Nevada 2023 Regular Session Status: In Committee

SB 176 — Establishes provisions relating to the conservation of groundwater. (BDR 48-79)

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

This bill died with 2023 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

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436 added · 441 removed

436 line(s) added, 441 removed.

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S.B.
EXEMPT (Reprinted with amendments adopted on April 17, 2023) FIRST REPRINT S.B.
establishing the Purchasing and Retiring Water Rights Program;
establishing the Nevada Water Buy-Back Initiative and the Advisory Committee for the Nevada Water Buy-Back Initiative;
requiring the State Engineer to purchase and retire certain water rights with money from the Account;
requiring the Director of the State Department of Conservation and Natural Resources to purchase certain water rights with money from the Account for purposes of retiring the water rights;
authorizing the State Engineer to use money in a basin well account for the purchase of water rights under certain circumstances;
creating the Nevada Conservation and Recreation Program;
change the place of diversion, manner of use or place of use of water already to appropriated, must apply to the State Engineer for a permit to do so.
Under existing law, any person who wishes to appropriate public waters, or to appropriated, must apply to the State Engineer for a permit to do so.
(NRS 534.020) Section 5 of this bill creates the Account for Purchasing and Retiring Water Rights, to be only be expended for the purchase of water rights in groundwater basins that are over appropriated.
(NRS 534.020) Section 5 of this bill creates the Account for Purchasing and Retiring Water Rights, to be administered by the Director of the State Department of Conservation and Natural purchase of water rights in groundwater basins that are over appropriated.
Section 6 of this bill establishes the Purchasing and Retiring Water Rights Program, to be administered by the State Engineer, and establishes requirements for the purchase and retirement of water rights by the State Engineer.
Section 6 of this bill establishes the Nevada Water Buy-Back Initiative in the Nevada Conservation and Recreation Program, to be administered by the Director, and establishes requirements for the purchase and retirement of water rights.
Section 6 also requires the State Engineer to adopt regulations to carry out the Purchasing and Retiring Water Rights Program.
Section 6.4 of this bill requires the State Engineer to retire water rights purchased by the Nevada Water Buy-Back Initiative.
Section 8 of this bill makes a the requirements of the Nevada Administrative Procedures Act.
Water Buy-Back Initiative within the Department and requires the Advisoryvada - *SB176_R1* – 2 – Committee to consult with the Director regarding the provisions of sections 4.5-6.6 of this bill.
in accordance with Under existing law, a board of county commissioners may levy certain special assessments for certain expenses relating to the groundwater basin which must be - *SB176* – 2 – deposited in the State Treasury for credit to the basin well account for that groundwater basin.
Section 6.6 requires the Director to adopt regulations necessary to carry out the provisions of sections 4.5-6.6.
(NRS 534.040) Section 7 of this bill provides that, upon the money in the basin well account to purchase and retire water rights in thathe particular groundwater basin.
Section 9.5 of this bill requires the Director to adopt relating to the provisions of sections 4.5-6.6.f this bill defines certain terms Sections 1-3 of this bill prohibit the appropriation of water that has been retired pursuant to the Nevada Water Buy-Back Initiative.
Sections 1-3 of this bill prohibit the appropriation of water that has been withdrawn pursuant to the Purchasing and Retiring Water Rights Program.
Existing law requires the Department to make grants to state agencies, local governments, water conservancy districts, conservation districts and certain nonprofit organizations to protect, preserve and obtain the benefits of the property regulations to make such grants.
Section 9 of this bill makes an appropriation to the Account for Purchasing and Retiring Water Rights.
(Section 2 of chapter 480, Statutes of Nevadaadopt 2019, at page 2861) Existing regulations create the Nevada Conservation and Recreation Program to make such grants.
(LCB File No.
R025-22) Section 8.2 of this bill creates the Program in statute.
Section 8.2 further provides that the Program consists of a grant program to make such grants and the Nevada Water Buy-Back Initiative.
Section 8.6 of this bill provides that the Program and the conforming change to indicate the proper placement of section 8.2 in the Nevada Revised Statutes.
Section 9 of this bill makes an appropriation to the Account for Purchasing and Retiring Water Rights for the costs incurred by the Director and the Nevada Conservation and Recreation Program in administering the Nevada Water Buy- Back Initiative and for the purchase of water rights.
(a) The board of county commissioners may prohibit or restrict by ordinance the use of water and effluent for recreational purposes in any artificially created lake or stream located within the unincorporated areas of the county.
- *SB176_R1* – 3 – (a) The board of county commissioners may prohibit or restrict by ordinance the use of water and effluent for recreational purposes in any artificially created lake or stream located within the unincorporated areas of the county.
- *SB176* – 3 – (b) Water used in a mining reclamation project;
(b) Water used in a mining reclamation project;
(c) The groundwater has been withdrawn pursuant to section 6 of this act;
- *SB176_R1* – 4 – (c) The groundwater has been retired pursuant to section 6 of this act;
- *SB176* – 4 – (a) Whether the applicant has justified the need to import the water from another basin;
