Assembly Bill No. 436-Committee on Government Affairs
(On Behalf of Clark County)
April 30, 1997
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Referred to Committee on Government Affairs
SUMMARY--Provides for management of ground water in Las Vegas Valley Ground Water Basin. (BDR S-653)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to water; requiring the Southern Nevada Water Authority to establish a program for the management of the ground water in the Las Vegas Valley Ground Water Basin; authorizing the Southern Nevada Water Authority to assess fees to fund certain activities related to the program; providing for the preparation of certain reports relating to the program; creating an advisory committee and defining its duties; requiring the submission of biennial reports to the Legislature; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 As used in sections 2 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 2 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 2 "Advisory committee" means the Advisory Committee for the Management of Ground Water in the Las Vegas Valley Ground Water Basin.
Sec. 3 "Basin" means the Las Vegas Valley Ground Water Basin.
Sec. 4 "Board of directors" means the board of directors of the Southern Nevada Water Authority.
Sec. 5 "Management program" means the program for the management of ground water in the Las Vegas Valley Ground Water Basin.
Sec. 6 "Southern Nevada Water Authority" means the political subdivision of the State of Nevada created on July 25, 1991, by a cooperative agreement entered into on that date pursuant to the provisions of NRS 277.080 to 277.180, inclusive.
Sec. 7 1. The Southern Nevada Water Authority shall establish a program for the management of ground water in the Las Vegas Valley Ground Water Basin.
2. The management program must provide for:
(a) The oversight, protection and stabilization of the supply of ground water in the basin; and
(b) The prevention of contamination and long-term depletion of ground water in the basin.
3. The board of directors shall administer the management program.
Sec. 8 1. The Advisory Committee for the Management of Ground Water in the Las Vegas Valley Ground Water Basin is hereby created. The advisory committee consists of:
(a) Seven members to be appointed by the board of directors, including:
(1) Two persons who own and operate domestic wells located in the basin;
(2) One representative of an organization that owns and operates a quasi-municipal well located in the basin;
(3) One representative of an industrial or commercial user of ground water which is located in the basin;
(4) One representative of a private water company which operates in the basin;
(5) One consumer whose water service is provided entirely by a municipal water purveyor which is located in the basin; and
(6) One representative of a municipal water purveyor that owns and operates wells located in the basin;
(b) The State Engineer, or his designated representative, 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 Natural Resources, or his designated representative, who is an ex officio nonvoting member of the advisory committee.
2. Members of the advisory committee serve without compensation, except that while engaged in the business of the advisory committee, each member is entitled to the per diem allowance and travel expenses provided for state officers and employees generally, to be paid by the Southern Nevada Water Authority.
3. After the initial term, the term of each appointed member is 2 years. Members may be reappointed. At the expiration of the term of a member, or if a member resigns or is otherwise unable to complete his term, 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. In replacing a member described in:
(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 ground water, respectively.
(b) Subparagraph (4), (5) or (6) of paragraph (a) of subsection 1, the board of directors shall consider recommendations solicited from the various entities that comprise the Southern Nevada Water Authority.
Sec. 9 1. The advisory committee shall meet at least once every 3 months.
2. The advisory committee shall elect from its members a chairman who shall serve for a term of 2 years. Any vacancy occurring in the chairmanship must be filled by majority vote of the members of the advisory committee for the remainder of the unexpired term.
Sec. 10 The advisory committee:
1. Shall discuss issues related to the basin and the management program.
2. Shall advise the board of directors concerning the progress, activities and general direction of the management program.
3. May provide written recommendations to the board of directors regarding the Southern Nevada Water Authority's management of the basin and the Southern Nevada Water Authority's exercise of its powers related thereto. Any such recommendation may be made only by a majority vote of all of the voting members of the advisory committee, and each dissenting opinion to the recommendation must be fully documented and included with the recommendation.
Sec. 11 1. At least once each calendar year, the advisory committee and the Southern Nevada Water Authority shall conduct a joint workshop to discuss issues related to the basin and the management program. The Southern Nevada Water Authority shall give public notice of the workshop in accordance with NRS 241.020. Members of the general public, owners of wells and other interested persons must be encouraged to attend the joint workshop.
2. The issues and concerns expressed on the record by persons attending the joint workshop must be recorded in writing and appended to the summary and joint reports prepared pursuant to section 12 of this act.
Sec. 12 1. On or before December 31 of each year, the Southern Nevada Water Authority shall prepare a summary report which describes the activities of the management program and the advisory committee during the preceding calendar year.
