Nevada 2025 Regular Session Status: In Committee

AB 9 — Revises provisions relating to water. (BDR 48-391)

Last action — (No further action taken.)

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

This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

214 added · 31 removed

Plain-language change summary

The recent amendments to Bill AB 9 change the maximum duration for temporarily converting agricultural water rights from 10 years down to 5 years. Additionally, it adds conditions under which the State Engineer can deny or limit applications for these temporary conversions. This matters because it aims to ensure that agricultural water rights are used responsibly and that there is accountability in how water resources are managed, particularly in maintaining their availability for future agricultural use. Overall, these changes reflect a trend towards more sustainable water management practices.

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A.B.
(Reprinted with amendments adopted on April 14, 2025) FIRST REPRINT A.B.
9–COMMITTEE ON N ATURAL R ESOURCES (O N BEHALF OF THE JOINT NTERIM STANDING COMMITTEE ON N ATURAL RESOURCES ) PREFILED O CTOBER 29, 2024 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions governing the temporary conversion of agricultural water.
9–COMMITTEE ON N ATURAL R ESOURCES (O N BEHALF OF THE JOINT NTERIM S TANDING COMMITTEE ON N ATURAL RESOURCES ) PREFILED O CTOBER 29, 2024 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions relating to water.
providing an exception to provisions relating to the forfeiture and abandonment of a water right;
Under existing law, a person or entity may apply to temporarily convert agricultural water rights for wildlife purposes or to improve the quality or flow of water for a duration not to exceed 3 years and a temporary conversion may be This bill instead provides that a temporary conversion of agricultural water rights may not exceed 10 years in duration and may be extended in increments that may not exceed 5 years in duration each.
Under existing law, a person or entity may apply to temporarily convert agricultural water rights for wildlife purposes or to improve the quality or flow of water for a duration not to exceed 3 years and a temporary conversion may be extended in increments not to exceed 3 years in duration each.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(NRS 533.0243) Section 1 of this bill instead provides that a temporary conversion of agricultural that may not exceed 5 years in duration each.
Section 1:
(1) authorizes the State Engineer to deny an application to temporarily convert an agricultural water right or limit the duration of a temporary conversion or an extension of a temporary conversion;
and (2) prohibits the State Engineer from approving an application for a temporary conversion under certain circumstances.
Section 1 further provides that upon the expiration of a temporary conversion, the agricultural water right must revert to the previous beneficial use.
the owner of a water right that the owner has 1 year after the date of the notice to:
(1) use the water right beneficially and provide proof of such use to the State Engineer;
or (2) apply to the State Engineer for an extension of time to work a forfeiture of the water right.
If, after 1 year of the date of the notice, the owner fails to act, the State Engineer is required to declare the right forfeited.
Existing law also provides that a right to use underground water may be lost by abandonment under - *AB9_R1* – 2 – certain circumstances.
(NRS 534.090) Section 2 of this bill provides that these which are subject to certain federal or state programs.t apply to water rights THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
The Legislature hereby finds and declares that it is the policy of this State to allow the temporary conversion of agricultural water rights for wildlife purposes or to improve the quality or flow of water.
[The Legislature hereby finds and declares that it is the policy of this State to allow] Except as otherwise provided in subsection 3, the State Engineer may authorize the temporary conversion of agricultural water rights for wildlife purposes or to improve the quality , quantity or flow of water [.] in accordance with the provisions of this section.
- *AB9* – 2 – 2.
2.
If a person or entity proposes to temporarily convert agricultural water rights for wildlife purposes or to improve the quality or flow of water, such temporary conversion:
If a person or entity proposes to temporarily convert agricultural water rights [for wildlife purposes or to improve the quality or flow of water,] pursuant to this section, such temporary conversion:
(a) Must not be carried out unless the person or entity first permits or approvals required pursuant to:gineer any necessary (1) The provisions of this chapter;
(a) Must not be carried out unless the person or entity first applies for and receives from the State Engineer any necessary permits or approvals required pursuant to:
(1) The provisions of this chapter;
(b) Except as otherwise provided in this paragraph, must not exceed [3] 10 years in duration.
(b) [Except as otherwise provided in this paragraph, must] Must not exceed [3] 5 years in duration [.