(a) Whether the applicant has justified the need to import the water from another basin;
(h) Where authorized entry to any land needed to use the water for which the application is submitted is required from a governmental agency.
- *SB176_R1* – 5 – (h) Where authorized entry to any land needed to use the water for which the application is submitted is required from a governmental agency.
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 - *SB176* – 5 – property that is proven to be owned by the applicant and is contiguous to the place of use of the existing water right.
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 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 must be allowed to pursue that protest in the same manner as if the successor in interest were the former owner whose interest he or she succeeded.
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 - *SB176_R1* – 6 – 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 must be allowed to pursue that protest in the same manner as if the successor in interest were the former owner whose interest he or she succeeded.
The provisions of subsection 8 do not authorize the recipient of an approved application to use any state land administered by the Division of State Lands of the State Department - *SB176* – 6 – of Conservation and Natural Resources without the appropriate authorization for that use from the State Land Registrar.
The provisions of subsection 8 do not authorize the recipient of an approved application to use any state land administered by the Division of State Lands of the State Department of Conservation and Natural Resources without the appropriate authorization for that use from the State Land Registrar.
The groundwater has been withdrawn pursuant to section 6 of this act;
The groundwater has been retired pursuant to section 6 of this act;
Chapter 534 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.
Chapter 534 of NRS is hereby amended by adding thereto the provisions set forth as sections 4.5 to 6.6, inclusive, of this act.
4.5.
As used in sections 4.5 to 6.6, inclusive, of this act, unless the context otherwise requires:
1.
“Department” means the State Department of Conservation and Natural Resources.
2.
“Director” means the Director of the Department.
- *SB176_R1* – 7 – 3.
“Nevada Conservation and Recreation Program” or “Program” means the Nevada Conservation and Recreation Program created by section 8.2 of this act.
Sec.
The Account for Purchasing and Retiring Water Rights must be administered by the State Engineer, who may apply for and accept any gift, donation, bequest, grant or other source of money for deposit in the Account for Purchasing and Retiring Water Rights.
The Account for Purchasing and Retiring Water Rights must be administered by the Director in accordance with the Nevada Water Buy-Back Initiative established by section 6 of this act.
In addition to any direct legislative appropriation, the Director may apply for and accept any gift, donation, bequest, grant, federal money or other source of money for deposit in the Account for Purchasing and Retiring Water Rights.
The money in the Account for Purchasing and Retiring Water Rights must only be used to purchase water rights pursuant to section 6 of this act.
The money in the Account for Purchasing and Retiring Water Rights must only be used for administering the Nevada Water Buy-Back Initiative established by section 6 of this act, to purchase water rights pursuant to section 6 of this act and to provide matching money required as a condition of accepting any source of money that would result in the retirement of water rights pursuant to sections 6 and 6.4 of this act.
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The interest and income earned on the money in the Account for Purchasing and Retiring Water Rights, after deducting any applicable charges, must be credited to the Account for Purchasing and Retiring Water Rights.
The money in the Account for Purchasing and Retiring Water Rights or any portion of the money in the Account for Purchasing and Retiring Water Rights may be invested or reinvested in accordance with the provisions of chapter 355 of NRS.
The proceeds of such investments and the interest and income earned on the money in the Account for Purchasing and Retiring Water Rights, after deducting any applicable charges, must be credited to the Account for Purchasing and Retiring Water Rights.
The State Engineer may request an allocation by the Interim Finance Committee from the Contingency Account - *SB176* – 7 – pursuant to NRS 353.266, 353.268 and 353.269 if the balance in the Account for Purchasing and Retiring Water Rights:
The Director may enter into an agreement with a public or private entity to apply for, obtain or manage any money contributed to the Account for Purchasing and Retiring Water Rights.
7.
The Director may request an allocation by the Interim Finance Committee from the Contingency Account pursuant to NRS 353.266, 353.268 and 353.269 if the balance in the Account for Purchasing and Retiring Water Rights:
Sec.
- *SB176_R1* – 8 – Sec.
The Purchasing and Retiring Water Rights Program is hereby established for the purpose of purchasing and retiring water rights in groundwater basins where there is an insufficient supply of water available to serve all vested rights, claims of vested rights, permits, certificates, protectable interests in domestic wells in the basin and to address and avoid conflicts with existing rights or detriments to the public interest, including, without limitation, detriments to the environmental resources of this State.
The Nevada Water Buy-Back Initiative is hereby established in the Nevada Conservation and Recreation Program for the purpose of purchasing and retiring water rights in groundwater basins where there is an insufficient supply of water available to serve all vested rights, claims of vested rights, permits, certificates, protectable interests in domestic wells in the basin and to address and avoid conflicts with existing rights or detriments to the public interest, including, without limitation, detriments to the natural resources of this State.
