Existing law authorizes any interested person to file a written protest against the granting of an application for a permit within 30 days of the last publication of the notice of application.

(NRS 533.365) [Section 6 requires the State Engineer to add to the notice of an application the date on which the period of notice will end.] Section 8 of this bill provides that a person may file a protest against the granting of an application for a permit within 60 days after the first date of publication or if the notice is not posted consecutively, within 30 days after the [end of the required period] last date of publication of the notice for certain applications [.

Assembly Amendment No.

281 to Assembly Bill No.

34 Page 4 Existing law provides that if water for which a permit is requested will be used or diverted, the State Engineer must notify the board of county commissioners of the county in which the water will be appropriated and the board of county commissioners of the county in which the water will be diverted or used.

Each board of county commissioners must consider the request at a public meeting and provide public notice of the meeting in a newspaper of general circulation in the county for a period of 3 consecutive weeks before the meeting.

(NRS 533.363) Section 7 of this bill provides that if the newspaper fails to publish the notice 3 times or consecutively for 3 weeks, the board of county commissioners is not required to republish the notice if the notice is published at least once by the newspaper.

Existing law provides that if the State Engineer has not acted on an application within 7 years after the final date for filing a protest, the State Engineer must republish notice of the of this bill provides that the State Engineer will pay the cost of remailing the notice to a public library or other public place in the county where the point of diversion is located.] , whichever is later.

Section 8 further provides that if the State Engineer does not receive any protests to an application within 60 days after the first date of publication, the State Engineer:

(1) may presume that the notice was published consecutively and process the application conditionally;

and (2) may not grant the application or issue a permit until the State Engineer files proof that the notice was published and posted.

appropriation must be included in the notice sent by the State Engineer to certain persons claiming rights in or to the waters of certain stream systems.

EXPLANATION – Matter in bolded italics is new;

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

SectionsSection 11. and 2.

(DeletedNRS by533.087 amendment.)is Sec.hereby amended to read as follows:

533.087 1.

A claimant of any vested water right must submit, on a form prescribed by the State Engineer, proof of the claim to the State Engineer on or before December 31, 2027.

If a claimant fails to file such proof on or before December 31, 2027, the claim shall be deemed to be abandoned.

2.

Until December 31, 2027, the State Engineer shall cause notice of the provisions of subsection 1 to be:

(a) Published [Submitted for publication] annually for 4 [consecutive] weeks in [to] at least one newspaper of general circulation within the boundaries of each groundwater basin throughout the State.

[If a newspaper to which the notice was submitted fails to publish the notice 4 times or consecutively for 4 weeks, the State Engineer is not required to republish the notice so long as the State Engineer ensures that the newspaper published the notice at least once.] (b) Posted on the Internet website maintained by the State Engineer.

[(c) Mailed to not less than one public library in each county of the State to be posted publicly.

If there is no public library in a county, the notice must be mailed to another public place in the county.] Sec.

2.

NRS 533.095 is hereby amended to read as follows:

533.095 1.

As soon as practicable after the State Engineer enters an order granting the petition or selecting the streams upon which the determination of rights is to begin, the State Engineer shall prepare a notice setting forth the fact of the entry of the order and of the pendency of the proceedings.

2.

The notice shall [must] set forth:

Assembly Amendment No.

281 to Assembly Bill No.

34 Page 5 (a) That all claimants to rights in the waters of the stream system are required, as provided in this chapter, to make proof of their claims, except claimants who submitted proof of their claims pursuant to NRS 533.087;

(b) The date on which the State Engineer will commence taking proofs of appropriation regarding the rights in and to the waters of the stream system;

(c) The date by which all proofs of appropriation must be filed;

and (d) That all proofs of appropriation must be accompanied by maps prepared in accordance with and depicting any information required pursuant to NRS 533.100 and 533.115.

The notice [State Engineer] shall be [published] :

(a) [Submit the notice for publication] Published for a period of 4 [consecutive] weeks in one or more newspapers of general circulation within the boundaries of the stream system.

[If a newspaper to which the notice was submitted fails to publish the notice 4 times or consecutively for 4 weeks, the State Engineer is not required to republish the notice so long as the State Engineer ensures that the newspaper published the notice at least once.] (b) [Mail the notice to not less than one public library in each county within the boundaries of the stream system to be posted publicly.

If there is no public library in a county within the boundaries of the stream system, the notice must be mailed to another public place in the county to be posted publicly.] 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 [State Engineer submits the notice for] publication of the notice, [to a newspaper of general circulation,] 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) 82ndThe Sessionkind (2023)of –culture 2upon –each 4.of the parcels of land.

