Nevada 2019 Regular Session Status: Enacted 1 R cosponsors

SB 236 — Establishes provisions relating to a change in the place of diversion of water for certain wells. (BDR 48-635)

Last action — Approved by the Governor. Chapter 407.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2019. Enacted.

Prognosis

Advancing 56% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    3 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

AN ACT relating to water; establishing requirements relating to sinking or boring certain wells for water already appropriated; providing a penalty; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

57 added · 71 removed

57 line(s) added, 71 removed.

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REQUIRES TWO-THIRDS MAJORITY VOTE (§ 5 + NRS 247.305) (Reprinted with amendments adopted on May 22, 2019) SECOND REPRINT S.B.
Senate Bill No.
236 SENATE BILLN O .
236–Senators Goicoechea, Brooks;
236–SENATORS GOICOECHEA , B ROOKS ;
and Hansen CHAPTER..........
AND H ANSEN FEBRUARY 27, 2019 ____________ Referred to Committee on Natural Resources SUMMARY—Establishes provisions relating to a change in the place of diversion of water for certain wells.
(BDR 48-635) 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.
the place of diversion of water already appropriated.
Existing law requires a person to submit an application for a permit to change the place of diversion of water already appropriated.
(NRS 533.325-533.345)change Section 5 of this bill creates an exception from this requirement to allow a person to sink or bore a replacement well without submitting such an application where:
(NRS 533.325-533.345) to sink or bore a replacement well without submitting such an application where:son (1) both the original site of the well and the site of the replacement well are located on property owned by the same person for whom the water has already been appropriated;
(1) both the original site of the well and the site of the replacement well are located on property owned by the same person for whom the water has already been appropriated;
and (2) the site of the replacement well is located not more than 300 feet from the original place of diversion described on the permit to appropriate with the county recorder;
and (2) the site of the replacement well is located not more than 300 water.
and (2) inform the State Engineer of the site of thet well replacement well.
Section 5 requires the person to:
EXPLANATION – Matter in bolded italics is new;
(1) record the site of the replacement well with the county recorder;
matter between brackets [omitted material] is material to be omitted.
and (2) inform the State Engineer of the site of the replacement well.
533.325 Except as otherwise provided in NRS 533.027 [,] and section 5 of this act, any person who wishes to appropriate any of - *SB236_R2* – 2 – 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 diversion or change in manner or place of use, apply to the State Engineer for a permit to do so.
533.325 Except as otherwise provided in NRS 533.027 [,] and section 5 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 diversion or change in manner or place of use, apply to the State Engineer for a permit to do so.
Sec.
Secs.
3.
3-4.
4.
(Deleted by amendment.) Sec.
and (b) The site of the replacement well is located not more than 300 feet from the original place of diversion described on the permit to appropriate water, the person is not required to file an application to change the place of diversion pursuant to NRS 533.345.
and - 80th Session (2019) – 2 – (b) The site of the replacement well is located not more than feet from the original place of diversion described on the permit to appropriate water, the person is not required to file an application to change the pla2.
2.
ofIf a change to the site of a replacement well meets the requirements of subsection 1, the site of the replacement well must be located anywhere on the property of the person who holds the permit to appropriate water that is not more than 300 feet from the original place of diversion described on the permit to appropriate water.
If a change to the site of a replacement well meets the requirements of subsection 1, the site of the replacement well must be located anywhere on the property of the person who holds the permit to appropriate water that is not more than 300 feet from the original place of diversion described on the permit to appropriate water.
H - *SB236_R2*
~~~~~ 19 - 80th Session (2019)
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How this bill changes current law

3 changes Share ↗

Compared against the Nevada Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill establishes new requirements for sinking or boring replacement wells for already appropriated groundwater without needing to apply for a permit under specific conditions.

  • NRS 533.325

    and → , and section 5 of this act,

    This change clarifies that the exemption from permit requirements applies to additional conditions set forth in section 5.

  • Chapter 534 of NRS

    1. If a person is seeking to sink or bore a replacement well to divert groundwater already appropriated and: (a) The original site of the well and the site of the replacement well are on property owned by the same person for whom the groundwater has already been appropriated; and (b) The site of the replacement well is located not more than 300 feet from the original place of diversion described on the permit to appropriate water, the person is not required to file an application to change the place of diversion. 2. If a change to the site of a replacement well meets the requirements of subsection 1, the site of the replacement well must be located anywhere on the property of the person who holds the permit to appropriate water that is not more than 300 feet from the original place of diversion described on the permit to appropriate water. 3. The person who holds the permit to appropriate water must: (a) Record the site of the replacement well in the office of the county recorder of each county in which the water is applied to beneficial use and in each county in which the water is diverted from its natural source; and (b) Inform the State Engineer of the site of the replacement well. Compliance with the provisions of this subsection shall be deemed to impart notice of the site of the replacement well to all persons.

    This introduces a new process allowing the sinking or boring of replacement wells under certain conditions without needing to apply for a permit, provided the site is documented.

  • NRS 534.190

    Any person violating any of the provisions of NRS 534.010 to 534.180, inclusive, and section 5 of this act shall be guilty of a misdemeanor.

    This adds enforcement provisions for violations related to the new requirements for replacement wells.

Amendments

2 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Approved by the Governor. Chapter 407.

  2. Enrolled and delivered to Governor.

  3. Assembly Amendment No. 810 concurred in. To enrollment.

  4. In Senate.

  5. Read third time. Passed, as amended. Title approved. (Yeas: 39, Nays: None, Excused: 2, Vacant: 1.) To Senate.

  6. From printer. To reengrossment. Reengrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  7. Read second time. Amended. (Amend. No. 810.) To printer.

  8. From committee: Amend, and do pass as amended.

  9. In Assembly. Read first time. Referred to Committee on Natural Resources, Agriculture, and Mining. To committee.

  10. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  11. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 115.) To printer.

  12. From printer. To committee.

  13. Read first time. Referred to Committee on Natural Resources. To printer.

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 64 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (64)

64 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does SB 236 do?
AN ACT relating to water; establishing requirements relating to sinking or boring certain wells for water already appropriated; providing a penalty; and providing other matters properly relating thereto.
Who sponsors SB 236?
SB 236 is sponsored by Hansen, Ira (Republican), Chris Brooks, and Pete Goicoechea.
What is the current status of SB 236?
This bill has been enacted into law. Introduced February 27, 2019. Enacted.
Where can I track SB 236?
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