AB 34 — Revises provisions relating to water. (BDR 48-235)

- *AB34_R1* – 3 – (b) Posted on the Internet website of the Division of Water Resources of the State Department of Conservation and Natural Resources.

4.

At or near the time of the first publication of the notice, the State Engineer shall send by mail to each person, or deliver to each person, in person, hereinafter designated as claimant, claiming rights in or to the waters of the stream system, insofar as such claimants can be reasonably ascertained, a notice equivalent in terms to the published notice setting forth the date when the State Engineer will commence the taking of proofs, and the date prior to which proofs must be filed with the State Engineer.

The notice must be mailed at least 30 days prior to the date fixed for the commencement of the taking of proofs.

The date set prior to which the proofs must be filed shall not be less than 60 days from the date set for the commencement of taking proofs.

The notice shall be deemed to be an order of the State Engineer as to its contents.

Sec.

3.

(d)- The82nd kindSession of(2023) culture– upon2 each– of4. the parcels of land.

4.

The State Engineer shall, in addition, enclose with the notice to be mailed as provided in subsection 4 of NRS 533.095, - *AB34_R1* – 4 – blank forms upon which a claimant who has not submitted proof pursuant to NRS 533.087 shall present in writing all particulars necessary for the determination of the claimant’s right in or to the waters of the stream system.

(b) The nature of the right or use on which the claim for appropriationapp(c) isThe based.time of the initiation of such right, the priority date claimed and a description of the place of diversion and works of diversion and distribution.

(c) The time of the initiation of such right, the priority date claimed and a description of the place of diversion and works of diversion and distribution.

(i) If the water was used for irrigation, the number of acres irrigated the first year, the number of acres irrigated in subsequent years, the dates of irrigation, the area and location of the lands which were irrigated, the character of the soil and the kind of crops cultivated, the rate of diversion and the number of acre-feet of water perper(j) annumIf requiredthe towater irrigatewas used for a beneficial purpose other than irrigation, the land.rate of diversion and the number of acre-feet of water used annually.

(j) If the water was used for a beneficial purpose other than irrigation, the rate of diversion and the number of acre-feet of water used annually.

- 82nd Session (2023) – 3 – 2.

The proof of appropriation submitted by the claimant must be accompanied by a map prepared, except as otherwise provided in subsection 4, in accordance with and depicting any information in required pursuant to the requirements of subsections 3 and 4 of NRS 533.100.

If the map submitted with a proof of appropriation is prepared for water used for watering livestock, the map must be on a scale of not less than 1:24,000 or a map prepared by the United States Geological Survey covering a quadrangle of 7 1/2 minutes of latitude and longitude, and further identifying the location or extent - *AB34_R1* – 5 – of the livestock use by one-sixteenth sections within a numbered section, township and range.

NRS(Deleted 533.165by isamendment.) herebySec. amended to read as follows:

533.165 1.

As soon as practicable thereafter, a certified copy of the order of determination, together with the copies of the original evidence and transcript of testimony filed with, or taken before, the State Engineer, duly certified by the State Engineer, shall be filed with the clerk of the county, as ex officio clerk of the district court, in which the stream system is situated, or, if in more than one county but all within one judicial district, then with the clerk of the county wherein reside the largest number of parties in interest.

2.

If such stream system shall be in two or more judicial districts, then the State Engineer shall notify the district judge of each of such judicial districts of his or her intent to file such order of determination, whereupon, within 10 days after receipt of such notice, such judges shall confer and agree where the court proceedings under this chapter shall be held and upon the judge who shall preside, and on notification thereof the State Engineer shall file the order of determination, evidence and transcripts with the clerk of the court so designated.

3.

If such district judges fail to notify the State Engineer of their agreement, as provided in subsection 2, within 5 days after the expiration of such 10 days, then the State Engineer may file such order of determination, evidence and transcript with the clerk of any county the State Engineer may elect, and the district judge of such county shall have jurisdiction over the proceedings in relation thereto.

4.

If the judge so selected and acting shall retire from office, or be removed from office or be disqualified, for any cause, then the judge of the district court having jurisdiction of the proceedings shall act as the judge on the matter or shall select the judge to preside in such matter.

