UnderSection existing34.5 law,of this bill requires a permitdistrict toboard operateof health that creates such a watervoluntary systemfinancial mayassistance notprogram beto, issuedon byor thebefore DivisionDecember of31, Environmental2024, Protectionsubmit ofto the StateDirector Department of Conservationthe andLegislative NaturalCounsel ResourcesBureau ora certainreport districtsetting boardsforth ofthe healthnumber unlessof certainparticipants conditionsin arethe met,program including,and withoutrecommendations limitation,for that:legislation.

Under existing law, a permit to operate a water system may not be issued by the Division or certain district boards of health unless certain conditions are met, including, without limitation, that:

with(NRS certain445A.895) exceptions,Section the4 sole and exclusive obligation of thethis localbill governingat,revises bodythese isconditions toto: use the surety in the event of a default to contract and pay the operator responsible for the continued operation and maintenance of the water system;

(2)(1) requireprovide that, with certain exceptions, the ownerssole ofand propertyexclusive servedobligation byof the waterlocal systemgoverning body is to alsouse providethe surety in the event of a suretydefault to contract and pay the localoperator governingresponsible body;for the continued operation and maintenance of the water system;

and(2) (3)require providethe thatowners ifof theproperty Divisionserved determinesby thatthe water providedsystem byto also provide a surety to the local public utility or a municipality or other public entity is reasonably available, all users of the water system in certain counties are required to connect.

Under existing law, if the State Environmental Commission determines that, in relevant part, water provided by a public utility or a municipality or other public entity is reasonably available to users of a water system, the board of county commissioners of that county may require all users of the system to connect into the available water system provided by a public utility or a municipality or other public entity.

(NRS 244.3655) Section 7 of this bill provides instead that if the Commission determines that water provided by a public utility or a municipality or other public entity may be accessed within 1,250 feet of any lot or parcel served by the water system, the board of county commissioners shall, in a county whose population is 700,000 or more (currently only Clark County), and may, in all other counties, require all users of the system to connect into the available water system provided by a public utility or a municipality or other public entity.

Under existing law, if the State Environmental Commission or the governing body of certain cities determines certain water systems within the city limits are not serving the needs of its users and water provided by a public utility, the city or - 82nd Session (2023) – 3 – another municipality or public entity is reasonably available to those users, the governing body may require all users of the system to connect into the available water system and assess each lot or parcel for its share of theSenate cost.Amendment No.

(NRS735 268.4102) Section 10 of this bill provides instead that if the water system may be accessed within 1,250 feet of the property of such users, the governing body of a county whose population is 700,000 or more (currently only Clark County) shall require all county may require all users to connectAssembly inBill suchNo. circumstances.rning bodies of a Existing law sets forth an approval process for the subdivision of land that requires:

(1)220 aSecond subdividerReprint ofPage land5 to submit a tentative map to the planningcost. commission or the governing body of a county or city, as applicable;

(NRS 268.4102) Section 10 of this bill provides instead that if the water system may be accessed within 1,250 feet of the property of such users, the governing body of a county whose population is 700,000 or more (currently only Clark County) shall require all users to connect.

Section 10 also provides that all other governing bodies of a county may require all users to connect in such circumstances.

Existing law sets forth an approval process for the subdivision of land that requires:

(1) a body of a county or city, as applicable;

(NRS 278.330-278.330-278.460) 278.460) Sections 13 and 16 of this bill require that if a proposed subdivision will be served by a public water system:

Under existing law, a final map presented for filing must include certificates and acknowledgmentsrequires that if a subdivision in a county whose population is 700,000 or more or in a general improvement district will be served by a public water system, the final map presented for filing must include a certificate of approval from certainthe entities.supplier of water.

(NRS 278.374-278.378) Section 14 ofates this bill requires that if a subdivision in a county whose population is 700,000 or more or in a general improvement district will be served by a public water system, the final map presented for filing must include a certificate of approval from the supplier of water.

Existing law establishes certain minimum standards for plumbing fixtures in new construction, expansions and renovations in residential, commercial, industrial or manufactured structures, public buildings, manufactured homes and mobile homes and requires the use of certain plumbing fixtures that have been certified under the WaterSense program established by the United States Environmental Protection Agency if a final product specification has been developed by the and 24 of this bill require that, with certain exceptions, if the WaterSense program has established a final product specification for an irrigation controller or spray sprinkler body, any new construction, expansions and renovations on such structures, buildings and homes must install irrigation controllers and spray sprinkler bodies that have been certified under the WaterSense program.

(NRS 278.582, 338.193,l product 461.175, 489.706) Sections 6, 20, 22 and 24 of this bill require that, with certain exceptions, if the WaterSense program has established a final product specification for an irrigation controller or spray sprinkler body, any new construction, expansions and renovations on such structures, buildings and homes must install irrigation controllers and spray sprinkler bodies that have been certified under the WaterSense program.

(NRS 349.981) Section 23 of this bill provides instead for grants of money to pay certain costs associated with - 82nd Session (2023) – 4 – plugging and abandoning a well and connecting the property formerly served by the well to a municipal water system under certain circumstances.

Existing law exempts, under certain circumstances, the de minimus collection of precipitation from the requirements of the Nevada Revised Statutes relating to the appropriation of water.

