Revises provisions relating to water. (BDR 48-383)

- 83rd Session (2025)
Assembly Bill No. 104–Committee on Natural Resources

CHAPTER..........

AN ACT relating to water; requiring the State Engineer to retire
certain groundwater rights; revising provisions relating to
temporary permits to appropriate groundwater; crea ting the
Nevada Conservation and Recreation Program; creating
the Account for Retiring Water Rights; establishing the
Nevada Voluntary Water Rights Retirement Program ;
requiring the Director of the State Department of Conservation
and Natural Resources to purchase certain water rights with
money from the Account for the purpose of retiring those
water rights; revising provisions relating to the program to
provide grants of money to pay certain costs related to water
conservation and capital improvements to water systems;
revising provisions relating to a program to pay the costs for
property owners to connect to a community sewerage disposal
system under certain circumstances; revising certain legislative
declarations relating to clean water and water pollu tion;
authorizing the State Environmental Commission to establish a
water quality standard variance; revising provisions relating to
an irrigation water efficiency monitoring program established
by the Southern Nevada Water Authority; revising provisions
relating to membership on the Advisory Committee for the
Management of Groundwater in the Las Vegas Valley
Groundwater Basin; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law requires the State Department of Conservation and Natural
Resources 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 cu ltural resources
of this State and requires the Director to adopt regulations to make such grants.
(Section 2 of Assembly Bill No. 84, chapter 480, Statutes of Nevada 2019, at page
2861) Existing regulations establish the Nevada Conservation and Recreation
Program to make such grants. (LCB File No. R025-22) Section 8 of this bill creates
the Program in statute. Section 8 further provides that the Program consists of a
grant program to make such grants and the Nevada Voluntary Water Rights
Retirement Program. Section 14 of this bill provides that the Program is within the
Department. Section 13 of this bill applies the definitions in existing law relating to
the Department to the provisions of sections 8-10 of this bill.
Under existing law, any person who wi shes 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 wa ters 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 9
creates the Account for Retiring Water Rights, to be administe red by the Director

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of the State Department of Conservation and Natural Resources, and requires that
the money in the Account only be used for the purchase of decreed or certificated
groundwater rights for certain purposes. Section 10 establishes the Nevad a
Voluntary Water Rights Retirement Program in the Nevada Conservation and
Recreation Program, to be administered by the Director, and establishes
requirements for : (1) the purchase and retirement of decreed or certificated
groundwater rights; and (2) the acceptance of donations of groundwater rights.
Section 10 also prohibits the Director from accepting donations and applications
for the purchase and retirement of such groundwater rights after June 30, 2035.
Section 21 of this bill makes conforming changes to reflect that the Director may
not accept applications or donations after that date.
Section 4 of this bill: (1) requires the State Engineer to retire all decreed or
certificated water rights purchased by or donated to the Nevada Voluntary Water
Rights Retirement Program; and (2) prohibits the State Engineer from retiring any
groundwater rights from the Program unless the purchase or donation of the
groundwater right was approved by the Director on or before June 30, 2035.
Sections 1-3 of this bill prohibit the appropriation of water for which the rights
have been retired pursuant to the Nevada Voluntary Water Rights Retirement
Program.
Section 25 of this bill provides for the provisions relating to the Account set
forth in section 9 to expire on June 30, 2035. Section 21 of this bill makes a
conforming change to reflect the expiration of these provisions.
Under existing law, the State Engineer may issue temporary permits to
appropriate groundwater in certain de signated areas which may be revoked under
certain circumstances. In areas where these temporary permits have been issued, the
State Engineer is required to prohibit the drilling of wells for domestic use if water
can be furnished by a public entity present ly engaged in furnishing water to the
inhabitants of the area. (NRS 534.120) Sections 5, 6, 16 and 22 of this bill revise
references to these temporary permits to revocable permits.
Section 23 of this bill deems any such existing and valid temporary permi t
issued by the State Engineer pursuant to existing law before July 1, 2025, to be a
revocable permit. Section 5 also requires the State Engineer to prohibit the drilling
of wells for domestic use if a property is within 1,250 feet of a service line of a
public entity presently engaged in furnishing water to the inhabitants of the area.
Existing law establishes a p rogram to provide grants of money to purveyors of
water and eligible recipients to pay for certain costs related to water conservation
and capital improvements to water systems. Under this program, eligible recipients
may receive grants of money to pay the cost of improvements to conserve water.
(NRS 349.981) Section 16 includes in the types of improvements for which an
eligible recipient could receive a grant: (1) the removal and replacement of grass
with water -efficient landscaping, under certain circumst ances; and (2) the
permanent retirement of groundwater rights for certain purposes.
Existing law requires certain recipients of a grant of money from this program to
provide an amount of money determined by the Board for Financing Water Projects
that will be used for the same purpose as the grant and which must be based upon the
average household income of the customers of the recipient. (NRS 349.983) Section
17 of this bill instead requires the amount of money provided by a recipient to be
based upon the median household income of the customers of the recipient.
Existing law authorizes a district board of health to create a voluntary financial
assistance program to pay 100 percent of the costs for property owners with an
existing septic system whose pro perty is served by a municipal water system to
connect to the community sewerage disposal system. (NRS 439.3672) Section 18

