AB 419 — Revises provisions relating to water. (BDR 48-736)

(NRS 534.270) Section 10 of this bill:

(1) requires the State Engineer to issue a preliminary determination on such an application and any protest within 120 days after the last publication of the notice of the application and to provide notice of the preliminary determination protestant to file an objection to the preliminary determination within 30 days after the issuance of the preliminary determination;

(3) requires the State Engineer to give an applicant and any protestant notice of a filed objection within 15 days after filing;

(4) requires, with certain exceptions, the State Engineer to hold a hearing regarding an objection within 120 days after receipt of the objection and to provide notice of the hearing;

and (5) authorizes the State Engineer to postpone issuing a preliminary determination under certain circumstances.

Section 10 further requires the State Engineer, with certain exceptions, to either approve or deny each application within 1 year after the issuance of a preliminary determination that is objection to a preliminary determination.he date of the hearing held regarding an Under existing law the State Engineer is exempt from the Nevada Administrative Procedure Act, which establishes procedural requirements for the adoption of regulations and the adjudication of contested cases.

(Chapter 233B of NRS) Section 11 of this bill makes the State Engineer subject to the Nevada Administrative Procedure Act for purposes of adopting regulations and certain provisions governing the adjudication of contested cases.

- *AB419* – 4 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Chapter 532 of NRS is hereby amended by adding thereto a new section to read as follows:

On or before September 15 of each even-numbered year, the State Engineer shall prepare and submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission a report of all applications submitted pursuant to chapters 533 and 534 of NRS that are pending a final decision by the State Engineer as of the date of the report.

The report must include, without limitation:

1.

The number of applications pending a final decision that have been pending for 2 or more years;

and 2.

The name of the applicant for each application pending a final decision that has been pending for 2 or more years, the primary reason the application is pending a final decision and the anticipated date a final decision will be made on the application, if any.

Sec.

1.5.

Such rules of practice and procedure must be furnished to any person upon application therefor.therefor [.] and must include, without limitation, rules:

3.(a) Limiting the evidence presented in a hearing to the subject matter contained in an application or a protest, as applicable;

Theand State(b) EngineerRequiring shallexpert adopttestimony regulationspresented toin establish a pre-applicationhearing review process for the purposes of chapters 533 and 534 of NRS, which must include, without limitation, procedures to submitcomply an application, prior to filing, for review by the State Engineer or his or her designee to identify potential issues with the application,provisions if any, and to meet with the State Engineer or his or her designee at the request of theNRS prospective50.275 applicant.and 50.285.

- *AB419_R1* – 3 – 3.

The State Engineer shall adopt regulations to establish a pre-application review process for the purposes of chapters 533 and 534 of NRS, which must, without limitation:

(a) Include a process for a prospective applicant to request to meet with the State Engineer or his or her designee;

and (b) Require the State Engineer or his or her designee to, not later than 15 days after receiving a request pursuant to paragraph (a), meet with the prospective applicant and review the prospective application to identify any potential barriers to approval of the application.

Chapter(Deleted 533 of NRS is hereby amended by addingamendment.) theretoSec. the provisions set forth as sections 3 and 4 of this act.

Sec.

1.(Deleted by amendment.) Sec.

Except as otherwise provided in subsections 5 and 6, the State Engineer shall, within 150 days after the date of last publication of the notice of the application, issue a preliminary determination on the application and each protest to the application filed pursuant to NRS 533.365, if any.

The preliminary determination must state the preliminary position of the State Engineer on the application, does not convey any rights The State Engineer shall send a copy of the preliminaryplication.

determination to the applicant and any protestant by registered or certified mail and post a copy on the Internet website of the Division of Water Resources of the State Department of Conservation and Natural Resources.

2.

An applicant and any protestant may, within 30 days after the issuance of a preliminary determination, file with the State Engineer a written objection against the preliminary determination.

The objection must set forth with reasonable certainty the grounds of the objection and must be verified by an affidavit of the objector, or an agent or attorney thereof.

Within 15 days after receipt of an objection, the State Engineer shall notify the applicant and each protestant of the objection by registered or - *AB419* – 5 – certified mail and post a copy of the objection on the Internet website of the Division of Water Resources of the State Department of Conservation and Natural Resources.