(NRS 533.027) Section 24.5 of this bill also exempts the use of water by public agencies or volunteer fire departments to extinguish fires in aUnder existing law, the State Engineer may issue temporary permits to appropriate groundwater in certain designated areas which may be revoked if the property served by the permit is within 180 feet of water furnished by an entityemergency. such as a water district or a municipality and the well needs to be redrilled or have certain repairs made.

Under existing law, the State Engineer may issue temporary permits to appropriate groundwater in certain designated areas which may be revoked if the property served by the permit is within 180 feet of water furnished by an entity such as a water district or a municipality and the well needs to be redrilled or have certain repairs made.

and (2) authorizes the State Engineer to revoke such a temporary permit if the property served by the temporary permit is within 1,250 feet of water furnished by a public entity such as a water district or a municipality.Senate Amendment No.

735 to Assembly Bill No.

220 Second Reprint Page 6 municipality.

Under existing law, the State Engineer may require the plugging of certain domestic wells drilled in a basin in which such wells must be registered if water can be furnished waterby iscertain less534.180) thanSection $200.27 of this bill:

(NRS(1) 534.180)removes Sectionthe 27requirement ofthat thisthe bill:charge for connecting be less than $200;

(1)e removes the requirement that the charge for connecting be less than $200;

(Section 39 of chapter 364, Statutes of Nevada 2021, at page 2180) Section 31 of this bill prohibits the use of such waters of the Colorado River for irrigating nonfunctional turf on any parcel of property that is not used exclusively as a single-family resiSectionresidence.ctional turf on Section 28 of this bill defines “General Manager” for the purposes of the Conservation of Colorado River Water Act.

(1) authorizes the Board of Directors of the Authority to restrict the use of water by a single-single-family family residence to not more than 0.5 acre-feetacre- feet of water during any year in which [a shortage on the Colorado River has been declared by] the Federal Government [;] reduces Nevada’s allocation of the Colorado River to 270,000 acre-feet or less;

Any new turf installed - 82nd Session (2023) – 5 – on and after January 1, 2024, must meet the requirements established by the Board of Directors, unless the General Manager approves a waiver.

Sectionproperty 29that furtheruses prohibitssuch thewaters installation of athe Colorado River.a new septic system on any parcel of Section 30 of this bill requires certain parcels of property thatwhich usesuse such waters of the Colorado River.River to participate in an irrigation water efficiency monitoring program if the property:

Section(1) 30is ofnot thisused billexclusively requiresas certaina parcelssingle-family ofresidence; property which use such waters of the Colorado River to participate in an irrigation water efficiency monitoring program if the property:

(1)and is(2) notconsists usedof exclusively20,000 assquare afeet single-familyor (1)more requires the Board of Directorsturf. to develop and establish policies, guidelines and deadlines for participation in such an irrigation water efficiency monitoring program;

Section 30 also:

(1) requires the Board of Directors to develop and establish policies, guidelines and deadlines for participation in such an irrigation water efficiency monitoring program;

The Southern Nevada Water Authority Act authorizes the Authority, in consultation with the Advisory Committee for the Management of Groundwater in the Las Vegas Valley Groundwater Basin, to operate a project for the recharge and recovery or underground storage and recovery of groundwater for the benefit of chapter 572, Statutes of Nevada 1997, as added by section 1 of chapter 468, Statutes of Nevada 1999, at page 2387) The Act also authorizes the Authority to assess certain fees on users of groundwater and owners of domesticwells wells,in including a fee if the AuthorityLas operatesVegas suchValley aGroundwater project.Basin.

(Section 1314.5 of chapter 572, Statutes of Nevada 1997, as amendedadded by chapter 468, Statutes of Nevada 1999, at page 2387) Section 33 of this bill also authorizes the Authority, in consultation with the Advisory Committee, to operate a program to convert any property served by a Authority to assess acertain feefees on users of groundwater and owners of domestic wellswells,es forthe including a fee if the programAuthority tooperates convertsuch septica systems.project.

(Section 13 of chapter 572, Statutes of Nevada 1997, as amended by chapter 468, Statutes of Nevada 1999, at page 2387) Section 33 of this bill also authorizes the Authority, in consultation with the Advisory Committee, to operate a program to convert any property served by a septic system to a municipal sewer system.

Section 32 of this bill authorizes the Authority to assess a fee on users of groundwater and owners of domestic wells for the program to convert septic systems.

(Section 2 of chapter 393, Statutes of Nevada 1995, at page 963) Section 34 of this bill authorizes the Board of Directors of the Authority, by resolution, to authorize the GeneralSenate ManagerAmendment ofNo. the Authority to restrict water usage during certain water emergencies and shortages and provides that the Board of Directors must ratify any such restrictions imposed by the General Manager.

EXPLANATION735 –to MatterAssembly inBill boldedNo. italics is new;

matter220 betweenSecond bracketsReprint [omittedPage material]7 isand materialshortages toand beprovides omitted.that the Board of Directors must ratify any such restrictionss imposed by the General Manager.

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

IN Section 1.

Upon an affirmative vote of two-thirds of all the members of the district board of health, the district board of health may impose a voluntary annual fee on property owners with existing - 82nd Session (2023) – 6 – septic systems whose property is served by a municipal water system to carry out the provisions of this section.