Assembly Amendment No.

281 to Assembly Bill No.

34 Page 6 4.

(b) The nature of the right or use on which the claim for app(c)appropriation Theis timebased. 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 per(j)per Ifannum therequired waterto wasirrigate used for a beneficial purpose other than irrigation, the rateland. 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.

(DeletedNRS by533.165 amendment.)is Sec.hereby 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 Assembly Amendment No.

281 to Assembly Bill No.

34 Page 7 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] (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.

[If a newspaper fails to publish the order 4 times or consecutively for 4 weeks, the State Engineer is not required to republish the order so long as the State Engineer ensures that the newspaper published the order at least once.] (c) [Mail] Post a copy of the certified order [to not less than one public library in each county in which such stream system or any part thereof is located to be posted publicly.

If there is no public library in a county in which such stream system or any part thereof is located, the order must be mailed to another public place in the county to be posted publicly.

 Such service, publication and mailing shall be deemed to be full and sufficient notice to all parties in interest of the date and purpose of such hearing.] 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, Assembly Amendment No.

281 to Assembly Bill No.

34 Page 8  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.

[and published at least once in accordance with the requirements of paragraph (b) of subsection 6;

and (c) Proof of mailing in accordance with the requirements of paragraph (c) of subsection 6.] Sec.

6.

Except as otherwise provided in subsection 4, NRS 533.345 and subsection 2 of NRS 533.370, when an application is filed in compliance with this chapter, the State Engineer shall, within 30 days,days , publish or cause to be published once a week for 4 [consecutive] weeks in a newspaper of general circulation in the county where the point of diversion is located, and[: post on the Internet website of the Division of Water Resources of the State Department of Conservation and Natural Resources, a notice of the application which sets forth:

(a) ThatPrepare] and post on the Internet website of the Division of Water Resources of the State Department of Conservation and Natural Resources, a notice of the application haswhich beensets filed.forth:

(c)(a) The[(1)] nameThat andthe addressapplication ofhas thebeen applicant.filed.

(d)(b) [(2)] The namedate of the sourcefiling. from which the appropriation is to be made.

(e)(c) [(3)] The locationname of the place of diversion, described by legal subdivision or metes and boundsaddress and by a physical description of thatthe placeapplicant. of diversion.

(f)(d) [(4)] The purposename forof the source from which the waterappropriation is to be appropriated.made.

(e) [(5)] The publisherlocation shallof add thereto the dateplace of thediversion, firstdescribed publicationby legal subdivision or metes and thebounds dateand by a physical description of thethat lastplace publication.of diversion.

2.(f) [(6)] The purpose for which the water is to be appropriated.

Except asThe otherwisepublisher providedshall inadd subsectionthereto 4,[(b) proofFor ofthe publicationnotice mustprepared bepursuant filedto withinparagraph 30(a): days after the final day of publication.

(1) Submit the notice for publication once a week for 4 consecutive weeks to a newspaper of general circulation in the county where the point of diversion is located.

If the newspaper fails to publish the notice 4 times or consecutively for 4 weeks, the State Engineer is not required to republish the notice so long as the State Engineer ensures that the newspaper published the notice at least once.

(2) Mail a copy of the notice to be posted publicly to not less than one public library in the county where the point of diversion is located.

If there is no public library in the county in which the point of diversion is located, the order must be mailed to another public place in the county to be posted publicly.

(c) Set forth in] the [notice the] date of the first publication and the date of [on which:

(1) The notice was mailed to] the last publication.

[public library or other public place in the county, as applicable;

and (2) The period of notice ends, which must not be less than 45 days after the date the notice was mailed to a public library or other public place.] 2.

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

- 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 withinowithin each 2,500 feet of the proposed well, to the owner’s address as shown in the latest records of the county assessor.

If there are more than six such wells, at least six noticesAssembly mustAmendment beNo. sent to owners by certified mail, return receipt requested.

281 to Assembly Bill No.

34 Page 9 notices must be sent to owners by certified mail, return receipt requested.

Secs.Sec.

77. and 8.

(Deleted[NRS by533.363 amendment.)is Sec.hereby amended to read as follows:

533.363 1.

Except as otherwise provided in subsection 2, if water for which a permit is requested is to be used in a county other than that county in which it is to be appropriated, or is to be diverted from or used in a different county than that in which it is currently being diverted or used, then the State Engineer shall give notice of the receipt of the request for the permit to:

(a) The board of county commissioners of the county in which the water for which the permit is requested will be appropriated or is currently being diverted or used;

and (b) The board of county commissioners of the county in which the water will be diverted or used.

