer grants such a permit. 33
Existing law establishes certain powers and duties of the State Engineer in 34
certain designated groundwater basins. (NRS 534.120) Section 8 of this bill 35
authorizes the State Engineer to approve a water conservation plan in such 36
designated basins. 37
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 533 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. A person who holds a perfected water right, may submit a 3
water conservation plan to the State Engineer for approval. The 4
plan must be on a form prescribed by the State Engineer and must 5
include: 6
(a) The name and mailing address of the person; 7
(b) A description of each perfected water right that will be 8
subject to the plan, including, without limitation, the certificate 9
number of the perfected water right; 10
(c) The point of diversion and beneficial use of each perfected 11
water right that is subject to the plan; 12
(d) A description of the practices of water conservation that 13
have been or will be used to conserve water; 14
(e) The term for which the plan will be implemented, which 15
may not exceed 10 years; 16
(f) A statement that the person voluntarily submitted the plan; 17
(g) A statement that the intent of the plan is to temporarily 18
reduce the use or diversion of water; 19
(h) A statement that the practices of water conservation 20
described in the plan will contribute to the practical and 21
economical management, conservation and use of water in this 22
State; and 23
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(i) A statement that the person who holds the perfected water 1
right that is subject to the plan does not intend to abandon or 2
forfeit the perfected water right during the term of the plan. 3
2. The owner of a perfected water right that is subject to a 4
water conservation plan may submit a subsequent water 5
conservation plan before the expiration of the current plan for 6
additional terms which may not exceed 10 years each. 7
3. The State Engineer may not charge a fee for the 8
submission of a water conservation plan pursuant to this section. 9
4. As a condition of approval, the State Engineer may require 10
a person who submits a water conservation plan pursuant to this 11
section to submit periodic statements of the amount of water that 12
is conserved under the water conservation plan once implemented. 13
5. If approved by the State Engineer, a person holding a 14
perfected water right that is subject to a water conservation plan 15
may not change the place of diversion, manner of use or place of 16
use of the perfected water right during the term of the water 17
conservation plan. 18
6. A perfected water right that is subject to a water 19
conservation plan: 20
(a) For which the holder of the perfected water right submits a 21
claim of a vested right pursuant to NRS 533.087 to 533.320, 22
inclusive, must be adjudicated in the same manner as all other 23
claims of vested rights; 24
(b) Constitutes water committed for use for the purposes of 25
NRS 533.0241; and 26
(c) Is not subject to abandonment or forfeiture pursuant to 27
NRS 533.060 or 534.090. 28
7. As used in this section, “perfected water right” means a 29
water right that has been finalized through the issuance of: 30
(a) A certificate of appropriation; or 31
(b) A court decree. 32
Sec. 2. NRS 533.024 is hereby amended to read as follows: 33
533.024 The Legislature declares that: 34
1. It is the policy of this State: 35
(a) To encourage and promote the use of effluent, where that use 36
is not contrary to the public health, safety or welfare, and where that 37
use does not interfere with federal obligations to deliver water of the 38
Colorado River. 39
(b) To recognize the importance of domestic wells as 40
appurtenances to private homes, to create a protectable interest in 41
such wells and to protect their supply of water from unreasonable 42
adverse effects which are caused by municipal, quasi-municipal or 43
industrial uses and which cannot reasonably be mitigated. 44
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(c) To encourage the State Engineer to consider the best 1
available science in rendering decisions concerning the available 2
surface and underground sources of water in Nevada. 3
(d) To encourage and promote the use of water to prevent or 4
reduce the spread of wildfire or to rehabilitate areas burned by 5
wildfire, including, without limitation, through the establishment of 6
vegetative cover that is resistant to fire. 7
(e) To manage conjunctively the appropriation, use and 8
administration of all waters of this State, regardless of the source of 9
the water. 10
(f) To promote and encourage the conservation, development, 11
augmentation and efficient use of the waters of this State through 12
the use of practices for the voluntary conservation of water, 13
including, without limitation, water conservation plans, crop 14
rotation or conversion, improved irrigation practices and 15
reductions in surface and seepage losses of water at the place of 16
use of water. 17
2. The procedures in this chapter for changing the place of 18
