S.B. 276
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SENATE BILL NO. 276–SENATORS HANSEN, FLORES, BUCK,
KRASNER, STONE; DOÑATE, ELLISON, OHRENSCHALL,
PAZINA, SCHEIBLE, STEINBECK AND TAYLOR
MARCH 5, 2025
____________
JOINT SPONSORS: ASSEMBLYMEMBERS WATTS, O’NEILL;
ANDERSON, KARRIS AND LA RUE HATCH
____________
Referred to Committee on Natural Resources
SUMMARY—Revises provisions relating to water. (BDR 40-750)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§ 2)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to water; establishing provisions governing the
reporting and sharing of certain information relating to
water by certain governmental entities and Indian tribes;
providing a penalty; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law sets forth various requirements to control water pollution in this 1
State, including providing for the issuance of a general permit or an individual 2
permit for discharges into the waters of the State. (NRS 445A.475) Existing law 3
requires: (1) the State Department of Conservation and Natural Resources, with 4
certain exceptions, to notify each interested person, appropriate governmental 5
agency and affected Indian tribe of each complete application for such a permit and 6
provide them with an opportunity to submit written views and recommendations on 7
the permit; and (2) the State Environmental Commission, with certain exceptions, 8
to provide by regulation an opportunity for each permit applicant, interested 9
agency, city, county, Indian tribe or irrigation district located downstream from the 10
point of discharge, or any person to request a public hearing with respect to a 11
permit application. (NRS 445A.590, 445A.595) Section 2 of this bill requires each 12
city, county, unincorporated town, district or water authority in this State and 13
authorizes each Indian tribe in this State that collects data on the water quality of 14
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the State or discharges into the waters of the State to report such data to the 15
Division of Environmental Protection of the Department. 16
Section 3 of this bill requires any city, county, unincorporated town, district or 17
water authority of this State: (1) in the event of an incident resulting in sewage, 18
industrial waste or any other unauthorized discharge into the waters of the State, 19
under certain circumstances, to notify every other state agency, city, county, 20
unincorporated town, district, water authority and Indian tribe in the area of the 21
incident that may be affected; and (2) upon request, provide information to an 22
Indian tribe that requests such information relating to an incident or substantial 23
change in the policy of water treatment or use of water. Section 3 additionally 24
prohibits a city, county, unincorporated town, district or water authority from 25
entering into a contract, agreement or other legal mechanism that would prevent the 26
sharing of such information with an Indian tribe. 27
Section 4 of this bill requires the Division to: (1) develop a form for reporting 28
data and information in accordance with sections 2 and 3; and (2) ensure any such 29
data and information that is reported is available to all other cities, counties, 30
unincorporated towns, districts, water authorities and Indian tribes in this State. 31
Section 6 of this bill requires: (1) each city, county, unincorporated town, 32
district or water authority that submits an application to discharge from a point 33
source into the waters of the State which may degrade the water quality of any 34
other city, county, unincorporated town, district, water authority or Indian tribe to 35
notify that governmental entity; and (2) the Department to ensure each such entity 36
is notified if an Indian tribe submits such an application. 37
Existing law requires each holder of certain discharge or injection permits to 38
report the infiltration of contaminants to underground waters of this State to the 39
Department. (NRS 445A.505) Section 7 of this bill also requires the holder of such 40
a permit to notify any city, county, unincorporated town, district, water authority or 41
Indian tribe that may be affected by the contamination. 42
Section 5 of this bill applies certain definitions in existing law relating to water 43
pollution to the provisions of sections 2-4. Sections 8-15 of this bill apply certain 44
provisions relating to the enforcement and civil and criminal penalties to the 45
provisions of sections 2-4. 46
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 445A of NRS is hereby amended by 1
adding thereto the provisions set forth as sections 2, 3 and 4 of this 2
act. 3
Sec. 2. 1. Each city, county, unincorporated town, district 4
or water authority in this State that collects data on the water 5
quality of the waters of the State or on discharges into the waters 6
of the State, including, without limitation, discharges that are not 7
authorized or that exceed those authorized by a permit issued by 8
the Department pursuant to the provisions of NRS 445A.300 to 9
445A.730, inclusive, and sections 2, 3 and 4 of this act, shall 10
report such data to the Division. 11
2. Each Indian tribe in this State that collects data on the 12
water quality of the waters of the State or on discharges into the 13
waters of the State, including, without limitation, discharges that 14
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are not authorized or that exceed those authorized by a permit 1
