[Rev. 11/22/2013 3:25:52 PM--2013]

WESTERN REGIONAL WATER COMMISSION ACT

Chapter 531, Statutes of Nevada 2007

AN ACT relating to water; providing for the regional management and conservation of water resources in certain portions of Washoe County; creating the Western Regional Water Commission; setting forth the powers and duties of the Western Regional Water Commission; creating the Northern Nevada Water Planning Commission to advise and assist the Western Regional Water Commission; repealing certain provisions relating to regional planning and management of water in certain counties; and providing other matters properly relating thereto.

[Approved: June 14, 2007]

(Leadlines for sections have been supplied by the Legislative Counsel of the State of Nevada)

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

      Sec. 3.  Short title.  Sections 3 to 56, inclusive, of this act may be cited as the Western Regional Water Commission Act.

      (Ch. 531, Stats. 2007 p. 3287)

      Sec. 4.  Legislative findings and declarations.

      1.  The Legislature hereby finds that:

      (a) The provisions of section 22 of this act describe a hydrologically unique area which is distinguished by the presence of Lake Tahoe and the Truckee River, a water system which is governed by a unique combination of state and federal law, by federal decree and by the Truckee River Operating Agreement; and

      (b) The unique hydrological conditions of the area described in section 22 of this act and the complex legal framework governing the use of water within that area are special circumstances and conditions to which a general law cannot be made applicable and necessitate this special act which provides for a special structure for the coordinated planning and management of water resources in that area.

      2.  It is hereby declared as a matter of legislative determination that:

      (a) The organization of the Western Regional Water Commission having the purposes, powers, rights, privileges and immunities provided in this act will serve a public use and will promote the general welfare by facilitating unified and cooperative efforts to secure and develop additional water supplies, maintain and cooperatively establish policies for managing existing water resources and water supplies, provide for integrated regional water resources and management of water supplies, provide for integration of efforts to manage storm water, provide for protection of watersheds and provide for regional conservation efforts, subject to and in accordance with the Truckee River Operating Agreement.

      (b) The planning for the acquisition, development, management and conservation of regional water supplies and any associated facilities by the Regional Water Commission is for a public and governmental purpose and a matter of public necessity.

      (c) The geographical boundaries of the Regional Water Commission are within the area described in section 22 of this act.

      (d) The Regional Water Commission shall, in carrying out the provisions of this act:

             (1) Make full use of any available resources for sustainability, economic viability and maintenance of environmental values;

             (2) Communicate the decisions and policies of the Regional Water Commission in an effective manner;

             (3) Provide for a centralized system of decision making;

             (4) Facilitate the effective coordination of land use and resource planning;

             (5) Facilitate the effective and efficient planning, management and operation of facilities; and

             (6) Plan for the effective stewardship of water resources, including, without limitation, ensuring the quantity and quality of surface water and groundwater and the control point and nonpoint sources of pollution.

      (e) For the accomplishment of the purposes stated in this subsection, the provisions of this act shall be broadly construed.

      (Ch. 531, Stats. 2007 p. 3287)

      Sec. 5.  Definitions.  As used in this act, unless the context otherwise requires, the words and terms defined in sections 6 to 21, inclusive, of this act have the meanings ascribed to them in those sections.

      (Ch. 531, Stats. 2007 p. 3288)

      Sec. 6.  “Board of Trustees” or “Board” defined.  “Board of Trustees” or “Board” means the Board of Trustees of the Regional Water Commission.

      (Ch. 531, Stats. 2007 p. 3288)

      Sec. 7.  “City of Reno” defined.  “City of Reno” means the municipal corporation in Washoe County, created and existing pursuant to the provisions of chapter 662, Statutes of Nevada 1971, as amended.

      (Ch. 531, Stats. 2007 p. 3288)

      Sec. 8.  “City of Sparks” defined.  “City of Sparks” means the municipal corporation in Washoe County, created and existing pursuant to the provisions of chapter 470, Statutes of Nevada 1975, as amended.

      (Ch. 531, Stats. 2007 p. 3288)

      Sec. 9.  “Comprehensive Plan” defined.  “Comprehensive Plan” means the plan developed pursuant to sections 34 to 52, inclusive, of this act.

      (Ch. 531, Stats. 2007 p. 3288)

      Sec. 10.  “Division” defined.  “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      (Ch. 531, Stats. 2007 p. 3288)

      Sec. 11.  “Facilities” defined.  “Facilities” means any facility necessary for the beneficial use of water supplies, including, without limitation, any diversion, dam, reservoir, other water storage facility for the water supplies, water conveyance, well, pump, treatment facility, storage tank, pipe, turnout and any other facility required to provide water services or to provide for the conservation of water or enhanced control of floods.

      (Ch. 531, Stats. 2007 p. 3288)

      Sec. 12.  “Planning area” defined.  “Planning area” means the area described in section 22 of this act.

      (Ch. 531, Stats. 2007 p. 3288)

      Sec. 13.  “Public purveyor” defined.  “Public purveyor” means:

      1.  The Truckee Meadows Water Authority, or its successor;

      2.  The Washoe County Department of Water Resources, or its successor;

      3.  The South Truckee Meadows General Improvement District, or its successor;

      4.  The Sun Valley General Improvement District, or its successor; or

      5.  Any other governmental entity engaged in the retail delivery of potable water in the planning area.

      (Ch. 531, Stats. 2007 p. 3288)

      Sec. 14.  “Regional Water Commission” defined.  “Regional Water Commission” means the Western Regional Water Commission created pursuant to section 23 of this act.

      (Ch. 531, Stats. 2007 p. 3288)

      Sec. 15.  “Truckee Meadows Water Authority” defined.  “Truckee Meadows Water Authority” means the political subdivision of the State of Nevada created by a cooperative agreement effective December 4, 2000, pursuant to the provisions of NRS 277.080 to 277.180, inclusive.

