AB 138 — Authorizes the de minimus collection of precipitation under certain circumstances. (BDR 48-445)

(ReprintedAssembly withBill amendmentsNo. adopted on May 24, 2017) SECOND REPRINT A.B.

138138–Assemblywoman ACarlton SSEMBLY(by BILLrequest) NOCHAPTER.......... .

138–ASSEMBLYWOMAN CARLTON (BY REQUEST ) PREFILED F EBRUARY 10, 2017 ____________ Referred to Committee on Natural Resources, Agriculture, and Mining SUMMARY—Authorizes the de minimus collection of precipitation under certain circumstances.

(BDR 48-445) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

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

Existing law requires that, subject to existing rights, the appropriation of any water in this State is subject to the provisions of chapter 533 of NRS, which, among other things, require any person seeking to appropriate water to obtain a permit totog collectiondo ofso. precipitation from the rooftop of a single-family dwelling fornimus nonpotable domestic use or, under certain circumstances, in a guzzler to provide water to wildlife is exempted from the requirements of chapter 533 of NRS and thus may be collected without a water right or permit to appropriate water.

Sections(NRS 533.030, 533.325) Section 1 of this bill provides that the de minimus collection of precipitation from the rooftop of a single-family dwelling for nonpotable domestic use or, under certain circumstances, in a guzzler to provide water to wildlife is exempted from the requirements of chapter 533 of NRS and 2-5 of this bill make conforming changes.changes.ht or permit to appropriate water.

THESections SENATEEXPLANATION AND– ASSEMBLY,Matter DOin ENACTbolded ASitalics FOLLOWS:Dis INnew; Section 1.

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:

Section 1.

or - *AB138_R2* – 2 – (b) If the collection does not conflict with any existing water rights as determined by the State Engineer, in a guzzler to provide water for use by wildlife.

- 79th Session (2017) – 2 – Sec.

Subject to existing rights, and except as otherwise provided in this section [,] and section 1 of this act, all water may be appropriated for beneficial use as provided in this chapter and not otherwise.oth2.wisThe use of water, from any stream system as provided in this chapter and from underground water as provided in NRS 534.080, for any recreational purpose, or the use of water from the Muddy River or the Virgin River to create any developed shortage supply or intentionally created surplus, is hereby declared to be a beneficial use.

2.

The use of water, from any stream system as provided in this chapter and from underground water as provided in NRS 534.080, for any recreational purpose, or the use of water from the Muddy River or the Virgin River to create any developed shortage supply or intentionally created surplus, is hereby declared to be a beneficial use.

In any county whose population is 700,000 or more, the provisionssubsection of3 subsectiondo 1not andapply to:d of any ordinance adopted pursuant to subsection(a) 3Water dostored notin applyan to:artificially created reservoir for use in flood control, in meeting peak water demands or for purposes relating to the treatment of sewage;

- *AB138_R2* – 3 – (a) Water stored in an artificially created reservoir for use in flood control, in meeting peak water demands or for purposes relating to the treatment of sewage;

533.325 [Any] Except as otherwise provided in section 1 of this act, any person who wishes to appropriate any of the public waters, or to change the place of diversion, manner of use or place of use of water already appropriated, shall, before performing any work in connection with such appropriation, change in place of - 79th Session (2017) – 3 – diversion or change in manner or place of use, apply to the State Engineer for a permit to do so.

533.475 The State Engineer and the assistants of the State Engineer shall have power to arrest any person violating any of the provisions of NRS 533.005 to 533.470, inclusive, and section 1 ofofhe this act, and to turn that person over to the sheriff or other competent police officer within the county.

533.480 Any person violating any of the provisions of NRS guilty533.005 ofto a533.475, misdemeanor.usive,inclusive, and section 1 of this act shall be Sec.guilty of a misdemeanor.

Sec.

H20~~~~~ 17 - *AB138_R2*79th Session (2017)