Nevada 2023 Regular Session Status: Passed Assembly

AB 387 — Revises provisions relating to water. (BDR 48-338)

Last action — (Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

470 added · 556 removed

470 line(s) added, 556 removed.

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A.B.
(Reprinted with amendments adopted on April 20, 2023) FIRST REPRINT A.B.
387 ASSEMBLY BILLN O.
387 ASSEMBLY BILL NO .
387–C OMMITTEE ON N ATURAL RESOURCES (O NB EHALF OF THE JOINT INTERIM STANDING COMMITTEE ON NATURAL R ESOURCES ) M ARCH 23, 2023 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions relating to water.
387–COMMITTEE ON NATURAL R ESOURCES (O N BEHALF OF THE JOINT NTERIM S TANDING COMMITTEE ON N ATURAL RESOURCES ) M ARCH 23, 2023 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions relating to water.
revising provisions relating to groundwater basins;
Under existing law, upon receipt of a petition signed by not less than 40 percent of the appropriators of record in any particular groundwater basin or portion thereof, the State Engineer is required to designate the basin for administration if the findings of the State Engineer determine that administration would be justified.
Existing law declares that it is the policy of this State to encourage the State Engineer to consider the best available science in rendering decisions concerning the available surface and underground sources of water in this State.
The State Engineer may also designate a basin where no petition is received if, basin is justified.
(NRS 533.024) Sections 3 and 5 of this bill remove this provision from the legislative declaration and instead require the State Engineer to consider the best available sciExisting law provides that all underground waters within the boundaries or the State, subject to all existing rights to the use thereof, are subject to appropriation for beneficial use under the laws of this State.
To designate a basin, the State Engineer must enter an officiale order describing the boundaries of the basin by legal subdivision as nearly as possible.
(NRS 534.020) Section 10 of this bill provides that the appropriation or use of underground waters is subject to all existing rights to the use of the source thereof, if the State Engineer finds that a hydrologic connection exists that is sufficient to cause a conflict with existing rights.
(NRS 534.030) Sections 2 and 8 of this bill define the term “groundwater basin” or “basin” to mean one or more groundwater basins that are designated by the State Engineer and administered as a single source and supply of water for administration in accordance with existing law.
unappropriated water in an affected area and may issue permits for a well only ifis the determination is affirmative.
Sections 4 and 9 of this bill make conforming changes to indicate the proper placement of sections 2 and 8, conforming change to remove a duplicative definition.
(NRS 534.110) Existing law prohibits the State Engineer from issuing a permit to appropriate water under certain circumstances, including, without limitation, if there is no unappropriated water or where the proposed use or change conflicts with existing rights or with protectable interests or threatens to prove detrimental to the public interest.
7 of this bill makes a Existing law declares that it is the policy of this State to encourage the State Engineer to consider the best available science in rendering decisions concerning the available surface and underground sources of water in this State.
(NRS 533.370) Section 6 of water, to consider whether the permit would conflict with any hydrologicallyropriated - *AB387_R1* – 2 – connected surface water or groundwater.
(NRS 533.024) Sections 3 and 5 of this bill remove this provision from the legislative - *AB387* – 2 – declaration and instead require the State Engineer to consider the best available science.
Section 13 of this bill clarifies that the State Engineer must determine whether there is unappropriated water in an affected appropriate water.
Existing law provides that all underground waters within the boundaries or the State, subject to all existing rights to the use thereof, are subject to appropriation for provides that the appropriation of underground waters is subject to all existingll rights regardless of where the points of diversion are located, and if the State Engineer finds that a sufficient hydrologic connection exists, regardless of whether the points of diversion are located in separate basins.
Sections 11 and 12 of this bill make conforming changes to revise certain internal references.
Under existing law, the State Engineer is required to determine whether there is unappropriated water in an affected area and may issue permits for a well only if Engineer from issuing a permit to appropriate water under certain circumstances, including, without limitation, if there is no unappropriated water or where the proposed use or change conflicts with existing rights or with protectable interests or threatens to prove detrimental to the public interest.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(NRS 533.370) Sections 6 and 13 of this bill require the State Engineer, in determining whether there is unappropriated water, to consider whether the permit would conflict with existing this bill make conforming changes to revise certain internal references.
11 and 12 of THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