(a) The fee must not exceed the annual sewer rate charged by the largest community sewerage disposal system in the county or counties, as applicable, in which the district board of health has been established;

located1. within the limits of the incorporated city all or any part of an area serviced by a water system;

The governing body of an incorporated city in which is located within the limits of the incorporated city all or any part of an area serviced by a water system;

Sec.Senate Amendment No.

735 to Assembly Bill No.

220 Second Reprint Page 8 Sec.

445A.890 Before making the finding specified in NRS 445A.910 and before making the determinations specified in - 82nd Session (2023) – 7 – NRS 244.3655, 268.4102 and 445A.895, the Commission or Division , as applicable, shall request comments from the:

system3. is located;

andntLocal government within whose jurisdiction the water 4.system is located;

and 4.

(a) [Responsibility in case of] That, except as otherwise provided in paragraph (b), in the event of a default by the builder , [or] developer or owner of the water system , the sole and exclusive obligation of the local governing body shall be to use the surety furnished to the local governing body pursuant to subsection 5 to contract with and pay the operator of the water system for [its] the termscontinued operation and conditionsmaintenance of[in theaccordance permit.]with ofall the waterterms system.lland theconditions (b) [The] To assume the duty of assessing the landspermit.] served as provided in subsection 6 [.] in the event of default by the builder, developer or owner of the water system.

(b) [The] To assume the duty of assessing the lands served as provided in subsection 6 [.] in the event of default by the builder, developer or owner of the water system.

- 82nd Session (2023) – 8 – 6.

(a) Furnish the local governing body sufficient surety, in the form of a bond, certificate of deposit, investment certificate, properly established and funded reserve account or any other form acceptable to the governing body, to ensure the continuedhercontinued form maintenance and operation of the water system and continued technical, financial and managerial capability of the water system;

(2)Senate ThatAmendment theNo. owners of the lands will annually provide the local governing body with a financial audit of the water system, including, without limitation, any reserve account, if established, to ensure the adequacy of the financial management of the water system;

and735 (3) An acknowledgment of and agreement with the obligations of the local governing body pursuant to subsectionAssembly 4Bill and7.ubIfNo. the water system uses or stores ozone, the portion of the system where ozone is used or stored must be constructed not less than 100 feet from any existing residence, unless the owner and occupant of each residence located closer than 100 feet consent to the construction of the system at a closer distance.

220 Second Reprint Page 9 (2) That the owners of the lands will annually provide the local governing body with a financial audit of the water system, including, without limitation, any reserve account, if established, to ensure the adequacy of the financial management of the water system;

and (3) An acknowledgment of and agreement with the obligations of the local governing body pursuant to subsection 4 and subsection 3 of NRS 445A.905.

7.

If the water system uses or stores ozone, the portion of the system where ozone is used or stored must be constructed not less than 100 feet from any existing residence, unless the owner and occupant of each residence located closer than 100 feet consent to the construction of the system at a closer distance.

and (b) Water provided by a public utility or a municipality or other public entity is reasonably available, - 82ndthe Sessionlocal (2023)governing –body 9shall, –in a county whose population is 700,000 or more, and may, in all other counties, pursuant to NRSsNRS 244.3655 or 268.4102, require all users of the water system to connect into the available water system provided by a public utility or a municipality or other public entity, and each lot or parcel will be assessed by the local governing body for its proportionate share of the costs associated with connecting into that water system.

parcels445A.905 and1. the sureties required pursuant to NRS 445A.895 must be deposited with the treasurer of the local governing body which received them, and they may be expended only for the:

The proceeds of any assessments upon lots or parcels and the sureties required pursuant to NRS 445A.895 must be deposited with the treasurer of the local governing body which received them, and they may be expended only for the:

If any surplus exists in the proceeds of assessments and the sureties required pursuant to NRS 445A.895 after all purposes of the assessments and sureties have been fully met, the surplus must be refunded to the persons who paid the assessments [,] and sureties, in the proportion that their respective assessments and sureties bear to the gross proceeds of all assessments and sureties collected by the local governing body.

all assessments and sureties 3.

(b)Senate ExtendAmendment creditNo. on behalf of a builder, developer or owner of land to be served by the water system;

or735 - 82nd Session (2023) – 10 – (c) Collect any unpaid assessment, unless the local governing body has agreed to assumeAssembly theBill dutyNo. for the assessments pursuant to subsection 4 of NRS 445A.895.

220 Second Reprint Page 10 (b) Extend credit on behalf of a builder, developer or owner of land to be served by the water system;

or (c) Collect any unpaid assessment, unless the local governing body has agreed to assume the duty for the assessments pursuant to subsection 4 of NRS 445A.895.

(Deleted by amendment.) 461.175Sec. 1.NRS 4Each75 ismanufacturedded tbuildings foonows:which construction begins on or after March 1, 1992, and before March 1, 1993, must incorporate the following minimal standards for plumbing fixtures:

6.

NRS 461.175 is hereby amended to read as follows:

461.175 1.

Each manufactured building on which construction begins on or after March 1, 1992, and before March 1, 1993, must incorporate the following minimal standards for plumbing fixtures:

(b) A shower apparatus which uses more than 2.5 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 2.5 gallons of water or less per(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 2.5 gallons per minute.

(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 2.5 gallons per minute.