      (Ch. 531, Stats. 2007 p. 3288)

      Sec. 16.  “Truckee River Operating Agreement” defined.  “Truckee River Operating Agreement” means all agreements relating to the implementation of Public Law 101-618, 104 Stat. 3324, as amended, including, without limitation, the Operating Agreement referenced in section 205(a) of Public Law 101-618, 104 Stat. 3324, as amended, whether entered into before, on or after April 1, 2008, to which the Truckee Meadows Water Authority, its predecessor or its successor, if any, is a party.

      (Ch. 531, Stats. 2007 p. 3288)

      Sec. 17.  “Washoe County” defined.  “Washoe County” means the county created by and described in NRS 243.340.

      (Ch. 531, Stats. 2007 p. 3288)

      Sec. 18.  “Water Planning Commission” defined.  “Water Planning Commission” means the Northern Nevada Water Planning Commission created pursuant to section 36 of this act.

      (Ch. 531, Stats. 2007 p. 3289)

      Sec. 19.  “Water Quality Settlement Agreement” defined.  “Water Quality Settlement Agreement” means the Agreement entered into on October 10, 1996, by the City of Reno, the City of Sparks, Washoe County, the United States Department of the Interior, the United States Department of Justice, the United States Environmental Protection Agency, the Division and the Pyramid Lake Paiute Tribe, and any agreements entered into to implement that Agreement including, without limitation, any applicable provisions of the Truckee River Operating Agreement.

      (Ch. 531, Stats. 2007 p. 3289)

      Sec. 20.  “Water right” defined.  “Water right” means any entitlement to the beneficial use of surface water or groundwater supplies, including, without limitation, an entitlement that exists by contract, by interest in real property, by decree or by rights granted or recognized by the State of Nevada, the State of California or any other governmental agency.

      (Ch. 531, Stats. 2007 p. 3289)

      Sec. 21.  “Water supplies” defined.  “Water supplies” means surface water, groundwater, wastewater or effluent capable of being put to beneficial use.

      (Ch. 531, Stats. 2007 p. 3289)

      Sec. 22.  Planning area: Boundaries; exclusions; exceptions. [Effective through September 30, 2015, and after that date if: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) by September 30, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan, or effective through September 30, 2017, if those events have not taken place by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future, and effective after September 30, 2017, if those events take place by September 30, 2017.]

      1.  The planning area in which plans for the use, management and conservation of water are to be made, pursuant to this act, is the entire area within the boundaries of Washoe County except:

      (a) Any land within the region defined by NRS 277.200, the Tahoe Regional Planning Compact;

      (b) Land located within any Indian reservation or Indian colony which is held in trust by the United States;

      (c) Land located within the Gerlach General Improvement District or its successor created pursuant to chapter 318 of NRS;

      (d) Land located within the following administrative groundwater basins established by the United States Geological Survey and the Division of Water Resources of the State Department of Conservation and Natural Resources:

             (1) Basin 22 (San Emidio Desert);

             (2) Basin 23 (Granite Basin); and

             (3) Basin 24 (Hualapai Flat); and

      (e) Any land excluded by the Board pursuant to subsection 2 and not otherwise included pursuant to subsection 3.

      2.  The Board may exclude from the planning area any land which it determines is unsuitable for inclusion because of its remoteness from the water supplies which are the subject of the Comprehensive Plan or because it lies within a separate hydrologic basin neither affecting nor affected by conditions within the remainder of the planning area.

      3.  The Board may include within the planning area any land otherwise excluded pursuant to subsection 2 if it finds that the land requires alleviation of the effect of flooding or drainage of storm waters or requires another benefit from planning or management performed in the planning area.

      (Ch. 531, Stats. 2007 p. 3289)

      Sec. 22.  Planning area: Boundaries; exclusions; exceptions. [Effective October 1, 2015, unless: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) before October 1, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan, effective October 1, 2017, if those events have not taken place by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017.]

      1.  The planning area in which plans for the use, management and conservation of water are to be made, pursuant to this act, is the entire area within the boundaries of Washoe County except:

      (a) Any land within the region defined by NRS 278.790;

      (b) Land located within any Indian reservation or Indian colony which is held in trust by the United States;

      (c) Land located within the Gerlach General Improvement District or its successor created pursuant to chapter 318 of NRS;

      (d) Land located within the following administrative groundwater basins established by the United States Geological Survey and the Division of Water Resources of the State Department of Conservation and Natural Resources:

             (1) Basin 22 (San Emidio Desert);

             (2) Basin 23 (Granite Basin); and

             (3) Basin 24 (Hualapai Flat); and

      (e) Any land excluded by the Board pursuant to subsection 2 and not otherwise included pursuant to subsection 3.

      2.  The Board may exclude from the planning area any land which it determines is unsuitable for inclusion because of its remoteness from the water supplies which are the subject of the Comprehensive Plan or because it lies within a separate hydrologic basin neither affecting nor affected by conditions within the remainder of the planning area.

      3.  The Board may include within the planning area any land otherwise excluded pursuant to subsection 2 if it finds that the land requires alleviation of the effect of flooding or drainage of storm waters or requires another benefit from planning or management performed in the planning area.

      (Ch. 531, Stats. 2007 p. 3289; A—Ch. 530, Stats. 2011 p. 3738; Ch. 424, Stats. 2013, p. 2367, effective October 1, 2015, unless: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) before October 1, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan, or effective October 1, 2017, if those events have not taken place by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017)

      Sec. 23.  Regional Water Commission: Creation; exemption from taxation.

      1.  The Western Regional Water Commission is hereby created. The Regional Water Commission is a body corporate and politic and a municipal corporation.

      2.  The property and revenues of the Regional Water Commission, any interest of any creditor therein and any possessory interest in or right to use that property which the Regional Water Commission may grant are exempt from all state, county and municipal taxation.