“Groundwater basin” or “basin” has the meaning ascribed to it in section 8 of this act.
(Deleted by amendment.) Sec.
Sec.
1.
2.
As used in this section, “best available science” means the use of credible information and data that is specific to the decision being made and the time frame available for making such a decision and consistent with professional scientific and engineering standards and practices.
NRS 533.005 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
533.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 533.007 to 533.023, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec.
- *AB387* – 3 – (c) [To encourage the State Engineer to consider the best available science in rendering decisions concerning the available surface and underground sources of water in Nevada.
(c) [To encourage the State Engineer to consider the best available science in rendering decisions concerning the available surface and underground sources of water in Nevada.
The procedures in this chapter for changing the place of diversion, manner of use or place of use of water, and for confirming a report of conveyance, are not intended to have the effect of quieting title to or changing ownership of a water right and that only a court of competent jurisdiction has the power to determine conflicting claims to ownership of a water right.
The procedures in this chapter for changing the place of diversion, manner of use or place of use of water, and for - *AB387_R1* – 3 – confirming a report of conveyance, are not intended to have the effect of quieting title to or changing ownership of a water right and that only a court of competent jurisdiction has the power to determine conflicting claims to ownership of a water right.
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 , including, without limitation, the existing rights of holders of permits, claimants of vested rights or the existing rights associated with any hydrologically connected surface water or groundwater 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 the application and refuse to issue the requested permit.
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 , including, without limitation, conflicts from any hydrologically connected surface water or groundwater 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 the application and refuse to issue the requested permit.
If a - *AB387* – 4 – 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.
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.
(c) Whether the proposed action is environmentally sound as it relates to the basin from which the water is exported;
- *AB387_R1* – 4 – (c) Whether the proposed action is environmentally sound as it relates to the basin from which the water is exported;
- *AB387* – 5 – 6.
6.
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 notice of the application to be republished pursuant to NRS 533.360 immediately preceding the time at which the State Engineer is ready to approve or reject the application.
If the State Engineer has not approved, rejected or held a hearing on an application within 7 years after the final date for filing - *AB387_R1* – 5 – a protest, the State Engineer shall cause notice of the application to be republished pursuant to NRS 533.360 immediately preceding the time at which the State Engineer is ready to approve or reject the application.
- *AB387* – 6 – 10.
10.
NRS 533.438 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
533.438 1.
Except as otherwise provided in subsection 4, if an appropriation of groundwater pursuant to a permit to appropriate groundwater results in the transfer to and beneficial use of water in a county in this State other than the county in which the water is appropriated or in another state, the county of origin may impose a fee of $10 per acre-foot per year on the transfer.
2.
A county of origin shall not impose a fee pursuant to subsection 1 without the prior approval of the State Engineer.
The county of origin shall notify the State Engineer in writing of its intent to impose the fee.
The State Engineer shall review the notice of intent to impose the fee to determine:
(a) Whether the appropriation of groundwater pursuant to the permit specified in subsection 1 results in a transfer to and beneficial use of water in a county in this State other than the county of origin or in another state;
and (b) The amount of water, if any, that is:
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(1) Subject to the proposed fee because of that transfer and beneficial use;
or (2) Not subject to the proposed fee pursuant to subsection 4.
3.
Within 30 days after reviewing the notice of intent to impose the fee, the State Engineer shall send a written notice to the county of origin that includes the results of his or her review.
If the State Engineer determines that the appropriation of groundwater pursuant to the permit results in a transfer to and beneficial use of water in a county in this State other than the county of origin or in another state, the State Engineer shall include in the notice the amount of water that is subject to the proposed fee.
The county may, upon such a determination, impose the fee on the transfer.
4.
A fee may not be imposed pursuant to this section on water that is appropriated and beneficially used pursuant to a permit to appropriate groundwater which is issued for a point of diversion and a place of beneficial use in the county of origin and which, after the water is diverted and beneficially used, is discharged or migrates - *AB387* – 7 – into a county in this State other than the county of origin or into another state.