A temporary conversion of agricultural water rights for wildlife purposes or to improve the quality or flow of water may be extended in increments not to exceed [3] 5 years in duration each, provided that the person or entity seeking the extension first applies for and receives from the State Engineer any necessary permits or approvals, as described in paragraph (a).
A temporary conversion of agricultural water rights for wildlife purposes or to improve the quality or flow of water] and may be extended in increments not to exceed [3] 5 years in duration each, provided that the person or entity seeking the extension first applies for and receives from the State Engineer any necessary permits or approvals, as described in paragraph (a).
H - *AB9*
3.
The State Engineer:
(a) May deny an application to temporarily convert an agricultural water right received pursuant to subsection 2 or limit the temporary conversion or extension of the temporary conversion to any duration of less than 5 years if the State Engineer determines that the temporary conversion or duration of the temporary conversion would not meet the purposes set forth in subsection 1 or would not otherwise be in the public interest;
and (b) Shall not approve an application to temporarily convert an agricultural water right if the water right is a groundwater right and the owner has received notice from the State Engineer - *AB9_R1* – 3 – pursuant to subsection 2 of NRS 534.090 indicating 4 or more consecutive years of nonuse.
4.
If the State Engineer authorizes the temporary conversion of an agricultural water right pursuant to this section, the temporarily converted water right:
(a) Must not be considered a beneficial use for the purpose of perfecting the water right or proving that beneficial use of the water right has resumed;
(b) Must not be claimed or considered a consumptive use for the purposes of NRS 533.3703;
(c) Remains subject to the provisions of NRS 534.037 and any groundwater management plan or modification thereto;
and (d) Remains subject to any order of the State Engineer requiring that withdrawals be restricted to conform to priority rights.
5.
Upon the expiration of the temporary conversion and any extension granted pursuant to subsection 2, an agricultural water right that is temporarily converted must revert to the existing beneficial use of the agricultural water right before the water right was temporarily converted.
Sec.
2.
NRS 534.090 is hereby amended to read as follows:
534.090 1.
Except as otherwise provided in this section, failure for 5 successive years after April 15, 1967, on the part of the holder of any right, whether it is an adjudicated right, an unadjudicated right or a right for which a certificate has been issued pursuant to NRS 533.425, and further whether the right is initiated after or before March 25, 1939, to use beneficially all or any part of the underground water for the purpose for which the right is acquired or claimed, works a forfeiture of both undetermined rights and determined rights to the use of that water to the extent of the nonuse.
2.
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If the records of the State Engineer or any other documents obtained by or provided to the State Engineer indicate 4 or more consecutive years of nonuse of all or any part of a water right which is governed by this chapter:
(a) The State Engineer shall notify the owner of the water right, as determined in the records of the Office of the State Engineer, by registered or certified mail of the nonuse and that the owner has 1 year after the date of the notice of nonuse in which to use the water right beneficially and to provide proof of such use to the State Engineer or apply for relief pursuant to subsection 3 to avoid forfeiting the water right.
(b) If, after 1 year after the date of the notice of nonuse pursuant to paragraph (a), proof of resumption of beneficial use is not filed in the Office of the State Engineer, the State Engineer shall, unless the - *AB9_R1* – 4 – State Engineer has granted a request to extend the time necessary to work a forfeiture of the water right, send a final notice to the owner of the water right, as determined in the records of the Office of the State Engineer, by registered or certified mail, that the water right is held for forfeiture.
If the owner of the water right, within 30 days after the date of such final notice, fails to file the required proof of resumption of beneficial use or an application for an extension of time to prevent forfeiture, the State Engineer shall declare the right, or the portion of the right not returned to beneficial use, forfeited.
The State Engineer shall send notice of the declaration of forfeiture, by registered or certified mail, to the owner of record, as determined in the records of the Office of the State Engineer, of the water right that has been declared forfeited.
(c) If, after receipt of a notice of the declaration of forfeiture pursuant to paragraph (b), the owner of record of the water right fails to appeal the ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the forfeiture becomes final.
Upon the forfeiture of the water right, the water reverts to the public and is available for further appropriation, subject to existing rights.
3.
The State Engineer may, upon the request of the holder of any right described in subsection 1, extend the time necessary to work a forfeiture under subsection 2 if the request is made before the expiration of the time necessary to work a forfeiture.