2.

The provisions of subsection 1 do not apply:

(a) To an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504.

(b) If:

(1) The water is to be appropriated and used;

or (2) Both the current and requested place of diversion or use of the water are,  within a single, contiguous parcel of real property.

3.

A person who requests a permit to which the provisions of subsection 1 apply shall submit to each appropriate board of county commissioners a copy of the application and any information relevant to the request.

4.

Each board of county commissioners which is notified of a request for a permit pursuant to this section shall consider the request at the next regular or special meeting of the board held not earlier than 3 weeks after the notice is received.

The board shall [provide] submit to a newspaper of general circulation in the county a public notice of the meeting for publication for 3 consecutive weeks .

[in a newspaper of general circulation in its county.] The notice must state the time, place and purpose of the meeting.

At the conclusion of the meeting the board may recommend a course of action to the State Engineer, but the recommendation is not binding on the State Engineer.

5.

If a newspaper fails to publish the notice required pursuant to subsection 4 consecutively for 3 weeks or 3 times, the board of county commissioners is not required to republish the notice so long as the board of county commissioners ensures that the newspaper published the notice at least once.] (Deleted by amendment.) Sec.

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 [end of the period] of the notice of [for the] application [,] that is set forth in the notice pursuant to [subparagraph (2) of paragraph (c) of] 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 Assembly Amendment No.

281 to Assembly Bill No.

34 Page 10 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:

(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 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 Assembly Amendment No.

281 to Assembly Bill No.

34 Page 11 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 del(c)delivery Theor applicantuse provides proof satisfactory to the State Engineer of thewater; 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 82ndthe Session (2023) – 5 – previous application forand arefuse similarto useissue of water within the samerequested basinpermit. 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.

(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;

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

(e) Where court actions or adjudications are pending, which may aff(f)affect Inthe areasoutcome in which adjudication of vested water rights is deemed necessary by the Stateapplication. Engineer.

Assembly Amendment No.

281 to Assembly Bill No.

34 Page 12 (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.

If the State Engineer has not approved, rejected or held a hearing on an application within 7 years after the final date for filing a protest, the State Engineer shall cause [submit] notice of the application to be republished and [remail the notice of the application to be publicly posted] reposted pursuant to NRS 533.360 immediately preceding the time at which the State Engineer is ready to approve or reject the application.

[The cost of the remailing must be paid by the State Engineer.] After such republication, [renotification,] and reposting, a protest may be filed in accordance with NRS 533.365.

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 82ndmust Sessionbe (2023)allowed –to 7pursue –that protest in the same manner as if the successor in interest were the former owner whose interest he or she succeeded.

10.Assembly Amendment No.

281 to Assembly Bill No.

34 Page 13 10.

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.onsurvey. the map, showing 3.

3.

-For 82ndexamining Sessionand (2023)filing –an 8application –for Fora permit to appropriate water....................................$360.00water........................................................................$360.00 This fee includes the cost of publication, which is $50.

For reviewing a corrected application or map, or both, in connection with an application for a water right permit.............................................100.00permit ...........................................................................................100.00 For examining and acting upon plans and specifications for construction of a dam................1,200.00dam...........................................................1,200.00 For examining and filing an application for each permit to change the point of diversion, manner of use or place of use of an existing right........................................................240.00right .............................................................240.00 This fee includes the cost of publication, which is $50.

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 hydroelectricAssembly powerAmendment whichNo. results in nonconsumptive use of the water, watering livestock or wildlife purposes ...................360.00 plus $3 per acre-foot approved or fraction thereof.

Except281 for generating hydroelectric power, watering livestock or wildlife purposes, for issuing and recording each permit to changeAssembly anBill existingNo. water right whether temporary or permanent for any purpose...................................300.00 plus $3 per acre-foot approved or fraction thereof.

For34 additionalPage rate14 ofhydroelectric diversionpower fromwhich aresults wellin wherenonconsumptive 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 pointwater, ofwatering diversionlivestock or placewildlife ofpurposes........................................................................................360.00 useplus of$3 anper existingacre-foot right whether temporary or permanent for watering livplus $50 for each cubic foot of water per...................$240.00 second approved or fraction thereof.

ForExcept for generating hydroelectric power, watering livestock or wildlife purposes, for issuing and recording each permit to appropriate or change an existing water right whether temporary or permanent for waterany forpurpose.........................................................................................300.00 generating hydroelectric power which results in nonconsumptive use of the water..............480.00 plus $50$3 for each cubic foot per secondacre-foot of water approved or fraction thereof.

