SB 113 — Revises provisions relating to groundwater management plans. (BDR 48-595)

(ReprintedSenate withBill amendmentsNo. adopted on April 18, 2023) FIRST REPRINT S.B.

113113–Senators SENATEGoicoechea, BILLTitus, NBuck, O.Hansen, Stone;

113–SENATORSand GKrasner OICOECHEA(by ,request) ITUS,CHAPTER.......... BUCK , H ANSEN , STONE ;AND K RASNER (BY REQUEST ) F EBRUARY 8, 2023 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions relating to groundwater management plans.

(BDR 48-595) FISCAL NOTE:

EffEffect on the State:

No.

No.

~ EXPLANATION – Matter in bolded italics is new;

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

LegislativeLegiUnder Counsel’sexisting Digest:law, the State Engineer:

Under existing law, the State Engineer:

(NRS 534.110) Existing law further provides that in a basin that has been designated as a critical management area, a petition for the approval of a groundwater management plan may be submitted to the State Engineer by a majority of the holders of permits or certificates to appropriate water in the basin.

(1) requires the State Engineer to affirm or modify the perennial yield of a basin at authorizes the sameState timeEngineer heto ormodify shethe designatesperennial ayield basinfor as a criticalcriticaland (2) management area;area based on the best available science.

andSection (2)1 authorizesalso requires the State Engineer to modifyreview the perennial yield forbefore reviewing the results of a criticalgroundwater management areaplan basedand onmodify the bestperennial availableyield science.if there has been a change.

Section 11.5 alsoof requiresthis bill provides that a petition for the approval of a groundwater management plan andmust modifyinstead be signed by the holders of permits or certificates to appropriate water in the basin that are on file in the Office of the State Engineer who represent a majority of the total groundwater permitted or permit or certificate with a date of priority before the date on which permits or certificates for withdrawals of groundwater in the basin were equal to the perennial yield ifof therethe hasbasin beenwho adoes change.not sign the petition may not be required to comply with an approved groundwater management plan.

Section 1.5 offurther thisprovides billthat, providesif thatthe aState petitionEngineer formodifies the approvalperennial yield of athe groundwaterbasin, managementthe planholders mustof insteadpermits beor signedcertificates bywith thedates holders of permitspriority before or certificatesafter tothe appropriatedate wateron which withdrawals of groundwater in the basin thatwere areequal onto filethe inprevious perennial yield of the Officebasin must be required to comply or allowed to opt out of complying with an approved groundwater management plan, depending on wUnder existing law, the State Engineer whois representrequired ato majorityrestrict withdrawals of thegroundwater totalto groundwaterconform permittedto orpriority certificatedrights under certain circumstances, including if a basin has been designated as a critical management area for useat inleast the10 basin.consecutive years.

(NRS 534.110) Section 1.5 alsorequires providesthe thatState theEngineer holderto ofreview aan certificatesapproved forgroundwater withdrawalsmanagement ofplan groundwaterthat has been in theeffect basinfor were10 equalconsecutive years to thedetermine perennialwhether -there *SB113_R1*has –been 2significant –progress yieldtowards stabilizing the water level of the basin whoand, doesif notnot, signwith thecertain petitionexceptions, mayto notrestrict bewithdrawals requiredof groundwater to complyconform withto anpriority approvedrights groundwateruntil managementthe plan.water level is stabilized.

Section 1.52 furtherof providesthis that,bill ifmakes thea Stateconforming Engineerchange modifiesto create an exception for the perennialrestriction yieldof withdrawals to allow a domestic well to continue to withdraw - 82nd Session (2023) – 2 – 0.5 acre-feet of thewater basin,per year if the holdersowner of permitsthe domestic well installs or certificateshas withinsSection dates3 of prioritythis beforebill therequires previousthat, perennialbeginning yieldon October 1, 2033, 10 years after the effective date of this bill, the basinState Engineer must bereview requiredany togroundwater complymanagement orplan allowedthat was approved before October 1, 2023, to optdetermine outwhether ofthere complyinghas withbeen ansignificant approvedprogress groundwatertowards managementstabilizing plan,the dependingwater onlevel whetherof the perennialbasin yielduntil isthe increasedwater orlevel decreased.is stabilized.