3.

Except as otherwise provided in subsection 4, the State Engineer shall, within 120 days after receipt of an objection filed pursuant to subsection 2, hold a hearing regarding the objection and on any protests filed.

The State Engineer shall give notice of the hearing to the applicant and each objector and protestant by registered or certified mail and post a copy of the notice on the Internet website of the Division of Water Resources of the State Department of Conservation and Natural Resources.

The notice must:

(a) State the time and place at which the hearing is to be held;

(b) List any evidence relating to the objection which the State Engineer requires to be filed;

and (c) Be mailed and posted on the Internet website of the Division of Water Resources at least 30 days before the date set for the hearing.

The(Deleted Stateby Engineeramendment.) maySec. waive a hearing required pursuant to subsection 3 upon the request of the applicant and each objector and protestant.

Such a request must be filed with the State Engineer within 15 days after receipt of a notice of hearing given pursuant to subsection 3.

The(Deleted Stateby Engineeramendment.) shallSec. not issue a preliminary determination for any application submitted pursuant to NRS 533.345 that is seeking a temporary change of place of diversion, manner of use or place of use of water already appropriated.

The(Deleted Stateby Engineeramendment.) maySec. postpone the issuance of a preliminary determination pursuant to subsection 1:

(a) Upon written authorization to do so by the applicant if the application is not protested.

(b) Upon written authorization to do so from the applicant and all protestants if an application is protested.

(c) If the purpose for which the application was made is municipal use.

(d) In areas where the State Engineer has determined a study is necessary pursuant to NRS 533.368.

(e) Where court actions or adjudications are pending, which may affect the outcome of the application.

(f) On an application for a permit to change a vested water right in a basin where vested water rights have been adjudicated.

Sec.

4.

On or before September 15 of each even-numbered year, the State Engineer shall prepare and submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission a report of all applications submitted - *AB419* – 6 – pursuant to this chapter that are pending approval by the State Engineer as of the date of the report.

The report must include, without limitation:

1.

The number of applications pending approval that have been pending for 2 or more years;

and 2.

The name of the applicant for each application pending approval that has been pending for 2 or more years, the primary reason the application is pending approval and the anticipated date a final determination will be made on the application, if any.

Sec.

5.

NRS 533.324 is hereby amended to read as follows:

533.324 As used in NRS 533.325, 533.345 and 533.425, and section 3 of this act, “water already appropriated” includes water for whose appropriation the State Engineer has issued a permit but which has not been applied to the intended use before an application to change the place of diversion, manner of use or place of use is made.

Sec.

6.

NRS 533.365 is hereby amended to read as follows:

533.365 1.

Any person interested may, within 30 days after the date of last publication of the notice of application, 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 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;

- *AB419* – 7 – (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] notify the applicant whose application has been protested of the fact that the protest has been filed with the State Engineer, which [advice] notice must be sent by registered or certified mail.

4.

The State Engineer shall consider the protest, and may, in his or her discretion, hold hearings in accordance with this section or section 3 of this act if objections have been filed to the preliminary determination of the State Engineer 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 held pursuant to this section by registered or certified mail to [both] the applicant and [the] each protestant.

The notice must state the time and place at which the hearing is to be held and must be mailed at least [15] 30 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 [,] for any application submitted pursuant to NRS 533.345 that is seeking a temporary change of place of diversion, manner of use or place of use of water already appropriated, 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.] - *AB419* – 8 – Sec.

NRS(Deleted 533.370by isamendment.) herebySec. amended to read as follows:

533.370 1.

Except as otherwise provided in this section and NRS 533.0241, 533.345, 533.371, 533.372 and 533.503, the State Engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:

(a) The application is accompanied by the prescribed fees;

(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 delivery or use of water;

and (c) The applicant provides proof satisfactory to the State Engineer of the applicant’s:

(1) Intention in good faith to construct any work necessary to apply the water to the intended beneficial use with reasonable diligence;

and (2) Financial ability and reasonable expectation actually to construct the work and apply the water to the intended beneficial use with reasonable diligence.

