The 2015 Nevada Legislative Session “Water” Bills

The 2015 legislative session is underway, and on the docket are two Bill Draft Requests (“BDRs”) related to water rights and water resource management. While these BDRs are likely to change significantly throughout the legislative session, below is a brief summary of their contents.

Senate Bill 65 (SB65) proposes changes to the procedure for adjudicating vested water rights in Nevada, as well as revising law related to applications, permits and certificates. The bill draft also revises rules relating to groundwater withdrawals in certain areas. The following may be sections of interest:

Sections 4, 67, and 75 redefine what constitutes “wasting” water in the state.
Sections 5-8 and 12-44 are new provisions governing adjudications of vested rights.
Section 13 adds requirements that the State Engineer set forth the date when proofs of appropriation under a vested claim are to be submitted, and also requires notice to persons who are known to claim rights to a source.
Section 18 changes rules regarding the order of determination of relative rights during an adjudication, and authorizes the State Engineer to post the order online in lieu of sending a paper copy to each claimant.
Section 20 states that a hearing on objections to the a preliminary order of determination be held within 60 days after the order is issued, and hearings on such orders are now to be reported by a court reporter.
Section 32 adds provisions allowing the State Engineer to require water rotation under an adjudicated system.
Sections 9 and 45-63 amend provisions relating to water right applications, permits, and certificates, and requires to State Engineer to quantify the amount of water put to beneficial use under a certificate.
Section 54 provides requirements for submitting evidence of good faith diligence in putting water to beneficial use, and allows the State Engineer to deny an extension in an area designated as an active management area or critical management area.
Section 60 sets a hard deadline for when one must petition the State Engineer to review a permit or certificate cancellation decision.
Section 64 increases fees before the State Engineer.
Section 73 requires a person wishing to appropriate groundwater to prove that wildlife interests in springs are protected.

Senate Bill 81 (SB 81) revises provisions relating to the designation and regulation of groundwater basins by the State Engineer and creates and updates provisions for the establishment of “Active Management Areas” and “Critical Groundwater Areas.” The following are sections of interest:

Section 3 establishes the criteria to establish an active management areas.
Section 4 creates additional powers the State Engineer can use to more effectively manage active management areas.
Section 8 further updates rules relating to critical groundwater areas and the signature requirements to petition for such a designation.
Section 9 adds, as a consideration for granting an extension to put water to beneficial use, active management area designation.

The above is a summary of the primary changes to water law being contemplated at this year’s legislative session. However, there may be additional issues that may be of individual interest. You can visit the Nevada Legislature website at http://www.leg.state.nv.us/ and review the BDRs in their entirety. Both of these bills have already been heard in the Senate Government Affairs Committees.