diversion, manner of use or place of use of water, and for 19
confirming a report of conveyance, are not intended to have the 20
effect of quieting title to or changing ownership of a water right and 21
that only a court of competent jurisdiction has the power to 22
determine conflicting claims to ownership of a water right. 23
Sec. 3. NRS 533.060 is hereby amended to read as follows: 24
533.060 1. Rights to the use of water must be limited and 25
restricted to as much as may be necessary, when reasonably and 26
economically used for irrigation and other beneficial purposes, 27
irrespective of the carrying capacity of the ditch. The balance of the 28
water not so appropriated must be allowed to flow in the natural 29
stream from which the ditch draws its supply of water, and must not 30
be considered as having been appropriated thereby. 31
2. Rights to the use of surface water shall not be deemed to be 32
lost or otherwise forfeited for the failure to use the water therefrom 33
for a beneficial purpose. 34
3. A surface water right that is appurtenant to land formerly 35
used primarily for agricultural purposes is not subject to a 36
determination of abandonment if the surface water right: 37
(a) Is appurtenant to land that has been converted to urban use; 38
or 39
(b) Has been dedicated to or acquired by a water purveyor, 40
public utility or public body for municipal use. 41
4. A surface water right that is subject to a water 42
conservation plan submitted pursuant to section 1 of this act is not 43
subject to a determination of abandonment. 44
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5. In a determination of whether a right to use surface water 1
has been abandoned, a presumption that the right to use the surface 2
water has not been abandoned is created upon the submission of 3
records, photographs, receipts, contracts, affidavits or any other 4
proof of the occurrence of any of the following events or actions 5
within a 10-year period immediately preceding any claim that the 6
right to use the water has been abandoned: 7
(a) The delivery of water; 8
(b) The payment of any costs of maintenance and other 9
operational costs incurred in delivering the water; 10
(c) The payment of any costs for capital improvements, 11
including works of diversion and irrigation; or 12
(d) The actual performance of maintenance related to the 13
delivery of the water. 14
[5.] 6. A prescriptive right to the use of the water or any of the 15
public water appropriated or unappropriated may not be acquired by 16
adverse possession. Any such right to appropriate any of the water 17
must be initiated by applying to the State Engineer for a permit to 18
appropriate the water as provided in this chapter. 19
[6.] 7. The State of Nevada reserves for its own present and 20
future use all rights to the use and diversion of water acquired 21
pursuant to chapter 462, Statutes of Nevada 1963, or otherwise 22
existing within the watersheds of Marlette Lake, Franktown Creek 23
and Hobart Creek and not lawfully appropriated on April 26, 1963, 24
by any person other than the Marlette Lake Company. Such a right 25
must not be appropriated by any person without the express consent 26
of the Legislature. 27
Sec. 4. NRS 533.370 is hereby amended to read as follows: 28
533.370 1. Except as otherwise provided in this section and 29
NRS 533.0241, 533.345, 533.371, 533.372 and 533.503, the State 30
Engineer shall approve an application submitted in proper form 31
which contemplates the application of water to beneficial use if: 32
(a) The application is accompanied by the prescribed fees; 33
(b) The proposed use or change, if within an irrigation district, 34
does not adversely affect the cost of water for other holders of water 35
rights in the district or lessen the efficiency of the district in its 36
delivery or use of water; and 37
(c) The applicant provides proof satisfactory to the State 38
Engineer of the applicant’s: 39
(1) Intention in good faith to construct any work necessary to 40
apply the water to the intended beneficial use with reasonable 41
diligence; and 42
(2) Financial ability and reasonable expectation actually to 43
construct the work and apply the water to the intended beneficial use 44
with reasonable diligence. 45
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2. Except as otherwise provided in subsection 10, where there 1
is no unappropriated water in the proposed source of supply, where 2
the groundwater that has not been committed for use has been 3
reserved pursuant to NRS 533.0241 or where its proposed use or 4
change conflicts with existing rights , including, without limitation, 5
existing rights that are subject to a water conservation plan 6
submitted pursuant to section 1 of this act, or with protectable 7
interests in existing domestic wells as set forth in NRS 533.024, or 8
threatens to prove detrimental to the public interest, the State 9
Engineer shall reject the application and refuse to issue the 10
requested permit. If a previous application for a similar use of water 11
within the same basin has been rejected on those grounds, the new 12
