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 requires the Division of Water Resources of the State Department of Conservation and Natural Resources to notify an applicant for a permit to appropriate water or change the place of diversion, manner of use or place of use if the State Engineer assigns a committee within the Division to review the application to appropriate water. Section 1 further requires the committee to complete its review of an application within certain periods of time after the final date for filing a protest. Existing law authorizes the State Engineer, upon application, to grant an extension time for an applicant for a permit to appropriate water to: (1) file certain instruments required to be filed with an application to appropriate water; (2) complete construction of the works of diversion or apply water to a beneficial use; (3) file proof of the completion of the works of diversion; and (4) file proof of application of water to beneficial use. (NRS 533.355, 533.380, 533.390, 533.410) Sections 2, 4, 6 and 8 of this bill require the State Engineer to approve or deny such an extension not later than 30 days after the date the application for an extension is received by the State Engineer. Existing law requires, with certain exceptions, the State Engineer to approve or reject each application to appropriate water within 2 years after the final date for filing a protest. (NRS 533.370) Section 3 of this bill requires the State Engineer to approve or reject an application to appropriate water that results in a nonconsumptive use not later than 30 days after the final date for filing a protest if no protests were filed during the period for filing a protest. Section 9 of this bill requires the State Engineer to issue a permit not later than 14 days after receiving the applicable fees for the issuance and recording of the permit. Existing law requires a person who is conveyed an application or permit to appropriate water, a certificate of appropriation, an adjudicated or unadjudicated water right or an application or permit to change the place of diversion, manner of use or place of use of water to file a report of conveyance with the State Engineer. (NRS 533.384) Existing law also requires the State Engineer to review the report of conveyance and make certain determinations to confirm or reject the report of conveyance. (NRS 533.386) Section 5 of this bill requires that the review of a report of conveyance be completed not later than 14 days after the report of conveyance is filed with the State Engineer. Existing law requires: (1) a person who holds a permit to appropriate water or change the place of diversion or manner of use to file proof of completion of the work and proof of application of water to beneficial use, which consists of a statement describing the works actually constructed, a statement that includes certain information relating to the application of water to beneficial use and an accompanying map under certain circumstances by the date set for completion of the work and the date set for application of water to beneficial use, respectively; and (2) the State Engineer to hold the permit for cancellation if these proofs are not filed by these dates. (NRS 533.390, 533.400, 533.405, 533.410) Sections 6 and 7 of this bill require the State Engineer to notify the holder of a permit not later than 30 days before the date set for the completion of such work and the date set for the application of water to beneficial use that the permit will be held for cancellation if the proof of completion of the work or proof of application of water to beneficial use is not filed by such date.

Statutes affected:
As Introduced: 533.355, 533.370, 533.380, 533.386, 533.390, 533.400, 533.410, 533.435
BDR: 533.355, 533.370, 533.380, 533.386, 533.390, 533.400, 533.410, 533.435