Nevada 2025 Regular Session Status: Enacted

AB 104 — Revises provisions relating to water. (BDR 48-383)

Last action — Approved by the Governor. Chapter 226.

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

This bill has been enacted into law. Introduced January 17, 2025. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 03, 2025.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

931 added · 1013 removed

931 line(s) added, 1013 removed.

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(Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT A.B.
Assembly Bill No.
104 A SSEMBLY B ILLN O.
104–Committee on Natural Resources CHAPTER..........
104–C OMMITTEE ON N ATURAL R ESOURCES (ON B EHALF OF THE JOINT INTERIM STANDING C OMMITTEE ON NATURAL R ESOURCES ) P REFILED JANUARY 17, 2025 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions relating to water.
(BDR 48-383) FISCAL NOTE:
EfEffect on the State:
Yes.
May have Fiscal Impact.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
creating the Nevada for Retiring Water Rights;
creating the Nevada Conservation and Recreation Program;
creating the Account for Retiring Water Rights;
authorizing the Southern Nevada Water Authority or member agency thereof to use the proceeds of certain fees for certain programs for customers;
- *AB104_R1* – 2 – LegExisting law requires the State Department of Conservation and Natural Resources 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 and natural and cultural resources of this State and requires the Director to adopt regulations to make such grants.
Legislative Counsel’s Digest:
(Section 2 of Assembly Bill No.
Existing law requires the State Department of Conservation and Natural Resources 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 and natural and cultural resources of this State and requires the Director to adopt regulations to make such grants.
84, chapter 480, Statutes of Nevada 2019, at page 2861) Existing regulations establish the Nevada Conservation and Recreation Program to make such grants.
2861) Existing regulations establish the Nevada Conservation and Recreationt page Program to make such grants.
R025-22) Section 8 of this bill creates grant program to make such grants and the Nevada Voluntary Water Rightssists of a Retirement Program.
R025-22) Section 8 of this bill creates the Program in statute.
Section 14 of this bill provides that the Program is within the Department.
Section 8 further provides that the Program consists of a grant program to make such grants and the Nevada Voluntary Water Rights Retirement Program.
Section 13 of this bill applies the definitions in existing law relating to the Department to the provisions of sections 8-10 of this bill.
Section 14 of this bill provides that the Program is within the the Department to the provisions of sections 8-10 of this bill.existing law relating to Under existing law, any person who wishes to appropriate public waters, or to change the place of diversion, manner of use or place of use of water already 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 change the place of diversion, manner of use or place of use of water already appropriated, must apply to the State Engineer for a permit to do so.
(NRS 533.325) Existing law further provides that all underground waters within the boundaries of State relating to the appropriation and use of water.
(NRS 533.325) Existing law further provides that all underground waters within the boundaries of the State are subject to appropriation for beneficial use only under the laws of this creates the Account for Retiring Water Rights, to be administered by the Director of the State Department of Conservation and Natural Resources, and requires that the money in the Account only be used for the purchase of vested or certificated groundwater rights for certain purposes.
(NRS 534.020) Section 9 of this creates the Account for Retiring Water Rights, to be administered by the Director - 83rd Session (2025) – 2 – of the State Department of Conservation and Natural Resources, and requires that the money in the Account only be used for the purchase of decreed or certificated groundwater rights for certain purposes.
(1) the purchase and retirement of vested or certificated groundwater rights;
(1) the purchase and retirement of decreed or certificated Section 10 also prohibits the Director from accepting donations and applications for the purchase and retirement of such groundwater rights after June 30, 2035.
and (2) the acceptance of donations of groundwater rights.
Section 21 of this bill makes conforming changes to reflect that the Director may not accept applications or donations after that date.
Section 10 also prohibits the Director from accepting donations and applications Section 21 of this bill makes conforming changes to reflect that the Director may not accept applications or donations after that date.
(1) requires the State Engineer to retire all vested or certificated water rights purchased by or donated to the Nevada Voluntary Water Rights Retirement Program;
(1) requires the State Engineer to retire all decreed or certificated water rights purchased by or donated to the Nevada Voluntary Water Rights Retirement Program;
Sections 1-3 of this bill prohibit the appropriation of water for which the rights have been retired pursuant to the Nevada Voluntary Water Rights Retirement ProSection 25 of this bill provides for the provisions relating to the Account set forth in section 9 to expire on June 30, 2035.
Sections 1-3 of this bill prohibit the appropriation of water for which the rights have been retired pursuant to the Nevada Voluntary Water Rights Retirement Program.
Section 25 of this bill provides for the provisions relating to the Account set forth in section 9 to expire on June 30, 2035.
Under existing law, the State Engineer may issue temporary permits to appropriate groundwater in certain designated areas which may be revoked under certain circumstances.
