Existing law requires a person to submit an application for a permit to change the place of diversion of water already appropriated. (NRS 533.325-533.345) Existing law provides an exception for a person to sink or bore a replacement well without submitting such an application for a permit if: (1) both the original site of the well and the site of the replacement well are located on property owned by the same person for whom the water has already been appropriated; and (2) the site of the replacement well is located not more than 300 feet from the original place of diversion described on the permit to appropriate water. (NRS 534.065) This bill: (1) expands the exception for a person to sink or bore a replacement well without submitting an application for a permit if both the original site of the well and the site of the replacement well are on public lands; and (2) requires the site of the replacement well to be located anywhere on public lands or on the property of the person who holds the permit to appropriate water that is not more than 300 feet from the original place of diversion described on the permit to appropriate water. This bill further requires a person who is seeking to sink or bore a replacement well on public lands to notify any relevant federal agency that is charged with administering such public lands and to comply with all applicable federal laws.

Statutes affected:
As Introduced: 534.065
Reprint 1: 534.065
As Enrolled: 534.065
BDR: 534.065