- 82nd Session (2023) – 11 – 4.

on5. or after January 1, 2024, and each existing manufacturedins building which is expanded or renovated on or after January 1, 2024:

Each manufactured building on which construction begins on or after January 1, 2024, and each existing manufactured building which is expanded or renovated on or after January 1, 2024:

6.Senate Amendment No.

735 to Assembly Bill No.

220 Second Reprint Page 11 6.

(a) A water system which is located in a county and was constructed on or after July 1, 1991, is not satisfactorily serving the needs of its users;

and July 1, 1991, is not satisfactorily serving the (b) Water provided by a public utility or a municipality or other public entity [is reasonably available to those users,] may be accessed within 1,250 feet of any lot of parcel served by the water system,  the board of county commissioners of that county shall, in a county whose population is 700,000 or more, and may , in all other counties, require all users of the system to connect into the available water system provided by a public utility or a municipality or other public entity, and may assess each lot or parcel served for its proportionate share of the costs associated with connecting into that water system.

- 82nd Session (2023) – 12 – 2.

Secs.Sec.

88. and 9.

9.

(Deleted by amendment.) Sec.

determines268.4102 that:f1. the State Environmental Commission (a) A water system which is located within the boundaries of a city and was constructed on or after July 1, 1991, is not satisfactorily serving the needs of its users;

If the State Environmental Commission determines that:

(a) A water system which is located within the boundaries of a city and was constructed on or after July 1, 1991, is not satisfactorily serving the needs of its users;

Chapter 278 of NRS is hereby amended by adding theSec.thereto the provisions set forth as sections 13 and 14 of this act.

Sec.

In a county whose population is 700,000 or more,ismore, act.when any subdivider proposes to subdivide land that will be served by a public water system, the planning commission or its designated representative, or, if there is no planning commission, the clerk or other designated representative of the governing body, shall file a copy of the subdivider’s tentative map with the supplier of water.

when any subdivider proposes to subdivide land that will be served by a public water system, the planning commission or its designated representative, or, if there is no planning commission, the clerk or other designated representative of the governing body, shall file a copy of the subdivider’s tentative map with the supplier of water.

Sec.Senate Amendment No.

735 to Assembly Bill No.

220 Second Reprint Page 12 Sec.

A final map presented for filing which is subject to the provisions of NRS 278.347 or section 13 of this act must include a certificate by the supplier of water showing that the final map is approved by the supplier of water with regard to the -availability 82ndof Sessionwater (2023)which –meets 13applicable –health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision.

When any subdivider proposes to subdivide land, any part of which is located within the boundaries of any general improvement district organized or reorganized pursuant to chapter 318 of NRS, the planning commission or its designated representative, or, if there is no planning commission, the clerk or other designated representative of the governing body shall file a copy of the subdivider’s tentative map with [the] :

The board of trustees may(b)may Ifwithin] the; subdivision will be served by a public water system, the supplier of water in the district.

and (b) If the subdivision will be served by a public water system, the supplier of water in the district.

The planning commission or governing body shall take any such comments submitted pursuant to subsection 2 by the board of trustees and the supplier of water, if applicable, into consideration befSec.before approving the tentative map.

Sec.

or -(b) 82nd Session (2023) – 14 – days,) In a county whose population is less than 700,000, within 60 days,  after receipt of the planning commission’s recommendations.

(b)Senate TheAmendment availabilityNo. of water which meets applicable health needs of the subdivision;nt in quantity for the reasonably foreseeable (c) The availability and accessibility of utilities;

735 to Assembly Bill No.

220 Second Reprint Page 13 (b) The availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision;

(c) The availability and accessibility of utilities;

(i) The recommendations and comments of those entities and 278.3485,persons inclusive;ereviewing the tentative map pursuant to NRS 278.330 to (j)278.3485, Theinclusive; availability and accessibility of fire protection, including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires, including fires in wild lands;

(j) The availability and accessibility of fire protection, including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires, including fires in wild lands;

and (l) The submission by the subdivider of an affidavit stating that the subdivider will make provision for payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and -recording 82ndrequirements Sessionof (2023)paragraph –(f) 15of –subsection 1 of NRS 598.0923, if applicable, by the subdivider or any successor in interest.

and (b) For any tentative map subject to the requirements of NRS 278.347 or section 13 of this act, the supplier of water that will serve the subdivision has determined that there is available water which meets applicable health standards and is sufficient in quantity Anyfor disapprovalthe orreasonably conditionalforeseeable approvalneeds mustof includethe adivision.subdivision.

 Any disapproval or conditional approval must include a statement of the reason for that action.

If the map includes the reversion of any street or easement owned by a city, a county or the State, the provisions of NRS 278.480 must be followed before approval of the map.visionsmap. of 2.

Senate Amendment No.

735 to Assembly Bill No.

220 Second Reprint Page 14 2.

The professional land surveyor may state in the certificate that he or she assumes no responsibility for the existence of the monuments or for correctness of other information shown on or copied from - 82nd Session (2023) – 16 – the document.

(b) Be clearly and legibly drawn in black permanent ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such a purpose in thealsthe of a engineering profession.

If a county or city has no building code, it shall adopt those requirements by ordinance and provide for their enforcement by its own officers or employees or through interlocal agreement by the officers or employees of another local government.