issued by the Department pursuant to the provisions of NRS 2
445A.300 to 445A.730, inclusive, and sections 2, 3 and 4 of this 3
act, or pursuant to a comparable permit issued by an Indian tribe, 4
if applicable, may report such data to the Division. 5
Sec. 3. 1. In the event of an incident resulting in the 6
discharge of sewage, industrial waste or any other unauthorized 7
discharge into the waters of the State, any city, county, 8
unincorporated town, district or water authority of this State that 9
has powers, duties or jurisdiction within the area of the incident 10
that has been notified of the incident shall notify every other state 11
agency, city, county, unincorporated town, district, water authority 12
and Indian tribe in the area of the incident that may be affected. 13
2. If an Indian tribe requests information relating to any 14
incident or relating to any substantial change in the policy of 15
water treatment or use of water from a state agency, city, county, 16
unincorporated town, district or water authority of this State, the 17
applicable entity shall provide the requested information to the 18
Indian tribe. 19
3. No city, county, unincorporated town, district or water 20
authority of this State may enter into a contract, agreement or any 21
other legal mechanism that would prevent the city, county, 22
unincorporated town, district or water authority from sharing 23
information in accordance with the requirements of this section. 24
4. As used in this section, “substantial change” means an 25
individual change that will result in a significant impact, or minor 26
changes that cumulatively will result in a significant impact, to 27
water quality. 28
Sec. 4. The Division shall: 29
1. Develop a fillable form in portable document format for a 30
city, county, unincorporated town, district, water authority or 31
Indian tribe, as applicable, to report data and information as 32
required or authorized pursuant to sections 2 and 3 of this act; 33
and 34
2. Ensure any data and information that is reported pursuant 35
to this section is available to all other cities, counties, 36
unincorporated towns, districts, water authorities and Indian 37
tribes in this State. 38
Sec. 5. NRS 445A.310 is hereby amended to read as follows: 39
445A.310 As used in NRS 445A.300 to 445A.730, inclusive, 40
and sections 2, 3 and 4 of this act, unless the context otherwise 41
requires, the words and terms defined in NRS 445A.315 to 42
445A.420, inclusive, have the meanings ascribed to them in those 43
sections. 44
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Sec. 6. NRS 445A.500 is hereby amended to read as follows: 1
445A.500 1. Each permit issued by the Department must 2
ensure compliance with the following factors whenever applicable 3
to the discharge or the injection of fluids through a well for which 4
the permit is sought: 5
(a) Effluent limitations; 6
(b) Standards of performance for new sources; 7
(c) Standards for pretreatment; 8
(d) Standards for injections of fluids through a well; and 9
(e) Any more stringent limitations, including any necessary to 10
meet or effectuate standards of water quality, standards of treatment 11
or schedules of compliance developed by the Department as part of 12
a continuing planning process or areawide plan for the management 13
of the treatment of waste under NRS 445A.580 or in furthering the 14
purposes and goals of NRS 445A.300 to 445A.730, inclusive [.] , 15
and sections 2, 3 and 4 of this act. 16
2. Each permit must specify average and maximum daily or 17
other appropriate quantitative limitations for the level of pollutants 18
or contaminants in the authorized discharge or injection. 19
3. If an application is made to discharge from a point source 20
into any waters of this State which flow directly or ultimately into 21
an irrigation reservoir upstream from which are located urban areas 22
in two or more counties and if each county has a population of 23
55,000 or more, the Department must give notice of the application 24
to each city, county, unincorporated town and irrigation district 25
located downstream from the point of discharge. Notice to an 26
unincorporated town must be given to the town board or advisory 27
council if there is one. 28
4. If a city, county, unincorporated town, district or water 29
authority of this State submits an application to discharge from a 30
point source into any waters of the State which may degrade the 31
water quality of any other city, county, unincorporated town, 32
district or water authority or an Indian tribe of this State, the 33
applicant shall provide notice of the application to each city, 34
county, unincorporated town, district, water authority or other 35
Indian tribe that may be impacted by the degradation. 36
5. If an Indian tribe in this State submits an application to 37
the Department to discharge from a point source into any waters 38
of the State which may degrade the water quality of any city, 39
county, unincorporated town, district, water authority or other 40
Indian tribe in this State, the Department shall ensure each city, 41
county, unincorporated town, district, water authority or other 42
Indian tribe of this State that may be impacted by the degradation 43
is notified of the application. 44
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Sec. 7. NRS 445A.505 is hereby amended to read as follows: 1
445A.505 1. A holder of a permit for a publicly owned 2
