Existing law sets forth certain processes by which the State Engineer is required or authorized to designate a basin for administration under certain provisions of law concerning groundwater basins. (NRS 534.030) Existing law further authorizes the State Engineer to make such rules, regulations and orders as are deemed essential for the welfare of a groundwater basin or portion thereof that has been designated by the State Engineer. (NRS 534.120) Section 5 of this bill authorizes the State Engineer, in each area designated as a groundwater basin by the State Engineer, to coordinate with persons who seek to relinquish, by contract or other legal agreement, a right to appropriate water and requires the State Engineer to retire any water right relinquished pursuant to such a contract or agreement. Sections 1-3 of this bill prohibit the appropriation of water for which rights have been retired pursuant to section 5. 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 requires, if the State Engineer judges that the holder of any permit to appropriate public water is not proceeding in good faith and with reasonable diligence to perfect the appropriation, the State Engineer to cancel the permit and authorizes the holder of such a cancelled permit to file a written petition with the State Engineer requesting a review of the cancellation by the State Engineer at a public hearing. Existing law: (1) authorizes, after receiving and considering evidence, the State Engineer to affirm, modify or rescind the cancellation; and (2) provides that if the State Engineer modifies or rescinds the cancellation of the permit, the effective date of the appropriation under the permit is vacated and replaced by the date of the filing of the written petition with the State Engineer. (NRS 533.395) Section 4 of this bill provides that a permit which was cancelled for a failure to timely file a document relating to the permit is not subject to provisions concerning the vacation and replacement date of a permit which was previously cancelled.

Statutes affected:
As Introduced: 533.030, 533.370, 533.371, 533.395
BDR: 533.030, 533.370, 533.371, 533.395