For filingissuing and examiningrecording aeach requestpermit for aadditional waiverrate inof connectiondiversion withfrom an application to drill a well...........................................................................120.00well Forwhere filingno andadditional examiningvolume a notice of intentwater tois drillgranted.....................................................................1,000.00 a well ..................................................................25.00 For filingissuing and examiningrecording aneach affidavitpermit to relinquishchange waterthe rightspoint inof favordiversion or place of use of wateran forexisting domesticright wellswhether ..........................................300.00temporary Foror filingpermanent afor secondaryirrigation applicationpurposes, under a reservoirmaximum permit........................................................300.00fee of.........................................................750.00 For approvingissuing and recording aeach secondary permit underto aappropriate reservoiror permit................................540.00change Forthe reviewingpoint eachof tentativediversion subdivisionor map..............180.00place Forof reviewinguse andof approvingan eachexisting finalright subdivisionwhether maptemporary .......................................................120.00or Forpermanent storagefor approvedwatering underlivestock aor damwildlife permitpurposes........................................240.00 forplus privately$50 ownedfor nonagriculturaleach damscubic whichfoot storeof morewater thanper 50second acre-feet..........................480.00approved plusor $1.25fraction perthereof. acre-foot storage capacity.

For issuing and recording each permit to appropriate or change an existing right whether temporary or permanent for water for generating hydroelectric power which results in nonconsumptive use of the water.............................................................................................480.00 plus $50 for each cubic foot per second of water approved or fraction thereof.

For filing and examining a request for a waiver in connection with an application to drill a well...............................120.00 For filing and examining a notice of intent to drill a well.....................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 plus $1 per lot.

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 flood control detention basins.................................480.00basins.......................................................480.00 plus $1.25 per acre-foot storage capacity.

For filing proof of completion of workwork.................................................60.00 ...........................60.00Assembly -Amendment 82ndNo. Session (2023) – 10 – For filing proof of beneficial use...................................$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 application for extension of time.............................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.

For281 filing any other instrument........................................10.00 For making a copy of any document recorded or filed in the Office of the State Engineer, for the first page...........................................................1.00 For each additional page.......................................................20 For certifying to copiesAssembly ofBill documents,No. 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 For colored [mylar] plots.................................................10.00.12.00 2.

34 Page 15 For filing proof of beneficial use ..........................................................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 time 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 For making a copy of any document recorded or filed in the Office of the State Engineer, for the first page ...........................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......................................................................10.00 2.

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.

Secs.Sec.

1212. and 13.

(Deleted[NRS by534.037 amendment.)is ~~~~~hereby 23amended -to 82ndread Sessionas (2023)follows:

534.037 1.

In a basin that has been designated as a critical management area by the State Engineer pursuant to subsection 7 of NRS 534.110, a petition for the approval of a groundwater management plan for the basin may be submitted to the State Engineer.

The petition must be signed by a majority of the holders of permits or certificates to appropriate water in the basin that are on file in the Office of the State Engineer and must be accompanied by a groundwater management plan which must set forth the necessary steps for removal of the basin’s designation as a critical management area.

2.

In determining whether to approve a groundwater management plan submitted pursuant to subsection 1, the State Engineer shall consider, without limitation:

(a) The hydrology of the basin;

Assembly Amendment No.

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34 Page 16 (b) The physical characteristics of the basin;

(c) The geographic spacing and location of the withdrawals of groundwater in the basin;

(d) The quality of the water in the basin;

(e) The wells located in the basin, including, without limitation, domestic wells;

(f) Whether a groundwater management plan already exists for the basin;

and (g) Any other factor deemed relevant by the State Engineer.

3.

Before approving or disapproving a groundwater management plan submitted pursuant to subsection 1, the State Engineer shall hold a public hearing to take testimony on the plan in the county where the basin lies or, if the basin lies in more than one county, within the county where the major portion of the basin lies.

The State Engineer shall cause notice of the hearing to be:

(a) [Given] Submitted for publication once each week for 2 consecutive weeks before the hearing [in] to a newspaper of general circulation in the county or counties in which the basin lies.

If the newspaper fails to publish the notice 2 times or consecutively for 2 weeks, the State Engineer is not required to republish the notice so long as the State Engineer ensures that the newspaper published the notice at least once.

(b) Posted on the Internet website of the State Engineer for at least 2 consecutive weeks immediately preceding the date of the hearing.

(c) Mailed to not less than one public library in the county or counties in which the basin lies to be publicly posted.

If there is no public library in the county or counties in which the basin lies, the notice must be mailed to another public place in the county or counties to be publicly posted.