5.
All money collected from a fee imposed pursuant to this section must be deposited in a trust fund for the county.
The principal and interest of the trust fund may be used by the county only for the purposes of economic development, health care and education.
6.
For the purposes of this section, if a basin includes land lying in more than one county, each county any part of whose land is included is a county of origin to the extent of the proportionate amount of water transferred from it.
The State Engineer shall determine the respective proportions.
7.
As used in this section [:
(a) A “basin” is one designated by the State Engineer for the purposes of chapter 534 of NRS.
(b) “Origin”] , “origin” means the place where water is taken from underground.
Sec.
Chapter 534 of NRS is hereby amended by adding thereto a new section to read as follows:
(Deleted by amendment.) Sec.
“Groundwater basin” or “basin” means one or more groundwater basins designated by the State Engineer pursuant to NRS 534.030 which are administered as a single source and supply of water by the State Engineer in accordance with the provisions of this chapter and chapter 533 of NRS.
Sec.
NRS 534.010 is hereby amended to read as follows:
(Deleted by amendment.) - *AB387_R1* – 6 – Sec.
534.010 1.
As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 534.0105 to 534.0175, inclusive, and section 8 of this act have the meanings ascribed to them in those sections.
2.
As used in this chapter, the terms “underground water” and “groundwater” are synonymous.
Sec.
Any appropriation of underground waters within the boundaries of this State is subject to all existing rights to the use thereof, regardless of where the respective points of diversion are located and, if the State Engineer finds that a sufficient hydrologic connection exists, regardless of whether the respective points of diversion are located in separate basins.
Any appropriation or use of underground waters within the boundaries of this State is subject to all existing rights to the use of the source thereof, if the State Engineer finds that a hydrologic connection exists that is sufficient to cause a conflict with existing rights.
It is the intention of the Legislature, by this chapter, to prevent the waste of underground waters and pollution and - *AB387* – 8 – contamination thereof and provide for the administration of the provisions thereof by the State Engineer, who is hereby empowered to make such rules and regulations within the terms of this chapter as may be necessary for the proper execution of the provisions of this chapter.
It is the intention of the Legislature, by this chapter, to prevent the waste of underground waters and pollution and contamination thereof and provide for the administration of the provisions thereof by the State Engineer, who [is hereby empowered to] shall make such rules and regulations within the terms of this chapter as may be necessary for the proper execution of the provisions of this chapter.
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.
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 - *AB387_R1* – 7 – 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.
- *AB387* – 9 – 5.
5.
(b) If, after 1 year after the date of the notice of nonuse pursuant to paragraph (a), proof of resumption of beneficial use is not filed in the Office of the State Engineer, the State Engineer shall, unless the State Engineer has granted a request to extend the time necessary to work a forfeiture of the water right, send a final notice to the owner of the water right, as determined in the records of the Office of the State Engineer, by registered or certified mail, that the water right is held for forfeiture.
(b) If, after 1 year after the date of the notice of nonuse pursuant to paragraph (a), proof of resumption of beneficial use is not filed in the Office of the State Engineer, the State Engineer shall, unless the State Engineer has granted a request to extend the time necessary to work a forfeiture of the water right, send a final notice to the owner of the water right, as determined in the records of the Office of the State Engineer, by registered or certified mail, that the water right is - *AB387_R1* – 8 – held for forfeiture.
(c) If, after receipt of a notice of the declaration of forfeiture pursuant to paragraph (b), the owner of record of the water right fails to appeal the ruling in the manner provided for in - *AB387* – 10 – NRS 533.450, and within the time provided for therein, the forfeiture becomes final.
(c) If, after receipt of a notice of the declaration of forfeiture pursuant to paragraph (b), the owner of record of the water right fails to appeal the ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the forfeiture becomes final.
(h) The availability of water in the basin, including, without limitation, whether withdrawals of water consistently exceed the perennial yield of the basin;
- *AB387_R1* – 9 – (h) The availability of water in the basin, including, without limitation, whether withdrawals of water consistently exceed the perennial yield of the basin;
