AB 325 — Revises provisions relating to water. (BDR 48-915)

(Reprinted with amendments adopted on April 13, 2023) FIRST REPRINT A.B.

providing that certain temporary changes to the place of diversion, manner of use or place of use of surface water are not required to be approved by the State Engineer under certain circumstances;

(NRS 533.325, 533.345) Section 2 of this bill creates an exception from these requirements to allow a person to temporarily change the place of diversion, manner of use or place of use of surface water already appropriated if:

(2) the irrigation district approves the temporary change;provides that the definition of the term “water already appropriated” applies toill section 2.

and the definition of the term “water already appropriated” applies to section 2.

(NRS 533.350, 533.355, 533.405, 533.415) Section 3 of this bill authorizes the State Engineer to accept a map which application to appropriate surface water or to change the place of diversion, manner of use or place of use of surface water that is subject to the control of an irrigation district within a - *AB325**AB325_R1* – 2 – district within a federal reclamation project;

Section 7 of this bill makes a conforming change to provide that the provisionsconnection ofwith sectiona 3proof of application of water to beneficial use conform to the rules and regulations of the State Engineer.

A person is not required to file an application for a temporary change of the point of diversion, manner of use or place of use for water already appropriated pursuant to NRS 533.345 if the request is for a temporary change for surface water in which:

The map is filed in connection with an application to appropriate surface water or to change the point of diversion, manner of use or place of use of surface water that is subject to the control of an irrigation district within a federal reclamation project;

Notwithstanding the fact that the water right so appropriated and acquired may ultimately vest in the name of the person at a later date, and except as otherwise provided in sections 2 and 3 of this act, all such water rights so acquired are governed by the applicable law of this State in effect on the date on which the - *AB325_R1* – 3 – United States appropriated water for initiation of the project, unless the water rights vested under the law in this State before the time the - *AB325* – 3 – United States first appropriated or otherwise acquired the water for initiation of the project.

If the survey and map are made by - *AB325_R1* – 4 – different persons the affidavit of each must be on the map, showing thattha3.th[The] Except as otherwise provided in section 3 of this act, the map asshall compiledconform agrees with such rules and regulations as the survey.State Engineer shall make, which rules shall not be in conflict herewith.

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[The] Except as otherwise provided in section 3 of this act, the map shall conform with such rules and regulations as the State Engineer shall make, which rules shall not be in conflict herewith.

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