Under existing law, the State Engineer may issue temporary permits to certain circumstances.
(NRS 534.120) Sections 5, 6, 16 and 22 of this bill revise refSection 23 of this bill deems any such existing and valid temporary permit issued by the State Engineer pursuant to existing law before July 1, 2025, to be a revocable permit.
(NRS 534.120) Sections 5, 6, 16 and 22 of this bill revise references to these temporary permits to revocable permits.
Section 23 of this bill deems any such existing and valid temporary permit issued by the State Engineer pursuant to existing law before July 1, 2025, to be a revocable permit.
- *AB104_R1* – 3 – water and eligible recipients to pay for certain costs related to water conservation and capital improvements to water systems.
Existing law establishes a program to provide grants of money to purveyors of water and eligible recipients to pay for certain costs related to water conservation and capital improvements to water systems.
and (2) the permanent retirement of groundwater rights for certain purposes.
and (2) the permExisting law requires certain recipients of a grant of money from this program to provide an amount of money determined by the Board for Financing Water Projects that will be used for the same purpose as the grant and which must be based upon the average household income of the customers of the recipient.
Existing law requires certain recipients of a grant of money from this program Projects that will be used for the same purpose as the grant and which must be based upon the average household income of the customers of the recipient.
(NRS 349.983) Section of this bill instead requires the amount of money provided by a recipient to be based upon the median household income of the customers of the recipient.
(NRS 349.983) Section 17 of this bill instead requires the amount of money provided by a recipient to be based upon the median household income of the customers of the recipient.
(NRS 439.3672) Section 18 receive financial assistance from this program.or a property owner to be eligible to Existing law sets forth a legislative declaration relating to the right of the people of this State to clean water and certain policies of this State related to this right to clean water.
(NRS 439.3672) Section 18 - 83rd Session (2025) – 3 – receive financial assistance from this program.or a property owner to be eligible to Existing law sets forth a legislative declaration relating to the right of the people of this State to clean water and certain policies of this State related to this right to clean water.
Existing state law requires the State Environmental Commission to establish water quality standards at a level designed to protect and ensure a continuation of the designated beneficial use or uses for the stream segment or other body of 445A.520) Existing federal law authorizes a state to establish a variance in the water quality standard from the water quality standard determined to protect and ensure a continuation of the designated beneficial use or uses if the state determines that compliance with this standard is not feasible for certain reasons.
Existing state law requires the State Environmental Commission to establish water quality standards at a level designed to protect and ensure a continuation of surface water that have been determined applicable by the Commission.
(NRS of 445A.520) Existing federal law authorizes a state to establish a variance in the water quality standard from the water quality standard determined to protect and ensure a continuation of the designated beneficial use or uses if the state determines that compliance with this standard is not feasible for certain reasons.
The Conservation of Colorado River Water Act establishes certain provisions relating to conserving the waters of the Colorado River, including requiring certain parcels of property which use such waters to participate in an irrigation water 2179) The Act requires the Board of Directors of the Southern Nevada Waterage Authority to:
The Conservation of Colorado River Water Act establishes certain provisions relating to conserving the waters of the Colorado River, including requiring certain efficiency monitoring program.
(Chapter 364, Statutes of Nevada 2021, at pageer 2179) The Act requires the Board of Directors of the Southern Nevada Water Authority to:
Section 21.3 of this bill authorizes the Southern Nevada Water Authority or a member agency thereof that charges an excessive use fee to residential customers to or member agency.of the fee for certain programs to assist customers of the Authority Existing law authorizes the Southern Nevada Water Authority to create an Advisory Committee for the Management of Groundwater in the Las Vegas Valley Groundwater Basin.
Existing law authorizes the Southern Nevada Water Authority to create an Groundwater Basin.
If a member appointed to the Committee resigns or is unable to serve, the Board of Directors is required to appoint a person to fill the vacancy not - *AB104_R1* – 4 – later than 90 days after the vacancy occurs.
If a member appointed to the Committee resigns or is unable to serve, the Board of Directors is required to appoint a person to fill the vacancy not later than 90 days after the vacancy occurs.
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(Section 8 of chapter 572, Statutes of Nevada 1997, as last amended by chapter 517, Statutes of Nevada 2017, at page to fill the vacancy not later than 90 days after the vacancy occurs.d of Directors THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(Section 8 of chapter 572, Statutes of Nevada 1997, as last amended by chapter 517, Statutes of Nevada 2017, at page 3507) Section 21.7 of this bill removes the requirement for the Board of Directors to fill the vacancy not later than 90 days after the vacancy occurs.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
The use of water, from any stream system as provided in this chapter and from underground water as provided in NRS 534.080, for any recreational purpose, or the use of water from the Muddy River or the Virgin River to create any developed shortage supply or intentionally created surplus, is hereby declared to be a beneficial use.
