Under existing law, a person or entity may apply to temporarily convert agricultural water rights for wildlife purposes or to improve the quality or flow of water for a duration not to exceed 3 years and a temporary conversion may be extended in increments not to exceed 3 years in duration each. (NRS 533.0243) Section 1 of this bill instead provides that a temporary conversion of agricultural water rights may not exceed 5 years in duration and may be extended in increments that may not exceed 5 years in duration each. Section 1: (1) authorizes the State Engineer to deny an application to temporarily convert an agricultural water right or limit the duration of a temporary conversion or an extension of a temporary conversion; and (2) prohibits the State Engineer from approving an application for a temporary conversion under certain circumstances. Section 1 further provides that upon the expiration of a temporary conversion, the agricultural water right must revert to the previous beneficial use. Existing law requires, under certain circumstances, the State Engineer to notify the owner of a water right that the owner has 1 year after the date of the notice to: (1) use the water right beneficially and provide proof of such use to the State Engineer; or (2) apply to the State Engineer for an extension of time to work a forfeiture of the water right. If, after 1 year of the date of the notice, the owner fails to act, the State Engineer is required to declare the right forfeited. Existing law also provides that a right to use underground water may be lost by abandonment under certain circumstances. (NRS 534.090) Section 2 of this bill provides that these provisions relating to forfeiture and abandonment do not apply to water rights which are subject to certain federal or state programs.

Statutes affected:
As Introduced: 533.0243
Reprint 1: 533.0243, 534.090