Existing law requires the State Department of Conservation and Natural Resources to make grants to state agencies, local governments, water conservancy districts, conservation districts and certain nonprofit organizations to protect, preserve and obtain the benefits of the property and natural and cultural resources of this State and requires the Director to adopt regulations to make such grants. (Section 2 of Assembly Bill No. 84, chapter 480, Statutes of Nevada 2019, at page 2861) Existing regulations establish the Nevada Conservation and Recreation Program to make such grants. (LCB File No. R025-22) Section 8 of this bill creates the Program in statute. Section 8 further provides that the Program consists of a grant program to make such grants and the Nevada Voluntary Water Rights Retirement Program. Section 14 of this bill provides that the Program and the Advisory Committee are within the Department. Section 13 of this bill applies the definitions in existing law relating to the Department to the provisions of sections 8-12. Under existing law, any person who wishes to appropriate public waters, or to change the place of diversion, manner of use or place of use of water already appropriated, must apply to the State Engineer for a permit to do so. (NRS 533.325) Existing law further provides that all underground waters within the boundaries of the State are subject to appropriation for beneficial use only under the laws of this State relating to the appropriation and use of water. (NRS 534.020) Section 9 of this bill creates the Account for Retiring Water Rights, to be administered by the Director of the State Department of Conservation and Natural Resources, and requires that the money in the Account only be used for the purchase of water rights for certain purposes. Section 10 of this bill establishes the Nevada Voluntary Water Rights Retirement Program in the Nevada Conservation and Recreation Program, to be administered by the Director, and establishes requirements for the purchase and retirement of water rights. Section 10 also prohibits the Director from accepting applications for the purchase and retirement of water rights after June 30, 2035. Section 4 of this bill: (1) requires the State Engineer to retire water rights purchased by the Nevada Voluntary Water Rights Retirement Program; and (2) prohibits the State Engineer from retiring any water rights from the Program after June 30, 2035. Section 11 of this bill establishes the Advisory Committee for the Nevada Voluntary Water Rights Retirement Program within the Department and requires the Advisory Committee to consult with the Director regarding the provisions of sections 10 and 12 of this bill. Section 12 requires the Director to adopt regulations necessary to carry out the provisions of sections 8-12. Section 24 of this bill requires the Director to adopt these regulations by July 1, 2026. Sections 1-3 of this bill prohibit the appropriation of water for which the rights have been retired pursuant to the Nevada Voluntary Water Rights Retirement Program. Section 25 of this bill provides for the provisions relating to the Account, Advisory Committee and regulations set forth in sections 9, 11, 12 and 14 to expire on June 30, 2035. Sections 15 and 21 of this bill make conforming changes to reflect the expiration of these provisions. Under existing law, the State Engineer may issue temporary permits to appropriate groundwater in certain designated areas which may be revoked under certain circumstances. In areas where these temporary permits have been issued, the State Engineer is required to prohibit the drilling of wells for domestic use if water can be furnished by a public entity presently engaged in furnishing water to the inhabitants of the area. (NRS 534.120) Sections 5, 6, 16 and 22 of this bill revise references to these temporary permits to revocable permits. Section 23 of this bill deems any such existing and valid temporary permit issued by the State Engineer pursuant to existing law before July 1, 2025, to be a revocable permit. Section 5 also requires the State Engineer to prohibit the drilling of wells for domestic use if a property is within 1,250 feet of a service line of a public entity presently engaged in furnishing water to the inhabitants of the area. Existing law establishes a program to provide grants of money to purveyors of water and eligible recipients to pay for certain costs related to water conservation and capital improvements to water systems. Under this program, eligible recipients may receive grants of money to pay the cost of improvements to conserve water. (NRS 349.981) Section 16 includes in the types of improvements for which an eligible recipient could receive a grant: (1) the removal and replacement of grass with water-efficient landscaping, under certain circumstances; and (2) the permanent retirement of groundwater rights for certain purposes. Existing law requires certain recipients of a grant of money from this program to provide an amount of money determined by the Board for Financing Water Projects that will be used for the same purpose as the grant. (NRS 349.983) Section 17 of this bill requires all recipients of a grant of money from this program to provide an amount of money determined by the Board that will be used for the same purpose as the grant. Existing law authorizes a district board of health to create a voluntary financial assistance program to pay 100 percent of the costs for property owners with an existing septic system whose property is served by a municipal water system to connect to the community sewerage disposal system. (NRS 439.3672) Section 18 of this bill establishes certain requirements for a property owner to be eligible to receive financial assistance from this program. Existing law sets forth a legislative declaration relating to the right of the people of this State to clean water and certain policies of this State related to this right to clean water. (NRS 445A.305) Section 19 of this bill sets forth the policy of this State to encourage and promote water reuse in an appropriate manner that is consistent with public health. Existing state law requires the State Environmental Commission to establish water quality standards at a level designed to protect and ensure a continuation of the designated beneficial use or uses for the stream segment or other body of surface water that have been determined applicable by the Commission. (NRS 445A.520) Existing federal law authorizes a state to establish a variance in the water quality standard from the water quality standard determined to protect and ensure a continuation of the designated beneficial use or uses if the state determines that compliance with this standard is not feasible for certain reasons. (40 C.F.R. § 131.14) Section 20 of this bill authorizes the Commission to establish a water quality standard variance in accordance with federal law.

Statutes affected:
As Introduced: 533.030, 533.370, 533.371, 534.120, 534.125, 232.010, 232.090, 349.981, 349.983, 439.3672, 445A.305, 445A.520
BDR: 533.030, 533.370, 533.371, 534.120, 534.125, 232.010, 232.090, 349.981, 349.983, 439.3672, 445A.305, 445A.520