The use of water, from any stream system as provided in this chapter and from underground water as provided in NRS 534.080, for any recreational purpose, or the use of water from the Muddy - 83rd Session (2025) – 4 – intentionally created surplus, is hereby declared to be a beneficial use.
(b) The governing body of a city 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 boundaries of the city.
(b) The governing body of a city may prohibit or restrict by ordinance the use of water and effluent for recreational purposes in of the city.ally created lake or stream located within the boundaries 4.
4.
- *AB104_R1* – 5 – Sec.
Sec.
Except as otherwise provided in this section and NRS 533.0241, 533.345, 533.371, 533.372 and 533.503, and section 4 of this act, the State Engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:
Except as otherwise provided in this section and NRS 533.0241, 533.345, 533.371, 533.372 and 533.503, and section 4 of this act, the State Engineer shall approve an application water to beneficial use if:ich contemplates the application of (a) The application is accompanied by the prescribed fees;
(a) The application is accompanied by the prescribed fees;
(1) Intention in good faith to construct any work necessary to apply the water to the intended beneficial use with reasonable diligence;
- 83rd Session (2025) – 5 – apply the water to the intended beneficial use with reasonablesary to diligence;
(c) The groundwater rights have been retired pursuant to section 4 of this act;
(c) The application requests a change to or reinstatement of groundwater rights that have been retired pursuant to section 4 of this act;
or [where its] (d) The 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 .
or [where its] (d) The proposed use or change conflicts with existing rights or NRS 533.024 [,] or threatens to prove detrimental to the publicrth in interest .
(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 - *AB104_R1* – 6 – imported, whether the applicant has demonstrated that such a plan has been adopted and is being effectively carried out;
(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(c) Whether the proposed action is environmentally sound as it relates to the basin from which the water is exported;
(c) Whether the proposed action is environmentally sound as it relates to the basin from which the water is exported;
Except as otherwise provided in this subsection and subsections 6 and 10 and NRS 533.365, the State Engineer shall approve or reject each application within 2 years after the final date for filing a protest.
Except as otherwise provided in this subsection and subsections 6 and 10 and NRS 533.365, the State Engineer shall - 83rd Session (2025) – 6 – for filing a protest.
The State Engineer may postpone action:
The State Engineer may postpone action:inal date (a) Upon written authorization to do so by the applicant.
(a) Upon written authorization to do so by the applicant.
(h) Where authorized entry to any land needed to use the water for which the application is submitted is required from a governmental agency.
(h) Where authorized entry to any land needed to use the water for which the application is submitted is required from a gov(i) On an application for which the State Engineer has required additional information pursuant to NRS 533.375.
(i) On an application for which the State Engineer has required additional information pursuant to NRS 533.375.
The State Engineer may postpone action on the application pursuant to subsection 4.
The State Engineer may postpone action on the application pursuant to sub7.ctiIf 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.
- *AB104_R1* – 7 – 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.
8.
- 83rd Session (2025) – 7 – the State Engineer must be in writing and include findings of fact, of conclusions of law and a statement of the underlying facts supporting the findings of fact.
If a hearing is held regarding an application, the 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.
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 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 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 aut12.
12.
- *AB104_R1* – 8 – Sec.
Sec.
4.
- 83rd Session (2025) – 8 – 4.
The groundwater that has not been committed for use from the proposed source of supply has been reserved pursuant to NRS 533.0241;
The groundwater that has not been committed for use from NRS 533.0241;source of supply has been reserved pursuant to 6.
6.
The application requests a change to or reinstatement of groundwater rights that have been retired pursuant to section 4 of this act;
The groundwater rights have been retired pursuant to section 4 of this act;
The State Engineer shall retire all vested or certificated groundwater rights purchased by or donated to the Nevada Voluntary Water Rights Retirement Program pursuant to section 10 of this act using any appropriate mechanism, as determined by the State Engineer, and preclude that groundwater from appropriation.
The State Engineer shall retire all decreed or certificated groundwater rights purchased by or donated to the Nevada Voluntary Water Rights Retirement Program pursuant to section of this act using any appropriate mechanism, as determined by the State Engineer, and preclude that groundwater from appropriation.
Any vested or certificated groundwater right that has been retired pursuant to this section is not available for any use and shall be deemed to be retired in the source in perpetuity.
Any decreed or certificated groundwater right that has been retired pursuant to this section is not available for any use and shall be deemed to be retired in the source in perpetuity.
The State Engineer shall not retire any vested or certificated groundwater right pursuant to subsection 1 unless the purchase of the groundwater right or the donation of the groundwater right was approved by the Director of the State Department of Conservation and Natural Resources pursuant to section 10 of this act on or before June 30, 2035.
