A.B. 363
- *AB363*
ASSEMBLY BILL NO. 363–COMMITTEE ON NATURAL RESOURCES
(ON BEHALF OF THE JOINT INTERIM STANDING
COMMITTEE ON NATURAL RESOURCES)
MARCH 4, 2025
____________
Referred to Committee on Natural Resources
SUMMARY—Revises provisions relating to groundwater boards.
(BDR 48-385)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
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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 provisions relating to the
establishment, membership and duties of a groundwater
board; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law authorizes a board of county commissioners to recommend to the 1
State Engineer that the State Engineer establish a groundwater board in an area 2
designated as a groundwater basin by the State Engineer. If the State Engineer 3
directs the establishment of a groundwater board, the Governor is required to 4
appoint seven members to serve on the groundwater board. Existing law authorizes 5
the Governor to dissolve the groundwater board if the Governor determines that the 6
future activities of the board are likely to be insubstantial. (NRS 534.035) Section 1 7
of this bill authorizes a board of county commissioners to request or boards of 8
county commissioners to jointly request that the State Engineer establish a 9
groundwater board. If requested, section 1: (1) requires the State Engineer to 10
appoint seven members to the groundwater board; and (2) authorizes a board of 11
county commissioners or boards of county commissioners, as applicable, to appoint 12
a nonvoting member to the groundwater board. Section 1 additionally provides that 13
the groundwater board: (1) must be dissolved after 4 years, unless the State 14
Engineer approves a request from the board of county commissioners or boards of 15
county commissioners, as applicable, to continue the board; and (2) may be 16
dissolved by a majority vote of the groundwater board. Section 1 further provides 17
that only one groundwater board may be established for a designated groundwater 18
basin. 19
Section 1 also requires the State Engineer to consider the written advice and 20
recommendations of the groundwater board on reducing overpumping in the 21
designated groundwater basin. 22
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Existing law requires: (1) the State to pay certain expenses of a groundwater 23
board such as per diem and travel allowances for board members and expenses for 24
consultants employed by a groundwater board; and (2) the State Engineer to 25
determine and certify the budget of a groundwater board for paying such expenses. 26
(NRS 534.035, 534.040) Sections 1 and 2 of this bill eliminate these provisions 27
and provide that members serve without compensation. 28
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 534.035 is hereby amended to read as follows: 1
534.035 1. In each area designated as a groundwater basin by 2
the State Engineer pursuant to the provisions of NRS 534.030 [, the] 3
: 4
(a) If the designated groundwater basin is located in one 5
county, the board of county commissioners may [recommend to the 6
State Engineer] request that the State Engineer establish a 7
groundwater board. The State Engineer shall determine whether or 8
not a groundwater board is to be established and may direct its 9
establishment by order. 10
(b) If the designated groundwater basin is located in more 11
than one county: 12
(1) A board of county commissioners may request or the 13
board of county commissioners of the counties may jointly request 14
that the State Engineer establish a groundwater board. 15
(2) Regardless of whether a groundwater board is requested 16
jointly to be established, the State Engineer may appoint members 17
of the groundwater board in accordance with subsection 3 who 18
reside in any county in which the designated groundwater basin is 19
located. 20
2. Not more than one groundwater board may be established 21
in a designated groundwater basin pursuant to subsection 1. 22
3. If a groundwater board is [established, the governing bodies 23
of all the cities and towns within the designated area, the board of 24
county commissioners of each county in which the area is located, 25
and the governing body of any water district in which the area is 26
included, or partly included, shall each submit a list of names of 27
residents of the area to the Governor, who] requested to be 28
established pursuant to subsection 1, the State Engineer shall 29
appoint seven members of the board [. At least one member must be 30
appointed from each list. 31
3. After the initial terms, the] who must reside within the 32
designated groundwater basin as follows: 33
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(a) Four members, each of whom holds a permit or certificate 1
to appropriate water within the designated groundwater basin with 2
a senior date of priority, as determined by the State Engineer; 3
(b) Two members, each of whom holds a permit or certificate 4
to appropriate water within the designated groundwater basin with 5
a junior date of priority, as determined by the State Engineer; and 6
(c) One member who holds a permit or certificate, or permits 7
or certificates, within the designated groundwater basin for the 8
greatest quantity of groundwater in the basin, or if such a person 9
is already appointed or unwilling to serve, the person who holds a 10
permit or certificate, or permits or certificates, in the designated 11
groundwater basin for the next greatest quantity of groundwater 12
in the basin, as determined by the State Engineer. 13
4. In addition to the members appointed pursuant to 14
subsection 3, the board of county commissioners or boards of 15
county commissioners, as applicable, may appoint a nonvoting 16
member to the groundwater board. 17
5. The term of office of each member of the board is 4 years. 18
The groundwater board shall elect one member as chair and one 19
member as secretary to serve as such at the pleasure of the 20
groundwater board. 21
[4.] 6. The groundwater board shall [maintain its headquarters 22
at the county seat of] hold public meetings and any physical 23
location for such public meetings must be in the county in which 24
the designated area is located, or if the area lies in more than one 25
county [,] and the counties jointly requested the establishment of 26
the groundwater board, in [the county seat of] one of the counties 27
in which the area is located. The board shall hold meetings at such 28
times and places as it may determine. Special meetings may be 29
called at any time by the secretary at the request of any four 30
members, or by the chair, upon notice specifying the matters to be 31
acted upon at the meeting. No matters other than those specified in 32
the notice may be acted upon at that meeting unless all members are 33
present and consent thereto. 34