-(a) 82ndA Sessiontoilet (2023)which –uses 17water –must not be installed unless its consumption of water does not exceed 3.5 gallons of water per its flush.

Except as otherwise provided in subsection [6,] 7, each residential, commercial or industrial structure on which construction begins on or after March 1, 1993, and before January 1, 2020, and each existing residential, commercial or industrial structure which is expanded or renovated on or after March 1, 1993, and beforeSenate JanuaryAmendment 1,No. 2020, must incorporate the following minimal standards for(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 1.6 gallons of water per flush.

735 to Assembly Bill No.

220 Second Reprint Page 15 before January 1, 2020, must incorporate the following minimal standards for plumbing fixtures:

(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 1.6 gallons of water per flush.

(f) Each faucet installed in a lavatory or kitchen must not allow wat(g)water Eachto faucetflow installedat in a publicrate restroomgreater mustthan contain2.5 agallons mechanismper whichminute. closes the faucet automatically after a predetermined amount of water has flowed through the faucet.

(g) Each faucet installed in a public restroom must contain a mechanism which closes the faucet automatically after a predetermined amount of water has flowed through the faucet.

Except as otherwise provided in subsection [6,] 7, each residential, commercial or industrial structure on which construction begins on or after January 1, 2020, and each existing residential, -commercial 82nd Session (2023) – 18 – on or afterindustrial Januarystructure 1, 2020:ucture which is expanded or renovated (a)on If the WaterSense program established by the United States Environmental Protection Agency has developed a final product specification for a type of toilet, shower apparatus, urinal or faucet,after mustJanuary not1, install2020: any toilet, shower apparatus, urinal or faucet that has not been certified under the WaterSense program.

(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that has not been certified under the WaterSense program.

(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final productatesproduct specification for an irrigation controller or spray sprinkler body, must not install any irrigation controller or spray sprinkler body that has not been certified under the WaterSense program.

(1) Tested by an accredited third-party certifying body or laboratory in accordance with the United States Environmental Protection Agency’s WaterSense program or an analogous successor program;

and (3)Senate AuthorizedAmendment byNo. the WaterSense program or an analogous successor program to use the WaterSense label or the label of an analogous successor program.

-735 82nd Session (2023) – 19 – plumbing fixture or landscape irrigation fixture to beAssembly certifiedBill underNo. the WaterSense program, a plumbing fixture or landscape irrigation fixture that was certified under the previous requirements shall be deemed certified for use under the WaterSense program for a period of 12 months following the modification of the requirements for certification.

220 Second Reprint Page 16 (3) Authorized by the WaterSense program or an analogous successor program to use the WaterSense label or the label of an analogous successor program.

(b) If the WaterSense program modifies the requirements for a plumbing fixture or landscape irrigation fixture to be certified under the WaterSense program, a plumbing fixture or landscape irrigation fixture that was certified under the previous requirements shall be deemed certified for use under the WaterSense program for a period of 12 months following the modification of the requirements for certification.

(b) Except as otherwise provided in federal law, do not prohibit the governing body of a county or city from adopting more stringent requirements for plumbing fixtures or landscape irrigation fixtures.

(1) The approvals were requested more than 30 days before the date on which the request for filing is made;

anddaysand before (2) The agency has not refused its approval.

- 82nd Session (2023) – 20 – 3.

Pending completion of the planned unit development, or of the part that has been finally approved, no modification of the provisions of the plan, or any part finally approved, may be made, nor may it be impaired by any act of the city or county except with the consent of any landowners affected by the modification and in accordance with the provisions of NRS 278A.410.odification278A.410. and in 4.

4.

Sec.Senate Amendment No.

735 to Assembly Bill No.

220 Second Reprint Page 17 Sec.

(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 3 gallons per minute.

not allow (d) A toilet or urinal which employs a timing device or other mechanism to flush periodically irrespective of demand must not be installed.

(b) A shower apparatus which uses more than 2.5 gallons of water per minute must not be installed unless it is equipped with a -device 82ndto Sessionreduce (2023) – 21 – per minute.educe water consumption to 2.5 gallons of water or less (c) A urinal which uses water must not be installed unless its consumption of water does not exceed 1 gallon of water per flush.minute.

(c) A urinal which uses water must not be installed unless its consumption of water does not exceed 1 gallon of water per flush.

Except as otherwise provided in subsection 8, each public building, other than a prison or jail, on which construction begins on or after January 1, 2020, and each existing public building which isonis expanded or renovated on or after January 1, 2020:

For the purposes of subsection 4, a plumbing fixture is considered certified under the WaterSense program if the fixture meets the requirements of paragraph (a) or (b) of subsection [5] 6 of NRS6.78.EachNRS public278.582. building, other than a prison or jail, on which construction begins on or after January 1, 2024, and each existing public building which is expanded or renovated on or after January 1, 2024:

Senate Amendment No.

735 to Assembly Bill No.

220 Second Reprint Page 18 6.

Each public building, other than a prison or jail, on which construction begins on or after January 1, 2024, and each existing public building which is expanded or renovated on or after January 1, 2024:

-(b) 82ndIf Sessionthe (2023)WaterSense –program 22has –not developed a final product specification for a type of irrigation controller or spray sprinkler body, must not install any irrigation controller or spray sprinkler body that does not comply with any applicable requirements of federal law and the building code of the county or city.

or (b) A public building if the public building was constructed 50 years or more before the current year, regardless of whether that public building has been expanded or renovated since its original conSec.construction.

