CONSERVATION OF COLORADO RIVER WATER ACT

[Rev. 6/29/2024 7:36:16 PM--2023]

Chapter 364, Statutes of Nevada 2021

AN ACT relating to water; prohibiting, with certain exceptions, the use of water from the Colorado River to irrigate nonfunctional turf on certain property; requiring the Board of Directors of the Southern Nevada Water Authority to develop a plan for the removal of nonfunctional turf on certain property; creating and setting forth the duties of the Nonfunctional Turf Removal Advisory Committee; requiring the Legislative Committee on Public Lands to conduct a study concerning water conservation; and providing other matters properly relating thereto.

[Approved: June 4, 2021]

(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. 36. Definitions. As used in this act, unless the context otherwise requires, the words and terms defined in sections 37, 37.5 and 38 of this act have the meanings ascribed to them in those sections.

(Ch. 364, Stats. 2021 p. 2179)

Sec. 37. “Board of Directors” defined. “Board of Directors” means the Board of Directors of the Southern Nevada Water Authority.

(Ch. 364, Stats. 2021 p. 2180)

Sec. 37.5. “General Manager” defined. “General Manager” means the General Manager of the Southern Nevada Water Authority.

(Ch. 210, Stats. 2023 p. 1282)

Sec. 38. “Southern Nevada Water Authority” defined. “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.

(Ch. 364, Stats. 2021 p. 2180)

Sec. 38.2. Authority of Board of Directors to limit use of water by single-family residences under certain circumstances; notification of action to customers; process for waiver.

1. If the Federal Government reduces Nevada’s allocation of the Colorado River for the upcoming year to 270,000 acre-feet or less, the Board of Directors may limit each single-family residence that uses the waters of the Colorado River distributed by the Southern Nevada Water Authority or a member agency of the Southern Nevada Water Authority to not more than 0.5 acre-feet of water for that upcoming year. Any limitation imposed by the Board of Directors may not go into effect before December 31 of the year before the year for which the Federal Government has reduced Nevada’s allocation of the Colorado River to 270,000 acre-feet or less.

2. If the Board of Directors limits water usage of single-family residences pursuant to subsection 1, the Southern Nevada Water Authority and the member agencies of the Southern Nevada Water Authority shall notify all customers of the action of the Board of Directors to limit water usage by not later than October 1 of the year before the year for which the Federal Government has reduced Nevada’s allocation of the Colorado River to 270,000 acre-feet or less.

3. The Board of Directors shall establish a process to approve a waiver of any limitations imposed pursuant to subsection 1 for certain properties.

(Ch. 210, Stats. 2023 p. 1282)

Sec. 38.4. Installation of new septic system on certain parcels of property prohibited; waiver; exception.

1. Except as otherwise provided in this section, on and after June 6, 2023, on any parcel of property that uses or will use the waters of the Colorado River distributed by the Southern Nevada Water Authority or one of the member agencies of the Southern Nevada Water Authority no new septic system may be installed.

2. The General Manager may, in his or her discretion, approve a waiver of the prohibition set forth in subsection 1.

3. The provisions of this section do not apply to any decreed, certificated or permitted right to appropriate water that is diverted from the Virgin River or Muddy River.

4. As used in this section, “septic system” means a well that is used to place sanitary waste below the surface of the ground which is typically composed of a septic tank and a subsurface fluid distribution or disposal system.

(Ch. 210, Stats. 2023 p. 1282)

Sec. 38.6. Installation of new turf on certain parcels of property prohibited from June 6, 2023, through December 31, 2023; exception; requirements for installation of new turf on certain parcels on and after January 1, 2024; waiver.

1. Except as otherwise provided in this subsection, beginning on June 6, 2023, and ending on December 31, 2023, new turf may not be installed on any parcel of property that uses or will use the waters of the Colorado River distributed by the Southern Nevada Water Authority or one of the member agencies of the Southern Nevada Water Authority. The provisions of this subsection do not apply to the installation of warm-season turf in parks, schools or cemeteries.

2. Except as otherwise provided in subsection 4, on and after January 1, 2024, any new turf that is installed on a parcel of property that uses or will use the waters of the Colorado River distributed by the Southern Nevada Water Authority or one of the member agencies of the Southern Nevada Water Authority must be installed in accordance with any requirements for turf adopted by the Board of Directors pursuant to subsection 3.

3. The Board of Directors shall adopt requirements for the installation of new turf on any parcel of property that uses or will use the waters of the Colorado River distributed by the Southern Nevada Water Authority or one of the member agencies of the Southern Nevada Water Authority.

4. The General Manager or his or her designee may approve a waiver from the prohibition set forth in subsection 2 or any turf requirements adopted by the Board of Directors pursuant to subsection 3.

(Ch. 210, Stats. 2023 p. 1282)

Sec. 39. Irrigation of nonfunctional turf on certain parcels of property prohibited on and after January 1, 2027; duties of Board of Directors; extension or waiver from prohibition and certain provisions.