5.

In all instances a certified copy of the order of determination shall be filed with the county clerk of each county in which such stream system, or any part thereof, is situated.

Upon the filing of the certified copy of the order, evidence and transcript with the clerk of the court in which the proceedings are to be had, the State Engineer shall procure an order from the court setting the time for hearing.

The clerk of such court shall immediately furnish the State Engineer with a certified copy thereof.

The State Engineer immediately thereupon shall [mail] :

(a) Mail a copy of [such] the certified order of the court, by registered or certified mail, addressed to each party in interest at the party’s last known place of residence .

[, and shall cause the same] - *AB34_R1* – 6 – (b) Submit a copy of the certified order of the court to be published at least once a week for 4 [consecutive] weeks in some newspaper of general circulation that is available in general circulation in each county in which such stream system or any part thereof is located.

(c) Post a copy of the certified order of the court on the Internet website of the Division of Water Resources of the State Department of Conservation and Natural Resources.

7.

The State Engineer shall file with the clerk of the court [proof] :

(a) Proof of [such] service by registered or certified mail [and by] in accordance with the requirements of paragraph (a) of subsection 6;

(b) Proof that the certified order was submitted for publication [.] ;

and (c) Proof that the certified order was posted on the Internet website of the Division of Water Resources of the State Department of Conservation and Natural Resources,  Such service by registered or certified mail and by publication and posting shall be deemed full and sufficient notice to all parties in interest of the date and purpose of such hearing.

Sec.

6.

(b) The date of the filing.

Except as otherwise provided in subsection 4, proof of publication and posting must be filed within 30 days after the final day of publication.

The State Engineer shall pay for the publication - *AB34_R1* – 7 – from the application fee.

- 82nd Session (2023) – 4 – 3.

and (b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,  the applicant shall mail a copy of the notice of application to each owner of real property containing a domestic well that is withinwithino each 2,500 feet of the proposed well, to the owner’s address as shown in the latest records of the county assessor.

Sec.Secs.

7.7 and 8.

8.

NRS 533.365 is hereby amended to read as follows:

533.365 1.

Any person interested may, within 60 days after the first date of publication or, if the notice is not published consecutively, 30 days after the date of last publication of the notice of application [,] that is set forth in the notice pursuant to subsection 1 of NRS 533.360, whichever is later, file with the State Engineer a written protest against the granting of the application, setting forth with reasonable certainty the grounds of such protest, which, except as otherwise provided in subsection 2, must be verified by the affidavit of the protestant, or an agent or attorney thereof.

2.

If the application is for a permit to change the place of diversion, manner of use or place of use of water already appropriated within the same basin, a protest filed against the granting of such an application by a government, governmental agency or political subdivision of a government must be verified by the affidavit of:

(a) Except as otherwise provided in paragraph (b), the director, administrator, chief, head or other person in charge of the government, governmental agency or political subdivision;

or (b) If the governmental agency or political subdivision is a division or other part of a department, the director or other person in charge of that department in this State, including, without limitation:

- *AB34_R1* – 8 – (1) The Regional Forester for the Intermountain Region, if the protest is filed by the United States Forest Service;

(2) The State Director of the Nevada State Office of the Bureau of Land Management, if the protest is filed by the Bureau of Land Management;

(3) The Regional Director of the Pacific Southwest Region, if the protest is filed by the United States Fish and Wildlife Service;

(4) The Regional Director of the Pacific West Region, if the protest is filed by the National Park Service;

(5) The Director of the State Department of Conservation and Natural Resources, if the protest is filed by any division of that Department;

or (6) The chair of the board of county commissioners, if the protest is filed by a county.

3.

On receipt of a protest that complies with the requirements of subsection 1 or 2, the State Engineer shall advise the applicant whose application has been protested of the fact that the protest has been filed with the State Engineer, which advice must be sent by certified mail.

4.

The State Engineer shall consider the protest, and may, in his or her discretion, hold hearings and require the filing of such evidence as the State Engineer may deem necessary to a full understanding of the rights involved.

The State Engineer shall give notice of the hearing by certified mail to both the applicant and the protestant.