application may be denied without publication. 13
3. In addition to the criteria set forth in subsections 1 and 2, in 14
determining whether an application for an interbasin transfer of 15
groundwater must be rejected pursuant to this section, the State 16
Engineer shall consider: 17
(a) Whether the applicant has justified the need to import the 18
water from another basin; 19
(b) If the State Engineer determines that a plan for conservation 20
of water is advisable for the basin into which the water is to be 21
imported, whether the applicant has demonstrated that such a plan 22
has been adopted and is being effectively carried out; 23
(c) Whether the proposed action is environmentally sound as it 24
relates to the basin from which the water is exported; 25
(d) Whether the proposed action is an appropriate long-term use 26
which will not unduly limit the future growth and development in 27
the basin from which the water is exported; and 28
(e) Any other factor the State Engineer determines to be 29
relevant. 30
4. Except as otherwise provided in this subsection and 31
subsections 6 and 10 and NRS 533.365, the State Engineer shall 32
approve or reject each application within 2 years after the final date 33
for filing a protest. The State Engineer may postpone action: 34
(a) Upon written authorization to do so by the applicant. 35
(b) If an application is protested. 36
(c) If the purpose for which the application was made is 37
municipal use. 38
(d) In areas where studies of water supplies have been 39
determined to be necessary by the State Engineer pursuant to 40
NRS 533.368. 41
(e) Where court actions or adjudications are pending, which may 42
affect the outcome of the application. 43
(f) In areas in which adjudication of vested water rights is 44
deemed necessary by the State Engineer. 45
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(g) On an application for a permit to change a vested water right 1
in a basin where vested water rights have not been adjudicated. 2
(h) Where authorized entry to any land needed to use the water 3
for which the application is submitted is required from a 4
governmental agency. 5
(i) On an application for which the State Engineer has required 6
additional information pursuant to NRS 533.375. 7
5. If the State Engineer does not act upon an application in 8
accordance with subsections 4 and 6, the application remains active 9
until approved or rejected by the State Engineer. 10
6. Except as otherwise provided in this subsection and 11
subsection 10, the State Engineer shall approve or reject, within 6 12
months after the final date for filing a protest, an application filed to 13
change the point of diversion of water already appropriated when 14
the existing and proposed points of diversion are on the same 15
property for which the water has already been appropriated under 16
the existing water right or the proposed point of diversion is on real 17
property that is proven to be owned by the applicant and is 18
contiguous to the place of use of the existing water right. The State 19
Engineer may postpone action on the application pursuant to 20
subsection 4. 21
7. If the State Engineer has not approved, rejected or held a 22
hearing on an application within 7 years after the final date for filing 23
a protest, the State Engineer shall cause notice of the application to 24
be republished and reposted pursuant to NRS 533.360 immediately 25
preceding the time at which the State Engineer is ready to approve 26
or reject the application. The cost of the republication must be paid 27
by the applicant. After such republication and reposting, a protest 28
may be filed in accordance with NRS 533.365. 29
8. If a hearing is held regarding an application, the decision of 30
the State Engineer must be in writing and include findings of fact, 31
conclusions of law and a statement of the underlying facts 32
supporting the findings of fact. The written decision may take the 33
form of a transcription of an oral ruling. The rejection or approval of 34
an application must be endorsed on a copy of the original 35
application, and a record must be made of the endorsement in the 36
records of the State Engineer. The copy of the application so 37
endorsed must be returned to the applicant. Except as otherwise 38
provided in subsection 11, if the application is approved, the 39
applicant may, on receipt thereof, proceed with the construction of 40
the necessary works and take all steps required to apply the water to 41
beneficial use and to perfect the proposed appropriation. If the 42
application is rejected, the applicant may take no steps toward 43
the prosecution of the proposed work or the diversion and use of the 44
public water while the rejection continues in force. 45
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9. If a person is the successor in interest of an owner of a water 1
right or an owner of real property upon which a domestic well is 2
located and if the former owner of the water right or real property on 3
which a domestic well is located had previously filed a written 4
