Senate Bill No. 369–Senator Rhoads

 

March 17, 2003

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Referred to Committee on Natural Resources

 

SUMMARY—Makes various changes concerning use of water for watering livestock. (BDR 48‑938)

 

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 water; providing that the term “water” includes snow for the purposes of adjudicating vested water rights for watering livestock and appropriating public waters for watering livestock; setting forth the meaning of point or place of diversion for the use of water for watering livestock; 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. Chapter 533 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  As used in this chapter, for the purpose of watering livestock

1-4  the term “water” includes snow.

1-5  Sec. 2.  NRS 533.475 is hereby amended to read as follows:

1-6  533.475  The State Engineer and his assistants shall have power

1-7  to arrest any person violating any of the provisions of NRS 533.010

1-8  to 533.470, inclusive, and section 1 of this act and to turn him

1-9  over to the sheriff or other competent police officer within the

1-10  county. Immediately on delivering any such person so arrested into

1-11  the custody of the sheriff, the State Engineer or his assistant making

1-12  such arrest shall immediately, in writing, and upon oath, make a

1-13  complaint before the justice of the peace against the person so

1-14  arrested.

 

2-1  Sec. 3.  NRS 533.480 is hereby amended to read as follows:

2-2  533.480  Any person violating any of the provisions of NRS

2-3  533.010 to 533.475, inclusive, and section 1 of this act shall be

2-4  guilty of a misdemeanor.

2-5  Sec. 4.  NRS 533.490 is hereby amended to read as follows:

2-6  533.490  1.  The use of water for watering livestock is hereby

2-7  declared to be a beneficial use except as otherwise provided in NRS

2-8  533.495. Subject to such exception, the right to use water for that

2-9  purpose may be acquired in the same manner as the right to use

2-10  water for any other beneficial purpose.

2-11      2.  On application to the State Engineer for any such right, it

2-12  shall not be necessary for the applicant to state or prove or for the

2-13  State Engineer to determine in cubic feet per second of time the

2-14  quantity of water the use of which is applied for or granted, but in

2-15  all such applications and in all proceedings connected therewith and,

2-16  also, in all proceedings either before the State Engineer or the courts

2-17  relating to the proof or establishment of a vested right to use water

2-18  for watering livestock, it shall be a sufficient measure of the

2-19  quantity of the water to specify the number and kind of animals to

2-20  be watered or which have been watered, as the case may be. This

2-21  subsection is not intended to imply that [prior to] before April 1,

2-22  1925, it was necessary to specify, prove or determine the quantity of

2-23  water in cubic feet per second, but is meant only to remove for the

2-24  future any uncertainty that may have existed as to such necessity.

2-25      3.  On application to the State Engineer for any such right

2-26  and in establishing any such right, “point of diversion” or “place

2-27  of diversion” means a substantially specific and accurate

2-28  description of the location of:

2-29      (a) The place from which the water is physically diverted from

2-30  its source; or

2-31      (b) The place at which the water is consumed by the livestock,

2-32  including, without limitation, the place at which the livestock

2-33  consume water in situ and without the use of a mechanical

2-34  method of diverting the water.

 

2-35  H