4.

The decision of the State Engineer on a groundwater management plan may be reviewed by the district court of the county pursuant to NRS 533.450.

5.

An amendment to a groundwater management plan must be proposed and approved in the same manner as an original groundwater management plan is proposed and approved pursuant to this section.] (Deleted by amendment.) Sec.

13.

[NRS 534.270 is hereby amended to read as follows:

534.270 1.

Upon receipt of an application for a permit to operate a project, the State Engineer shall endorse on the application the date it was received and keep a record of the application.

The State Engineer shall conduct an initial review of the application within 45 days after receipt of the application.

If the State Engineer determines in the initial review that the application is incomplete, the State Engineer shall notify the applicant.

The application is incomplete until the applicant files all the information requested in the application.

The State Engineer shall determine whether the application is correct within 180 days after receipt of a complete application.

The State Engineer may request additional information from the applicant.

The State Engineer may conduct such independent investigations as are necessary to determine whether the application should be approved or rejected.

2.

If the application is determined to be complete and correct, the State Engineer, within 30 days after such a determination or a longer period if requested by the applicant, shall [cause] :

(a) Submit notice of the application [to be given] once each week for 2 consecutive weeks [in] to a newspaper of general circulation in the county or counties in which persons reside who could reasonably be expected to be affected by the project.

If the newspaper fails to publish the notice 2 times or consecutively for 2 weeks, the State Engineer is not required to republish the notice so long as the State Engineer ensures that the newspaper published the notice at least once.

(b) Mail notice of the application to not less than one public library in the county or counties in which persons reside who could reasonably be expected to Assembly Amendment No.

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34 Page 17 be affected by the project to be publicly posted.

If there is no public library in the county or counties in which such persons reside, the notice must be mailed to another public place in the county or counties to be publicly posted.

3.

The notice required pursuant to subsection 2 must state:

(a) The legal description of the location of the proposed project;

(b) A brief description of the proposed project including its capacity;

(c) That any person who may be adversely affected by the project may file a written protest with the State Engineer within 30 days after the last publication of the notice;

(d) The date of the last publication;

(e) That the grounds for protesting the project are limited to whether the project would be in compliance with subsection 2 of NRS 534.250;

(f) The name of the applicant;

and (g) That a protest must:

(1) State the name and mailing address of the protester;

(2) Clearly set forth the reason why the permit should not be issued;

and (3) Be signed by the protester or the protester’s agent or attorney or, if the protester is a government, governmental agency or political subdivision of a government, be approved and signed in the manner specified in paragraph (g) of subsection [3.] 4.

[3.] 4.

A protest to a proposed project:

(a) May be made by any person who may be adversely affected by the project;

(b) Must be in writing;

(c) Must be filed with the State Engineer within 30 days after the last publication of the notice;

(d) Must be upon a ground listed in subsection 2 of NRS 534.250;

(e) Must state the name and mailing address of the protester;

(f) Must clearly set forth the reason why the permit should not be issued;

and (g) Except as otherwise provided in this paragraph, must be signed by the protester or the protester’s agent or attorney.

If the protester is a government, governmental agency or political subdivision of a government, the protest must be:

(1) Except as otherwise provided in subparagraph (2), approved and signed by the director, administrator, chief, head or other person in charge of the government, governmental agency or political subdivision;

or (2) If the governmental agency or political subdivision is a division or other part of a department, approved and signed by the director or other person in charge of that department in this State, including, without limitation:

(I) The Regional Forester for the Intermountain Region, if the protest is filed by the United States Forest Service;

(II) 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;

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

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

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

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

[4.] 5.

Upon receipt of a protest, the State Engineer shall advise the applicant by certified mail that a protest has been filed.

[5.] 6.

Upon receipt of a protest, or upon the motion of the State Engineer, the State Engineer may hold a hearing.

Not less than 30 days before the hearing, the Assembly Amendment No.

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34 Page 18 State Engineer shall send by certified mail notice of the hearing to the applicant and any person who filed a protest.

[6.] 7.

The State Engineer shall either approve or deny each application within 1 year after the final date for filing a protest, unless the State Engineer has received a written request from the applicant to postpone making a decision or, in the case of a protested application, from both the protester and the applicant.

The State Engineer may delay action on the application pursuant to paragraph (d) of subsection 4 of NRS 533.370.

[7.] 8.

Any person aggrieved by any decision of the State Engineer made pursuant to subsection [6] 7 may appeal that decision to the district court pursuant to NRS 533.450.] (Deleted by amendment.)