The State Engineer shall not retire any decreed or certificated groundwater right pursuant to subsection 1 unless the purchase of the groundwater right or the donation of the groundwater right was approved by the Director of the State Department of Conservation and Natural Resources pursuant to secSec.
Sec.
NRS 534.120 is hereby amended to read as follows:
ofNRS 534.120 is hereby amended to read as follows:
In the interest of public welfare, the State Engineer is authorized and directed to designate preferred uses of water within the respective areas so designated by the State Engineer and from which the groundwater is being depleted, and in acting on - *AB104_R1* – 9 – applications to appropriate groundwater, the State Engineer may designate such preferred uses in different categories with respect to the particular areas involved within the following limits:
In the interest of public welfare, the State Engineer is authorized and directed to designate preferred uses of water within the respective areas so designated by the State Engineer and from which the groundwater is being depleted, and in acting on applications to appropriate groundwater, the State Engineer may designate such preferred uses in different categories with respect to the particular areas involved within the following limits:
(a) Domestic, municipal, quasi-municipal, industrial, irrigation, mining and stock-watering uses;
- 83rd Session (2025) – 9 – mining and stock-watering uses;
and (b) Any uses for which a county, city, town, public water district or public water company furnishes the water.
andunicipal, industrial, irrigation, (b) Any uses for which a county, city, town, public water district or public water company furnishes the water.
The holder of a [temporary] revocable permit that is revoked pursuant to this subsection must be given 730 days from the date of revocation to connect to the public entity furnishing water.
The holder of a [temporary] revocable permit that is revoked pursuant to this subsection must be given 730 days from the date of rev4.atiIn a basin designated pursuant to NRS 534.030, the State Engineer may:
4.
In a basin designated pursuant to NRS 534.030, the State Engineer may:
(d) In connection with the approval of a parcel map in which any parcel is proposed to be served by a domestic well, require the dedication to a city or county or a designee of a city or county, or require a relinquishment to the State Engineer, of any right to appropriate water required by the State Engineer to ensure a sufficient supply of water for each of those parcels, unless the dedication of the right to appropriate water is required by a local ordinance.
(d) In connection with the approval of a parcel map in which any parcel is proposed to be served by a domestic well, require the dedication to a city or county or a designee of a city or county, or require a relinquishment to the State Engineer, of any right to sufficient supply of water for each of those parcels, unless the dedication of the right to appropriate water is required by a local ordinance.
- *AB104_R1* – 10 – (1) Deny any applications to appropriate groundwater for use in areas served by a public entity such as a water district or a municipality presently engaged in furnishing water;
(1) Deny any applications to appropriate groundwater for use in areas served by a public entity such as a water district or a municipality presently engaged in furnishing water;
(2) Limit the depth of a domestic well;
- 83rd Session (2025) – 10 – (3) Prohibit the drilling of wells for domestic use [in areas where water can be furnished by] if a property is within 1,250 feet of a service line of a public entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants;
or (3) Prohibit the drilling of wells for domestic use [in areas where water can be furnished by] if a property is within 1,250 feet of a service line of a public entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants;
6.
exempt the provisions of this section with respect to public housing authorities.
For good and sufficient reasons, the State Engineer may exempt the provisions of this section with respect to public housing authorities.
The notice must include a statement indicating that, if and when water can be furnished by an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area:
The notice must include a statement indicating district or a municipality engaged in furnishing water to the a water inhabitants of the designated area:
- *AB104_R1* – 11 – Sec.
- 83rd Session (2025) – 11 – Sec.
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.
The Nevada Conservation and Recreation preserve and obtain the benefits of the property and natural and cultural resources of this State.
The money in the Account for Retiring Water Rights must only be used for administering the Nevada Voluntary Water Rights Retirement Program established by section 10 of this act, to purchase vested or certificated groundwater rights for retirement pursuant to section 10 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 groundwater rights pursuant to sections 4 and 10 of this act.
The money in the Account for Retiring Water Rights must Rights Retirement Program established by section 10 of this act, to purchase decreed or certificated groundwater rights for retirement pursuant to section 10 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 groundwater rights pursuant to sections 4 and 10 of this act.
Any money remaining in the Account for Retiring Water Rights at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account for Retiring Water Rights must be carried forward to the next fiscal year.
Any money remaining in the Account for Retiring Water Rights at the end of a fiscal year does not revert to the State - 83rd Session (2025) – 12 – General Fund, and the balance in the Account for Retiring Water Rights must be carried forward to the next fiscal year.
- *AB104_R1* – 12 – 6.
6.
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 Retiring Water Rights.
The Director may enter into an agreement with a public or private entity to apply for, obtain or manage any money conSec.
Sec.