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of this bill establishes certain requirements for a property owner to be eligible to
receive financial assistance from this program.
Existing law sets forth a legislative declaration relating to the right of the
people of this State to clean water and certain policies of this State related to this
right to clean water. (NRS 445A.305) Section 19 of this bill sets forth the policy of
this State to encourage and promote water reuse in an appropriate manner that is
consistent with public health.
Existing state law requires the State Environmental Commission to establish
water quality standards at a level designed to protect and ensure a continuation of
the designated beneficial use or uses for the stream segment or other body of
surface water that have been determined applicable by the Commission. (NRS
445A.520) Existing federal law authorizes a state to establish a variance in the
water quality standard from the water quality standard determined to protect and
ensure a continuation of the designated beneficial use or uses if the state determines
that compliance with this standard is not feasible for certain reasons. (40 C.F.R. §
131.14) Section 20 of this bill authorizes the Commission to establish a water
quality standard variance in accordance with federal law.
The Conservation of Colorado River Water Act establishes certain provisions
relating to conserving the waters of the Colorado River, including requiring certain
parcels of property which use such waters to participate in an irrigation water
efficiency monitoring program. (Chapter 364, Statutes of Nevada 2021, at page
2179) The Act requires the Board of Directors of the Southern N evada Water
Authority to: (1) establish deadlines for an owner of such a parcel of property to
begin participating in the program; and (2) notify the owner that he or she is
required to participate by not later than January 1, 2025. (Section 30 of chapter 210,
Statutes of Nevada 2023, at page 1283) Section 21.5 of this bill instead requires the
Board of Directors to notify the owner not less than 1 year before the program is
established.
Existing law authorizes the Southern Nevada Water Authority to create an
Advisory Committee for the Management of Groundwater in the Las Vegas Valley
Groundwater Basin. If a member appointed to the Committee resigns or is unable to
serve, the Board of Dire ctors is required to appoint a person to fill the vacancy not
later than 90 days after the vacancy occurs. ( Section 8 of chapter 572, Statutes of
Nevada 1997, as last amended by chapter 517, Statutes of Nevada 2017, at page
3507) Section 21.7 of this bill removes the requirement for the Board of Directors
to fill the vacancy not later than 90 days after the vacancy occurs.