      (Ch. 531, Stats. 2007 p. 3289)

      Sec. 24.  Regional Water Commission: Exercise of powers authorized by cooperative agreement.  By entering into a cooperative agreement pursuant to NRS 277.080 to 277.180, inclusive, the City of Reno, City of Sparks, Washoe County, Sun Valley General Improvement District, South Truckee Meadows General Improvement District and Truckee Meadows Water Authority may jointly authorize the Regional Water Commission to exercise such powers, privileges or authority that each of those entities may individually exercise pursuant to the laws of this State which are not inconsistent with the provisions of this act.

      (Ch. 531, Stats. 2007 p. 3290)

      Sec. 25.  Board: Composition; appointment; terms; vacancies.

      1.  The Regional Water Commission must be directed and governed by a Board of Trustees composed of the following nine members appointed pursuant to this section:

      (a) Two members of the City Council of the City of Reno;

      (b) Two members of the City Council of the City of Sparks;

      (c) Two members of the Board of County Commissioners of Washoe County;

      (d) One member representing the Truckee Meadows Water Reclamation Facility or its successor;

      (e) One member designated by the Board of Trustees of the South Truckee Meadows General Improvement District or its successor; and

      (f) One member of the Board of Trustees of the Sun Valley General Improvement District or its successor.

      2.  The City Council of the City of Reno, the City Council of the City of Sparks and the Board of County Commissioners of Washoe County shall each appoint one trustee from their membership for an initial term of 2 years.

      3.  The Board of Directors of the Truckee Meadows Water Authority or its successor shall appoint from its membership, for initial terms of 3 years:

      (a) One trustee who is a member of the City Council of the City of Reno;

      (b) One trustee who is a member of the City Council of the City of Sparks; and

      (c) One trustee who is a member of the Board of County Commissioners of Washoe County.

Ê The trustees appointed pursuant to this subsection must be different persons than those appointed pursuant to subsection 2.

      4.  The Board of Trustees of the Sun Valley General Improvement District or its successor and the Board of Trustees of the South Truckee Meadows General Improvement District or its successor shall each appoint one trustee for an initial term of 3 years.

      5.  The owners of the Truckee Meadows Water Reclamation Facility or its successor shall jointly appoint one trustee for an initial term of 2 years.

      6.  After the initial terms, each trustee who is appointed to the Board serves for a term of 2 years. A trustee may be reappointed.

      7.  All trustees must be elected officials. No trustee may serve beyond his or her term of office.

      8.  The position of a trustee must be considered vacated upon the trustee’s loss of any of the qualifications required for his or her appointment, and in such event, the appointing authority shall appoint a successor to fill the remainder of the unexpired term.

      9.  For the purpose of this section, the Mayor of the City of Sparks shall be deemed to be a member of the City Council of the City of Sparks.

      (Ch. 531, Stats. 2007 p. 3290; A—Ch. 184, Stats. 2009 p. 672)

      Sec. 26.  Board: Oath; bond.  Each member of the Board shall file with the County Clerk of Washoe County:

      1.  His or her oath of office.

      2.  A corporate surety bond furnished at the Regional Water Commission’s expense, in an amount not to exceed $5,000, and conditioned for the faithful performance of his or her duties as a member of the Board.

      (Ch. 531, Stats. 2007 p. 3290)

      Sec. 27.  Board: Election, terms and duties of officers.

      1.  The Board shall elect one of its members as Chair and one of its members as Vice Chair, and shall elect a Secretary and a Treasurer, who may be members of the Board. The Secretary and the Treasurer may be the same person. The terms of the officers expire on December 31 of each year.

      2.  The Secretary shall keep audio recordings or transcripts of all meetings of the Board and, in a well-bound book, a record of all the proceedings of the Board, minutes of all meetings, certificates, contracts, bonds given by employees and all other acts of the Board. Except as otherwise provided in NRS 241.035, the minute book, audio recordings, transcripts and records must be open to the inspection of all interested persons, at all reasonable times and places. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.

      3.  The Treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the Board and the Regional Water Commission.

      (Ch. 531, Stats. 2007 p. 3291; A—Ch. 98, Stats. 2013 p. 340)

      Sec. 28.  Board: Meetings; quorum.

      1.  The Board shall meet regularly at a time and in a place to be designated by the Board. The Board shall provide for the calling of a special meeting when action is required before a regular meeting would occur.

      2.  Except as otherwise provided in this subsection, a majority of the members of the Board constitutes a quorum at any meeting. Each motion and resolution of the Board must be adopted by at least a majority of the members present at the meeting.

      (Ch. 531, Stats. 2007 p. 3291)

      Sec. 29.  Regional Water Commission: Public employer; applicability of provisions governing employees’ retirement.  The Regional Water Commission is a public employer within the meaning of NRS 286.070, and the provisions of chapter 286 of NRS apply to the Regional Water Commission and its employees.

      (Ch. 531, Stats. 2007 p. 3291)

      Sec. 30.  Regional Water Commission: Powers.  The Regional Water Commission may do all things necessary to accomplish the purposes of this act. The Regional Water Commission has perpetual succession and, except as otherwise provided in section 33 of this act, has the following powers to:

      1.  Sue and be sued.

      2.  Enter into agreements with Washoe County, the Cities of Reno and Sparks, and any public purveyor.

      3.  Prepare, adopt, update and oversee the implementation of the Comprehensive Plan pursuant to sections 34 to 52, inclusive, of this act.

      4.  Plan for the implementation of a mechanism for:

      (a) Scheduling the delivery of water supplies held by public purveyors to maximize the yield of regional water supplies and facilitate the cooperative administration of regional water conveyance and treatment facilities for the benefit of the public purveyors.

      (b) Maximizing conjunctive use by the public purveyors. As used in this paragraph, “conjunctive use” means the combined use of surface water and groundwater systems to optimize resource use.

