Assembly Bill No. 334–Assemblymen Gibbons, Angle, Knecht, Andonov, Christensen, Claborn, Collins, Geddes, Grady, Griffin, Gustavson, Hardy, Koivisto, McCleary, Mortenson and Weber

 

March 14, 2003

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Joint Sponsor: Senator Mathews

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Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions regarding issuance of certain permits to appropriate or change point of diversion of water for wells to prevent adverse effects on existing domestic wells. (BDR 48‑738)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the State Engineer; revising provisions regarding the issuance of a permit to appropriate or change the point of diversion of water for a well; authorizing the State Engineer to require mitigation of unreasonable adverse effects on existing domestic wells under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 534.110 is hereby amended to read as follows:

1-2  534.110  1.  The State Engineer shall administer this chapter

1-3  and shall prescribe all necessary regulations within the terms of this

1-4  chapter for its administration.

1-5  2.  The State Engineer may:

2-1  (a) Require periodical statements of water elevations, water

2-2  used, and acreage on which water was used from all holders of

2-3  permits and claimants of vested rights.

2-4  (b) Upon his own initiation, conduct pumping tests to determine

2-5  if overpumping is indicated, to determine the specific yield of the

2-6  aquifers and to determine permeability characteristics.

2-7  3.  The State Engineer shall determine whether there is

2-8  unappropriated water in the area affected and may issue permits

2-9  only if the determination is affirmative. The State Engineer may

2-10  require each applicant to whom a permit to appropriate or change

2-11  the point of diversion of water is issued for a new or existing well:

2-12      (a) For municipal, quasi-municipal or industrial use; and

2-13      (b) Whose reasonably expected rate of diversion is [one-half

2-14  cubic foot per second] 350 acre-feet per annum or more,

2-15  to report periodically to the State Engineer concerning the effect of

2-16  that well on other previously existing wells that are located within

2-17  2,500 feet of the well.

2-18      4.  It is a condition of each appropriation of ground water

2-19  acquired under this chapter that the right of the appropriator relates

2-20  to a specific quantity of water and that the right must allow for a

2-21  reasonable lowering of the static water level at the appropriator’s

2-22  point of diversion. In determining a reasonable lowering of the static

2-23  water level in a particular area, the State Engineer shall consider the

2-24  economics of pumping water for the general type of crops growing

2-25  and may also consider the effect of using water on the economy of

2-26  the area in general.

2-27      5.  This section does not prevent the granting of permits to

2-28  applicants later in time on the ground that the diversions under the

2-29  proposed later appropriations may cause the water level to be

2-30  lowered at the point of diversion of a prior appropriator, so long as

2-31  any protectible interests in existing domestic wells as set forth in

2-32  NRS 533.024 and the rights of holders of existing appropriations

2-33  can be satisfied under such express conditions. [At the time a permit

2-34  is granted] If the State Engineer grants a permit pursuant to this

2-35  subsection for a well[:

2-36      (a) For] for municipal, quasi-municipal or industrial use[; and

2-37      (b) Whose] which has a reasonably expected rate of diversion

2-38  [is one-half cubic foot per second] of 350 acre-feet per annum or

2-39  more,the State Engineer shall include as a condition of the permit

2-40  that [pumping] :

2-41      (a) Pumping water pursuant to the permit may be limited or

2-42  prohibited to prevent any unreasonable adverse effects on an

2-43  existing domestic well located within 2,500 feet of the well, unless

2-44  the holder of the permit and the owner of the domestic well have

3-1  agreed to alternative measures that mitigate those adverse effects[.]

3-2  ; and

3-3  (b) The holder of the permit may be required to mitigate any

3-4  unreasonable adverse effects on an existing domestic well that are

3-5  related to actions carried out subject to the permit, as determined

3-6  by the State Engineer.

3-7  6.  If the State Engineer determines that unreasonable

3-8  adverse effects on an existing domestic well have been caused by

3-9  actions carried out subject to a permit granted pursuant to

3-10  subsection 5, he may require the holder of the permit to mitigate

3-11  or cause to be mitigated the unreasonable adverse effects.

3-12      7.  The State Engineer shall conduct investigations in any basin

3-13  or portion thereof where it appears that the average annual

3-14  replenishment to the ground water supply may not be adequate for

3-15  the needs of all permittees and all vested-right claimants, and if his

3-16  findings so indicate the State Engineer may order that withdrawals

3-17  be restricted to conform to priority rights.

3-18      [7.] 8. In any basin or portion thereof in the State designated by

3-19  the State Engineer, the State Engineer may restrict drilling of wells

3-20  in any portion thereof if he determines that additional wells would

3-21  cause an undue interference with existing wells. Any order or

3-22  decision of the State Engineer so restricting drilling of such wells

3-23  may be reviewed by the district court of the county pursuant to

3-24  NRS 533.450.

 

3-25  H