Assembly Bill No. 403–Assemblymen Sherer, Knecht, Brown, Collins, Conklin, Hettrick and Marvel

 

CHAPTER..........

 

AN ACT relating to water; revising the circumstances that the State Engineer is required to consider in determining whether to grant or deny a request to extend the time necessary to work a forfeiture of certain water rights; 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. 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 permitted right, 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. For water rights in basins for which the

 State Engineer keeps pumping records, if the records of the State

 Engineer indicate at least 4 consecutive years, but less than 5

 consecutive years, of nonuse of all or any part of such a water right

 which is governed by this chapter, 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 that he

 has 1 year after the date of the notice 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 2 to avoid forfeiting the

 water right. If, after 1 year after the date of the notice, proof of

 beneficial use is not sent to the State Engineer, the State Engineer

 shall, unless he has granted a request to extend the time necessary

 to work a forfeiture of the water right, declare the right forfeited

 within 30 days. Upon the forfeiture of a right to the use of ground

 water, the water reverts to the public and is available for further

 appropriation, subject to existing rights. If, upon notice by

 registered or certified mail to the owner of record whose right has

 been declared forfeited, the owner of record 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. The failure

 to receive a notice pursuant to this subsection does not nullify the

 forfeiture or extend the time necessary to work the forfeiture of a

 water right.

    2.  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 that subsection if the request is made before

 the expiration of the time necessary to work a forfeiture. 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 shown good cause for his failure to

 use all or any part of the water beneficially for the purpose for

 which his right is acquired or claimed;

    (b) The unavailability of water to put to a beneficial use which is

 beyond the control of the holder;

    (c) Any economic conditions or natural disasters which made

 the holder unable to put the water to that use; [and]

    (d) Any prolonged period in which precipitation in the basin

 where the water right is located is below the average for that

 basin or in which indices that measure soil moisture show that a

 deficit in soil moisture has occurred in that basin; and

    (e) Whether the holder has demonstrated efficient ways of using

 the water for agricultural purposes, such as center-pivot

irrigation.

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 he has granted or denied the

 holder’s request for an extension pursuant to this subsection.

    3.  If the failure to use the water pursuant to subsection 1 is

 because of the use of center-pivot irrigation before July 1, 1983,

 and such use could result in a forfeiture of a portion of a right, the

 State Engineer shall, by registered or certified mail, send to the

 owner of record a notice of intent to declare a forfeiture. The notice

 must provide that the owner has at least 1 year from the date of the

 notice to use the water beneficially or apply for additional relief

 pursuant to subsection 2 before forfeiture of his right is declared by

 the State Engineer.

    4.  A right to use underground water whether it is vested or

 otherwise may be lost by abandonment. If the State Engineer, in

 investigating a ground water 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

 examination that an abandonment has taken place, he shall so state

 in his 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 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.

    Sec. 2.  This act becomes effective on July 1, 2003.

 

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