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 533.030 is hereby amended to read as follows:
533.030 1. Subject to existing rights, and except as otherwise
provided in this section and NRS 533.0241, 533.027 and 533.028,
and section 4 of this act, all water may be appropriated for
beneficial use as provided in this chapter and not otherwise.
2. The use of water, from any stream system as provided in this
chapter and from underground water as provided in NRS 534.080,
for any recreational purpose, or the use of water from the Muddy

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River or the Virgin River to create any developed shortage supply or
intentionally created surplus, is hereby declared to be a beneficial
use. As used in this subsection:
(a) “Developed shortage supply” has the meaning ascribed to it
in Volume 73 of the Federal Register at page 19884, April 11, 2008,
and any subsequent amendment thereto.
(b) “Intentionally created surplus” has the meaning ascribed to it
in Volume 73 of the Federal Register at page 19884, April 11, 2008,
and any subsequent amendment thereto.
3. Except as otherwise provided in subsection 4, in any county
whose population is 700,000 or more:
(a) The board of county commissioners may prohibit or restrict
by ordinance the use of water and effluent for recreational purposes
in any artificially created lake or stream located within the
unincorporated areas of the county.
(b) The governing body of a city may prohibit or restrict by
ordinance the use of water and effluent for recreational purposes in
any artificially created lake or stream located within the boundaries
of the city.
4. In any county whos e population is 700,000 or more, the
provisions of subsection 1 and of any ordinance adopted pursuant to
subsection 3 do not apply to:
(a) Water stored in an artificially created reservoir for use in
flood control, in meeting peak water demands or for pur poses
relating to the treatment of sewage;
(b) Water used in a mining reclamation project; or
(c) A body of water located in a recreational facility that is open
to the public and owned or operated by the United States or the State
of Nevada.
Sec. 2. NRS 533.370 is hereby amended to read as follows:
533.370 1. Except as otherwise provided in this section and
NRS 533.0241, 533.345, 533.371, 533.372 and 533.503, and
section 4 of this act, the State Engineer shall approve an application
submitted in proper form which contemplates the application of
water to beneficial use if:
(a) The application is accompanied by the prescribed fees;
(b) The proposed use or change, if within an irrigation district,
does not adversely affect the cost of water for other holders of water
rights in the district or lessen the efficiency of the district in its
delivery or use of water; and
(c) The applicant provides proof satisfactory to the State
Engineer of the applicant’s:

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(1) Intention in good faith to construct any work necessary to
apply the water to the intended beneficial use with reasonable
diligence; and
(2) Financial ability and reasonable expectation actually to
construct the work and apply the water to the intended beneficial use
with reasonable diligence.
2. Except as otherwise provided in subsection 10, [where there]
the State Engineer shall reject an application and refuse to issue
the requested permit if:
(a) There is no unappropriated water in the proposed source of
supply [, where the] ;
(b) The groundwater that has not been committed for use has
been reserved pursuant to NRS 533.0241 ;
(c) The application requests a change to or reinstatement of
groundwater rights that have been retired pursuant to section 4 of
this act; or [where its]
(d) The proposed use or change conflicts with existing rights or
with protectable interests in existing domestic wells as set forth in
NRS 533.024 [,] or threatens to prove detrimental to the public
interest . [, the State Engineer shall reject the application and refuse
to issue the requested permit.]
 If a previous application for a similar use of water within the
same basin has been rejected on those grounds, the new application
may be denied without publication.
3. In addition to the criteria set forth in subsections 1 and 2, in
determining whether an application for an interbasin transfer of
groundwater must be rejected pursuant to this section, the State
Engineer shall consider:
(a) Whether the applicant has justifie d the need to import the
water from another basin;
(b) If the State Engineer determines that a plan for conservation
of water is advisable for the basin into which the water is to be
imported, whether the applicant has demonstrated that such a plan
has been adopted and is being effectively carried out;
(c) Whether the proposed action is environmentally sound as it
relates to the basin from which the water is exported;
(d) Whether the proposed action is an appropriate long -term use
which will not unduly l imit the future growth and development in
the basin from which the water is exported; and
(e) Any other factor the State Engineer determines to be
relevant.
4. Except as otherwise provided in this subsection and
subsections 6 and 10 and NRS 533.365, the State Engineer shall