The notice must state the time and place at which the hearing is to be held and must be mailed at least 15 days before the date set for the hearing.

5.

Each applicant and each protestant shall, in accordance with a schedule established by the State Engineer, provide to the State Engineer and to each protestant and each applicant information required by the State Engineer relating to the application or protest.

6.

If the State Engineer holds a hearing pursuant to subsection 4, the State Engineer shall render a decision on each application not later than 240 days after the later of:

(a) The date all transcripts of the hearing become available to the State Engineer;

or (b) The date specified by the State Engineer for the filing of any additional information, evidence, studies or compilations requested by the State Engineer.

The State Engineer may, for good cause shown, extend any applicable period.

7.

The State Engineer shall adopt rules of practice regarding the conduct of a hearing held pursuant to subsection 4.

The rules of practice must be adopted in accordance with the provisions of NRS 233B.040 to 233B.120, inclusive, and codified in the Nevada - *AB34_R1* – 9 – Administrative Code.

The technical rules of evidence do not apply at such a hearing.

8.

If the State Engineer does not receive any written protest against the granting of an application within 60 days after the first date of publication pursuant to subsection 1 of NRS 533.360, the State Engineer may presume that the notice was published consecutively and process the application conditionally.

The State Engineer may not grant the application or issue a permit until the State Engineer files proof that the notice was published and posted pursuant to the requirements of NRS 533.360.

Sec.

(b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the efficiency of the district in its deliverydel(c) orThe useapplicant provides proof satisfactory to the State Engineer of water;the applicant’s:

and (c) The applicant provides proof satisfactory to the State Engineer of the applicant’s:

Except as otherwise provided in subsection 10, where there is no unappropriated water in the proposed source of supply, where the groundwater that has not been committed for use has been reserved pursuant to NRS 533.0241 or where its proposed use or change conflicts with existing rights or with protectable interests in existing domestic wells as set forth in NRS 533.024, or threatens to prove detrimental to the public interest, the State Engineer shall reject- the82nd Session (2023) – 5 – previous application andfor refusea tosimilar issueuse of water within the requestedsame permit.basin has been rejected on those grounds, the new application may be denied without publication.

If a previous application for a similar use of water within the same basin has been rejected on those grounds, the new application may be denied without publication.

- *AB34_R1* – 10 – (b) If the State Engineer determines that a plan for conservation of water is advisable for the basin into which the water is to be imported, whether the applicant has demonstrated that such a plan has been adopted and is being effectively carried out;

(d) Whether the proposed action is an appropriate long-term use which will not unduly limit the future growth and development in the basin from which the water is exported;

andandnd development in (e) Any other factor the State Engineer determines to be relevant.

(e) Where court actions or adjudications are pending, which may affectaff(f) theIn outcomeareas in which adjudication of vested water rights is deemed necessary by the application.State Engineer.

(f) In areas in which adjudication of vested water rights is deemed necessary by the State Engineer.

- 82nd Session (2023) – 6 – 5.

Except as otherwise provided in this subsection and subsection 10, the State Engineer shall approve or reject, within 6 months after the final date for filing a protest, an application filed to change the point of diversion of water already appropriated when the existing and proposed points of diversion are on the same property for which the water has already been appropriated under the existing water right or the proposed point of diversion is on real property that is proven to be owned by the applicant and is contiguous to the place of use of the existing water right.

The State - *AB34_R1* – 11 – Engineer may postpone action on the application pursuant to subsection 4.

The rejection or approval of an application must be endorsed on a copy of the original application, and a record must be made of the endorsement in the records of the State Engineer.

If a person is the successor in interest of an owner of a water right or an owner of real property upon which a domestic well is located and if the former owner of the water right or real property on which a domestic well is located had previously filed a written protest against the granting of an application, the successor in interest- must82nd beSession allowed(2023) to– pursue7 that– protest in the same manner as if the successor in interest were the former owner whose interest he or she succeeded.

- *AB34_R1* – 12 – 12.

The State Engineer may, in his or her discretion, request that the statement required by NRS 533.400 be accompanied by a map on [tracing linen on] a scale of not less than 1,000 feet to the inch, which shall show with substantial accuracy the following:

If the survey and map are made by different persons the affidavit of each must be on the map, showing that the map as compiled agrees with the survey.survey.on the map, showing 3.