The Program must be administered by the State Engineer.
The Initiative must be administered by the Director.
In administering the Program, the State Engineer shall, to the extent money is available in the Account for Purchasing and Retiring Water Rights created by section 5 of this act, purchase and retire water rights from persons willing to sell according to the following order of priority:
In administering the Initiative, the Director shall, to the extent money is available in the Account for Purchasing and Retiring Water Rights created by section 5 of this act, purchase and retire water rights from persons willing to sell according to the following order of priority:
(a) Groundwater basins where groundwater withdrawals have consistently exceeded the available supply of water and to address conflicts with existing rights.
(a) Groundwater basins where groundwater withdrawals currently exceed the available supply of water as a result of the consistent use of certificated or permitted rights to appropriate water and to address conflicts with existing rights or detriments to the natural resources of this State.
(1) Certified or permitted rights to appropriate water would, if withdrawn, consistently exceed the available supply of water;
(1) Certificated or permitted rights to appropriate water would, if withdrawn, exceed the available supply of water;
and (2) The State Engineer determines retirement of water rights is necessary to address or avoid conflicts with existing rights or detriments to the public interest, including, without limitation, detriments to the environmental resources of this State.
and (2) The State Engineer determines retirement of water rights is necessary to address or avoid conflicts with existing rights or detriments to the public interest, including, without limitation, detriments to the natural resources of this State.
The State Engineer shall retire all water rights purchased pursuant to this section and withdraw that groundwater from appropriation.
When sufficient money is available in the Account for Purchasing and Retiring Water Rights, the Director may accept applications for the purchase and retirement of water rights in accordance with any regulations adopted by the Director pursuant to section 6.6 of this act.
Groundwater that has been withdrawn pursuant to this section is not available for any use.
4.
Before purchasing and retiring a water right pursuant to this section, the State Engineer shall consult with the board of commissioners of the groundwater basin in which the water right is located and the groundwater board, if such a groundwater board has been established pursuant to NRS 534.035, to attempt to address any issues relating to the purchase and retirement of the water right in the groundwater basin.
5.
The State Engineer shall adopt such regulations as are necessary to carry out the provisions of this section.
Such regulations must be adopted in accordance with the provisions of - *SB176* – 8 – chapter 233B of NRS and must include, without limitation, procedures that will be used by the State Engineer to determine the amount the State Engineer will pay for a water right.
7.
6.2.
NRS 534.040 is hereby amended to read as follows:
1.
534.040 1.
The Advisory Committee for the Nevada Water Buy-Back Initiative established by section 6 of this act is hereby established within the Department.
Upon the initiation of the administration of this chapter in any particular basin, and where the investigations of the State Engineer have shown the necessity for the supervision over the waters of that basin, the State Engineer may employ a well supervisor and other necessary assistants, who shall execute the duties as provided in this chapter under the direction of the State Engineer.
The Advisory Committee consists of:
The salaries of the well supervisor and the assistants of the well supervisor must be fixed by the State Engineer.
(a) The following voting members appointed by the Director:
The well supervisor and assistants are exempt from the provisions of chapter 284 of NRS.
(1) One member who represents a nonprofit conservation organization;
(2) One member who represents a political subdivision of the State of Nevada that manages a regional water system in a county whose population is 100,000 or more;
(3) One member who represents a water authority in a county whose population is less than 100,000;
(4) One member who represents agricultural interests;
and - *SB176_R1* – 9 – (5) One member who represents natural resources interests;
and (b) The following ex officio nonvoting members:
(1) The State Engineer or his or her designee;
and (2) The State Land Registrar or his or her designee.
If the money available from the license fees provided for in NRS 534.140 is not sufficient to pay those salaries, together with necessary expenses, including the compensation and other expenses of the Well Drillers’ Advisory Board, the board of county commissioners shall, except as otherwise provided in this subsection, levy a special assessment annually, or at such time as the assessment is needed, upon all taxable property situated within the confines of the area designated by the State Engineer to come under the provisions of this chapter in an amount as is necessary to pay such salaries and expenses.
The Advisory Committee shall consult with the Director on:
If the board of county commissioners determines that the amount of a special assessment levied upon a property owner pursuant to this section when combined with the amount of all other taxes and assessments levied upon the property owner is less than the cost of collecting the special assessment levied pursuant to this subsection, the board of county commissioners may exempt the property owner from the assessment and appropriate money from the general fund of the county to pay the cost of the assessment.