The Nevada Voluntary Water Rights Retirement Program is hereby established in the Nevada Conservation and Recreation Program created by section 8 of this act to purchase and retire vested or certificated groundwater rights from willing sellers and to accept donations of groundwater rights for retirement in order to:
theThe Nevada Voluntary Water Rights Retirement Program is hereby established in the Nevada Conservation and Recreation Program created by section 8 of this act to purchase and retire decreed or certificated groundwater rights from willing sellers and to accept donations of groundwater rights for retirement in order to:
In administering the Program, the Director shall, to the extent money is available in the Account for Retiring Water Rights created by section 9 of this act, identify and purchase vested or certificated groundwater rights for retirement by the State Engineer pursuant to section 4 of this act from persons willing to retire those groundwater rights in groundwater basins where:
In administering the Program, the Director shall, to the extent money is available in the Account for Retiring Water Rights created by section 9 of this act, identify and purchase decreed or certificated groundwater rights for retirement by the State Engineer pursuant to section 4 of this act from persons willing to retire those groundwater rights in groundwater basins where:
and (b) The retirement of groundwater rights in the groundwater basin meets any purpose set forth in subsection 1.
or (b) The retirement of groundwater rights in the groundwater bas3.
3.
mThe Director shall document in writing the purpose of each decreed or certificated groundwater right that is purchased by or donated to the Program and file the written document with the State Engineer.
The Director shall document in writing the purpose of each vested or certificated groundwater right that is purchased by or donated to the Program and file the written document with the State Engineer.
When sufficient money is available in the Account for Retiring Water Rights created by section 9 of this act, the Director may accept applications for the purchase and retirement of vested or certificated groundwater rights.
When sufficient money is available in the Account for Retiring Water Rights created by section 9 of this act, the Director may accept applications for the purchase and retirement of decreed or certificated groundwater rights.
The Director shall not accept donations or applications for the purchase and retirement of vested or certificated groundwater rights after June 30, 2035.
The Director shall not accept donations or applications for the purchase and retirement of decreed or certificated groundwater rights after June 30, 2035.
Sec.
Secs.
11.
11 and 12.
12.
(Deleted by amendment.) Sec.
1.
- 83rd Session (2025) – 13 – 1.
- *AB104_R1* – 13 – 2.
2.
Sec.
14.
NRS 232.090 is hereby amended to read as follows:
There is hereby established a program to provide grants of money to:
There is hereby established a program to provide gra(a) A purveyor of water to pay for costs of capital improvements to publicly owned community water systems and publicly owned nontransient water systems required or made necessary by the State Environmental Commission pursuant to NRS 445A.800 to 445A.955, inclusive, or made necessary by the Safe Drinking Water Act, 42 U.S.C.
(a) A purveyor of water to pay for costs of capital improvements to publicly owned community water systems and publicly owned nontransient water systems required or made necessary by the State Environmental Commission pursuant to NRS 445A.800 to 445A.955, inclusive, or made necessary by the Safe Drinking Water Act, 42 U.S.C.
(5) Improving the efficiency of irrigation operations;
- 83rd Session (2025) – 14 – (6) Improving the efficiency of the operation of a facility for the storage of water, including, without limitation, efficiency in diverting water to such a facility [.] ;
[and] (6) Improving the efficiency of the operation of a facility for the storage of water, including, without limitation, efficiency in diverting water to such a facility [.] ;
(7) Removing grass and replacing grass with water-efficient landscaping, if the removal of the grass is secured by a conservation easement;
- *AB104_R1* – 14 – (7) Removing grass and replacing grass with water-efficient landscaping, if the removal of the grass is secured by a conservation easement;
(c) An eligible recipient to pay the following costs associated with connecting a domestic well or well with a [temporary] revocable permit to a municipal water system, if the well was in existence on or before October 1, 1999, and the well is located in an area designated by the State Engineer pursuant to NRS 534.120 as an area where the groundwater basin is being depleted:
(c) An eligible recipient to pay the following costs associated with connecting a domestic well or well with a [temporary] revocable permit to a municipal water system, if the well was in existence on or before October 1, 1999, and the well is located in an an area where the groundwater basin is being depleted:534.120 as (1) Any local or regional fee for connection to the municipal water system.
(1) Any local or regional fee for connection to the municipal water system.
community sewage disposal system.ee for connection to the (2) The cost of any capital improvement that is required to comply with a statute of this State or a decision, directive, order or regulation of the Division of Environmental Protection.