protest against the granting of an application, the successor in 5
interest must be allowed to pursue that protest in the same manner 6
as if the successor in interest were the former owner whose interest 7
he or she succeeded. If the successor in interest wishes to pursue the 8
protest, the successor in interest must notify the State Engineer in a 9
timely manner on a form provided by the State Engineer. 10
10. The provisions of subsections 1 to 9, inclusive, do not 11
apply to an application for an environmental permit or a temporary 12
permit issued pursuant to NRS 533.436 or 533.504. 13
11. The provisions of subsection 8 do not authorize the 14
recipient of an approved application to use any state land 15
administered by the Division of State Lands of the State Department 16
of Conservation and Natural Resources without the appropriate 17
authorization for that use from the State Land Registrar. 18
12. As used in this section, “domestic well” has the meaning 19
ascribed to it in NRS 534.350. 20
Sec. 5. NRS 533.371 is hereby amended to read as follows: 21
533.371 The State Engineer shall reject the application and 22
refuse to issue a permit to appropriate water for a specified period if 23
the State Engineer determines that: 24
1. The application is incomplete; 25
2. The prescribed fees have not been paid; 26
3. The proposed use is not temporary; 27
4. There is no water available from the proposed source of 28
supply without exceeding the perennial yield or safe yield of that 29
source; 30
5. The groundwater that has not been committed for use from 31
the proposed source of supply has been reserved pursuant to 32
NRS 533.0241; 33
6. The proposed use conflicts with existing rights [;] , 34
including, without limitation, existing rights that are subject to a 35
water conservation plan submitted pursuant to section 1 of this 36
act; or 37
7. The proposed use threatens to prove detrimental to the 38
public interest. 39
Sec. 6. NRS 534.090 is hereby amended to read as follows: 40
534.090 1. Except as otherwise provided in this section [,] 41
and section 1 of this act, failure for 5 successive years after 42
April 15, 1967, on the part of the holder of any right, whether it is 43
an adjudicated right, an unadjudicated right or a right for which a 44
certificate has been issued pursuant to NRS 533.425, and further 45
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whether the right is initiated after or before March 25, 1939, to use 1
beneficially all or any part of the underground water for the purpose 2
for which the right is acquired or claimed, works a forfeiture of both 3
undetermined rights and determined rights to the use of that water to 4
the extent of the nonuse. 5
2. If the records of the State Engineer or any other documents 6
obtained by or provided to the State Engineer indicate 4 or more 7
consecutive years of nonuse of all or any part of a water right which 8
is governed by this chapter: 9
(a) The State Engineer shall notify the owner of the water right, 10
as determined in the records of the Office of the State Engineer, by 11
registered or certified mail of the nonuse and that the owner has 1 12
year after the date of the notice of nonuse in which to use the water 13
right beneficially and to provide proof of such use to the State 14
Engineer or apply for relief pursuant to subsection 3 to avoid 15
forfeiting the water right. 16
(b) If, after 1 year after the date of the notice of nonuse pursuant 17
to paragraph (a), proof of resumption of beneficial use is not filed in 18
the Office of the State Engineer, the State Engineer shall, unless the 19
State Engineer has granted a request to extend the time necessary to 20
work a forfeiture of the water right, send a final notice to the owner 21
of the water right, as determined in the records of the Office of the 22
State Engineer, by registered or certified mail, that the water right is 23
held for forfeiture. If the owner of the water right, within 30 days 24
after the date of such final notice, fails to file the required proof of 25
resumption of beneficial use or an application for an extension of 26
time to prevent forfeiture, the State Engineer shall declare the right, 27
or the portion of the right not returned to beneficial use, forfeited. 28
The State Engineer shall send notice of the declaration of forfeiture, 29
by registered or certified mail, to the owner of record, as determined 30
in the records of the Office of the State Engineer, of the water right 31
that has been declared forfeited. 32
(c) If, after receipt of a notice of the declaration of forfeiture 33
pursuant to paragraph (b), the owner of record of the water right 34
fails to appeal the ruling in the manner provided for in NRS 35
533.450, and within the time provided for therein, the forfeiture 36
becomes final. Upon the forfeiture of the water right, the water 37
reverts to the public and is available for further appropriation, 38
subject to existing rights. 39
3. The State Engineer may, upon the request of the holder of 40
any right described in subsection 1, extend the time necessary to 41