2. On or before December 31 of each even-numbered year, the Southern Nevada Water Authority and the advisory committee shall prepare a joint report and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Nevada Legislature. The joint report must include, without limitation:
(a) A summary of all of the activities, studies and research conducted on behalf of the management program during the previous 2 calendar years;
(b) A detailed assessment of the joint public workshops conducted by the Southern Nevada Water Authority and the advisory committee during the previous 2 calendar years, including documentation of the comments made on the record by the members of the general public who attended the workshops;
(c) A statement of income and expenditures related to the management program; and
(d) An assessment from the advisory committee concerning the status of the ground water in the basin and the activities related to the management of the basin, including any recommendations concerning:
(1) Whether activities, fees and other aspects of the management program should be continued, modified or terminated; and
(2) Plans for additional activities for the management of ground water in the basin, and for the protection of the aquifer in which the basin is located.
Sec. 13 1. The Southern Nevada Water Authority may establish and collect each calendar year a fee to be assessed on users of ground water in the basin. Money raised from the fees must be used as provided in section 14 of this act.
2. Except as otherwise provided in this section:
(a) Users of ground water, other than owners of domestic wells, may be assessed a fee each calendar year of not more than $10 per acre-foot, or its equivalent, of ground water in the basin to which they have a water right in that year.
(b) Owners of domestic wells may be assessed a flat fee each calendar year of not more than $10.
3. The maximum fees specified in subsection 2 may be adjusted once each year for inflation. The maximum amount of the adjustment must be determined by multiplying the respective amounts of the fees by the percentage of inflation, if any. The Consumer Price Index published by the United States Department of Labor for July preceding the year for which the adjustment is made must be used in determining the percentage of inflation.
4. The maximum fees may be increased by an amount which is greater than the amount of the adjustment for inflation as calculated pursuant to subsection 3 only if:
(a) A majority of all of the voting members of the advisory committee recommends the change;
(b) The board of directors approves the recommendation; and
(c) The increase is approved by the Legislature.
5. As used in this section, "water right" means the legal right to use water that has been appropriated pursuant to chapters 533 and 534 of NRS by means of application, permit, certificate, decree or claim of vested right.
Sec. 14 Money collected pursuant to section 13 of this act must be used to:
1. Develop and distribute information promoting education and the conservation of ground water in the basin.
2. Perform such comprehensive inventories of wells of all types located within the basin as may be needed. Such inventories must be done in conjunction with the State Engineer.
3. Prepare, for use by the advisory committee, such cost-benefit analyses relating to the recharge of the ground water in the basin as may be needed.
4. Develop recommendations for additional activities for the management of the basin and the protection of the aquifer in which the basin is located.
5. 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 related to the management program.
Sec. 15 The board of directors may conduct such investigations as are necessary to carry out the provisions of this act. To carry out the management program, the board of directors shall regularly consult with the State Engineer and the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
Sec. 16 Nothing in this act supersedes the authority granted to:
1. The State Engineer in chapters 532, 533 and 534 of NRS.
2. The State Environmental Commission and the Division of Environmental Protection of the State Department of Conservation and Natural Resources in chapters 444, 445A, 445B, 459, 486A, 519A and 590 of NRS.
Sec. 17 1. For the initial term of the members of the Advisory Committee for the Management of Ground Water in the Las Vegas Valley Ground Water Basin described in paragraph (a) of subsection 1 of section 8 of this act, the board of directors shall appoint:
(a) Four of the members to 3-year terms; and
(b) Three of the members to 2-year terms.
2. In making the initial appointment to the advisory committee for those members described in subparagraphs (1), (2) and (3) of paragraph (a) of subsection 1 of section 8 of this act, the board of directors shall take into consideration recommendations by the citizens advisory group of the Southern Nevada Water Authority. Such recommendations by the citizens advisory group must be submitted by the citizens advisory group to the board of directors not later than 60 days after the effective date of this act.
Sec. 18 If, on or before December 31, 1998, the Advisory Committee for the Management of Ground Water in the Las Vegas Valley Ground Water Basin determines by majority vote of all of the voting members of the advisory committee that the program for the management of ground water in the Las Vegas Valley Ground Water Basin established by the Southern Nevada Water Authority is not working as intended, the advisory committee shall include in the joint report submitted to the 70th session of the Nevada Legislature the advisory committee's recommendation that the management program be terminated.
Sec. 19 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 20 1. This act becomes effective upon passage and approval.
2. If the Advisory Committee for the Management of Ground Water in the Las Vegas Valley Ground Water Basin pursuant to section 18 of this act includes in the joint report to the 70th session of the Nevada Legislature the advisory committee's recommendation that the management program be terminated, this act expires by limitation 90 days after the date on which the report is submitted to the Director of the Legislative Counsel Bureau pursuant to section 12 of this act.