2.

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 the application and refuse to issue the requested permit.

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.

3.

In addition to the criteria set forth in subsections 1 and 2, in determining whether an application for an interbasin transfer of groundwater must be rejected pursuant to this section, the State Engineer shall consider:

(a) Whether the applicant has justified the need to import the water from another basin;

(b) If the State Engineer determines that a plan for conservation of water is advisable for the basin into which the water is to be imported, whether the applicant has demonstrated that such a plan has been adopted and is being effectively carried out;

(c) Whether the proposed action is environmentally sound as it relates to the basin from which the water is exported;

(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;

and - *AB419* – 9 – (e) Any other factor the State Engineer determines to be relevant.

4.

Except as otherwise provided in this subsection and subsections 6 and 10 and subsection 6 of NRS 533.365, the State Engineer shall approve or reject each application within [2 years] 1 year after the issuance of a preliminary determination pursuant to section 3 of this act, if an objection has not been filed, or within 240 days after [the final date for filing a protest.] a hearing is held pursuant to subsection 3 of section 3 of this act or NRS 533.365.

The State Engineer may postpone action:

(a) Upon written authorization to do so by the applicant [.] if the application is not protested.

(b) [If an] Upon written authorization to do so by the applicant and all protestants if the application is protested.

(c) If the purpose for which the application was made is municipal use.

(d) In areas where studies of water supplies have been determined to be necessary by the State Engineer pursuant to NRS 533.368.

(e) Where court actions or adjudications are pending, which may affect the outcome of the application.

(f) In areas in which adjudication of vested water rights is deemed necessary by the State Engineer.

(g) On an application for a permit to change a vested water right in a basin where vested water rights have not been adjudicated.

(h) Where authorized entry to any land needed to use the water for which the application is submitted is required from a governmental agency.

(i) On an application for which the State Engineer has [required] not received additional information requested pursuant to NRS 533.375.

5.

If the State Engineer does not act upon an application in accordance with subsections 4 and 6, the application remains active until approved or rejected by the State Engineer.

6.

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.

The State Engineer may postpone action on the application pursuant to subsection 4.

- *AB419* – 10 – 7.

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 and 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 republication must be paid by the applicant.

After such republication and reposting, a protest may be filed in accordance with NRS 533.365.

If(Deleted aby hearingamendment.) isSec. held regarding an application, the final decision of the State Engineer must be in writing and include findings of fact, conclusions of law and a statement of the underlying facts supporting the findings of fact.

The written decision may take the form of a transcription of an oral ruling.

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.

The copy of the application so endorsed must be returned to the applicant.

Except as otherwise provided in subsection 11, if the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation.

If the application is rejected, the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water while the rejection continues in force.

If(Deleted aby personamendment.) isSec. 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 the successor in interest wishes to pursue the protest, the successor in interest must notify the State Engineer in a timely manner on a form provided by the State Engineer.

The(Deleted provisionsby ofamendment.) subsectionsSec. 1 to 9, inclusive, do not apply to an application for an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504.

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.

12.

As used in this section, “domestic well” has the meaning ascribed to it in NRS 534.350.

- *AB419* – 11 – Sec.

8.

NRS 533.440 is hereby amended to read as follows:

533.440 1.

All applications for reservoir permits shall be subject to the provisions of NRS 533.324 to 533.435, inclusive, and section 3 of this act, except those sections wherein proof of beneficial use is required to be filed.

The person or persons proposing to apply to a beneficial use the water stored in any such reservoir shall file an application for a permit, to be known herein as the secondary permit, in compliance with the provisions of NRS 533.324 to 533.435, inclusive, and section 3 of this act, except that no notice of such application shall be published.

2.

The application shall refer to the reservoir for a supply of water and shall show by documentary evidence that an agreement has been entered into with the owner of the reservoir for a permanent and sufficient interest in such reservoir to impound enough water for the purpose set forth in the application.

3.

Effluent discharged from the point of the final treatment from within a sewage collection and treatment system shall be considered water as referred to in this chapter, and shall be subject to appropriation for beneficial use under the reservoir-secondary permit procedure described in this section.