Sec.

(4) Measurement or metering of the use of water;

(c) An eligible recipient to pay the following costs associated with connecting a domestic well or well with a temporary permit to a municipal water system, if the well was in existence on or before October 1, 1999, and the well is located in an area designated by the -State 82ndEngineer Sessionpursuant (2023)to –NRS 23534.120 – groundwater basin is being depleted:20 as an area where the (1)groundwater Anybasin localis orbeing regionaldepleted: fee for connection to the municipal water system.

(1) Any local or regional fee for connection to the municipal water system.

(d) An eligible recipient to pay the following costs associated with abandoning an individual sewage disposal system and connecting the property formerly served by the abandoned individual sewage disposal system to a community sewage disposal system, if the Division of Environmental Protection requires the individual sewage disposal system to be abandoned and the property upon which the individual sewage disposal system was located to be connected to a community sewageSenate disposalAmendment systemNo. pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, or any regulations adopted pursuant thereto:

(1)735 Any local or regional fee for connection to theAssembly commun(2)Bill TheNo. cost of any capital improvement that is required to comply with a statute of this State or a decision, directive, order or regulation of the Division of Environmental Protection.

220 Second Reprint Page 19 sewage disposal system pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, or any regulations adopted pursuant thereto:

(1) Any local or regional fee for connection to the community sewage disposal system.

(2) The cost of any capital improvement that is required to comply with a statute of this State or a decision, directive, order or regulation of the Division of Environmental Protection.

(2) The cost of any capital improvement that is required for the water quality in the area where the well is located to comply 300fwith etthe seq.,standards andof the regulationsSafe adoptedDrinking pursuantWater thereto..Act, 42 U.S.C.

§§ (3)300f Theet costseq., of plugging and abandoning a well and connecting the propertyregulations formerlyadopted servedpursuant bythereto. the well to a municipal water system.

(3) The cost of plugging and abandoning a well and connecting the property formerly served by the well to a municipal water system.

- 82nd Session (2023) – 24 – 3.

(a) Require the nonprofit association or nonprofit cooperative corporation to include in the contract for the construction work the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to those statutory provisions.

(b) “Governing body” has the meaning ascribed to it in NRS(c) “Water resource plan” means a water resource plan created pursuant to NRS 278.0228.278.015.

(c) “Water resource plan” means a water resource plan created pursuant to NRS 278.0228.

(a)Senate AAmendment toiletNo. which uses water must not be installed unless its consumption of water does not exceed 3.5 gallons of water per flush.

735 to Assembly Bill No.

220 Second Reprint Page 20 (a) A toilet which uses water must not be installed unless its consumption of water does not exceed 3.5 gallons of water per flush.

-(c) 82ndEach Sessionfaucet (2023)installed –in 25a –lavatory or kitchen must not allow water to flow at a rate greater than 3 gallons per minute.

not allow 2.

(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final productatesproduct specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that has not been certified under the WaterSense program.

(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final productatesproduct specification for an irrigation controller or spray sprinkler body, must not install any irrigation controller or spray sprinkler body that has not been certified under the WaterSense program.

(b) If the WaterSense program has not developed a final product specification for a type of irrigation controller or spray sprinkler body, must not install any irrigation controller or spray sprinkler body that does not comply with any applicable - 82nd Session (2023) – 26 – requirements of federal law and the building code of the county or city.

For the purposes of subsection 5, a landscape fixture is considered certified under the WaterSense program if the fixture NRSmeets 278.582.quirementsthe requirements of paragraph (a) or (b) of subsection 6 of Sec.NRS 278.582.

Sec.

or [(b)]Senate (2)Amendment IfNo. 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.

735 to Assembly Bill No.

220 Second Reprint Page 21 [(b)] (2) 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.

and] (c)(b) “Public“Guzzler” agency”has meansthe anmeaning agency,ascribed bureau,to board,it in NRS 501.121.

(c) “Public agency” means an agency, bureau, board, commission, department or division of this State or a political subdivision of this State.

In the interest of public welfare, the State Engineer is authorized and directed to designate preferred uses of water within the respective areas so designated by the State Engineer and from which the groundwater is being depleted, and in acting on -applications 82ndto Sessionappropriate (2023)groundwater, –the 27State –Engineer may designate such preferred uses in different categories with respect to the particular areas involved within the following limits:

(a) Water can be furnished by [an] a public entity such as a water district or a municipality presently engaged in furnishing wat(b)water Theto property served is within 1,250 feet of the waterinhabitants furnishedthereof pursuant[.] to; paragraph (a).

and (b) The property served is within 1,250 feet of the water furnished pursuant to paragraph (a).

[(d)]Senate (c)Amendment ProhibitNo. the drilling of wells for domestic use [, as defined in NRS 534.013,] in areas where water can be furnished by [an] a public entity such as a water district or a municipality pre[(e)] (d) In connection with the approval of a parcel map inf.

which735 any parcel is proposed to beAssembly servedBill byNo. a domestic well, require the dedication to a city or county or a designee of a city or county, or require a relinquishment to the State Engineer, of any right to appropriate water required by the State Engineer to ensure a sufficient supply of water for each of those parcels, unless the dedication of the right to appropriate water is required by a local ordinance.