(a) The adoption of regulations required pursuant to section 6.6 of this act;
and (b) The administration of the Nevada Water Buy-Back Initiative established by section 6 of this act.
Except as otherwise provided in subsection 2, in designated areas within which the use of groundwater is predominantly for agricultural purposes, any special assessment levied pursuant to this section must be charged against each water user who has a permit to appropriate water or a perfected water right, and the charge against each water user must be based upon the proportion which his or her water right bears to the aggregate water rights in the designated area.
While engaged in the business of the Advisory Committee, each voting member of the Advisory Committee is entitled to receive a salary of not more than $80 per day, as established by the Department, and the per diem allowance and travel expenses provided for state officers and employees generally.
The minimum charge is $1.
4.
The salaries and expenses may be paid by the State Engineer from the Water Distribution Revolving Account pending the levy and collection of an assessment levied pursuant to this section.
5.
Except as otherwise provided in subsection 2, if a special assessment is levied pursuant to this section, the proper officers of - *SB176* – 9 – the county shall levy and collect the special assessment as other special assessments are levied and collected, and the assessment is a lien upon the property.
6.
Any special assessment collected pursuant to this section must be deposited with the State Treasurer for credit to the Water District Account to be accounted for in basin well accounts.
7.
Upon determination and certification by the State Engineer of the amount to be budgeted for the current or ensuing fiscal year for the purpose of paying the per diem and travel allowances of the groundwater board and employing consultants or other help needed to fulfill its responsibilities, the State Controller shall transfer that amount to a separate operating account for that fiscal year for the groundwater basin.
Claims against the account must be approved by the groundwater board and paid as other claims against the State are paid.
The State Engineer may use money in a particular basin well account to [support] :
(a) Support an activity outside the basin in which the money is collected if the activity bears a direct relationship to the responsibilities or activities of the State Engineer regarding the particular groundwater basin [.] ;
or (b) Upon the approval of the board of county commissioners of the groundwater basin, purchase and retire water rights pursuant to section 6 of this act.
6.4.
The State Engineer shall retire all water rights purchased pursuant to section 6 of this act through revocation or relinquishment of the water right or by using any other appropriate mechanism, as determined by the State Engineer, and preclude that groundwater from appropriation.
Groundwater that has been retired pursuant to this section is not available for any use.
Sec.
6.6.
1.
The Director shall adopt such regulations as are necessary to carry out the provisions of sections 4.5 to 6.6, inclusive, of this act, which must include, without limitation:
(a) The process for accepting applications for the purchase and retirement of water rights pursuant to section 6 of this act;
(b) The manner in which the valuation of water rights will be conducted for the Nevada Water Buy-Back Initiative established by section 6 of this act;
(c) Provisions to ensure that the retirement of water rights is consistent with the purposes of the Nevada Water Buy-Back Initiative, including, without limitation, addressing or avoiding conflicts with existing rights or detriments to the public interest or the natural resources of this State;
(d) Provisions to ensure compliance with any requirements or conditions of any gift, donation, bequest, grant, federal money or other source of money in administering the Account for Purchasing and Retiring Water Rights created by section 5 of this act;
(e) The methods of purchasing water rights by the Nevada Water Buy-Back Initiative pursuant to section 6 of this act which must be consistent with the mechanisms by which the water right - *SB176_R1* – 10 – will be retired by the State Engineer in accordance with section 6.4 of this act;
and (f) The process for a groundwater board or board of county commissioners to consult and support the purchase of water rights in a basin.
2.
The Director shall consult with the Advisory Committee for the Nevada Water Buy-Back Initiative established by section 6.2 of this act in adopting regulations pursuant to this section.
Sec.
7.
(Deleted by amendment.) Sec.
NRS 233B.039 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
233B.039 1.
8.2.
The following agencies are entirely exempted from the requirements of this chapter:
Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:
(a) The Governor.
1.
(b) Except as otherwise provided in NRS 209.221 and 209.2473, the Department of Corrections.
The Nevada Conservation and Recreation Program is hereby created within the Department to protect, preserve and obtain the benefits of the property and natural and cultural resources of this State.
(c) The Nevada System of Higher Education.
The Director shall administer the Program.
(d) The Office of the Military.
(e) The Nevada Gaming Control Board.
(f) Except as otherwise provided in NRS 368A.140 and 463.765, the Nevada Gaming Commission.
(g) Except as otherwise provided in NRS 425.620, the Division of Welfare and Supportive Services of the Department of Health and Human Services.
(h) Except as otherwise provided in NRS 422.390, the Division of Health Care Financing and Policy of the Department of Health and Human Services.