treatment works shall notify and supply the Department with 3
information concerning any new or increased introduction of 4
pollutants into the treatment works. 5
2. All holders of permits issued under NRS 445A.465 to 6
445A.510, inclusive, whose production increases, or whose process 7
modifications or facility expansion result in new or increased 8
discharges or injections of fluids through a well shall report such 9
changes by submitting a new application for a permit to the 10
Department. 11
3. All holders of permits issued under NRS 445A.465 to 12
445A.510, inclusive, whose production increases, or whose process 13
modifications or facility expansion result in the infiltration of 14
contaminants to underground waters of this State as a result of 15
contaminated fluids or contaminated soils shall report the 16
contamination to the Department [.] and any city, county, 17
unincorporated town, district, water authority or Indian tribe that 18
may be affected by the contamination. 19
Sec. 8. NRS 445A.655 is hereby amended to read as follows: 20
445A.655 To enforce the provisions of NRS 445A.300 to 21
445A.730, inclusive, and sections 2, 3 and 4 of this act, or any 22
regulation, order or permit issued thereunder, the Director or 23
authorized representative of the Department may, upon presenting 24
proper credentials: 25
1. Enter any premises in which any act violating NRS 26
445A.300 to 445A.730, inclusive, and sections 2, 3 and 4 of this 27
act, originates or takes place or in which any required records are 28
required to be maintained; 29
2. At reasonable times, have access to and copy any records 30
required to be maintained; 31
3. Inspect any equipment or method for continuing 32
observation; and 33
4. Have access to and sample any discharges or injection of 34
fluids into waters of the State which result directly or indirectly 35
from activities of the owner or operator of the premises where the 36
discharge originates or takes place or the injection of fluids through 37
a well takes place. 38
Sec. 9. NRS 445A.675 is hereby amended to read as follows: 39
445A.675 1. Except as otherwise provided in NRS 40
445A.707, if the Director finds that any person is engaged or is 41
about to engage in any act or practice which violates any provision 42
of NRS 445A.300 to 445A.730, inclusive, and sections 2, 3 and 4 43
of this act, any standard or other regulation adopted by the 44
Commission pursuant to those sections, or any permit issued by the 45
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Department pursuant to those sections, except for any violation of a 1
provision concerning a diffuse source, the Director may: 2
(a) Issue an order pursuant to NRS 445A.690; 3
(b) Commence a civil action pursuant to NRS 445A.695 or 4
445A.700; or 5
(c) Request that the Attorney General institute by indictment or 6
information a criminal prosecution pursuant to NRS 445A.705 and 7
445A.710. 8
2. The remedies and sanctions specified in subsection 1 are 9
cumulative, and the institution of any proceeding or action seeking 10
any one of the remedies or sanctions does not bar any simultaneous 11
or subsequent action or proceeding seeking any other of the 12
remedies or sanctions. 13
Sec. 10. NRS 445A.680 is hereby amended to read as follows: 14
445A.680 Except as otherwise provided in NRS 445A.707, if 15
the Director finds that any person is engaged or about to engage in 16
any act or practice which violates any provision of NRS 445A.565, 17
445A.570 and 445A.572, or any standard or other regulation 18
adopted pursuant thereto, with respect to a diffuse source: 19
1. The Director may issue an order: 20
(a) Specifying the provision or provisions of NRS 445A.300 to 21
445A.730, inclusive, and sections 2, 3 and 4 of this act or the 22
regulation or order alleged to be violated or about to be violated; 23
(b) Indicating the facts alleged which constitute a violation 24
thereof; and 25
(c) Prescribing the necessary corrective action to be taken and a 26
reasonable period for completing that corrective action, 27
but no civil or criminal penalty may be imposed for failure to 28
obey the order. 29
2. If the corrective action is not taken or completed, or without 30
the Director first issuing an order: 31
(a) The Director may commence a civil action pursuant to NRS 32
445A.695; or 33
(b) The Department may compel compliance by injunction or 34
other appropriate remedy pursuant to subsection 4 of 35
NRS 445A.700. 36
Sec. 11. NRS 445A.690 is hereby amended to read as follows: 37
445A.690 1. Except as otherwise provided in NRS 38
445A.707, if the Director finds that any person is engaged or is 39
about to engage in any act or practice which constitutes or will 40
constitute a violation of any provision of NRS 445A.300 to 41
445A.730, inclusive, and sections 2, 3 and 4 of this act, or of any 42
rule, regulation or standard promulgated by the Commission, or of 43
any permit or order issued by the Department pursuant to 44
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NRS 445A.300 to 445A.730, inclusive, and sections 2, 3 and 4 of 1
this act, the Director may issue an order: 2
(a) Specifying the provision or provisions of NRS 445A.300 to 3
445A.730, inclusive, and sections 2, 3 and 4 of this act, or the 4
regulation or order alleged to be violated or about to be violated; 5
(b) Indicating the facts alleged which constitute a violation 6
thereof; and 7
(c) Prescribing the necessary corrective action to be taken and a 8