Except as otherwise provided in subsection 4, the State Engineer may grant, upon request and for good cause shown, any number of extensions, but a single extension must not exceed 1 year.
In determining whether to grant or deny a request, the State Engineer shall, among other reasons, consider:
(a) Whether the holder has submitted proof and evidence that the holder is proceeding in good faith and with reasonable diligence to resume use of the water beneficially for the purpose for which the holder’s right is acquired or claimed;
(b) The number of years during which the water has not been put to the beneficial use for which the right is acquired or claimed;
(c) Any economic conditions or natural disasters which made the holder unable to put the water to that use;
(d) Whether the water right is located in a basin within a county under a declaration of drought by the Governor, United States Secretary of Agriculture or the President of the United States;
(e) Whether the holder has demonstrated efforts to conserve water which have resulted in a reduction in water consumption;
(f) Whether the water right is located in a basin that has been designated as a critical management area by the State Engineer pursuant to subsection 7 of NRS 534.110;
- *AB9_R1* – 5 – (g) The date of priority of the water right as it relates to the potential curtailment of water use in the basin;
(h) The availability of water in the basin, including, without limitation, whether withdrawals of water consistently exceed the perennial yield of the basin;
and (i) Any orders restricting use or appropriation of water in the basin.
 The State Engineer shall notify, by registered or certified mail, the owner of the water right, as determined in the records of the Office of the State Engineer, of whether the State Engineer has granted or denied the holder’s request for an extension pursuant to this subsection.
If the State Engineer grants an extension pursuant to this subsection and, before the expiration of that extension, proof of resumption of beneficial use or another request for an extension is not filed in the Office of the State Engineer, the State Engineer shall send a final notice to the owner of the water right, by registered or certified mail, that the water right will be declared forfeited if the owner of the water right fails to file the required proof of resumption of beneficial use or an application for an extension of time to prevent forfeiture within 30 days after the date of the final notice.
If the owner of the water right fails to file the required proof of resumption of beneficial use or an application for an extension of time to prevent forfeiture within 30 days after the date of such final notice, the State Engineer shall declare the water right, or the portion of the right not returned to beneficial use, forfeited.
4.
If the State Engineer grants an extension pursuant to subsection 1 in a basin:
(a) Where withdrawals of groundwater consistently exceed the perennial yield of the basin;
or (b) That has been designated as a critical management area by the State Engineer pursuant to subsection 7 of NRS 534.110,  a single extension must not exceed 3 years, but any number of extensions may be granted to the holder of such a right.
5.
The failure to receive a notice pursuant to subsection 2 or 3 does not nullify the forfeiture or extend the time necessary to work the forfeiture of a water right.
6.
A right to use underground water whether it is vested or otherwise may be lost by abandonment.
If the State Engineer, in investigating a groundwater source, upon which there has been a prior right, for the purpose of acting upon an application to appropriate water from the same source, is of the belief from his or her examination that an abandonment has taken place, the State Engineer shall so state in the ruling approving the application.
If, upon notice by registered or certified mail to the owner of record who had the prior right, the owner of record of the prior right fails to - *AB9_R1* – 6 – appeal the ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the alleged abandonment declaration as set forth by the State Engineer becomes final.
7.
The provisions of this section do not apply to a water right which is subject to:
(a) A contract or agreement entered into in accordance with an official federal program for the conservation of land or water;
or administered by an agency of this State.rvation of water that is H - *AB9_R1*
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Amendments

1 amendment

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Action History

  1. (No further action taken.)

  2. From printer. To engrossment. Engrossed. First reprint. Notice of eligibility for exemption. Taken from General File. Rereferred to Committee on Ways and Means. Exemption effective. To committee.

  3. Read second time. Amended. (Amend. No. 49.) To printer.

  4. From committee: Amend, and do pass as amended.

  5. Read first time. To committee.

  6. From printer.

  7. 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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Frequently asked questions

Who sponsors AB 9?
AB 9 is sponsored by Assembly Committee on Natural Resources.
What is the current status of AB 9?
This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 9?
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