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approve or reject each application within 2 years after the final date
for filing a protest. The State Engineer may postpone action:
(a) Upon written authorization to do so by the applicant.
(b) If an application is protested.
(c) If the purpose for which the application was made is
municipal use.
(d) In areas where studies of water supplies have been
determined to be necessary by the State Engineer pursuant to
NRS 533.368.
(e) Where court actions or adjudications are pending, which may
affect the outcome of the application.
(f) In areas in which adjudication of vested water rights is
deemed necessary by the State Engineer.
(g) On an application for a permit to change a vested water right
in a basin where vested water rights have not been adjudicated.
(h) Where authorized entry to any land needed to use the water
for which the application is submitted is required from a
governmental agency.
(i) On an application for which the State Engineer has required
additional information pursuant to NRS 533.375.
5. If the State Engineer does not act upon an application in
accordance with subsections 4 and 6, the application remains active
until approved or rejected by the State Engineer.
6. Except as otherwise provided in this subsecti on and
subsection 10, the State Engineer shall approve or reject, within 6
months after the final date for filing a protest, an application filed to
change the point of diversion of water already appropriated when
the existing and proposed points of divers ion are on the same
property for which the water has already been appropriated under
the existing water right or the proposed point of diversion is on real
property that is proven to be owned by the applicant and is
contiguous to the place of use of the ex isting water right. The State
Engineer may postpone action on the application pursuant to
subsection 4.
7. If the State Engineer has not approved, rejected or held a
hearing on an application within 7 years after the final date for filing
a protest, the State Engineer shall cause notice of the application to
be republished and reposted pursuant to NRS 533.360 immediately
preceding the time at which the State Engineer is ready to approve
or reject the application. The cost of the republication must be paid
by the applicant. After such republication and reposting, a protest
may be filed in accordance with NRS 533.365.

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8. If a hearing is held regarding an application, the decision of
the State Engineer must be in writing and include findings of fact,
conclusions of law and a statement of the underlying facts
supporting the findings of fact. The written decision may take the
form of a transcription of an oral ruling. The rejection or approval of
an application must be endorsed on a copy of the original
application, and a record must be made of the endorsement in the
records of the State Engineer. The copy of the application so
endorsed must be returned to the applicant. Except as otherwise
provided in subsection 11, if the application is approved, the
applicant may, on receipt thereof, proceed with the construction of
the necessary works and take all steps required to apply the water to
beneficial use and to perfect the proposed appropriation. If the
application is rejected, the applicant may take no steps towa rd the
prosecution of the proposed work or the diversion and use of
the public water while the rejection continues in force.
9. If a person is the successor in interest of an owner of a water
right or an owner of real property upon which a domestic well is
located and if the former owner of the water right or real property on
which a domestic well is located had previously filed a written
protest against the granting of an application, the successor in
interest must be allowed to pursue that protest in t he same manner
as if the successor in interest were the former owner whose interest
he or she succeeded. If the successor in interest wishes to pursue the
protest, the successor in interest must notify the State Engineer in a
timely manner on a form provided by the State Engineer.
10. The provisions of subsections 1 to 9, inclusive, do not
apply to an application for an environmental permit or a temporary
permit issued pursuant to NRS 533.436 or 533.504.
11. The provisions of subsection 8 do not authori ze the
recipient of an approved application to use any state land
administered by the Division of State Lands of the State Department
of Conservation and Natural Resources without the appropriate
authorization for that use from the State Land Registrar.
12. As used in this section, “domestic well” has the meaning
ascribed to it in NRS 534.350.
Sec. 3. NRS 533.371 is hereby amended to read as follows:
533.371 The State Engineer shall reject the application and
refuse to issue a permit to appropriate water for a specified period if
the State Engineer determines that:
1. The application is incomplete;
2. The prescribed fees have not been paid;
3. The proposed use is not temporary;

