SB 112 — Revises provisions governing groundwater basin assessments. (BDR 48-600)

EXEMPT (Reprinted with amendments adopted on April 18, 2023) FIRST REPRINT S.B.

LegislativeLegExisting Counsel’slaw Digest:requires the board of county commissioners of a county to levy a special assessment in an amount necessary to pay the salaries and expenses of well supervisors, assistants of well supervisors and the Well Drillers’ Advisory Board, if fees collected for certain licenses are not sufficient to pay such salaries and expenses.

Existing law requiresauthorizes the board of county commissioners of a county to levypay those salaries and expenses by appropriating money from the general fund of the county, if the amount of a special assessment incombined anwith amountall necessaryother totaxes payand theassessments salarieslevied andupon expensesa property owner is less than the cost of wellcollecting supervisors,the assistants of well supervisors andemployed by the WellState Drillers’Engineer Advisoryare Board,exempt iffrom expenses.certain provisions of existing law governing public officers and employees.

Existing(NRS law534.040) authorizesSections the1 boardand 3 of countythis commissionersbill ofprohibit athe countyuse toof paythe thosemoney salarieslevied andfrom expensessuch bya appropriatingspecial assessment or money appropriated from the general fund of thea county,county ifto pay the amountsalaries and expenses of a specialperson assessmentemployed combinedby withthe allState otherEngineer taxeswho andis assessmentssubject leviedto uponcertain aprovisions propertyof ownerexisting islaw lessgoverning thanpublic theofficers costand ofemployees. collecting the special assessment.

(NRSSection 534.040)2 Sections 1 and 3 of this bill prohibit the use of the money levied from such a special assessment or money appropriated from the general fund of a county to pay the salaries and expenses of the State Engineer or bill makes a conforming change to account for a change to an internal reference inthisin section 3.

Existing law requires such special assessments to be deposited with the State Treasurer for credit to the Water District Account to be accounted for in basin well accounts.

(NRS 534.040) Section 3 requires the State Engineer to annuallyprovide, submitupon tothe eachwritten request of a board of county commissioners which may be requested not more than once each year, a report on the expenditures and activities groundwaterfrom basin.trictthe Water District Account for the particular basin well account of that Existing law further establishes, subject to certain exceptions, a minimum charge of $1 for a special assessment upon certain areas in which the use of groundwater isbasin. predominately for agricultural purposes.

(NRSExisting 534.040)law Sectionfurther 3establishes, establishessubject to certain exceptions, a maximumminimum chargegroundwater ofis $2predominately for suchagricultural assessments.purposes.

-(NRS *SB112*534.040) –Section 23: – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- *SB112_R1* – 2 – (1) removes the minimum charge;

and (2) establishes a maximum charge that is equal to the existing charge as of June 30, 2023, plus the annual percentage Section 3 further authorizes the State Engineer to increase the amount of thents.

maximum charge with the approval of the board of county commissioners.

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

The State Engineer shall determine whether or not a groundwater board is to be established and may direct its establishment by order.rdorder. 2.

If2. a groundwater board is established, the governing bodies of all the cities and towns within the designated area, the board of county commissioners of each county in which the area is located, and the governing body of any water district in which the area is included, or partly included, shall each submit a list of names of residents of the area to the Governor, who shall appoint seven members of the board.

If a groundwater board is established, the governing bodies of all the cities and towns within the designated area, the board of county commissioners of each county in which the area is located, and the governing body of any water district in which the area is included, or partly included, shall each submit a list of names of residents of the area to the Governor, who shall appoint seven - *SB112_R1* – 3 – members of the board.

- *SB112* – 3 – 4.

- *SB112_R1* – 4 – 10.

Upon the initiation of the administration of this chapter in any particular basin, and where the investigations of the State Engineer have shown the necessity for the supervision over the waters of that basin, the State Engineer may employ a well - *SB112* – 4 – supervisor and other necessary assistants, who shall execute the duties as provided in this chapter under the direction of the State Engineer.

Money levied from a special assessment or appropriated from the general fund of a county pursuant to this section must not be used to pay the salaries and expenses of thean Stateemployee Engineersubject orto the technical,provisions clericalof andchapter operational284 staff of theNRS. State Engineer.

The[The minimum charge is $1$1.] [.]Except andas otherwise provided in this subsection, the maximum charge is $2.equal to the existing charge as of June 30, 2023, plus the annual percentage increase - *SB112_R1* – 5 – in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding year.

The State Engineer may, with the approval of the board of county commissioners, increase the charge beyond the maximum set forth in this subsection.

- *SB112* – 5 – 6.

The State Engineer shall submitprovide annually on or before the first Monday in October to eacha board of county commissioners in this State which levies a special assessment or appropriates money from the general fund of the county pursuant to this sectionsection, upon written request from a board of county commissioners not more than once each year, a report on the expenditures and activities from the Water District Account for the particular basin well account of that groundwater basin.

Upon determination and certification by the State Engineer of the amount to be budgeted for the current or ensuing fiscal year for the purpose of paying the per diem and travel allowances of the groundwater board and employing consultants or other help needed to fulfill its responsibilities, the State Controller shall transfer that amount to a separate operating account for that fiscal year for the groundwater basin.

H - *SB112**SB112_R1*