      5.  Prepare, adopt and update a water conservation plan for the use of municipal, industrial and domestic water supplies within the planning area, and make recommendations for water conservation agreements among water purveyors and local governmental entities.

      6.  Study and recommend to the Board of County Commissioners of Washoe County, the City Council of the City of Reno and the City Council of the City of Sparks ordinances for the implementation of a water conservation plan adopted pursuant to subsection 5 and the Comprehensive Plan.

      7.  Contract with public purveyors or any other public entity for the provision of services to or by the Regional Water Commission and, in the performance of its functions, use the officers, agents, employees, services, facilities, records and equipment of any public purveyor, Washoe County, the City of Reno or the City of Sparks, with the consent of the respective public purveyor or governmental entity, and subject to such terms and conditions as may be agreed upon.

      8.  Employ or contract with such persons as it deems necessary and hire and retain officers, agents and employees, including fiscal advisers, engineers, attorneys or other professional or specialized personnel.

      9.  Seek, apply for and otherwise solicit and receive from any source, public or private, such contributions, gifts, grants, devises and bequests of money and personal property, or any combination thereof, as the Regional Water Commission determines is necessary or convenient for the exercise of any of its powers.

      10.  Participate with relevant agencies of the United States, the State of Nevada and other entities on issues concerning the supply of water.

      11.  Adopt such rules and regulations for the conduct of the affairs of the Regional Water Commission or of the Board as the Board may deem necessary or desirable.

      12.  Perform such other functions conferred on the Regional Water Commission by the provisions of this act.

      (Ch. 531, Stats. 2007 p. 3291)

      Sec. 31.  Board: Authority to develop plan for establishment of service territories within planning area.  The Board may develop a plan for the establishment of service territories within the planning area in which the public purveyors and all systems for the supply of water which are controlled or operated by the public purveyors may, on and after April 1, 2008, provide new retail or wholesale water services to new customers. A plan developed pursuant to this section does not apply to any public purveyor unless each public purveyor agrees to the provisions of the plan. The provisions of this section do not affect the ability of public purveyors to continue to provide retail and wholesale water services to customers who received that type of service before April 1, 2008, or pursuant to agreements for water service existing before April 1, 2008. In developing the plan, the Board shall:

      1.  Seek to ensure the coordination of the delivery of water at the lowest reasonable cost, considering all the facilities, improvement and operations required to provide that water as measured by the net present value of those facilities, improvements and operations existing at the time of the determination, generally using current dollars;

      2.  Seek to ensure that existing or future customers are not affected inequitably;

      3.  Seek to provide for the most effective management, development and integration of systems for the efficient use of water supplies and associated facilities; and

      4.  Consider:

      (a) Any specific planning conducted by public purveyors before April 1, 2008, for existing or new customers;

      (b) The topography of the service territories and the readiness and ability of public purveyors to serve customers with existing facilities;

      (c) Any policies for land use that affect the service territories; and

      (d) The rate of growth within the service territories projected over a reasonable period.

      (Ch. 531, Stats. 2007 p. 3292)

      Sec. 32.  Board: Necessary, incidental and implied powers.  The Board has and may exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this act. Such specific powers are not a limitation upon any power necessary or appropriate to carry out the purposes and intent of this act.

      (Ch. 531, Stats. 2007 p. 3293)

      Sec. 33.  Effect of act on certain agreements.  Notwithstanding the provisions of this act, the Truckee Meadows Water Authority or its successor is and shall remain the entity with the sole and exclusive power and authority to negotiate and execute and to implement its obligations under the Truckee River Operating Agreement, as the successor in interest to Sierra Pacific Power Company. All water supplies provided or available to the Truckee Meadows Water Authority or its successor pursuant to the Truckee River Operating Agreement must be considered as acquired before April 1, 2008, and must be managed, scheduled and operated in accordance with that Agreement. Nothing in this act alters the rights and obligations of the Water Quality Settlement Agreement, and all water supplies must be managed, scheduled and operated in accordance with the Water Quality Settlement Agreement.

      (Ch. 531, Stats. 2007 p. 3293)

      Sec. 34.  Board: Additional powers regarding water management.  The Board may, upon the recommendation of the Water Planning Commission:

      1.  Adopt and revise the Comprehensive Plan;

      2.  Make recommendations concerning methods for conserving existing water supplies which are consistent with any other plans required by law;

      3.  Make recommendations concerning methods of collecting and treating sewage to protect and conserve water supplies;

      4.  Provide information to members of the public regarding present and potential uses of water; and

      5.  Make recommendations concerning the management and use of water within the planning area to:

      (a) The governing body and the Planning Commission of Washoe County and the Cities of Reno and Sparks;

      (b) The Governing Board for Regional Planning and the Regional Planning Commission established in Washoe County pursuant to NRS 278.0264 and 278.0262, respectively;

      (c) The State Engineer;

      (d) The Federal Government; and

      (e) Such other entities as the Board deems appropriate.

      (Ch. 531, Stats. 2007 p. 3293)

      Sec. 35.  Board: Authority to impose fee to fund planning, administration and implementation of Comprehensive Plan; limitations; requirements; billing.

      1.  To fund the planning and administration required by this act and the implementation of the Comprehensive Plan, the Board may impose a fee at a rate not to exceed 1.5 percent of the amount otherwise billed, to be collected by each public purveyor and supplier of water from customers within the planning area. If the Board determines to impose such a fee, the Board must impose the fee by resolution after holding a hearing.

      2.  A public purveyor or supplier of water must state separately on its billings to customers the amount charged as a result of any fee imposed pursuant to subsection 1.

      (Ch. 531, Stats. 2007 p. 3293)

      Sec. 36.  Water Planning Commission: Creation; composition; appointment, terms and vacancies of voting members.