-220 82ndSecond SessionReprint (2023)Page –22 28[(d)] –(c) pursuantProhibit tothe subsectiondrilling 3of wells for residentialdomestic use,use and[, requireas adefined personin toNRS whom534.013,] groundwaterin wasareas appropriatedwhere pursuantwater tocan thebe permitfurnished toby obtain[an] watera frompublic an entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants ofthereof. the designated area, only if:

[(e)] (d) In connection with the approval of a parcel map in which any parcel is proposed to be served by a domestic well, require the dedication to a city or county or a designee of a city or county, or require a relinquishment to the State Engineer, of any right to appropriate water required by the State Engineer to ensure a sufficient supply of water for each of those parcels, unless the dedication of the right to appropriate water is required by a local ordinance.

[4.

The State Engineer may revoke a temporary permit issued pursuant to subsection 3 for residential use, and require a person to whom groundwater was appropriated pursuant to the permit to obtain water from an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area, only if:

(1) Deny any applications to appropriate groundwater for use in areas served by a public entity such as a water district or a municipality presently engaged in furnishing water;

[(a)] (1) The distance from the property line of any parcel served by the well to the pipes and other appurtenances of the proposed source of water to which the property will be connected is not more than 180 feet;

and which the property will be connected is [(b)] (2) The deepening or repair of the well would require the use of a well-drillingwell- drilling rig.

The provisions of this section do not prohibit the State Engineer from revoking a temporary permit issued pursuant to this section if any parcel served by a well pursuant to the temporary -permit 82ndis Sessioncurrently (2023)obtaining –water 29from –[an] a public entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the area.

2.Senate Amendment No.

735 to Assembly Bill No.

220 Second Reprint Page 23 2.

The State Engineer shall make available forms for the registration of such wells and sha3.shall maintain a register of those wells.

The3. State Engineer may require the plugging of such a well which is drilled on or after July 1, 1981, at any time not sooner than year after water can be furnished to the site by:

The State Engineer may require the plugging of such a well which is drilled on or after July 1, 1981, at any time not sooner than 1 year after water can be furnished to the site by:

(1) Obtain approval for that use or purpose from the local wellgoverning isbody located;ror planning commission in whose jurisdiction the (2)well Installis alocated; water meter capable of measuring the total withdrawal of water from the well;

(2) Install a water meter capable of measuring the total withdrawal of water from the well;

-(c) 82ndThe SessionState (2023)Engineer –shall 30monitor –the annual withdrawal of water from the well;

andrand shall monitor the annual withdrawal of (d) The date of priority for the use of the domestic well to supply water to the accessory dwelling unit is the date of approval of the accessory dwelling unit by the local governing body or planning commission.

Except as otherwise provided in this subsection, applications for the original appropriation of such waters, or to change the holder of the entitlement to appropriate water, place of diversion, manner of use or place of use of water covered by the original appropriation, must be made to the Commission in accordance with the regulations of the Commission.

It shall also furnish to the State Engineer any other informationSenate itAmendment possessesNo. relating to the use of water from the Colorado River which the State Engineer deems necessary to allow the State Engineer to act on applications for permits for the subsequent appropriation of these waters after the4.falNotwithstanding any provision of chapter 533 of NRS, any original appropriation and use of the waters described in subsection by the Commission or by any entity to whom or with whom the Commission has contracted the water is not subject to regulation by the State Engineer.

735 to Assembly Bill No.

220 Second Reprint Page 24 information it possesses relating to the use of water from the Colorado River which the State Engineer deems necessary to allow the State Engineer to act on applications for permits for the subsequent appropriation of these waters after they fall within the State Engineer’s jurisdiction.

4.

Notwithstanding any provision of chapter 533 of NRS, any original appropriation and use of the waters described in subsection 1 by the Commission or by any entity to whom or with whom the Commission has contracted the water is not subject to regulation by the State Engineer.

Any use of water from the Muddy River or the Virgin River for the creation of any developed shortage supply or intentionally created surplus does not require the submission of an application to - 82nd Session (2023) – 31 – the State Engineer to change the place of diversion, manner of use or place of use.

in(b) NRS“Intentionally 533.030.onally created surplus” has the meaning ascribed to it Sec.in NRS 533.030.

Sec.

If the Federal Government [declares a shortage on] reduces Nevada’s allocation of the Colorado River for the upcoming year [,] to 270,000 acre-feet or less, the Board of Directors may limit each single-family residence that uses the waters of the Colorado River distributed by the Southern Nevada Water Authority or a member agency of the Southern Nevada Water Authority to not more than 0.5 acre-feet of water for that upcoming year.

Any limitation imposed by the Board of Directors may not go into effect before December 31 of the year before the year for which the [shortage is declared.] Federal Government has 270,000reduced acre-feetNevada’s orallocation less.n of the Colorado River to 2.270,000 acre-feet or less.

If2. the Board of Directors limits water usage of single-family residences pursuant to subsection 1, the Southern Nevada Water Authority and the member agencies of the Southern Nevada Water Authority shall notify all customers of the action of the Board of Directors to limit water usage by not later than October 1 of the year before the year for which the Federal Government has reduced Nevada’s allocation of the Colorado River to 270,000 acre- feet or less.