(e) An eligible recipient to pay the following costs associated with abandoning an individual sewage disposal system and connecting the property formerly served by the abandoned individual sewage disposal system to a community sewage disposal system, if the Division of Environmental Protection approves a - 83rd Session (2025) – 15 – developed by the State or a local government that provides for the abandonment of an individual sewage disposal system and the connection of the property upon which the individual sewage disposal system was located to a community sewage disposal system pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, or any regulations adopted pursuant thereto:
(e) An eligible recipient to pay the following costs associated with abandoning an individual sewage disposal system and connecting the property formerly served by the abandoned individual sewage disposal system to a community sewage disposal system, if the Division of Environmental Protection approves a program or project for the protection of groundwater quality developed by the State or a local government that provides for the abandonment of an individual sewage disposal system and the connection of the property upon which the individual sewage disposal system was located to a community sewage disposal - *AB104_R1* – 15 – system pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, or any regulations adopted pursuant thereto:
(f) An eligible recipient to pay the following costs associated with plugging and abandoning a well and connecting the property formerly served by the well to a municipal water system, if the State Engineer requires the plugging of the well pursuant to subsection 3 of NRS 534.180 or if the quality of the water of the well fails to U.S.C.
(1) Any local or regional fee for connection to the community sewage disposal system.
(2) The cost of any capital improvement that is required to comply with a statute of this State or a decision, directive, order or regulation of the Division of Environmental Protection.
(f) An eligible recipient to pay the following costs associated with plugging and abandoning a well and connecting the property formerly served by the well to a municipal water system, if the State Engineer requires the plugging of the well pursuant to subsection 3 of NRS 534.180 or if the quality of the water of the well fails to comply with the standards of the Safe Drinking Water Act, 42 U.S.C.
3.
grant provided pursuant to this section to a nonprofit association or nonprofit cooperative corporation that is an eligible recipient, the provisions of NRS 338.013 to 338.090, inclusive, apply to:
For any construction work paid for in whole or in part by a grant provided pursuant to this section to a nonprofit association or nonprofit cooperative corporation that is an eligible recipient, the provisions of NRS 338.013 to 338.090, inclusive, apply to:
(b) Require the nonprofit association or nonprofit cooperative corporation to comply with those statutory provisions in the same manner as if it was a public body that had undertaken the project or had awarded the contract.
- 83rd Session (2025) – 16 – (b) Require the nonprofit association or nonprofit cooperative corporation to comply with those statutory provisions in the same manner as if it was a public body that had undertaken the project or had awarded the contract.
(c) Require the contractor who is awarded the contract for the construction work, or a subcontractor on the project, to comply with those statutory provisions in the same manner as if he or she was a - *AB104_R1* – 16 – contractor or subcontractor, as applicable, engaged on a public work.
construction work, or a subcontractor on the project, to comply with those statutory provisions in the same manner as if he or she was a contractor or subcontractor, as applicable, engaged on a public work.
2.
to receive grants pursuant to paragraph (a) of subsection 1 of NRSe 349.981, the Board shall give preference to those purveyors of water whose public water systems regularly serve fewer than 6,000 persons.
In making its determination of which purveyors of water are to receive grants pursuant to paragraph (a) of subsection 1 of NRS 349.981, the Board shall give preference to those purveyors of water whose public water systems regularly serve fewer than 6,000 persons.
Sec.
- 83rd Session (2025) – 17 – 439.3672 1.
18.
The district board of health may create allows:
NRS 439.3672 is hereby amended to read as follows:
voluntary financial assistance program to pay 100 percent of the cost for [a] an eligible property owner with an existing septic system whose property is served by a municipal water system to abandon the septic system and connect to the community sewerage disposal system.
439.3672 1.
The district board of health may create a voluntary financial assistance program to pay 100 percent of the cost for [a] an eligible property owner with an existing septic system whose property is served by a municipal water system to abandon the septic system and connect to the community sewerage disposal system.
Upon an affirmative vote of two-thirds of all the members of the district board of health, the district board of health may impose a - *AB104_R1* – 17 – voluntary annual fee on property owners with existing septic systems whose property is served by a municipal water system to carry out the provisions of this section.
Upon an affirmative vote of two-thirds of all the members of the district board of health, the district board of health may impose a voluntary annual fee on property owners with existing septic systems whose property is served by a municipal water system to carry out the provisions of this section.
(a) The fee must not exceed the annual sewer rate charged by the largest community sewerage disposal system in the county or counties, as applicable, in which the district board of health has been established;
(a) The fee must not exceed the annual sewer rate charged by the largest community sewerage disposal system in the county or counties, as applicable, in which the district board of health has been est(b) The district board of health shall not provide financial assistance to any property owner who does not pay the voluntary annual fee [.] in accordance with the provisions of paragraph (b) of subsection 4.
and (b) The district board of health shall not provide financial assistance to any property owner who does not pay the voluntary annual fee [.] in accordance with the provisions of paragraph (b) of subsection 4.
5.
As used in this section:
Sec.
- 83rd Session (2025) – 18 – Sec.
(b) Is harmful to wildlife, fish and other aquatic life;
(c) Impairs domestic, agricultural, industrial, recreational and other beneficial uses of water.
and (c) Impairs domestic, agricultural, industrial, recreational and other beneficial uses of water.
