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) 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, existing law requires the State Engineer to cancel the permit and authorizes the holder of a cancelled permit to file a written petition with the State Engineer to review the permit cancellation by way of a public hearing. (NRS 533.395)
Section 1 of this bill provides that the State Engineer may rescind the cancellation of a permit without holding a public hearing and, in such a case, the effective date of the permit is not vacated.
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 1 instead requires the State Engineer, when determining whether to vacate and replace the effective date of the appropriation under the permit, to consider: (1) the procedural history of the permit; (2) whether construction of the works of diversion commenced before cancellation or rescission of the permit; and (3) whether any or all of the appropriation under the permit was placed to beneficial use before the notice of cancellation.