If the Board of Directors limits water usage of single-family residences pursuant to subsection 1, the Southern Nevada Water Authority and the member agencies of the Southern Nevada Water Authority shall notify all customers of the action of the Board of Directors to limit water usage by not later than October 1 of the year before the year for which the [shortage is declared.] Federal Government has reduced Nevada’s allocation of the Colorado River to 270,000 acre- feet or less.

-220 82nd Session (2023) – 32 – of the 82nd Session of the Nevada Legislature, on any parcel of property that uses or will use the waters of the Colorado River distributed by the Southern Nevada Water AuthoritySenate orAmendment oneNo. of the member agencies of the Southern installed.er Authority no new septic system may be 2.

735 to Assembly Bill No.

220 Second Reprint Page 25 Authority or one of the member agencies of the Southern Nevada Water Authority no new septic system may be installed.

2.

Except as otherwise provided in subsection 4, on and after January 1, 2024, any new turf that is installed on a parcel of property that uses or will use the waters of the Colorado River distributed by the Southern Nevada WatertheWater Authority or one of the member agencies of the Southern Nevada Water Authority must be installed in accordance with any requirements for turf adopted by the Board of Directors pursuant to subsection 3.

- 82nd Session (2023) – 33 – being chapter 364, Statutes of Nevada 2021, at page 2179, is hereby amended by adding thereto a new section to be designated as section 39.5, immediately following section 39, to read as follows:

30.

The Conservation of Colorado River Water Act, being chapter 364, Statutes of Nevada 2021, at page 2179, is hereby amended by adding thereto a new section to be designated as section 39.5, immediately following section 39, to read as follows:

Sec.

irrigation(a) waterDevelop efficiencyand monitoringestablish program;elinespolicies forand anguidelines (b) Establish deadlines within the service area of the Southern Nevada Water Authority for anyan owner subject to the requirements of subsection 1 to begin participating in the irrigation water efficiency monitoring program;

(b) Establish deadlines within the service area of the Southern Nevada Water Authority for any owner subject to the requirements of Senate Amendment No.

735 to Assembly Bill No.

220 Second Reprint Page 26 subsection 1 to begin participating in the irrigation water efficiency monitoring program;

Water Act, being chapter 364, Statutes of Nevada 2021, at page 2180, is hereby amended to read as follows:

31.

Section 39 of the Conservation of Colorado River Water Act, being chapter 364, Statutes of Nevada 2021, at page 2180, is hereby amended to read as follows:

Sec.

-2. 82nd Session (2023) – 34 – (a) Define “functional turf” and “nonfunctional turf” for the purposes of subsection 1 and promulgate the definitions in the service rules , ordinances or codes of the member agencies of the Southern Nevada Water Authority;

The Board of Directors shall:

(a) Define “functional turf” and “nonfunctional turf” for the purposes of subsection 1 and promulgate the definitions in the service rules , ordinances or codes of the member agencies of the Southern Nevada Water Authority;

her3. designee may approve an extension or a waiver from:r (a) The prohibition set forth in subsection 1;

The [Board of Directors] General Manager or his or her designee may approve an extension or a waiver from:

(a) The prohibition set forth in subsection 1;

or (b) Using alternative sources of water to irrigate nonfunctional turf on and after January 1, 2027, on any property that is not [zoned] used exclusively [for] as a single-single-family family residence.

Act, being chapter 572, Statutes of Nevada 1997, as amended by chapter 468, Statutes of Nevada 1999, at page 2387, is hereby amended to read as follows:

32.

Section 13 of the Southern Nevada Water Authority Act, being chapter 572, Statutes of Nevada 1997, as amended by chapter 468, Statutes of Nevada 1999, at page 2387, is hereby amended to read as follows:

Sec.

The Southern Nevada Water Authority may establish and collect each calendar year a fee to be assessed on users of groundwater inSenate theAmendment Basin.No.

735 to Assembly Bill No.

220 Second Reprint Page 27 in the Basin.

-(a) 82ndUsers Sessionof (2023)groundwater, –other 35than –owners of domestic wells, may be assessed a fee each calendar year of not more than $13 per acre-foot, or its equivalent, of groundwater in the Basin to which they have a water right in that year.

(b) Owners of domestic wells may be assessed a flat fee each4.each calendar year of not more than $30.

4.

As used in this section, “water right” means the legal right to use water that has been appropriated pursuant to chapters 533 and 534 of NRS by means of application, Sec.permit, certificate, decree or claim of vested right.

Sec.

(a) A project for the recharge and recovery or underground storage and recovery of water pursuant to - 82nd Session (2023) – 36 – chapter 534 of NRS for the benefit of owners of wells in the Basin [.] ;

The Southern Nevada Water System Act of 1995, being chapter 393, Statutes of Nevada 1995, at page 963, is hereby amended by adding thereto a new section to be designated as section 2.5, immedSec.immediately following section 2, to read as follows:

Senate Amendment No.

735 to Assembly Bill No.

220 Second Reprint Page 28 Sec.

1.wingThe1. Board of Directors of the Southern Nevada Water Authority may, by resolution, authorize the General Manager to restrict the use of water:

The Board of Directors of the Southern Nevada Water Authority may, by resolution, authorize the General Manager to restrict the use of water:

~~~~~ 23 - 82nd Session (2023)