The 2021 Nevada Senate considers
six water bills, in addition to the nine in the Assembly. The 2021 legislative session began on February 1, 2021 and will conclude June 1, 2021. However, do to mandatory “check points” outlined in Joint Standing Rule 14.3.1, some of the bills are no longer eligible for further consideration, because they did not pass the first committee they were referred to prior to April 9, 2021. For a breakdown of other Joint Standing Rule 14.3.1 “check points,” read our blog on the water bills the Assembly is considering.
While Joint Standing Rule 14.3.1 bars some of the water-related Senate bills, the legislature is still reviewing others.
Senate Bill 98
Senate Bill 98 makes various changes to provisions relating to the Carson Water Subconservancy. The bill revises the boundaries of the Subconservancy’s district to include portions of Storey County within the Carson River hydrologic basin. It also revises provisions related to membership of the Board of Directors. The bill requires two Storey County residents to sit on the Board. Lastly, the bill provides that Storey County is to pay the Subconservancy from the County’s general fund because of its inclusion in the district.
Senate Bill 98 passed the Senate and is currently before the Assembly Committee on Natural Resources.
Senate Bill 149
Senate Bill 149 revises Nevada Revised Statutes (“NRS”) chapter 534 and the authority to establish a groundwater board. The bill primarily includes additional provisions for groundwater basins that are in multiple counties. It further requires those counties’ involvement in the groundwater board.
Further action on Senate Bill 149 is barred by Joint Standing Rule 14.3.1.
Senate Bill 155
Senate Bill 155 revises NRS chapter 532 provisions relating to the Division of Water Resources of the State Department of Conservation and Natural Resources. The bill specifically proposes changing the qualifications necessary to become the head of the Division, now known as the State Engineer. Under the bill, the Division’s head or “Administrator” would not need to be a licensed professional engineer if: (1) a deputy administrator is a licensed professional engineer; and (2) and the person appointed as Administrator has the theoretical knowledge, practical experience, and technical skill necessary for the position.
Further action on Senate Bill 155 is barred by Joint Standing Rule 14.3.1.
Senate Bill 216
Senate Bill 216 revises provision of NRS chapter 239C regarding community water systems. The bill revises the requirements for vulnerability assessments and emergency response plans conducted or prepared by community water systems. It allows systems that must submit such plans pursuant to federal law, to transmit a copy of the same to the Division of Emergency Management and Department of
Public Safety in lieu of producing a plan.
Further action on Senate Bill 216 is barred by Joint Standing Rule 14.3.1.
Senate Bill 238
Senate Bill 238 revises provisions of NRS chapter 445A relating to public water systems. The bill prohibits a local governing body from refusing to assume responsibility for certain public water systems if the applicant has sufficient water rights for the system and the State Engineer has issued documentation supporting the same.
Further action on Senate Bill 238 is barred by Joint Standing Rule 14.3.1.
Senate Joint Resolution 1
Senate Joint Resolution 1 proposes to amend the Nevada Constitution to provide that the Nevada Court of Appeals has original jurisdiction over certain cases related to water and water law. Further action on Senate Joint Resolution 1 is barred by Joint Standing Rule 14.3.1. However, the Nevada Judiciary is now discussing jurisdiction over certain water and water law cases. For further information, see our blog on Nevada’s consideration of water courts.
Interested in more legislative updates? Don’t forget to go back and read our blog on pre-filed Assembly Bills 5, 6, and 15 and this blog outlining the remainder of the 2021 water-related Assembly Bills.
(Image credit: https://knpr.org/knpr/2017-02/what-expect-nevada-legislature; https://www.youtube.com/channel/UC-k1jpdoDwTC475c1CX9cEA)
