The Assembly Committee on Natural Resources, Agriculture and Mining will hear three bills prefiled on behalf of the Division of Water Resources at their meeting on Wednesday, February 27th beginning at 4:00 p.m.
AB30 provides that before rejecting an application because the proposed use or change conflicts with existing rights or protectable interests, the State Engineer may consider certain proposals to avoid or eliminate the conflict. The bill also authorizes the State Engineer to approve the application for such a permit on the conditions that before the water is appropriated for beneficial use: (1) every measure or action included in the proposal that the State Engineer determines is necessary to avoid or eliminate the conflict is taken; and (2) the conflict is avoided or eliminated.
AB51 requires the State Engineer to adopt regulations related to the conjunctive management of groundwater and surface water. The regulations may include, without limitation: (1) requirements or guidelines for establishing mitigation plans; (2) the creation of a program for the conjunctive management of groundwater and surface water in a particular hydrographic basin to mitigate conflicts between groundwater and surface water users; and (3) any other provision necessary to conjunctively manage groundwater and surface water, determine the amount of conflict between groundwater and surface water users or resolve a conflict between groundwater and surface water users. This bill also authorizes the State Engineer to levy certain special assessments related to a program for the conjunctive management of groundwater and surface water.
AB62 revises the provisions relating to extending the deadline by which construction related to the appropriation of water must be completed and also also authorizes the State Engineer to suspend the limitation of time for the completion of construction set forth in a permit or any extension if the permit holder submits sufficient proof to the State Engineer demonstrating that the person has been unable to complete the work because of certain pending administrative or court actions
The Central Nevada Regional Water Authority is opposed to AB30 as it allows mitigation of known impacts to existing rights and significantly weakens the protection that existing water right holders and domestic well owners have in Nevada water law. CNRWA has similar concerns about AB51. CNRWA did not take a position on AB62, however, questions have been raised regarding how dedicated water rights held by utilities in excess of current needs, including those for undeveloped lots, would be affected by AB62.