If the State Engineer grants an extension pursuant to this subsection and, before the expiration of that extension, proof of resumption of beneficial use or another request for an extension is not filed in the Office of the State Engineer, the State Engineer shall send a final notice to the owner of the water right, by registered or - *AB387* – 11 – certified mail, that the water right will be declared forfeited if the owner of the water right fails to file the required proof of resumption of beneficial use or an application for an extension of time to prevent forfeiture within 30 days after the date of the final notice.
If the State Engineer grants an extension pursuant to this subsection and, before the expiration of that extension, proof of resumption of beneficial use or another request for an extension is not filed in the Office of the State Engineer, the State Engineer shall send a final notice to the owner of the water right, by registered or certified mail, that the water right will be declared forfeited if the owner of the water right fails to file the required proof of resumption of beneficial use or an application for an extension of time to prevent forfeiture within 30 days after the date of the final notice.
If, upon notice by registered or certified mail to the owner of record who had the prior right, the owner of record of the prior right fails to appeal the ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the alleged abandonment declaration as set forth by the State Engineer becomes final.
If, upon notice by registered or certified mail to the owner of record who had the prior right, the owner of record of the prior right fails to appeal the ruling in the manner provided for in NRS 533.450, and - *AB387_R1* – 10 – within the time provided for therein, the alleged abandonment declaration as set forth by the State Engineer becomes final.
The State Engineer shall determine whether there is unappropriated water in the area affected and may issue permits - *AB387* – 12 – only if the determination is affirmative.
[The] In accordance with NRS 533.370, the State Engineer shall determine whether there is unappropriated water in the area affected and may issue permits only if the determination is affirmative.
In determining whether there is unappropriated water in the area affected, the State Engineer shall, in accordance with NRS 533.370, consider whether the proposed use will:
(a) Conflict with existing rights, including, without limitation, the existing rights:
(1) Of holders of permits;
(2) Of claimants of vested rights;
and (3) Associated with any hydrologically connected surface water and groundwater;
or (b) Prove detrimental to the public interest in the area affected.
and (b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more, the State Engineer shall include as a condition of the permit that pumping water pursuant to the permit may be limited or prohibited to prevent any unreasonable adverse effects on an existing domestic well located within 2,500 feet of the well, unless the holder of the permit and the owner of the domestic well have agreed to alternative measures that mitigate those adverse effects.
and (b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more, - *AB387_R1* – 11 – the State Engineer shall include as a condition of the permit that pumping water pursuant to the permit may be limited or prohibited to prevent any unreasonable adverse effects on an existing domestic well located within 2,500 feet of the well, unless the holder of the permit and the owner of the domestic well have agreed to alternative measures that mitigate those adverse effects.
- *AB387* – 13 – [6.] 7.
[6.] 7.
If a court of competent jurisdiction orders the State Engineer to restrict withdrawals to conform to priority rights or if pursuant to subsection [6 or] 7 or 8 the State Engineer orders that withdrawals be restricted to conform to priority rights, the State Engineer must limit the restriction of withdrawals from a domestic well to allow a domestic well to continue to withdraw 0.5 acre-feet of water per year, which must be recorded by a water meter.
If a court of competent jurisdiction orders the State Engineer to restrict withdrawals to conform to priority rights or if pursuant to subsection [6 or] 7 or 8 the State Engineer orders that withdrawals be restricted to conform to priority rights, the State - *AB387_R1* – 12 – Engineer must limit the restriction of withdrawals from a domestic well to allow a domestic well to continue to withdraw 0.5 acre-feet of water per year, which must be recorded by a water meter.
H - *AB387*
H - *AB387_R1*
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Amendments

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Action History

  1. (Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)

  2. In Senate. Read first time. Referred to Committee on Natural Resources. To committee.

  3. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 26, Nays: 14, Excused: 2.) To Senate.

  4. Read second time. Amended. (Amend. No. 286.) To printer.

  5. From committee: Amend, and do pass as amended.

  6. From printer. To committee.

  7. Read first time. Referred to Committee on Natural Resources. To printer.

Sponsors

  • Assembly Committee on Natural Resources · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Natural Resources

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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Frequently asked questions

Who sponsors AB 387?
AB 387 is sponsored by Assembly Committee on Natural Resources.
What is the current status of AB 387?
This bill died with 2023 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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