1. Except as otherwise provided in this section, on and after January 1, 2027, the waters of the Colorado River distributed by the Southern Nevada Water Authority or one of the member agencies of the Southern Nevada Water Authority may not be used to irrigate nonfunctional turf on any parcel of property that is not used exclusively as a single-family residence.

2. The Board of Directors shall:

(a) Define “functional turf” and “nonfunctional turf” for the purposes of subsection 1 and promulgate the definitions in the service rules, ordinances or codes of the member agencies of the Southern Nevada Water Authority; and

(b) Develop a plan to identify and facilitate the removal of existing nonfunctional turf within the service area of the Southern Nevada Water Authority on each parcel of property that is not used exclusively as a single-family residence. The plan must, without limitation:

(1) Establish phases for the removal of nonfunctional turf based on categories of water users; and

(2) Establish deadlines within the service area of the Southern Nevada Water Authority for existing customers to remove nonfunctional turf on any parcel of property that is not used exclusively as a single-family residence before December 31, 2026.

3. The General Manager or his or her designee may approve an extension or a waiver from:

(a) The prohibition set forth in subsection 1; and

(b) The provisions of the plan developed pursuant to subsection 2.

4. The provisions of this section do not prohibit a person from:

(a) Complying with any requirement adopted by the governing body of a county or city pursuant to chapter 278 of NRS to maintain open space or drought tolerant landscaping on any property that is not used exclusively as a single-family residence; or

(b) Using alternative sources of water to irrigate nonfunctional turf on and after January 1, 2027, on any property that is not used exclusively as a single-family residence.

(Ch. 364, Stats. 2021 p. 2180; A—Ch. 210, Stats. 2023 p. 1284)

Sec. 39.5. Owners of certain parcels of property required to participate in irrigation water efficiency monitoring program; duties of Board of Directors relating to program; extension or waiver from certain provisions.

1. Except as otherwise provided in this section, the Southern Nevada Water Authority shall require the owner of any parcel of property that uses the waters of the Colorado River distributed by the Southern Nevada Water Authority or one of the member agencies of the Southern Nevada Water Authority to participate in an irrigation water efficiency monitoring program established by the Southern Nevada Water Authority, if the parcel of property:

(a) Is not used exclusively as a single-family residence; and

(b) Consists of 20,000 square feet or more of turf.

2. The Board of Directors shall:

(a) Develop and establish policies and guidelines for an irrigation water efficiency monitoring program;

(b) Establish deadlines within the service area of the Southern Nevada Water Authority for any owner subject to the requirements of subsection 1 to begin participating in the irrigation water efficiency monitoring program; and

(c) Not later than January 1, 2025, notify the owner of any parcel of property subject to the requirements of subsection 1 that he or she is required to participate in the irrigation water efficiency monitoring program by the deadline established pursuant to paragraph (b).

3. The General Manager or his or her designee may approve an extension or waiver from:

(a) The provisions of subsection 1; or

(b) The provisions of the policies and guidelines developed pursuant to subsection 2.

(Ch. 210, Stats. 2023 p. 1283)

Sec. 40. Nonfunctional Turf Removal Advisory Committee: Creation; membership; service without compensation. [Effective through December 31, 2026.]

1. The Nonfunctional Turf Removal Advisory Committee is hereby created. The Advisory Committee consists of the following nine voting members appointed by the Board of Directors:

(a) One member who represents an office park with existing nonfunctional turf at the time the member is appointed;

(b) One member who represents an organization representing businesses;

(c) One member who represents an industrial or commercial business with existing nonfunctional turf at the time the member is appointed;

(d) Two members who represent a common-interest community with existing nonfunctional turf at the time the member is appointed;

(e) One member who represents multi-family housing with existing nonfunctional turf at the time the member is appointed;

(f) One member who represents an environmental organization;

(g) One member who represents a local government with existing nonfunctional turf at the time the member is appointed; and

(h) One member who represents a golf course with existing nonfunctional turf at the time the member is appointed.

2. Members of the Advisory Committee serve without compensation.

(Ch. 364, Stats. 2021 p. 2180)

Sec. 41. Nonfunctional Turf Removal Advisory Committee: Powers and duties. [Effective through December 31, 2026.] The Nonfunctional Turf Removal Advisory Committee:

1. Shall discuss issues related to the use and removal of nonfunctional turf by each water use sector, including, without limitation, issues relating to the plan developed pursuant to section 39 of this act to identify and remove nonfunctional turf; and

2. May provide written recommendations to the Board of Directors regarding the plan developed pursuant to section 39 of this act, including, without limitation, any recommendations for waivers or exemptions to the provisions of section 39 of this act. Any recommendation made by the Advisory Committee must be approved by a majority vote of all of the voting members of the Advisory Committee. Any dissenting opinion of a member of the Advisory Committee to a recommendation must be fully documented and included with the recommendation to the Board of Directors.

(Ch. 364, Stats. 2021 p. 2181)