(i) Except as otherwise provided in NRS 533.365, and section 6 of this act, the Office of the State Engineer.
(j) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.
- *SB176* – 10 – (k) The Administrator of the Division of Industrial Relations of the Department of Business and Industry in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.
(l) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 445C.310.
(m) The Silver State Health Insurance Exchange.
(n) The Cannabis Compliance Board.
Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees’ Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
The Nevada Conservation and Recreation Program consists of:
(a) A grant program to make grants in accordance with subsections 8, 9 and 10 of section 2 of chapter 480, Statutes of Nevada 2019, at page 2861;
and (b) The Nevada Water Buy-Back Initiative established by section 6 of this act.
The special provisions of:
The Director may adopt regulations to carry out the provisions of this section.
(a) Chapter 612 of NRS for the adoption of an emergency regulation or the distribution of regulations by and the judicial review of decisions of the Employment Security Division of the Department of Employment, Training and Rehabilitation;
(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;
(c) Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State;
and (d) NRS 90.800 for the use of summary orders in contested cases,  prevail over the general provisions of this chapter.
4.
The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Department of Health and Human Services in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
5.
The provisions of this chapter do not apply to:
(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the State Board of Agriculture, the State Board of Health, or any other agency of this State in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control;
(b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS 453.2184;
(c) A regulation adopted by the State Board of Education pursuant to NRS 388.255 or 394.1694;
(d) The judicial review of decisions of the Public Utilities Commission of Nevada;
- *SB176* – 11 – (e) The adoption, amendment or repeal of policies by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 426.561 or 615.178;
(f) The adoption or amendment of a rule or regulation to be included in the State Plan for Services for Victims of Crime by the Department of Health and Human Services pursuant to NRS 217.130;
(g) The adoption, amendment or repeal of rules governing the conduct of contests and exhibitions of unarmed combat by the Nevada Athletic Commission pursuant to NRS 467.075;
(h) The adoption, amendment or repeal of regulations by the Director of the Department of Health and Human Services pursuant to NRS 447.335 to 447.350, inclusive;
(i) The adoption, amendment or repeal of standards of content and performance for courses of study in public schools by the Council to Establish Academic Standards for Public Schools and the State Board of Education pursuant to NRS 389.520;
(j) The adoption, amendment or repeal of the statewide plan to allocate money from the Fund for a Resilient Nevada created by NRS 433.732 established by the Department of Health and Human Services pursuant to paragraph (b) of subsection 1 of NRS 433.734;
or (k) The adoption or amendment of a data request by the Commissioner of Insurance pursuant to NRS 687B.404.
6.
The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
8.4.
NRS 232.010 is hereby amended to read as follows:
232.010 As used in NRS 232.010 to 232.162, inclusive [:] , and section 8.2 of this act:
1.
“Department” means the State Department of Conservation and Natural Resources.
2.
“Director” means the Director of the State Department of Conservation and Natural Resources.
Sec.
8.6.
NRS 232.090 is hereby amended to read as follows:
232.090 1.
The Department consists of the Director and the following:
(a) The Division of Water Resources.
(b) The Division of State Lands.
(c) The Division of Forestry.
(d) The Division of State Parks.
(e) The Division of Environmental Protection.
(f) The Office of Historic Preservation.
(g) The Division of Outdoor Recreation.
(h) The Division of Natural Heritage.
(i) Such other divisions as the Director may from time to time establish.
- *SB176_R1* – 11 – 2.
The State Environmental Commission, the State Conservation Commission, the Commission for Cultural Centers and Historic Preservation, the Commission on Off-Highway Vehicles, the Conservation Districts Program, the Sagebrush Ecosystem Council , the Nevada Conservation and Recreation Program, the Advisory Committee for the Nevada Water Buy-Back Initiative and the Board to Review Claims are within the Department.
Sec.
There is hereby appropriated from the State General Fund to the Account for Purchasing and Retiring Water Rights created by section 5 of this act the sum of $5,000,000 for the purchase of water rights pursuant to section 6 of this act.
There is hereby appropriated from the State General Fund to the Account for Purchasing and Retiring Water Rights created by section 5 of this act the sum of $5,000,000 for the Conservation and Natural Resources and the Nevada Conservationent of and Recreation Program created by section 8.2 of this act in administering the Nevada Water Buy-Back Initiative established pursuant to section 6 of this act and for the purchase of water rights pursuant to section 6 of this act.
9.5.
The Director of the State Department of Conservation and Natural Resources shall, on or before July 1, 2025, adopt the regulations which are required by section 6.6 of this act.
Sec.
This act becomes effective on July 1, 2023.
1.
H - *SB176*
This section becomes effective upon passage and approval.
2.
Sections 1 to 9.5, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks to carry out the provisions of this act;
and (b) On July 1, 2023, for all other purposes.
H - *SB176_R1*
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How this bill changes current law