[5.] 7. A majority of the groundwater board constitutes a 35
quorum, and the groundwater board shall act only by a majority of 36
those present. 37
[6. For each day’s attendance at each meeting of the 38
groundwater board, or for each day when services are actually 39
performed for the groundwater board, the members are entitled to 40
receive per diem and travel allowances provided by law. Claims for 41
those expenses must be paid as provided in subsection 7 of 42
NRS 534.040. 43
7.] 8. Members of the groundwater board serve without 44
compensation. 45
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9. The State Engineer shall [not approve any application or 1
issue any permit to drill a well, appropriate groundwater, change the 2
place or manner of use or the point of diversion of water within the 3
designated area, adopt any related regulations or enter any related 4
orders until the State Engineer has conferred with the board and 5
obtained its] consider the written advice and recommendations [.] of 6
the groundwater board on reducing overpumping in the 7
designated groundwater basin. 8
[8. It is the intention of the Legislature that the State Engineer 9
and the board be in agreement whenever possible, but, for the 10
purpose of fixing responsibility to the Governor, if] If there is any 11
disagreement between the State Engineer and the groundwater 12
board, the views of the State Engineer prevail. A [written report of 13
any such disagreement must be made immediately to the Governor 14
by the State Engineer and the board. 15
9. Any] decision of the State Engineer to comply or not 16
comply with the views of the groundwater board is not subject to 17
judicial review. A disagreement between the State Engineer and a 18
groundwater board is not admissible in any proceeding 19
challenging a decision of the State Engineer. 20
10. A groundwater board [may request from the State Engineer 21
or any other state, county, city or district agency such technical 22
information, data and advice as it may require to perform its 23
functions, and] : 24
(a) Must be dissolved 4 years after the date the board is 25
established by the State Engineer [and such other agencies shall, 26
within the resources available to them, furnish such assistance as 27
may be requested. 28
10. The Governor may dissolve the groundwater board by 29
order if the Governor determines that the future activities of the 30
board are likely to be insubstantial.] pursuant to subsection 3, 31
unless the State Engineer approves a request from the board of 32
county commissioners or boards of county commissioners, as 33
applicable, to continue the groundwater board for any additional 34
4-year term; and 35
(b) May be dissolved by a majority vote of the groundwater 36
board at a meeting of the board. 37
Sec. 2. NRS 534.040 is hereby amended to read as follows: 38
534.040 1. Upon the initiation of the administration of this 39
chapter in any particular basin, and where the investigations of the 40
State Engineer have shown the necessity for the supervision over the 41
waters of that basin, the State Engineer may employ a well 42
supervisor and other necessary assistants, who shall execute the 43
duties as provided in this chapter under the direction of the State 44
Engineer. The salaries of the well supervisor and the assistants of 45
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the well supervisor must be fixed by the State Engineer. The well 1
supervisor and assistants are exempt from the provisions of chapter 2
284 of NRS. 3
2. If the money available from the license fees provided for in 4
NRS 534.140 is not sufficient to pay those salaries, together with 5
necessary expenses, including the compensation and other expenses 6
of the Well Drillers’ Advisory Board, the board of county 7
commissioners shall, except as otherwise provided in this 8
subsection, levy a special assessment annually, or at such time as the 9
assessment is needed, upon all taxable property situated within the 10
confines of the area designated by the State Engineer to come under 11
the provisions of this chapter in an amount as is necessary to pay 12
such salaries and expenses. If the board of county commissioners 13
determines that the amount of a special assessment levied upon a 14
property owner pursuant to this section when combined with the 15
amount of all other taxes and assessments levied upon the property 16
owner is less than the cost of collecting the special assessment 17
levied pursuant to this subsection, the board of county 18
commissioners may exempt the property owner from the assessment 19
and appropriate money from the general fund of the county to pay 20
the cost of the assessment. 21
3. Except as otherwise provided in subsection 2, in designated 22
areas within which the use of groundwater is predominantly for 23
agricultural purposes, any special assessment levied pursuant to this 24
section must be charged against each water user who has a permit to 25
appropriate water or a perfected water right, and the charge against 26
each water user must be based upon the proportion which his or her 27
water right bears to the aggregate water rights in the designated 28
area. The minimum charge is $1. 29
4. The salaries and expenses may be paid by the State Engineer 30
from the Water Distribution Revolving Account pending the levy 31
and collection of an assessment levied pursuant to this section. 32
5. Except as otherwise provided in subsection 2, if a special 33
assessment is levied pursuant to this section, the proper officers of 34
the county shall levy and collect the special assessment as other 35
special assessments are levied and collected, and the assessment is a 36
lien upon the property. 37
6. Any special assessment collected pursuant to this section 38
must be deposited with the State Treasurer for credit to the Water 39
District Account to be accounted for in basin well accounts. 40
7. [Upon determination and certification by the State Engineer 41
of the amount to be budgeted for the current or ensuing fiscal year 42
for the purpose of paying the per diem and travel allowances of the 43
groundwater board and employing consultants or other help needed 44
to fulfill its responsibilities, the State Controller shall transfer that 45
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amount to a separate operating account for that fiscal year for the 1
groundwater basin. Claims against the account must be approved by 2
the groundwater board and paid as other claims against the State are 3
paid.] The State Engineer may use money in a particular basin well 4
account to support an activity outside the basin in which the money 5
is collected if the activity bears a direct relationship to the 6
responsibilities or activities of the State Engineer regarding the 7
particular groundwater basin. 8
Sec. 3. This act becomes effective on July 1, 2025. 9
H