Existing law declares that it is the policy of this State to encourage the State Engineer to consider the best available science in rendering decisions concerning the available surface and underground sources of water in this State. (NRS 533.024) Sections 3 and 5 of this bill remove this provision from the legislative declaration and instead require the State Engineer to consider the best available science. Existing law provides that all underground waters within the boundaries or the State, subject to all existing rights to the use thereof, are subject to appropriation for beneficial use under the laws of this State. (NRS 534.020) Section 10 of this bill provides that the appropriation or use of underground waters is subject to all existing rights to the use of the source thereof, if the State Engineer finds that a hydrologic connection exists that is sufficient to cause a conflict with existing rights. Under existing law, the State Engineer is required to determine whether there is unappropriated water in an affected area and may issue permits for a well only if the determination is affirmative. (NRS 534.110) Existing law prohibits the State Engineer from issuing a permit to appropriate water under certain circumstances, including, without limitation, if there is no unappropriated water or where the proposed use or change conflicts with existing rights or with protectable interests or threatens to prove detrimental to the public interest. (NRS 533.370) Section 6 of this bill requires the State Engineer, in determining whether there is unappropriated water, to consider whether the permit would conflict with any hydrologically connected surface water or groundwater. Section 13 of this bill clarifies that the State Engineer must determine whether there is unappropriated water in an affected area in accordance with existing law governing the issuance of permits to appropriate water. Sections 11 and 12 of this bill make conforming changes to revise certain internal references.

Statutes affected:
As Introduced: 533.005, 533.024, 533.370, 533.438, 534.010, 534.020, 534.037, 534.090, 534.110
Reprint 1: 533.024, 533.370, 534.020, 534.037, 534.090, 534.110
BDR: 533.005, 533.024, 533.370, 533.438, 534.010, 534.020, 534.037, 534.090, 534.110