Nothing in this section shall preclude appropriation in accordance with and subject to the provisions of NRS 533.324 to 533.435, inclusive [.] , and section 3 of this act.

4.

When beneficial use has been completed and perfected under the secondary permit, and after the holder thereof shall have made proofs of the commencement and completion of his or her work, and of the application of water to beneficial use, as in the case of other permits, as provided in this chapter, a final certificate of appropriation shall issue as other certificates are issued, except that the certificate shall refer to both the works described in the secondary permit and the reservoir described in the primary permit.

Sec.

9.

NRS 533.450 is hereby amended to read as follows:

533.450 1.

Except as otherwise provided in NRS 533.353, any person feeling aggrieved by any order or decision of the State Engineer, acting in person or through the assistants of the State Engineer or the water commissioner, affecting the person’s interests, when the order or decision relates to the administration of determined rights or is made pursuant to NRS 533.270 to 533.445, inclusive, and section 3 of this act or NRS 533.481, 534.193, 535.200 or 536.200, may have the same reviewed by a proceeding for that purpose, insofar as may be in the nature of an appeal, which must be initiated in the proper court of the county in which the matters affected or a portion thereof are situated, but on stream systems where a decree of court has been entered, the action must be initiated in the court that entered the decree.

The order or decision of - *AB419* – 12 – the State Engineer remains in full force and effect unless proceedings to review the same are commenced in the proper court within 30 days after the rendition of the order or decision in question and notice thereof is given to the State Engineer as provided in subsection 3.

2.

The proceedings in every case must be heard by the court, and must be informal and summary, but full opportunity to be heard must be had before judgment is pronounced.

3.

No such proceedings may be entertained unless notice thereof, containing a statement of the substance of the order or decision complained of, and of the manner in which the same injuriously affects the petitioner’s interests, has been served upon the State Engineer, personally or by registered or certified mail, at the Office of the State Engineer at the State Capital within 30 days following the rendition of the order or decision in question.

A similar notice must also be served personally or by registered or certified mail upon the person who may have been affected by the order or decision.

4.

Where evidence has been filed with, or testimony taken before, the State Engineer, a transcribed copy thereof, or of any specific part of the same, duly certified as a true and correct transcript in the manner provided by law, must be received in evidence with the same effect as if the reporter were present and testified to the facts so certified.

A copy of the transcript must be furnished on demand, at actual cost, to any person affected by the order or decision, and to all other persons on payment of a reasonable amount therefor, to be fixed by the State Engineer.

5.

An order or decision of the State Engineer must not be stayed unless the petitioner files a written motion for a stay with the court and serves the motion personally or by registered or certified mail upon the State Engineer, the applicant or other real party in interest and each party of record within 10 days after the petitioner files the petition for judicial review.

Any party may oppose the motion and the petitioner may reply to any such opposition.

In determining whether to grant or deny the motion for a stay, the court shall consider:

(a) Whether any nonmoving party to the proceeding may incur any harm or hardship if the stay is granted;

(b) Whether the petitioner may incur any irreparable harm if the stay is denied;

(c) The likelihood of success of the petitioner on the merits;

and (d) Any potential harm to the members of the public if the stay is granted.

6.

Except as otherwise provided in this subsection, the petitioner must file a bond in an amount determined by the court, - *AB419* – 13 – with sureties satisfactory to the court and conditioned in the manner specified by the court.

The bond must be filed within 5 days after the court determines the amount of the bond pursuant to this subsection.

If the petitioner fails to file the bond within that period, the stay is automatically denied.

A bond must not be required for a public agency of this State or a political subdivision of this State.

7.

Costs must be paid as in civil cases brought in the district court, except by the State Engineer or the State.

8.

The practice in civil cases applies to the informal and summary character of such proceedings, as provided in this section.

9.

Appeals may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution from the judgment of the district court in the same manner as in other civil cases.

10.

The [decision of the State Engineer is prima facie correct, and the] burden of proof in any proceeding initiated pursuant to subsection 1 is upon the party attacking the same.

11.

The court shall not substitute its judgment for that of the State Engineer as to the weight of evidence on a question of fact.

