Nevada AB 134: Revises provisions governing privileges. (BDR 4-694)

Bill Text

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.

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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; 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