work a forfeiture under subsection 2 if the request is made before 42
the expiration of the time necessary to work a forfeiture. Except as 43
otherwise provided in subsection 4, the State Engineer may grant, 44
upon request and for good cause shown, any number of extensions, 45
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but a single extension must not exceed 1 year. In determining 1
whether to grant or deny a request, the State Engineer shall, among 2
other reasons, consider: 3
(a) Whether the holder has submitted proof and evidence that 4
the holder is proceeding in good faith and with reasonable diligence 5
to resume use of the water beneficially for the purpose for which the 6
holder’s right is acquired or claimed; 7
(b) The number of years during which the water has not been 8
put to the beneficial use for which the right is acquired or claimed; 9
(c) Any economic conditions or natural disasters which made 10
the holder unable to put the water to that use; 11
(d) Whether the water right is located in a basin within a county 12
under a declaration of drought by the Governor, United States 13
Secretary of Agriculture or the President of the United States; 14
(e) Whether the holder has demonstrated efforts to conserve 15
water which have resulted in a reduction in water consumption; 16
(f) Whether the water right is located in a basin that has been 17
designated as a critical management area by the State Engineer 18
pursuant to subsection 7 of NRS 534.110; 19
(g) The date of priority of the water right as it relates to the 20
potential curtailment of water use in the basin; 21
(h) The availability of water in the basin, including, without 22
limitation, whether withdrawals of water consistently exceed the 23
perennial yield of the basin; and 24
(i) Any orders restricting use or appropriation of water in the 25
basin. 26
The State Engineer shall notify, by registered or certified mail, 27
the owner of the water right, as determined in the records of the 28
Office of the State Engineer, of whether the State Engineer has 29
granted or denied the holder’s request for an extension pursuant to 30
this subsection. If the State Engineer grants an extension pursuant to 31
this subsection and, before the expiration of that extension, proof of 32
resumption of beneficial use or another request for an extension is 33
not filed in the Office of the State Engineer, the State Engineer shall 34
send a final notice to the owner of the water right, by registered or 35
certified mail, that the water right will be declared forfeited if the 36
owner of the water right fails to file the required proof of 37
resumption of beneficial use or an application for an extension of 38
time to prevent forfeiture within 30 days after the date of the final 39
notice. If the owner of the water right fails to file the required proof 40
of resumption of beneficial use or an application for an extension of 41
time to prevent forfeiture within 30 days after the date of such final 42
notice, the State Engineer shall declare the water right, or the 43
portion of the right not returned to beneficial use, forfeited. 44
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4. If the State Engineer grants an extension pursuant to 1
subsection 1 in a basin: 2
(a) Where withdrawals of groundwater consistently exceed the 3
perennial yield of the basin; or 4
(b) That has been designated as a critical management area by 5
the State Engineer pursuant to subsection 7 of NRS 534.110, 6
a single extension must not exceed 3 years, but any number of 7
extensions may be granted to the holder of such a right. 8
5. The failure to receive a notice pursuant to subsection 2 or 3 9
does not nullify the forfeiture or extend the time necessary to work 10
the forfeiture of a water right. 11
6. A right to use underground water whether it is vested or 12
otherwise may be lost by abandonment. If the State Engineer, in 13
investigating a groundwater source, upon which there has been a 14
prior right, for the purpose of acting upon an application to 15
appropriate water from the same source, is of the belief from his or 16
her examination that an abandonment has taken place, the State 17
Engineer shall so state in the ruling approving the application. If, 18
upon notice by registered or certified mail to the owner of record 19
who had the prior right, the owner of record of the prior right fails to 20
appeal the ruling in the manner provided for in NRS 533.450, and 21
within the time provided for therein, the alleged abandonment 22
declaration as set forth by the State Engineer becomes final. 23
Sec. 7. NRS 534.110 is hereby amended to read as follows: 24
534.110 1. The State Engineer shall administer this chapter 25
and shall prescribe all necessary regulations within the terms of this 26
chapter for its administration. 27
2. The State Engineer may: 28
(a) Require periodical statements of water elevations, water 29
used, and acreage on which water was used from all holders of 30
permits and claimants of vested rights. 31
(b) Upon his or her own initiation, conduct pumping tests to 32
determine if overpumping is indicated, to determine the specific 33