      1.  The Northern Nevada Water Planning Commission is hereby created in the planning area. The Water Planning Commission must consist of the following voting members who are residents of Nevada:

      (a) The Director of Public Works for the City of Reno, or his or her designee;

      (b) The Director of Public Works for the City of Sparks, or his or her designee;

      (c) The Director of Water Resources for Washoe County, or his or her designee;

      (d) A member of the South Truckee Meadows General Improvement District or its successor;

      (e) The General Manager of the Sun Valley General Improvement District or its successor, or his or her designee;

      (f) The General Manager of the Truckee Meadows Water Authority or its successor, or his or her designee;

      (g) The General Manager of the Truckee Meadows Wastewater Reclamation Facility or its successor, or his or her designee;

      (h) One member appointed by the governing body of the Indian reservation which is the largest in area and contiguous to the planning area;

      (i) One member of the public at large appointed by the Board to represent environmental, biological, conservation or public concerns;

      (j) One member appointed by the Board to represent owners of domestic wells;

      (k) One member appointed by the Board of Directors of the Washoe County Water Conservation District or its successor; and

      (l) Such additional members with expertise in any area that the Board determines is necessary, appointed by the Board.

Ê The terms of the ex officio members described in paragraphs (a) to (g), inclusive, are concurrent with the employment of those members in the respective positions specified in those paragraphs. The members appointed pursuant to paragraphs (h) to (l), inclusive, serve initial terms of 2 years.

      2.  After the initial terms, the term of office of each member appointed pursuant to paragraphs (h) to (l), inclusive, of subsection 1 is 3 years. A member may be reappointed. A vacancy must be filled for the unexpired term by the appointing entity.

      (Ch. 531, Stats. 2007 p. 3293; A—Ch. 184, Stats. 2009 p. 673)

      Sec. 37.  Water Planning Commission: Appointment of nonvoting members.  In addition to the voting members, the Water Planning Commission includes the following nonvoting members:

      1.  One member appointed by the Public Utilities Commission of Nevada;

      2.  One member appointed by the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General;

      3.  One member appointed by the Administrator of the Division;

      4.  One member appointed by the State Engineer;

      5.  One member appointed by the Chief of the Water Planning Section of the Division of Water Resources of the State Department of Conservation and Natural Resources;

      6.  One member appointed by the board of directors of the water conservancy district which is largest in area in the planning area;

      7.  One member appointed by the county or district board of health;

      8.  One member of the public at large appointed by the affirmative vote of a majority of the voting members; and

      9.  Additional members with expertise in an area that the majority of the voting members determines is necessary, appointed by the affirmative vote of a majority of the voting members.

      (Ch. 531, Stats. 2007 p. 3294)

      Sec. 38.  Water Planning Commission: Qualifications of certain voting members; restrictions on holding certain elective offices.  The members of the Water Planning Commission appointed pursuant to paragraphs (h) to (l), inclusive, of subsection 1 of section 36 of this act or any alternative designees appointed pursuant to paragraphs (a) to (g), inclusive, of subsection 1 of section 36 of this act may not hold any elective governmental office but may be engaged or employed in private enterprise or be employees of state or local government, and each member must be qualified pursuant to at least one of the following subsections:

      1.  A professional engineer licensed pursuant to the provisions of chapter 625 of NRS;

      2.  Experienced in comprehensive planning, natural resources or environmental protection;

      3.  A specialist in hydrologic science;

      4.  Experienced in law, management or planning related to water;

      5.  Experienced in municipal finance or resource economics;

      6.  Experienced in construction, planning or operation of facilities or systems for supplying or treating water, for collecting or treating sewage, for drainage of storm water or for control of floods; or

      7.  Knowledgeable in the areas of water conservation, biology, natural systems, water quality and water management.

      (Ch. 531, Stats. 2007 p. 3295)

      Sec. 39.  Water Planning Commission: Chair.  The Water Planning Commission shall establish a schedule for the selection of its Chair for a term of 1 year, in rotation, from among the members.

      (Ch. 531, Stats. 2007 p. 3295)

      Sec. 40.  Water Planning Commission: Meetings; quorum; restrictions on compensation.

      1.  The Water Planning Commission shall meet at the call of the Chair or any three members. The Water Planning Commission shall establish a schedule of regular meetings and provide for the calling of a special meeting when action is required before a regular meeting would occur.

      2.  A quorum consists of a majority of the members. The affirmative vote of a majority of the members present is required to take action, unless a larger proportion is required by this act for a particular action.

      3.  A member of the Water Planning Commission is not entitled to compensation for his or her services as a member.

      (Ch. 531, Stats. 2007 p. 3295)

      Sec. 41.  Duty of Water Planning Commission to develop Comprehensive Plan; contents and requirements; recommendations to Board.

      1.  The Water Planning Commission shall develop, and as necessary recommend revisions to, a Comprehensive Plan for the planning area covering the supply of municipal and industrial water, quality of water, sanitary sewerage, treatment of sewage, drainage of storm waters and control of floods. The initial Comprehensive Plan must be developed on or before January 1, 2011. The provisions of the comprehensive plan developed and revised pursuant to the former provisions of NRS 540A.130 before April 1, 2008, remain in effect until the Board adopts the initial Comprehensive Plan.

      2.  The Comprehensive Plan must consist of written text, appropriate maps and goals and policies to deal with current and future problems affecting the planning area as a whole with respect to the subjects of the Comprehensive Plan set forth in subsection 1. In developing the Comprehensive Plan, the Water Planning Commission shall consider any water resource plan developed by a public purveyor and, to the extent feasible and consistent with the objectives of the Regional Water Commission, seek to incorporate such a plan.

