AB 209 — Revises provisions governing the forfeiture of water rights. (BDR 48-308)

(ReprintedAssembly withBill amendmentsNo. adopted on April 24, 2017) FIRST REPRINT A.B.

209209–Assemblyman AOscarson SSEMBLYCHAPTER.......... BILL NO .

209–ASSEMBLYMAN OSCARSON PREFILED F EBRUARY 13, 2017 ____________ Referred to Committee on Natural Resources, Agriculture, and Mining SUMMARY—Revises provisions governing the forfeiture of water rights.

(BDR 48-308) 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.

LegExistingLegislative lawCounsel’s provides,Digest: with limited exception, that the holder of a water right forfeits the right if the holder fails for 5 successive years to use beneficially all or any part of the underground water for the purpose for which the right is acquired or claimed.

Existing law authorizesprovides, with limited exception, that the holder of a water right forfeits the right if the holder fails for 5 successive years to requestuse anbeneficially extensionall or any part of the underground water for the purpose for which the right is acquired or to work the forfeiture and the State Engineer may grant an extension for good causecausen shown if the request is made before the expiration of the time necessary to work the year.forfeiture.

(NRSExisting 534.090)g law also provides that a single extension must not exceed 1 Thisyear. bill revises the criteria the State Engineer must consider to determine whether to grant or deny a request to extend the time necessary to work a forfeiture.

(NRS 534.090) whether to grant or deny a request to extend the time necessary to work a forfeiture.

-EXPLANATION *AB209_R1* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

If the records of the State Engineer or any other documents specified by the State Engineer indicate at least 4 consecutive years, but less than 5 consecutive years, of nonuse of all or any part of a water right which is governed by this chapter, the State Engineer shall notify the owner of the water right, as determined in the records of the Office of the State Engineer, by registered or certified mail that the owner has 1 year after the date of the notice in which to - 79th Session (2017) – 2 – use the water right beneficially and to provide proof of such use to the State Engineer or apply for relief pursuant to subsection 2 to avoid forfeiting the water right.

The State Engineer may, upon the request of the holder of any right described in subsection 1, extend the time necessary to work a forfeiture under that subsection if the request is made before the expiration of the time necessary to work a forfeiture.

[The][The]efore Except as otherwise provided in subsection 3, the State Engineer may grant, upon request and for good cause shown, any number of extensions, but a single extension must not exceed 1 year.

In - *AB209_R1* – 3 – determining whether to grant or deny a request, the State Engineer shall, among other reasons, consider:

(d) [Any prolonged period in which precipitation in the basin where] Whether the water right is located [is below the average for that basin or in which indexes that measure soil moisture show that a deficit in soil moisture has occurred in that basin;] in a basin within a county under a declaration of drought by the Governor, the United States Secretary of Agriculture or the President of the United States;

and - 79th Session (2017) – 3 – (f)] Whether the holder has demonstrated efficient ways of using the water for agricultural purposes, such as center-pivot irrigation [.] ;

(f) Whether the holder has demonstrated efforts to conserve waterander which have resulted in a reduction in water consumption;

and (g) Whether the water right is located in a basin that has been designated as a critical management area by the State Engineer pursuant to subsection 7 of NRS 534.110 or where withdrawals of groundwater consistently exceed the perennial yield of the basin.

or (b) That has been designated as a critical management area by the State Engineer pursuant to subsection 7 of NRS 534.110, - *AB209_R1* – 4 – ¬ a single extension must not exceed 3 years, but any number of extensions may be granted to the holder of such a right.

4.because of the use of center-pivot irrigation before July 1, 1983, and such use could result in a forfeiture of a portion of a right, the State Engineer shall, by registered or certified mail, send to the owner of record a notice of intent to declare a forfeiture.

IfThe thenotice failuremust toprovide usethat the waterowner pursuanthas toat subsectionleast 1 isyear becauseafter of the usedate of center-pivotthe irrigationnotice beforeto Julyuse 1,the 1983,water andbeneficially suchor useapply couldfor resultadditional inrelief apursuant forfeitureto ofsubsection a2 portionbefore forfeiture of a right, the Stateowner’s Engineerright shall,is declared by registered or certified mail, send to the ownerState ofEngineer. record a notice of intent to declare a forfeiture.

The[4.] notice5. must provide that the owner has at least 1 year after the date of the notice to use the water beneficially or apply for additional relief pursuant to subsection 2 before forfeiture of the owner’s right is declared by the[4.] 5.EnA right to use underground water whether it is vested or otherwise may be lost by abandonment.

IfA theright State Engineer, in investigating a groundwater source, upon which there has been a prior right, for the purpose of acting upon an application to appropriateuse underground water fromwhether theit same source, is ofvested the belief from his or herotherwise examinationmay thatbe anlost abandonmentby hasabandonment. taken place, the State Engineer shall so state in the ruling approving the application.

If the State Engineer, in investigating a groundwater source, upon which there has been a prior right, for the purpose of acting upon an application to appropriate water from the same source, is of the belief from his or her examination that an abandonment has taken place, the State - 79th Session (2017) – 4 – Engineer shall so state in the ruling approving the application.

H~~~~~ 17 - *AB209_R1*79th Session (2017)