yield of the aquifers and to determine permeability characteristics. 34
3. The State Engineer shall determine whether there is 35
unappropriated water in the area affected and may issue permits 36
only if the determination is affirmative. The State Engineer may 37
require each applicant to whom a permit is issued for a well: 38
(a) For municipal, quasi-municipal or industrial use; and 39
(b) Whose reasonably expected rate of diversion is one-half 40
cubic foot per second or more, 41
to report periodically to the State Engineer concerning the effect 42
of that well on other previously existing wells that are located within 43
2,500 feet of the well. 44
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4. It is a condition of each appropriation of groundwater 1
acquired under this chapter that the right of the appropriator relates 2
to a specific quantity of water and that the right must allow for a 3
reasonable lowering of the static water level at the appropriator’s 4
point of diversion. In determining a reasonable lowering of the static 5
water level in a particular area, the State Engineer shall consider the 6
economics of pumping water for the general type of crops growing 7
and may also consider the effect of using water on the economy of 8
the area in general. 9
5. This section does not prevent the granting of permits to 10
applicants later in time on the ground that the diversions under the 11
proposed later appropriations may cause the water level to be 12
lowered at the point of diversion of a prior appropriator, so long as 13
any protectable interests in existing domestic wells as set forth in 14
NRS 533.024 and the rights of holders of existing appropriations , 15
including, without limitation, any existing rights that are subject 16
to a water conservation plan submitted pursuant to section 1 of 17
this act, can be satisfied under such express conditions. At the time 18
a permit is granted for a well: 19
(a) For municipal, quasi-municipal or industrial use; and 20
(b) Whose reasonably expected rate of diversion is one-half 21
cubic foot per second or more, 22
the State Engineer shall include as a condition of the permit that 23
pumping water pursuant to the permit may be limited or prohibited 24
to prevent any unreasonable adverse effects on an existing domestic 25
well located within 2,500 feet of the well, unless the holder of the 26
permit and the owner of the domestic well have agreed to alternative 27
measures that mitigate those adverse effects. 28
6. Except as otherwise provided in subsection 7, the State 29
Engineer shall conduct investigations in any basin or portion thereof 30
where it appears that the average annual replenishment to the 31
groundwater supply may not be adequate for the needs of all 32
permittees and all vested-right claimants, and if the findings of the 33
State Engineer so indicate, except as otherwise provided in 34
subsection 9, the State Engineer may order that withdrawals, 35
including, without limitation, withdrawals from domestic wells, be 36
restricted to conform to priority rights until the water level of the 37
basin is stabilized. 38
7. The State Engineer: 39
(a) May designate as a critical management area any basin in 40
which withdrawals of groundwater consistently exceed the perennial 41
yield of the basin. 42
(b) Shall designate as a critical management area any basin in 43
which withdrawals of groundwater consistently exceed the perennial 44
yield of the basin upon receipt of a petition for such a designation 45
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which is signed by the holders of certificates or permits to 1
appropriate water in the basin that are on file in the Office of the 2
State Engineer who represent a majority of groundwater permitted 3
or certificated for use in the basin. 4
The designation of a basin as a critical management area pursuant 5
to this subsection may be appealed pursuant to NRS 533.450. If a 6
basin has been designated as a critical management area for 10 7
consecutive years, except as otherwise provided in subsection 9, the 8
State Engineer shall order that withdrawals, including, without 9
limitation, withdrawals from domestic wells, be restricted in that 10
basin to conform to priority rights until the water level of the basin 11
is stabilized, unless a groundwater management plan has been 12
approved for the basin pursuant to NRS 534.037. 13
8. In any basin or portion thereof in the State designated by the 14
State Engineer, the State Engineer may restrict drilling of wells in 15
any portion thereof if the State Engineer determines that additional 16
wells would cause an undue interference with existing wells. Any 17
order or decision of the State Engineer so restricting drilling of such 18
wells may be reviewed by the district court of the county pursuant to 19
NRS 533.450. 20
9. If a court of competent jurisdiction orders the State Engineer 21
to restrict withdrawals to conform to priority rights or if pursuant to 22
subsection 6 or 7 or subsection 8 of NRS 534.037 the State Engineer 23
orders that withdrawals be restricted to conform to priority rights, 24