3.

For- examining82nd andSession filing(2023) an– application8 for– aFor permit to appropriate water....................................$360.00 This fee includes the cost of publication, which is $50.

- *AB34_R1* – 13 – For examining and filing an application for a temporary permit to change the point of diversion, manner of use or place of use of an existing right......................................................$180.00right........................................................180.00 For issuing and recording each permit to appropriate water for any purpose, except for generating hydroelectric power which results in nonconsumptive use of the water, watering livestock or wildlife purposes ...................360.00 plus $3 per acre-foot approved or fraction thereof.

For issuing and recording each permit for additional rate of diversion from a well where no additional volume of water is granted...................................................................1,000.00 For issuing and recording each permit to change the point of diversion or place of use of an existing right whether temporary or permanent for irrigation purposes, a maximum fee of .......................................................750.00 - 82nd Session (2023) – 9 – For issuing and recording each permit to appropriate or change the point of diversion or place of use of an existing right whether temporary or permanent for watering livestocklivplus or wildlife purposes ..................................240.00 plus $50 for each cubic foot of water perper...................$240.00 second approved or fraction thereof.

For filing and examining a request for a waiver in connection with an application to drill a well...........................................................................120.00 - *AB34_R1* – 14 – For filing and examining a notice of intent to drill a well ................................................................$25.00..................................................................25.00 For filing and examining an affidavit to relinquish water rights in favor of use of water for domestic wells ..........................................300.00 For filing a secondary application under a reservoir permit........................................................300.00 For approving and recording a secondary permit under a reservoir permit................................540.00 For reviewing each tentative subdivision map..............180.00 For reviewing and approving each final subdivision map .......................................................120.00 For storage approved under a dam permit for privately owned nonagricultural dams which store more than 50 acre-feet..........................480.00 plus $1$1.25 per lot.acre-foot storage capacity.

For reviewing and approving each final subdivision map .......................................................120.00 For storage approved under a dam permit for privately owned nonagricultural dams which store more than 50 acre-feet..........................480.00 plus $1.25 per acre-foot storage capacity.

For filing proof of completion of work ...........................60.00 - 82nd Session (2023) – 10 – For filing proof of beneficial use.....................................60.00use...................................$60.00 For issuing and recording a certificate upon approval of the proof of beneficial use.....................350.00 For filing proof of resumption of a water right .............360.00 For filing any protest.......................................................30.00 For filing any application for extension of timetime.............................30.00 within which to file proofs, of completion or beneficial use, for each year for which the extension of time is sought.................................120.00 For filing any application for extension of time to prevent a forfeiture, for each year for which the extension of time is sought......................120.00 For reviewing a cancellation of a water right pursuant to a petition for review ..............................360.00 For examining and filing a report of conveyance filed pursuant to paragraph (a) of subsection 1 of NRS 533.384...............................120.00 plus $20 per conveyance document.

For filing any other instrument........................................10.00 - *AB34_R1* – 15 – For making a copy of any document recorded or filed in the Office of the State Engineer, for the first page.........................................................$1.00page...........................................................1.00 For each additional page.......................................................20 For certifying to copies of documents, records or maps, for each certificate.........................................6.00 For each copy of any full size drawing or map .................6.00 For each color copy of any full size drawing or map (2′ x 3′) ...............................................................12.00 For colored [mylar] plots.................................................10.00plots.................................................10.00.12.00 required2. of the Office of the State Engineer, the State Engineer shall collect the actual cost of the work.

When fees are not specified in subsection 1 for work required of the Office of the State Engineer, the State Engineer shall collect the actual cost of the work.

If, after exercising due diligence, the State Engineer is - 82nd Session (2023) – 11 – unable to make the refunds, the State Engineer shall deposit the fees in the State Treasury for credit to the State General Fund.

Sec.Secs.

12.12 and 13.

(Deleted by amendment.) Sec.~~~~~ 23 - 82nd Session (2023)

13.

(Deleted by amendment.) H - *AB34_R1*