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4. There is no water available from the proposed source of
supply without exceeding the perennial yield or safe yield of that
source;
5. The groundwater that has not been committed for use from
the proposed source of supply has been reserved pursuant to
NRS 533.0241;
6. The application requests a change to or reinstatement of
groundwater rights that have been retired pursuant to section 4 of
this act;
7. The proposed use conflicts with existing rights; or
[7.] 8. The proposed use threatens to prove detrimental to the
public interest.
Sec. 4. Chapter 534 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. The State Engineer shall retire all decreed or certificated
groundwater rights purchased by or donated to the Nevada
Voluntary Water Rights Retirement Program pursuant to section
10 of this act using any appropriate mechanism, as determined by
the State Engineer, and preclude that groundwater from
appropriation. Any decreed or certificated groundwater right that
has been retired pursuant to this section is not available for any
use and shall be deemed to be retired in the source in perpetuity.
2. The State Engineer shall not retire any decreed or
certificated groundwater right pursuant to subsection 1 unless the
purchase of the groundwater right or the donation of the
groundwater right was approved by the Director of the State
Department of Conservation and Natural Resources pursuant to
section 10 of this act on or before June 30, 2035.
Sec. 5. NRS 534.120 is hereby amended to read as follows:
534.120 1. Within an area that has been designated by the
State Engineer, as provided for in this chapter, where, in the
judgment of the State Engineer, the groundwater basin is being
depleted, the State Engineer in his or her administrative capacity
may make such rules, regulations and orders as are deemed essential
for the welfare of the area involved.
2. In the interest of public welfare, the State Engineer is
authorized and direc ted to designate preferred uses of water within
the respective areas so designated by the State Engineer and from
which the groundwater is being depleted, and in acting on
applications to appropriate groundwater, the State Engineer may
designate such preferred uses in different categories with respect to
the particular areas involved within the following limits:

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(a) Domestic, municipal, quasi -municipal, industrial, irrigation,
mining and stock-watering uses; and
(b) Any uses for which a county, city, town, public water district
or public water company furnishes the water.
3. The State Engineer may only issue [temporary] revocable
permits to appropriate groundwater if water cannot be furnished by
a public entity such as a water district or municipality pr esently
engaged in furnishing water to the inhabitants thereof. Such
[temporary] revocable permits can be limited as to time and may be
revoked if and when:
(a) Water can be furnished by a public entity such as a water
district or a municipality presently engaged in furnishing water to
the inhabitants thereof; and
(b) The property served is within 1,250 feet of the water
furnished pursuant to paragraph (a).
 The holder of a [temporary] revocable permit that is revoked
pursuant to this subsection must be given 730 days from the date of
revocation to connect to the public entity furnishing water.
4. In a basin designated pursuant to NRS 534.030, the State
Engineer may:
(a) Deny applications to appropriate groundwater for any use in
areas served by a pu blic entity such as a water district or a
municipality presently engaged in furnishing water to the
inhabitants of the area.
(b) Limit the depth of domestic wells.
(c) Prohibit the drilling of wells for domestic use in areas where
water can be furnished by a public entity such as a water district or a
municipality presently engaged in furnishing water to the
inhabitants thereof.
(d) In connection with the approval of a parcel map in which
any parcel is proposed to be served by a domestic well, require th e
dedication to a city or county or a designee of a city or county, or
require a relinquishment to the State Engineer, of any right to
appropriate water required by the State Engineer to ensure a
sufficient supply of water for each of those parcels, unless the
dedication of the right to appropriate water is required by a local
ordinance.
5. In an area in which revocable permits have been issued
[temporary permits] pursuant to subsection 3, the State Engineer:
(a) Shall:
(1) Deny any applications to appropriate groundwater for use
in areas served by a public entity such as a water district or a
municipality presently engaged in furnishing water;