Underin existingaccordance law,with the Staterequirements Engineer is required to restrict withdrawals of groundwaterthis tobill conformEXPLANATION to– priorityMatter rights under certain circumstances, including if a basin has been designated as a critical management area for at least 10 an approved groundwater management plan that has been in effectbolded foritalics 10er to review consecutive years to determine whether there has been significant progress towards stabilizing the water level of the basin and, if not, with certain exceptions, to restrict withdrawals of groundwater to conform to priority rights until the water level is stabilized.new;

Sectionmatter 2between ofbrackets this[omitted billmaterial] makesis amaterial conforming change to createbe anomitted. exception for the restriction of withdrawals to allow a domestic well to continue to withdraw installed a water meter to record the withdrawal.he domestic well installs or has Section 3 of this bill requires that, beginning on October 1, 2033, 10 years after the effective date of this bill, the State Engineer must review any groundwater management plan that was approved before October 1, 2023, to determine whether there has been significant progress towards stabilizing the water level of the basin and, if not, to restrict withdrawals in accordance with the requirements of this bill until the water level is stabilized.

- *SB113_R1* – 3 – Sec.

and [must be] - 82nd Session (2023) – 3 – (b) 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.

In determining whether to approve a groundwater managementEngineer planshall submittedconsider, pursuantwithout tolimitation:tion subsection 1, the State Engineer(a) shallThe consider,hydrology withoutof limitation:the basin;

(a) The hydrology of the basin;

(b) Posted on the Internet website of the State Engineer for at least 2 consecutive weeks immediately preceding the date of the hearing.hea4.

4.

An amendment to a groundwater management plan must be proposed and approved in the same manner as an original - *SB113_R1* – 4 – groundwater management plan is proposed and approved pursuant to this section.

The State Engineer shall not require the holder of a permit or certificate in the basin with a date of priority that is before the date on which permits or certificates for withdrawals of groundwater in the basin were equal to the perennial yield of the basin who does not sign the petition submitted pursuant to subsection 1 to comply with the provisions of a groundwater management plan that is approved pursuant to this section, but the holder of such a permit or certificate may notify the State - 82nd Session (2023) – 4 – Engineer in writing that he or she intends to comply with the approved groundwater management plan at any time after the groundwater management plan has been approved.

If the State Engineer modifies the perennial yield of a basin pursuant to subsection 2 of section 1 of this act after a groundwater management plan is submitted pursuant totoact after a subsection 1, the State Engineer shall, as applicable:

If the State Engineer determines there has not been significant progress, the State Engineer shall, except as otherwise provided in subsection 9 of NRS 534.110, order:order:pt as (a) The groundwater management plan dissolved;

(a) The groundwater management plan dissolved;

- *SB113_R1* – 5 – Sec.

(b)- Upon82nd hisSession or(2023) her– own5 initiation,– conduct pumping tests to determine if overpumping is indicated, to determine the specific yield of the aquifers and to determine permeability characteristics.

It is a condition of each appropriation of groundwater acquired under this chapter that the right of the appropriator relates to a specific quantity of water and that the right must allow for a reasonable lowering of the static water level at the appropriator’s pointwater level in a particular area, the State Engineer shall consider the economics of diversion.pumping water for the general type of crops growing and may also consider the effect of using water on the economy of the area in general.

In determining a reasonable lowering of the static water level in a particular area, the State Engineer shall consider the economics of pumping water for the general type of crops growing and may also consider the effect of using water on the economy of the area in general.

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 prohibitedprohibitedhat to prevent any unreasonable adverse effects on an existing domestic well located within 2,500 feet of the well, unless the holder of the - *SB113_R1* – 6 – permit and the owner of the domestic well have agreed to alternative measures that mitigate those adverse effects.

Except as otherwise provided in subsection 7, the State Engineer shall conduct investigations in any basin or portion thereof where it appears that the average annual replenishment to the groundwater supply may not be adequate for the needs of all permittees- and82nd allSession vested-right(2023) claimants,– and6 if– the findings of the State Engineer so indicate, except as otherwise provided ininngs of the subsection 9, the State Engineer may order that withdrawals, including, without limitation, withdrawals from domestic wells, be restricted to conform to priority rights [.] until the water level of the basin is stabilized.

 The designation of a basin as a critical management area pursuant to this subsection may be appealed pursuant to NRS 533.450.

If aaant basin has been designated as a critical management area for [at least] 10 consecutive years, except as otherwise provided in subsection 9, the State Engineer shall order that withdrawals, including, without limitation, withdrawals from domestic wells, be restricted in that basin to conform to priority rights [,] until the water level of the basin is stabilized, unless a groundwater management plan has been approved for the basin pursuant to NRS 534.037.

Any order or decision of the State Engineer so restricting drilling of such wells may be reviewed by the district court of the county pursuant to NRS9.33.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 subsection 8 of NRS 533.450.534.037 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.