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Compared against the Nevada Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill establishes new provisions for the conservation of groundwater and creates the Nevada Water Buy-Back Initiative, which modifies existing law on water appropriation.

  • NRS 533.030

    all water may be appropriated for beneficial use as provided in this chapter and not otherwise. → all water may be appropriated for beneficial use as provided in this chapter and not otherwise, except as otherwise provided in section 6 of this act.

    This change introduces an exception to water appropriation, aligning it with the new provisions established in the bill.

  • NRS 533.370

    where the → if the groundwater has been retired pursuant to section 6 of this act,

    This change adds a specific condition under which the State Engineer must reject applications for water permits, related to retired water rights.

Amendments

1 amendment

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Action History

  1. (No further action taken.)

  2. From printer. To engrossment. Engrossed. First reprint. To committee.

  3. From committee: Amend, and do pass as amended. Notice of eligibility for exemption. Placed on Second Reading File. Read second time. Amended. (Amend. No. 79.) Taken from General File. Re-referred to Committee on Finance. Exemption effective. To printer.

  4. From printer. To committee.

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

Sponsors

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Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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Frequently asked questions

Who sponsors SB 176?
SB 176 is sponsored by Pete Goicoechea.
What is the current status of SB 176?
This bill died with 2023 Regular Session. It reached “In Committee” 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.
Where can I track SB 176?
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