Under existing law, the State Engineer is charged with managing the appropriation of water in this State. (Title 48 of NRS) Section 1 of this bill: (1) authorizes a holder of a perfected water right to submit a water conservation plan to the State Engineer for approval; (2) sets forth certain requirements for such a plan; and (3) authorizes the State Engineer to require a person who submits such a plan to submit periodic statements of the amount of water that is conserved under the plan. Section 1 prohibits: (1) the State Engineer from charging a fee for the submission of a water conservation plan; and (2) a person holding a perfected water right that is subject to water conservation plan from changing the place of diversion, manner of use or place of use of the perfected water right during the term of the water conservation plan. Section 2 of this bill declares the policy of this State to promote and encourage the conservation, development, augmentation and efficient use of the waters of this State. Existing law establishes procedures for the abandonment and forfeiture of water rights. (NRS 533.060, 534.090) Sections 1, 3 and 6 of this bill provide that such provisions do not apply to a perfected water right that is subject to a water conservation plan. Sections 4 and 5 of this bill require the State Engineer to reject an application for a permit to appropriate water if the proposed use conflicts with existing rights, including, without limitation, existing rights that are subject to a water conservation plan. (NRS 533.370, 533.371) Existing law requires that each right of an appropriator to appropriate groundwater allows for a reasonable lowering of the static water level at the appropriator's point of diversion. Existing law further provides that the State Engineer is not prevented from granting permits to appropriate groundwater later in time on the basis that the diversion under the proposed later appropriations may cause the water level to be lowered at the point of diversion of a prior appropriator, so long as any protectable interests in existing domestic wells and the rights of holders of existing appropriations can be satisfied under such conditions. (NRS 534.110) Section 7 of this bill includes any existing rights that are subject to a water conservation plan in the types of rights that must be protected when the State Engineer grants such a permit. Existing law establishes certain powers and duties of the State Engineer in certain designated groundwater basins. (NRS 534.120) Section 8 of this bill authorizes the State Engineer to approve a water conservation plan in such designated basins.

Statutes affected:
As Introduced: 533.024, 533.060, 533.370, 533.371, 534.090, 534.110, 534.120