      3.  The Comprehensive Plan must:

      (a) Describe the problems and needs of the planning area relating to the subjects of the Comprehensive Plan set forth in subsection 1;

      (b) Identify the providers of services relating to the subjects of the Comprehensive Plan within the planning area and the area within which each provides service, including service territories of public utilities and public purveyors;

      (c) Identify alternatives to reduce demand or increase water supply;

      (d) Identify and provide for existing and future sources of water needed to meet the present or future needs of the planning area, including, without limitation, existing and future demand for water within each public purveyor’s service territory;

      (e) Define priorities and general location for additional major facilities needed to provide services relating to the subjects of the Comprehensive Plan set forth in subsection 1;

      (f) Describe programs to mitigate drought, achieve conservation of water, protect wellheads and otherwise manage water;

      (g) Provide for the development, acquisition and stabilization of surface water and groundwater supply in the planning area, including policies regarding dedication of privately held water resources by applicants for water service;

      (h) Provide for the oversight of, protection of, regional management of and maximization of efficient conjunctive use of, the supply of surface water and groundwater and major water resource facilities in the planning area, including use of reclaimed water and recharge and recovery or underground storage and recovery of water, and the scheduling of the delivery of water supplies held by public purveyors;

      (i) Identify and provide for the extent to which reuse or effluent water is to be put to beneficial use or discharged, directly or indirectly, into the Truckee River;

      (j) Provide for the regional conservation and prevention of long-term depletion of surface water and groundwater resources in the planning area in support of the Comprehensive Plan;

      (k) Provide for adequate supplies of municipal and industrial water, quality of water, sanitary sewerage, treatment of sewage, drainage of storm waters and control of floods within the planning area;

      (l) Identify and provide for the peaking capacity required for delivery of water supplies to each public purveyor, if applicable, and the means by which such requirements will be met;

      (m) Include a water budget identifying water supplies available to each public purveyor from all sources; and

      (n) Seek to make full use of any unused capacity of facilities that are owned by public purveyors, if such use is otherwise economical and efficient.

      4.  The Water Planning Commission shall make recommendations to the Board for the adoption of, and any revisions to, the Comprehensive Plan.

      (Ch. 531, Stats. 2007 p. 3295)

      Sec. 42.  Elements of Comprehensive Plan.  The Comprehensive Plan must include the following elements:

      1.  Quality of surface water, which must include, without limitation:

      (a) Compliance with standards of quality for bodies of water;

      (b) Locations and capacities of plants to treat wastewater;

      (c) Intended quantity and quality of discharge from those plants and its reuse, service areas and interceptors; and

      (d) Programs to attain protection from pollution by both concentrated and diffuse sources.

      2.  Quality of groundwater, which must include, without limitation:

      (a) Compliance with standards of quality for hydrographic basins and septic tanks;

      (b) Capacities for withdrawal of water from hydrographic basins;

      (c) Programs to protect wellheads;

      (d) Programs to clean up contaminated groundwater from hydrographic basins; and

      (e) Programs to attain protection from pollution by both concentrated and diffuse sources.

      3.  Supply of surface water, which must include, without limitation:

      (a) Existing and planned sources of surface water;

      (b) Existing and planned uses for all surface water, including municipal and industrial uses, requirements for return flow, reserves for drought and future growth, uses to improve the quality of water, uses to provide habitat and uses in conjunction with underground water;

      (c) Major facilities to convey and store surface water;

      (d) Standards, service areas, rates of flow and reserves for storage; and

      (e) Facilities to treat surface water.

      4.  Supply of underground water, which must include, without limitation:

      (a) Existing and planned sources of underground water;

      (b) Existing and planned uses for all underground water, including municipal and industrial uses, maintenance of minimum groundwater level and the need for recharge, reserves for drought and future growth, uses to improve the quality of water, uses to provide habitat and uses in conjunction with surface water;

      (c) Major facilities to extract and convey underground water;

      (d) Compliance with standards for treated and nontreated water, service areas, rates of flow and reserves for storage; and

      (e) Facilities to treat and store underground water.

      5.  Control of floods and drainage of storm water, as it relates to surface water, which must include, without limitation:

      (a) Minimum standards of design for controlling floods in the planning area;

      (b) Nonstructural alternatives and standards for facilities to control floods in the planning area and single drainage basins;

      (c) Regional facilities to control floods; and

      (d) Generalized facilities and standards of design for single drainage basins.

      6.  Control of floods and drainage of storm water, as it relates to underground water, which must include, without limitation:

      (a) Groundwater level and capacity for additional storage of water underground as a means of mitigating floods;

      (b) Location and capacities of major facilities for controlling floods which utilize storage of water underground to mitigate floods; and

      (c) Standards of design for devices to infiltrate storm water and other minor facilities for controlling floods which utilize storage of water underground to mitigate floods.

      7.  Cost and financing, which must include an estimate of the cost of each major facility, source of water or other requirement of the Comprehensive Plan and an analysis of alternatives for financing and funding the facility, source or other requirement, or alternatives thereto, as well as the effect of the funding alternatives on other facilities included in the Comprehensive Plan. The estimate of cost must state the financial impact on persons within the planning area, including, without limitation, all direct and indirect costs of connecting to a system for supplying water, if applicable.

      8.  Recommendations for developing and implementing consistent policies of, and among, public purveyors concerning regional drought reserve standards, developer costs, impact fees, dedication of water rights and standards for the drainage of water.

      9.  Evaluation and recommendations regarding the consolidation of public purveyors in the planning area, which must include costs and benefits of consolidation, the feasibility of various consolidation options, analysis of water supplies, operations, facilities, human resources, assets, liabilities, bond covenants, and legal and financial impediments to consolidation and methods, if any, for addressing any such impediments.

      (Ch. 531, Stats. 2007 p. 3296)

      Sec. 43.  Consistency of Comprehensive Plan with certain other plans and agreements.