(a) To maintain the quality of the waters of the State consistent with the public health and enjoyment, the propagation and - *AB104_R1* – 18 – protection of terrestrial and aquatic life, the operation of existing industries, the pursuit of agriculture, and the economic development of the State;
(a) To maintain the quality of the waters of the State consistent with the public health and enjoyment, the propagation and protection of terrestrial and aquatic life, the operation of existing industries, the pursuit of agriculture, and the economic development of the State;
[The] Except as otherwise provided in subsection 4, the Commission shall establish water quality standards at a level designed to protect and ensure a continuation of the designated beneficial use or uses which the Commission has determined to be applicable to each stream segment or other body of surface water in the State.
[The] Except as otherwise provided in standards at a level designed to protect and ensure a continuation of the designated beneficial use or uses which the Commission has determined to be applicable to each stream segment or other body of surface water in the State.
The Commission may establish water quality standards for individual segments of streams or for other bodies of surface water which vary from standards based on recognized criteria if such variations are justified by the circumstances pertaining to particular places, as determined by biological monitoring or other appropriate studies.
The Commission may establish water quality standards for individual segments of streams or for other bodies of surface water - 83rd Session (2025) – 19 – variations are justified by the circumstances pertaining to particular places, as determined by biological monitoring or other appropriate studies.
and - *AB104_R1* – 19 – (b) Establish a time-limited designated use and criteria for specific pollutants or water quality parameters during the term of the water quality standard variance.
and (b) Establish a time-limited designated use and criteria for specific pollutants or water quality parameters during the term of the water quality standard variance.
Sec.
follows:21.
21.
Section 10 of this act is hereby amended to read as Sec.
Section 10 of this act is hereby amended to read as follows:
Sec.
The Nevada Voluntary Water Rights Retirement Program is hereby established in the Nevada Conservation and Recreation Program created by section 8 of this act to purchase and retire vested or certificated groundwater rights from willing sellers and to accept donations of groundwater rights for retirement in order to:
The Nevada Voluntary Water Rights Retirement Program is hereby established in the Nevada Conservation and Recreation Program created by section 8 of this act to purchase and retire decreed or certificated groundwater rights from willing sellers and to accept donations of groundwater rights for retirement in order to:
[In administering the Program, the Director shall, to the extent money is available in the Account for Retiring Water Rights created by section 9 of this act, identify and purchase vested or certificated groundwater rights for retirement by the State Engineer pursuant to section 4 of this act from persons willing to retire those groundwater rights in groundwater basins where:
[In administering the Program, the Director shall, to the extent money is available in the Account for Retiring Water Rights or certificated groundwater rights for retirement by the Stated Engineer pursuant to section 4 of this act from persons willing to retire those groundwater rights in groundwater basins where:
and (b) The retirement of groundwater rights in the groundwater basin meets any purpose set forth in subsection 1.] 3.
or - 83rd Session (2025) – 20 – (b) The retirement of groundwater rights in the groundwater basin meets any purpose set forth in subsection 1.] 3.
[The Director shall document in writing the purpose of each vested or certificated groundwater right that is purchased by or donated to the Program and file the written document with the State Engineer.
[The Director shall document in writing the purpose purchased by or donated to the Program and file the written document with the State Engineer.
When sufficient money is available in the Account for Retiring Water Rights created by section 9 of this act, the Director may accept applications for the purchase and retirement of vested or certificated groundwater rights.
When sufficient money is available in the Account for Retiring Water Rights created by section 9 of this act, the Director may accept applications for the purchase and retirement of decreed or certificated groundwater rights.
5.] The Director shall not accept donations or applications for the purchase and retirement of vested or certificated groundwater rights after June 30, 2035.
5.] The Director shall not accept donations or applications for the purchase and retirement of decreed or certificated groundwater rights after June 30, 2035.
- *AB104_R1* – 20 – Sec.
21.3.
The Conservation of Colorado River Water Act, being chapter 364, Statutes of Nevada 2021, at page 2179, is hereby amended by adding thereto a new section to be designated as section 42, immediately following section 41, to read as follows:
If the Southern Nevada Water Authority or a member agency of the Southern Nevada Water Authority charges an excessive use fee to a residential customer who exceeds thresholds on water usage, the Southern Nevada Water Authority or member agency, as applicable, may use the proceeds of the fee for programs to assist the customer, including, without limitation, programs:
1.
To repair water leaks on or appurtenant to the property of the residential customer;
2.
To pay 100 percent of the cost for a residential customer with an existing septic system to abandon the septic system and connect to a municipal water system;
3.
To plant trees in the community to combat urban heat island effects;
4.
To provide financial assistance to low-income residential customers for the payment of water bills;
or 5.
