AB 95 — Revises provisions relating to water. (BDR 48-504)

(ReprintedAssembly withBill amendmentsNo. adopted on April 15, 2019) FIRST REPRINT A.B.

9595–Committee Aon SSEMBLYNatural BResources, ILLNAgriculture, O.and Mining CHAPTER..........

95–COMMITTEE ON N ATURAL RESOURCES , AGRICULTURE ,AND M INING (O N BEHALF OF THE LEGISLATIVE COMMITTEE ON P UBLIC LANDS ) PREFILED JANUARY 24, 2019 ____________ Referred to Committee on Natural Resources, Agriculture, and Mining SUMMARY—Revises provisions relating to water.

(BDR 48-504) 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 requiresDigest: the State Engineer to conduct investigations in any basin or portion thereof where it appears that the average annual replenishment to the groundwater supply may not be adequate for the needs of all permittees and vested rights claimants.

IfExisting law requires the State Engineer confirmsto thatconduct theinvestigations averagein annualany replenishmentbasin to the groundwater supply may not be adequate,adequate hefor orthe sheneeds mayof orderall thatpermittees withdrawals,and includingvested withdrawalsrights fromclaimants. domestic wells, be restricted to conExisting law:

If the State Engineer confirms that the average annual replenishment to the groundwater supply may not be adequate, he or she may order that withdrawals, including withdrawals from domestic wells, be restricted to conform to priority rights.

(NRS 534.110) Existing law:

If a groundwater basin is designatedEngineer asis arequired criticalto managementorder areathat forwithdrawals, atincluding leastwithdrawals 10from, consecutive years, the State domestic wells, be restricted to conform to priority rights.

(NRS 534.110) This bill provides that if a court of competent jurisdiction orders the State Engineer to restrict withdrawals to conform to priority rights or if the State - *AB95_R1* – 2 – Engineer orders that withdrawals be restricted to conform to priority rights in any of these groundwater basins, the State Engineer must limit the restriction on withdrawals from domestic wells to allow a domestic well to continue to withdraw 0.5 acre-feet of water per year if the owner of the domestic well installs or has installed a water meter to record the withdrawal.

EXPLANATION – Matter in bolded italics is new;

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

80th Session (2019) – 2 – (b) Upon his or her own initiation, conduct pumping tests to determine if overpumping is indicated, to determine the specific yield of the aquifers and to determine permeability characteristics.

This section does not prevent the granting of permits to applicants later in time on the ground that the diversions under the proposed later appropriations may cause the water level to be lowered at the point of diversion of a prior appropriator, so long as any protectable interests in existing domestic wells as set forth in NRS 533.024 and the rights of holders of existing appropriations - *AB95_R1* – 3 – can be satisfied under such express conditions.

Except as otherwise provided in subsection 7, the State Engineer shall conduct investigations in any basin or portion thereof where it appears that the average annual replenishment to the groundwater supply may not be adequate for the needs of all 80th Session (2019) – 3 – permittees and all vested-right claimants, and if the findings of the State Engineer so indicate, except as otherwise provided in subsection 9, the State Engineer may order that withdrawals, including, without limitation, withdrawals from domestic wells, be restricted to conform to priority rights.

If a basin has been designated as a critical management area for at least 10 consecutive years, except as otherwise provided in subsection 9, the State Engineer shall order that withdrawals, including, without limitation, withdrawals from domestic wells, be restricted in that basin to conform to priority rights, unless a groundwater management plan has been approved for the basin pursuant to NRS 534.037.

Any order or decision of the State Engineer so restricting drilling of such - *AB95_R1* – 4 – wells may be reviewed by the district court of the county pursuant to NRS 533.450.

If a court of competent jurisdiction orders the State Engineer to restrict withdrawals to conform to priority rights or if pursuant to subsection 6 or 7 the State Engineer orders that withdrawals be restricted to conform to priority rights, the State Engineer must limit the restriction of withdrawals from a domestic well to allow a domestic well to continue to withdraw 0.5 acre-feet of Sec.water per year, which must be recorded by a water meter.

Sec.

This act becomes effective on July 1, 2019.eter.2019.

H~~~~~ -19 *AB95_R1*80th Session (2019)