      1.  The Comprehensive Plan must be consistent with and carry out the provisions of the Comprehensive Regional Plan adopted by the Governing Board for Regional Planning in Washoe County pursuant to NRS 278.0276 and the master plans and any other plans for the use of land which are adopted by governmental entities within the planning area.

      2.  The Comprehensive Plan must be consistent with and carry out or support the carrying out of all aspects of the Truckee River Operating Agreement and Water Quality Settlement Agreement.

      3.  The Comprehensive Plan must be consistent with the state water plan that is in effect at the time that the Comprehensive Plan is adopted.

      (Ch. 531, Stats. 2007 p. 3298)

      Sec. 44.  Duties of Water Planning Commission regarding development of Comprehensive Plan.  In developing the Comprehensive Plan, the Water Planning Commission shall:

      1.  Receive and consider information from public purveyors, public utilities and other entities supplying municipal and industrial water within the planning area;

      2.  Receive and consider information from entities providing sanitary sewerage, treatment of sewage, drainage of storm water and control of floods within the planning area;

      3.  Receive and consider information from entities concerned with water quality within the planning area;

      4.  Review and consider any plan or recommendation of the State Engineer concerning the development, conservation and use of water resources, existing water conservation plans, the regional plan and any master plan that has been adopted pursuant to the provisions of chapter 278 of NRS and any similar plan of a local government which applies to any area in the planning area, and may seek and consider the advice of each local planning commission and any other affected entity;

      5.  Coordinate and make consistent the elements of the Comprehensive Plan set forth in section 42 of this act;

      6.  Consider existing applicable laws;

      7.  Recognize and coordinate the needs of the incorporated areas of the planning area with the needs of the unincorporated areas of the planning area; and

      8.  Receive and consider information from other interested persons.

      (Ch. 531, Stats. 2007 p. 3298)

      Sec. 45.  Duties of Water Planning Commission regarding submission of Comprehensive Plan to Board.

      1.  Before submitting the Comprehensive Plan to the Board, the Water Planning Commission shall hold at least one public hearing on the Comprehensive Plan within the planning area.

      2.  Before acting on a proposed amendment to the adopted Comprehensive Plan, the Water Planning Commission shall hold at least one public hearing on the proposed amendment at a location in the planning area relevant to the proposed amendment.

      3.  Notice of the time and place of each hearing must be given by publication in a newspaper of general circulation in the planning area at least 10 days before the day of the hearing. If there is more than one newspaper of general circulation in the planning area, notice must be given by publication in at least two such newspapers.

      4.  The decision to submit the proposed Comprehensive Plan or any amendment to the adopted Comprehensive Plan to the Board must be made by resolution of the Commission carried by the affirmative votes of a majority of the total voting members of the Water Planning Commission. The resolution must refer expressly to the text, maps and descriptive or other matter intended by the Water Planning Commission to constitute the Comprehensive Plan or an amendment thereto.

      (Ch. 531, Stats. 2007 p. 3299)

      Sec. 46.  Duties of Board before taking action on Comprehensive Plan.

      1.  An attested copy of the proposed Comprehensive Plan or an amendment thereto must be submitted by the Water Planning Commission to the Board.

      2.  Before taking any action on the proposed Comprehensive Plan or an amendment thereto, the Board shall convene a public hearing.

      3.  Notice of the hearing must be given at least 10 days before the date of the hearing. The notice must include, without limitation:

      (a) A statement of the time, place and nature of the hearing;

      (b) A statement of the legal authority under which the hearing is to be held; and

      (c) A reference to the particular sections of any applicable laws.

      4.  Not less than 30 days before the hearing, the Board shall cause to be placed a copy of the proposed Comprehensive Plan or amendment thereto in the office of the County Clerk of Washoe County and publish notice that the Comprehensive Plan or amendment thereto is available for public inspection.

      5.  Each notice required by this section must be published in a newspaper of general circulation in the planning area. If there is more than one newspaper of general circulation in the planning area, notice must be given by publication in at least two such newspapers. The notice must be a display advertisement not less than 3 by 5 inches in size.

      (Ch. 531, Stats. 2007 p. 3299)

      Sec. 47.  Duties of Board and Water Planning Commission regarding changes or additions to Comprehensive Plan.

      1.  The Board shall not change or add to the proposed Comprehensive Plan or an amendment thereto as submitted by the Water Planning Commission until it has submitted the substance of the proposed change or addition to the Water Planning Commission in writing with its reasons for the change or addition.

      2.  The Water Planning Commission shall, if it agrees to the change or addition, revise the submitted Comprehensive Plan or amendment thereto accordingly. If the Water Planning Commission does not agree, it shall report to the Board in writing its reason for disagreeing and any alternative proposal.

      3.  In either case, the Water Planning Commission shall present its revision or report to the Board within 40 days after the Board’s change or amendment is submitted to the Water Planning Commission.

      4.  If the Water Planning Commission does not agree with the proposed change or addition and the Board refuses to rescind its proposal or to accept an alternative proposal of the Water Planning Commission, the Water Planning Commission shall revise the originally submitted Comprehensive Plan or amendment thereto to incorporate the change or addition proposed by the Board.

      (Ch. 531, Stats. 2007 p. 3299)

      Sec. 48.  Review of Comprehensive Plan by Regional Planning Commission.

      1.  After adoption by the Board, the Comprehensive Plan or an amendment thereto must be submitted for review to the Regional Planning Commission in Washoe County established pursuant to NRS 278.0262. The Regional Planning Commission shall review the Comprehensive Plan or amendment thereto only for consistency with the Comprehensive Regional Plan adopted pursuant to NRS 278.0276 and the master plans and any other plans for the use of land which are adopted by local governmental entities within the planning area. The Regional Planning Commission shall review the Comprehensive Plan or amendment thereto at one or more public hearings. Notice of the time and place of a hearing must be given in accordance with NRS 278.0276.

