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 5 of this bill creates the Account for Purchasing and 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 expended for the purchase of water rights in groundwater basins that are over appropriated. Section 6 of this bill establishes the Nevada Water Buy-Back Initiative 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 6.4 of this bill requires the State Engineer to retire water rights purchased by the Nevada Water Buy-Back Initiative. Section 6.2 of this bill establishes the Advisory Committee for the Nevada Water Buy-Back Initiative within the Department and requires the Advisory Committee to consult with the Director regarding the provisions of sections 4.5-6.6 of this bill. Section 6.6 requires the Director to adopt regulations necessary to carry out the provisions of sections 4.5-6.6. Section 9.5 of this bill requires the Director to adopt such regulations by July 1, 2025. Section 4.5 of this bill defines certain terms relating to the provisions of sections 4.5-6.6. Sections 1-3 of this bill prohibit the appropriation of water that has been retired pursuant to the Nevada Water Buy-Back Initiative. Existing law requires the Department 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 chapter 480, Statutes of Nevada 2019, at page 2861) Existing regulations create the Nevada Conservation and Recreation Program to make such grants. (LCB File No. R025-22) Section 8.2 of this bill creates the Program in statute. Section 8.2 further provides that the Program consists of a grant program to make such grants and the Nevada Water Buy-Back Initiative. Section 8.6 of this bill provides that the Program and the Advisory Committee are within the Department. Section 8.4 of this bill makes a conforming change to indicate the proper placement of section 8.2 in the Nevada Revised Statutes. Section 9 of this bill makes an appropriation to the Account for Purchasing and Retiring Water Rights for the costs incurred by the Director and the Nevada Conservation and Recreation Program in administering the Nevada Water Buy-Back Initiative and for the purchase of water rights.

Statutes affected:
As Introduced: 533.030, 533.370, 533.371, 534.040, 233B.039
Reprint 1: 533.030, 533.370, 533.371, 232.010, 232.090
BDR: 533.030, 533.370, 533.371, 534.040, 233B.039