AB 19 — Revises provisions relating to water. (BDR 48-233)

A.B.Assembly Bill No.

1919–Committee Aon SSEMBLYNatural BResources ILLNCHAPTER.......... O.

19–COMMITTEE ON NATURAL R ESOURCES (ON B EHALF OF THE D IVISION OFW ATER RESOURCES OF THE STATE DEPARTMENT OF C ONSERVATION AND N ATURAL RESOURCES ) PREFILED N OVEMBER 16, 2022 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions relating to water.

(BDR 48-233) 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.

LegExistingLegislative lawCounsel’s establishesDigest: the Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program which provides grants to local governments in this State for the clearance, maintenance, restoration, surveying and monumenting of navigable rivers in this State.

Surveying and Monumenting Program which provides grants to local governments in this State for the clearance, maintenance, restoration, surveying and monumenting of navigable rivers in this State.

Section 1 of this bill defines “tribal government” to conformingmean changea tofederally includerecognized tribalAmerican governmentsIndian intribe. the entities eligible to receive money from the Account for the Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program in the State General Fund.

Section 3 of this bill makes a money from the Account for the Channel Clearance, Maintenance, Restoration, receive Surveying and Monumenting Program in the State General Fund.

(NRS 533.080) Section 4 of this bill providesricted that an officer or employee of a tribal government who is not a professional engineer or professional land surveyor may also apply for appointment as a state - *AB19* – 2 – water right surveyor, but any certificate issued to such an officer or employee is restricted to work for the tribal government.

THEEXPLANATION PEOPLE– OFMatter THEin STATEbolded OFitalics NEVADA,is REPRESENTEDnew; IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sectionmatter 1.between brackets [omitted material] is material to be omitted.

THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.

2.- 82nd Session (2023) – 2 – governments in this [state] State in the clearance, maintenance, restoration, surveying and monumenting of navigable rivers.

This Program is to aid local governments and tribal governments in this [state] State in the clearance, maintenance, restoration, surveying and monumenting of navigable rivers.

The State, its departments, divisions and agencies, an incorporated city, a county , [and] all other political subdivisions of this [state,] State and tribal governments in this State, and their employees and agents, are immune from civil liability for damages caused by an alteration or disturbance of a riverbed or flooding sustained as a result of any act or omission by an employee or agent in clearing or causing to be cleared, maintaining or restoring a channel of a river pursuant to this section if the channel is cleared, maintained or restored pursuant to a permit granted by the Division of State Lands of the State Department of Conservation and NaturalNaturaln Resources and such other permits and approvals as are required by law.

(a) The governmental entity applies for the applicable permits from the Division of State Lands and from the Division of - *AB19* – 3 – Environmental Protection of the State Department of Conservation and Natural Resources;

(c) The governmental entity applies for a grant pursuant to subsection 3;

andandmental entity applies for a grant pursuant to (d) The grant is denied for lack of money in the Account for the Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program after:

- 82nd Session (2023) – 3 – 6.

As used in this section, “navigable river” means a river or stream that is used, or is susceptible of being used, in its ordinary condition for trade or travel in the customary modes of trade ororinary travel on rivers or streams.

No survey, map or measurement of flow of water may be approved by the State Engineer unless the survey is made by a state water right surveyor.

Engineer unless the survey is made by a state 2.

Any licensed professional engineer or land surveyor who has a practical knowledge of surveying or engineering and who is familiar with land surveying and mapping and the measurement of - *AB19* – 4 – water, and who is of good moral standing, must be considered for appointment as a state water right surveyor upon application to the State Engineer.

- 82nd Session (2023) – 4 – 5.

All application and renewal fees must be accounted for in the State Engineer’s Water License Account, which is hereby created in the State General Fund, and must be used to pay costs pertaining to the certificate and renewal and other costs associated with carrying out the provisions of this section.

H~~~~~ 23 - *AB19*82nd Session (2023)