      2.  If the Regional Planning Commission fails to make a determination within 40 days after the submission of the Comprehensive Plan or amendment thereto, the Comprehensive Plan or amendment thereto shall be deemed to be consistent with the Comprehensive Regional Plan.

      3.  If the Regional Planning Commission determines that the Comprehensive Plan or amendment thereto is not consistent with the Comprehensive Regional Plan, it shall state its reasons why the Comprehensive Plan or amendment thereto is not consistent. Unless an appeal is filed pursuant to section 49 of this act, the Water Planning Commission and the Board shall respectively develop and adopt, in accordance with sections 44 to 47, inclusive, of this act, proposed revisions to the Comprehensive Plan or amendment thereto, and the Board shall resubmit the revised Comprehensive Plan or amendment thereto to the Regional Planning Commission.

      (Ch. 531, Stats. 2007 p. 3300)

      Sec. 49.  Appeal of determination of Regional Planning Commission.

      1.  An affected entity that disagrees with the reasons given by the Regional Planning Commission for its determination of consistency or inconsistency pursuant to section 48 of this act may file an appeal with the Governing Board for Regional Planning in Washoe County not later than 10 days after the determination of consistency or inconsistency. As used in this subsection, “affected entity” means Washoe County, the City of Reno, the City of Sparks or any other governmental entity or public purveyor or a public utility providing services relating to the subject matter of the Comprehensive Plan within the planning area.

      2.  Within 45 days after its receipt of an appeal, the Governing Board for Regional Planning shall consider the appeal and issue its decision. If the decision of the Governing Board for Regional Planning is that the Comprehensive Plan or amendment thereto is not consistent with the Comprehensive Regional Plan, it shall state its reasons why the Comprehensive Plan or amendment thereto is not consistent. The Water Planning Commission and the Board shall then respectively develop and adopt, in accordance with sections 44 to 47, inclusive, of this act, proposed revisions to the Comprehensive Plan or amendment thereto, and the Board shall resubmit the revised Comprehensive Plan or amendment thereto to the Regional Planning Commission for review.

      (Ch. 531, Stats. 2007 p. 3300)

      Sec. 50.  Periodic review of Comprehensive Plan by Water Planning Commission.  The adopted Comprehensive Plan must be reviewed by the Water Planning Commission on a schedule to be established by the Board, which must at least provide for review of the Comprehensive Plan within 5 years after its adoption and at least every 5 years thereafter. After each review, the Water Planning Commission shall submit to the Board any proposed amendment to the Comprehensive Plan or report that there are no amendments.

      (Ch. 531, Stats. 2007 p. 3301)

      Sec. 51.  Requirements regarding construction of facilities after Comprehensive Plan is approved.

      1.  Except as otherwise provided in subsection 2, on and after the date the initial Comprehensive Plan is finally approved, no facility intended to provide a service relating to a subject of the Comprehensive Plan within the planning area may be constructed, if the facility is of such a kind or size as to affect the working of the Comprehensive Plan as distinct from providing normal service to customers, unless it is included in the Comprehensive Plan or has been reviewed and approved as provided in subsection 3.

      2.  The Comprehensive Plan may allow for the construction of facilities not included within the Comprehensive Plan in order to meet an emergency as defined in the Comprehensive Plan.

      3.  A proposal to construct a facility described in subsection 1 within the planning area must be submitted to the Water Planning Commission for review and recommendation to the Board concerning the conformance of the proposal with the Comprehensive Plan. The review must include an evaluation of stranded costs, the need for the facility within the planning area and the impact that construction of the facility will have on any potential consolidation of public purveyors. If the Water Planning Commission fails to make such a recommendation within 30 days after the proposal is submitted to it, the Water Planning Commission shall be deemed to have made a recommendation that the proposal conforms to the Comprehensive Plan. The Board shall consider the recommendation of the Water Planning Commission and approve or disapprove the proposal as conforming to the Comprehensive Plan. Any disapproval must be accompanied by recommended actions to be taken to make the proposal conform to the Comprehensive Plan. The Water Planning Commission and the Board shall limit their review to the substance and content of the Comprehensive Plan and shall not consider the merits or deficiencies of a proposal in a manner other than is necessary to enable them to make a determination concerning conformance with the Comprehensive Plan.

      4.  The Board shall provide, by resolution after holding a hearing, for the Water Planning Commission or its staff to make final decisions concerning the conformance of classes of proposed facilities to the Comprehensive Plan. A resolution adopted pursuant to this section must provide an opportunity for the applicant or a protestant to appeal from a decision of the Water Planning Commission or its staff to the Board.

      (Ch. 531, Stats. 2007 p. 3301)

      Sec. 52.  Water right or source of water belonging to governmental entity must be used consistently with Comprehensive Plan.  Any water right or source of water belonging to a governmental entity within the planning area must be used in accordance with the Comprehensive Plan.

      (Ch. 531, Stats. 2007 p. 3301)

      Sec. 53.  Act does not supersede authority of certain state officers and agencies.  The provisions of this act do not supersede the authority granted by law to the State Engineer, the State Environmental Commission and the State Department of Conservation and Natural Resources.

      (Ch. 531, Stats. 2007 p. 3301)

      Sec. 55.  Continuation of certain fees.  The fee authorized pursuant to NRS 540A.070 must remain in effect and be collected by Washoe County and transferred to the Western Regional Water Commission, created pursuant to section 23 of this act, until such time as the Board of Trustees of the Regional Water Commission adopts a resolution pursuant to section 35 of this act imposing a new fee.

      (Ch. 531, Stats. 2007 p. 3302)

      Sec. 56.  Legislative Committee to Oversee the Western Regional Water Commission: Creation; composition; appointments; terms; vacancies; meetings; budget; quorum; compensation; powers and duties.  Expired by limitation. (See chapter 531, Statutes of Nevada 2007, at page 3304.)