Nevada AB 233: Revises provisions related to water. (BDR 48-45)

Bill Text

A.B. 233
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ASSEMBLY BILL NO. 233–ASSEMBLYMEN
KRAMER, HARDY; AND HAFEN

MARCH 1, 2019
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JOINT SPONSORS: SENATORS GOICOECHEA,
PARKS; AND SETTELMEYER
____________

Referred to Committee on Natural Resources,
Agriculture, and Mining

SUMMARY—Revises provisions related to water. (BDR 48-45)

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 provisions governing certain
assessments on water users; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Under current law, a county is required to levy a special assessment annually, 1
or at such time as needed, upon all taxable property situated within the confines of 2
a particular water basin designated by the State Engineer to pay certain salaries and 3
expenses of well supervisors, assistants and the Well Drillers’ Advisory Board if 4
certain license fees are not sufficient. (NRS 534.040) This bill authorizes a county 5
to instead pay those salaries and expenses by appropriating money from the general 6
fund of the county if the amount of the special assessment upon a property owner is 7
less than the cost of collecting the assessment. 8

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
board of county commissioners may recommend to the State 4
Engineer that the State Engineer establish a groundwater board. The 5

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State Engineer shall determine whether or not a groundwater board 1
is to be established and may direct its establishment by order. 2
2. If a groundwater board is established, the governing bodies 3
of all the cities and towns within the designated area, the board of 4
county commissioners of each county in which the area is located, 5
and the governing body of any water district in which the area is 6
included, or partly included, shall each submit a list of names of 7
residents of the area to the Governor, who shall appoint seven 8
members of the board. At least one member must be appointed from 9
each list. 10
3. After the initial terms, the term of office of each member of 11
the board is 4 years. The board shall elect one member as chair and 12
one member as secretary to serve as such at the pleasure of the 13
board. 14
4. The board shall maintain its headquarters at the county seat 15
of the county in which the designated area is located, or if the area 16
lies in more than one county, in the county seat of one of the 17
counties in which the area is located. The board shall hold meetings 18
at such times and places as it may determine. Special meetings may 19
be called at any time by the secretary at the request of any four 20
members, or by the chair, upon notice specifying the matters to be 21
acted upon at the meeting. No matters other than those specified in 22
the notice may be acted upon at that meeting unless all members are 23
present and consent thereto. 24
5. A majority of the board constitutes a quorum, and the board 25
shall act only by a majority of those present. 26
6. For each day’s attendance at each meeting of the 27
groundwater board, or for each day when services are actually 28
performed for the groundwater board, the members are entitled to 29
receive per diem and travel allowances provided by law. Claims for 30
those expenses must be paid as provided in subsection [6] 7 of 31
NRS 534.040. 32
7. The State Engineer shall not approve any application or 33
issue any permit to drill a well, appropriate groundwater, change the 34
place or manner of use or the point of diversion of water within the 35
designated area, adopt any related regulations or enter any related 36
orders until the State Engineer has conferred with the board and 37
obtained its written advice and recommendations. 38
8. It is the intention of the Legislature that the State Engineer 39
and the board be in agreement whenever possible, but, for the 40
purpose of fixing responsibility to the Governor, if there is any 41
disagreement between the State Engineer and the board, the views 42
of the State Engineer prevail. A written report of any such 43
disagreement must be made immediately to the Governor by the 44
State Engineer and the board. 45

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9. Any groundwater board may request from the State Engineer 1
or any other state, county, city or district agency such technical 2
information, data and advice as it may require to perform its 3
functions, and the State Engineer and such other agencies shall, 4
within the resources available to them, furnish such assistance as 5
may be requested. 6
10. The Governor may dissolve the groundwater board by 7
order if the Governor determ