reasonable period for completing that corrective action. 9
2. Any compliance order is final and is not subject to review 10
unless the person against whom the order is issued, within 30 days 11
after the date on which the order is served, requests by written 12
petition a hearing before the Commission. 13
Sec. 12. NRS 445A.695 is hereby amended to read as follows: 14
445A.695 1. Except as otherwise provided in NRS 15
445A.707, the Director may seek injunctive relief in the appropriate 16
court to prevent the continuance or occurrence of any act or practice 17
which violates any provision of NRS 445A.300 to 445A.730, 18
inclusive, and sections 2, 3 and 4 of this act or any permit, rule, 19
regulation or order issued pursuant thereto. 20
2. On a showing by the Director that a person is engaged, or is 21
about to engage, in any act or any practice which violates or will 22
violate any of the provisions of NRS 445A.300 to 445A.730, 23
inclusive, and sections 2, 3 and 4 of this act or any rule, regulation, 24
standard, permit or order issued pursuant to those provisions, the 25
court may issue, without bond, any prohibitory and mandatory 26
injunctions that the facts may warrant, including temporary 27
restraining orders issued ex parte or, after notice and hearing, 28
preliminary injunctions or permanent injunctions. 29
3. Failure to establish lack of an adequate remedy at law or 30
irreparable harm is not a ground for denying a request for a 31
temporary restraining order or injunction. 32
4. The court may require the posting of a sufficient 33
performance bond or other security to ensure compliance with the 34
court order within the period prescribed. 35
Sec. 13. NRS 445A.700 is hereby amended to read as follows: 36
445A.700 1. Except as otherwise provided in NRS 445C.010 37
to 445C.120, inclusive, a person who violates or aids or abets in the 38
violation of any provision of NRS 445A.300 to 445A.730, inclusive, 39
and sections 2, 3 and 4 of this act or of any permit, regulation, 40
standard or final order issued thereunder, except a provision 41
concerning a diffuse source, shall pay a civil penalty of not more 42
than $25,000 for each day of the violation. The civil penalty 43
imposed by this subsection is in addition to any other penalties 44
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provided pursuant to NRS 445A.300 to 445A.730, inclusive [.] , 1
and sections 2, 3 and 4 of this act. 2
2. Except as otherwise provided in NRS 445C.010 to 3
445C.120, inclusive, in addition to the penalty provided in 4
subsection 1, the Department may recover from the person actual 5
damages to the State resulting from the violation of NRS 445A.300 6
to 445A.730, inclusive, and sections 2, 3 and 4 of this act, any 7
regulation or standard adopted by the Commission, or permit or 8
final order issued by the Department, except the violation of a 9
provision concerning a diffuse source. 10
3. Damages may include: 11
(a) Any expenses incurred in removing, correcting and 12
terminating any adverse effects resulting from a discharge or the 13
injection of contaminants through a well; and 14
(b) Compensation for any loss or destruction of wildlife, fish or 15
aquatic life. 16
4. In addition to any other remedy provided by this chapter, the 17
Department may compel compliance with any provision of NRS 18
445A.300 to 445A.730, inclusive, and sections 2, 3 and 4 of this 19
act, or of any permit, regulation, standard or final order adopted or 20
issued thereto, by injunction or other appropriate remedy. The 21
Department may institute and maintain in the name of the State of 22
Nevada any such enforcement proceedings. 23
Sec. 14. NRS 445A.710 is hereby amended to read as follows: 24
445A.710 1. Any person who knowingly makes any false 25
statement, representation, or certification in any application, record, 26
report, plan or other document filed or required to be maintained by 27
the provisions of NRS 445A.300 to 445A.730, inclusive, and 28
sections 2, 3 and 4 of this act, or by any permit, rule, regulation or 29
order issued pursuant thereto, or who falsifies, tampers with or 30
knowingly renders inaccurate any monitoring device or method 31
required to be maintained under the provisions of NRS 445A.300 to 32
445A.730, inclusive, and sections 2, 3 and 4 of this act or by any 33
permit, rule, regulation or order issued pursuant thereto, is guilty of 34
a gross misdemeanor and shall be punished by a fine of not more 35
than $10,000 or by imprisonment in the county jail for not more 36
than 364 days, or by both fine and imprisonment. 37
2. The penalty imposed by subsection 1 is in addition to any 38
other penalties, civil or criminal, provided pursuant to NRS 39
445A.300 to 445A.730, inclusive [.] , and sections 2, 3 and 4 of this 40
act. 41
Sec. 15. NRS 445A.725 is hereby amended to read as follows: 42
445A.725 Nothing in NRS 445A.300 to 445A.730, inclusive, 43
and sections 2, 3 and 4 of this act, shall be construed to amend, 44
modify or supersede the provisions of title 48 of NRS or any rule, 45
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regulation or order promulgated or issued thereunder by the State 1
Engineer. 2
Sec. 16. The provisions of section 3 of this act do not apply to 3
any contract entered into before October 1, 2025. 4
Sec. 17. The provisions of NRS 354.599 do not apply to any 5
additional expenses of a local government that are related to the 6
provisions of this act. 7
H