the State Engineer must limit the restriction of withdrawals from a 25
domestic well to allow a domestic well to continue to withdraw 0.5 26
acre-feet of water per year, which must be recorded by a water 27
meter. 28
Sec. 8. NRS 534.120 is hereby amended to read as follows: 29
534.120 1. Within an area that has been designated by the 30
State Engineer, as provided for in this chapter, where, in the 31
judgment of the State Engineer, the groundwater basin is being 32
depleted, the State Engineer in his or her administrative capacity 33
may make such rules, regulations and orders as are deemed essential 34
for the welfare of the area involved. 35
2. In the interest of public welfare, the State Engineer is 36
authorized and directed to designate preferred uses of water within 37
the respective areas so designated by the State Engineer and from 38
which the groundwater is being depleted, and in acting on 39
applications to appropriate groundwater, the State Engineer may 40
designate such preferred uses in different categories with respect to 41
the particular areas involved within the following limits: 42
(a) Domestic, municipal, quasi-municipal, industrial, irrigation, 43
mining and stock-watering uses; and 44
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(b) Any uses for which a county, city, town, public water district 1
or public water company furnishes the water. 2
3. The State Engineer may only issue temporary permits to 3
appropriate groundwater if water cannot be furnished by a public 4
entity such as a water district or municipality presently engaged in 5
furnishing water to the inhabitants thereof. Such temporary permits 6
can be limited as to time and may be revoked if and when: 7
(a) Water can be furnished by a public entity such as a water 8
district or a municipality presently engaged in furnishing water to 9
the inhabitants thereof; and 10
(b) The property served is within 1,250 feet of the water 11
furnished pursuant to paragraph (a). 12
The holder of a temporary permit that is revoked pursuant to this 13
subsection must be given 730 days from the date of revocation to 14
connect to the public entity furnishing water. 15
4. In a basin designated pursuant to NRS 534.030, the State 16
Engineer may: 17
(a) Deny applications to appropriate groundwater for any use in 18
areas served by a public entity such as a water district or a 19
municipality presently engaged in furnishing water to the 20
inhabitants of the area. 21
(b) Limit the depth of domestic wells. 22
(c) Prohibit the drilling of wells for domestic use in areas where 23
water can be furnished by a public entity such as a water district or a 24
municipality presently engaged in furnishing water to the 25
inhabitants thereof. 26
(d) In connection with the approval of a parcel map in which 27
any parcel is proposed to be served by a domestic well, require the 28
dedication to a city or county or a designee of a city or county, or 29
require a relinquishment to the State Engineer, of any right to 30
appropriate water required by the State Engineer to ensure a 31
sufficient supply of water for each of those parcels, unless the 32
dedication of the right to appropriate water is required by a local 33
ordinance. 34
(e) Approve a water conservation plan submitted pursuant to 35
section 1 of this act. 36
5. In an area in which have been issued temporary permits 37
pursuant to subsection 3, the State Engineer: 38
(a) Shall: 39
(1) Deny any applications to appropriate groundwater for use 40
in areas served by a public entity such as a water district or a 41
municipality presently engaged in furnishing water; 42
(2) Limit the depth of a domestic well; or 43
(3) Prohibit the drilling of wells for domestic use in areas 44
where water can be furnished by a public entity such as a water 45
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district or a municipality presently engaged in furnishing water to 1
the inhabitants; and 2
(b) May prohibit repairs from being made to a domestic well, 3
and may require the person proposing to deepen or repair the 4
domestic well to obtain water from a public entity such as a water 5
district or a municipality engaged in furnishing water to the 6
inhabitants of the designated area, only if: 7
(1) The distance from the property line of any parcel served 8
by the well to the pipes and other appurtenances of the proposed 9
source of water to which the property will be connected is not more 10
than 180 feet; and 11
(2) The deepening or repair of the well would require the use 12
of a well-drilling rig. 13
6. For good and sufficient reasons, the State Engineer may 14
exempt the provisions of this section with respect to public housing 15
authorities. 16
7. The provisions of this section do not prohibit the State 17
Engineer from revoking a temporary permit issued pursuant to this 18
section if any parcel served by a well pursuant to the temporary 19
permit is currently obtaining water from a public entity such as a 20
water district or a municipality engaged in furnishing water to the 21
inhabitants of the area. 22
H