For any other purpose to protect the water supply of the community, as determined by the Southern Nevada Water Authority or member agency, as applicable.
21.3.
(Deleted by amendment.) Sec.
and (b) Consists of 20,000 square feet or more of turf.
and(b) Consists of 20,000 square feet or more of turf.
and - *AB104_R1* – 21 – (c) Not [later] less than [January 1, 2025,] 1 year before the irrigation water efficiency monitoring program is established pursuant to subsection 1, notify the owner of any parcel of property subject to the requirements of subsection 1 that he or she is required to participate in the irrigation water efficiency monitoring program by the deadline established pursuant to paragraph (b).
and (c) Not [later] less than [January 1, 2025,] 1 year before the irrigation water efficiency monitoring program is established pursuant to subsection 1, notify the owner of any parcel of property subject to the requirements of subsection 1 that he or she is required to participate in the irrigation water efficiency monitoring program by the deadline established pursuant to paragraph (b).
3.
- 83rd Session (2025) – 21 – approve an extension or waiver from:
The General Manager or his or her designee may approve an extension or waiver from:
her designee may (a) The provisions of subsection 1;
(a) The provisions of subsection 1;
(2) One representative of an organization that owns and operates a quasi-municipal well located in the Basin;
and operates a quasi-municipal well located in the Basin;s (3) One representative of an industrial or commercial user of groundwater which is located in the Basin;
(3) One representative of an industrial or commercial user of groundwater which is located in the Basin;
and (c) The Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources, or a designated representative of the Administrator, who is an ex officio nonvoting member of the Advisory Committee.
and (c) The Administrator of the Division of Environmental Protection of the State Department of Conservation and Administrator, who is an ex officio nonvoting member of the Advisory Committee.
- *AB104_R1* – 22 – 3.
3.
[If a member resigns or is otherwise unable to serve, the Board of Directors shall, not later than 90 days after the vacancy occurs, appoint a person pursuant to subsection 4 to fill the vacancy.] 4.
[If a member resigns or is otherwise unable to serve, the Board of Directors shall, not later than 90 days after the vacancy occurs, appoint a person pursuant to subsection 4 to fill the vacancy.] - 83rd Session (2025) – 22 – 4.
(a) Subparagraph (1), (2) or (3) of paragraph (a) of subsection 1, the Board of Directors shall consider recommendations solicited from a representative sampling of owners of domestic wells, persons and organizations associated with quasi-municipal wells, and industrial and commercial users of groundwater, respectively.
(a) Subparagraph (1), (2) or (3) of paragraph (a) of subsection 1, the Board of Directors shall consider recommendations solicited from a representative sampling of associated with quasi-municipal wells, and industrial and commercial users of groundwater, respectively.
4.
the management of the Basin and the protection of the aquifer in which the Basin is located, and to conduct such activities if the activities have been approved by the Board of Directors.
Develop recommendations for additional activities for the management of the Basin and the protection of the aquifer in which the Basin is located, and to conduct such activities if the activities have been approved by the Board of Directors.
or - *AB104_R1* – 23 – (b) Wells that are operated pursuant to [temporary] revocable permits, who are required by the State Engineer to connect the real property to a public water system pursuant to NRS 534.120.
or (b) Wells that are operated pursuant to [temporary] revocable permits, who are required by the State Engineer to connect the real property to a public water system pursuant to NRS 534.120.
plugging wells on the real property of persons who are required by the State Engineer to connect the real property to a public water system pursuant to NRS 534.120.
- 83rd Session (2025) – 23 – 6.
7.
Pay the costs associated with abandoning and plugging wells on the real property of persons who are required by the State Engineer to connect the real property to a public water system pursuant to NRS 534.120.
Perform such other duties as are necessary for the Southern Nevada Water Authority and the Advisory Committee to carry out the provisions of this act.
Southern Nevada Water Authority and the Advisoryry for the Committee to carry out the provisions of this act.
Sections 9, 11, 12 and 14 of this act expire by limitation on June 30, 2035.
Sections 9, 11 and 12 of this act expire by limitation on June 30, 2035.
H - *AB104_R1*
~~~~~ 25 - 83rd Session (2025)
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 226.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 628 concurred in. To enrollment.

  4. In Assembly.

  5. From printer. To re-engrossment. Re-engrossed. Second reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  6. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 628.) To printer.

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

  8. From printer. To engrossment. Engrossed. First reprint. To Senate.

  9. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 42, Nays: None.) To printer.

  10. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 523.) Dispensed with reprinting.

  11. Notice of eligibility for exemption.

  12. Read first time. To committee.

  13. From printer.

  14. Prefiled. 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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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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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AB 104 is sponsored by Assembly Committee on Natural Resources.
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This bill has been enacted into law. Introduced January 17, 2025. Enacted.
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