The court may remand or affirm the final decision or set it aside in whole or in part if substantial rights of the petitioner have been prejudiced because the final decision of the State Engineer is:

(a) In violation of constitutional or statutory provisions;

(b) In excess of the statutory authority of the agency;

(c) Made upon unlawful procedure;

(d) Affected by other error of law;

(e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record;

or (f) Arbitrary or capricious or characterized by abuse of discretion.

12.

Whenever it appears to the State Engineer that any litigation, whether now pending or hereafter brought, may adversely affect the rights of the public in water, the State Engineer shall request the Attorney General to appear and protect the interests of the State.

13.

As used in this section, “substantial evidence” means evidence which a reasonable mind might accept as adequate to support a conclusion.

Sec.

10.

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 - *AB419* – 14 – 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 notice of the application to be given once each week for 2 consecutive weeks in 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.

The notice 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.

3.

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;

- *AB419* – 15 – (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.

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

5.

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

6.

Within 120 days after the date of last publication of the notice of the application pursuant to subsection 2, the State Engineer shall issue a preliminary determination on the application and each protest, if any.

The preliminary determination must state the preliminary position of the State Engineer on the application and is not deemed to be an approval or denial of the application.

The State Engineer shall send a copy of the preliminary determination to the applicant and any protestant by certified mail and post a copy on the Internet website - *AB419* – 16 – of the Division of Water Resources of the State Department of Conservation and Natural Resources.

7.

An objection to a preliminary determination:

(a) May be made by an applicant and any protestant to the application;

(b) Must be in writing;

(c) Must be filed with the State Engineer within 30 days after the issuance of a preliminary determination;

(d) Must set forth with reasonable certainty the grounds of the objection;

and (e) Must be signed by the objector or the objector’s agent or attorney.

8.

Within 15 days after receipt of an objection, the State Engineer shall notify the applicant and each protestant of the objection by registered or certified mail and post a copy of the objection on the Internet website of the Division of Water Resources of the State Department of Conservation and Natural Resources.

9.

Except as otherwise provided in subsection 10, the State Engineer shall, within 120 days after receipt of an objection filed pursuant to subsection 7, hold a hearing regarding the objection and on any protests filed.

The State Engineer shall give notice of the hearing to the applicant and each objector and protestant by registered or certified mail and post a copy of the notice on the Internet website of the Division of Water Resources of the State Department of Conservation and Natural Resources.

The notice must:

(a) State the time and place at which the hearing is to be held;

(b) List any evidence relating to the objection which the State Engineer requires to be filed;

and (c) Be mailed and posted on the Internet website of the Division of Water Resources at least 30 days before the date set for the hearing.

10.

The State Engineer may waive a hearing required pursuant to subsection 9 upon the request of the applicant and each objector and protestant.

Such a request must be filed with the State Engineer within 15 days after receipt of a notice of hearing given pursuant to subsection 9.

11.

The State Engineer shall either approve or deny each application within 1 year after the [final date for filing a protest,] issuance of a preliminary determination if an objection to the preliminary determination was not filed, 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,] preliminary determination to which an objection has been filed, - *AB419* – 17 – within 1 year after the date of the hearing regarding the objection to the preliminary determination, unless the State Engineer has received a written request to postpone the decision from [both the protester] all objectors, protestants and the applicant.

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

[7.] 12.

Any person aggrieved by any decision of the State Engineer made pursuant to subsection [6] 11 may appeal that decision to the district court pursuant to NRS 533.450.

Sec.

11.

- *AB419_R1* – 4 – [(l)] (k) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 445C.310.

- *AB419* – 18 – (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;

(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 - *AB419_R1* – 5 – Department of Health and Human Services pursuant to NRS 217.130;

(i) The adoption, amendment or repeal of the statewide plan to allocate money from the Fund for a Resilient Nevada created by - *AB419* – 19 – NRS 433.732 established by the Department of Health and Human Services pursuant to paragraph (b) of subsection 1 of NRS 433.734;

or (j) The adoption or amendment of a data request by the Com6.Commissioner of Insurance pursuant to NRS 687B.404.

6.

H - *AB419**AB419_R1*