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(2) Limit the depth of a domestic well; or
(3) Prohibit the drilling of wells for domestic use [in area s
where water can be furnished by ] if a property is within 1,250 feet
of a service line of a public entity such as a water district or a
municipality presently engaged in furnishing water to the
inhabitants; and
(b) May prohibit repairs from being made to a domestic well,
and may require the person proposing to deepen or repair the
domestic well to obtain water from a public entity such as a water
district or a municipality engaged in furnishing water to the
inhabitants of the designated area, only if:
(1) The distance from the property line of any parcel served
by the well to the pipes and other appurtenances of the proposed
source of water to which the property will be connected is not more
than 180 feet; and
(2) The deepening or repair of the well would require the use
of a well-drilling rig.
6. For good and sufficient reasons, the State Engineer may
exempt the provisions of this section with respect to public housing
authorities.
7. The provisions of this section do not prohibit the State
Engineer from revoking a [temporary] revocable permit issued
pursuant to this section if any parcel served by a well pursuant to the
[temporary] revocable permit is currently obtaining water from a
public entity such as a water district or a municipality engaged in
furnishing water to the inhabitants of the area.
Sec. 6. NRS 534.125 is hereby amended to read as follows:
534.125 If the State Engineer issues a [temporary] revocable
permit pursuant to NRS 534.120 or if a well for domestic use is
drilled in an area in which the State Engineer has issued such a
[temporary] revocable permit, the State Engineer shall file a notice
with the county recorder of the county in which the permit is issued
or the well is drilled. The notice must include a statement indicating
that, if and when water can be furnished by an entity such as a water
district or a municipality engaged in furnishing water to the
inhabitants of the designated area:
1. A [temporary] revocable permit may be revoked;
2. The owner of a domestic well may be prohibited from
deepening or repairing the well; and
3. The owner of the property served by the well may be
required to connect to this water source at his or her own expense.

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Sec. 7. Chapter 232 of NRS is hereby amended by adding
thereto the provisions set forth as sections 8 to 12, inclusive, of this
act.
Sec. 8. 1. The Nevada Conservation and Recreation
Program is hereby created within the Department to protect,
preserve and obtain the benefits of the property and natural and
cultural resources of this State. The Director shall administer the
Program.
2. The Ne vada Conservation and Recreation Program
consists of:
(a) A grant program to make grants in accordance with
subsections 8, 9 and 10 of section 2 of chapter 480, Statutes of
Nevada 2019, at page 2861; and
(b) The Nevada Voluntary Water Rights Retirement P rogram
established by section 10 of this act.
3. The Director may adopt regulations to carry out the
provisions of this section.
Sec. 9. 1. The Account for Retiring Water Rights is hereby
created in the State General Fund.
2. The Account for Retiring Water Rights must be
administered by the Director in accordance with the Nevada
Voluntary Water Rights Retirement Program established by
section 10 of this act. In addition to any direct legislative
appropriation, the Dire ctor may apply for and accept any gift,
donation, bequest, grant, federal money or other source of money
for deposit in the Account for Retiring Water Rights.
3. The money in the Account for Retiring Water Rights must
only be used for administering the N evada Voluntary Water
Rights Retirement Program established by section 10 of this act, to
purchase decreed or certificated groundwater rights for retirement
pursuant to section 10 of this act and to provide matching money
required as a condition of accepting any source of money that
would result in the retirement of groundwater rights pursuant to
sections 4 and 10 of this act.
4. The money in the Account for Retiring Water Rights or
any portion of the money in the Account for Retiring Water Rights
may be invested or reinvested in accordance with the provisions of
chapter 355 of NRS. The proceeds of such investments and the
interest and income earned on the money in the Account for
Retiring Wa ter Rights, after deducting any applicable charges,
must be credited to the Account for Retiring Water Rights.
5. Any money remaining in the Account for Retiring Water
Rights at the end of a fiscal year does not revert to the State

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General Fund, and the balance in the Account for Retiring Water
Rights must be carried forward to the next fiscal year.
6. The Director may enter into an agreement with a public or
private entity to apply for, obtain or manage any money
contributed to the Account for Retiring Water Rights.
Sec. 10. 1. The Nevada Voluntary Water Rights Retirement
Program is hereby established in the Nevada Conservation and
Recreation Program created by section 8 of this act to purchase
and retire decreed or certificated groundwater rights from willing
sellers and to accept donations of groundwater rights for
retirement in order to:
(a) Protect the natural resources of this State;
(b) Address declining levels of groundwater; or
(c) Address conflicts wit h existing rights or with protectable
interests in existing domestic wells.
2. The Nevada Voluntary Water Rights Retirement Program
must be administered by the Director. In administering the
Program, the Director shall, to the extent money is available in the
Account for Retiring Water Rights created by section 9 of this act,
identify and purchase decreed or certificated groundwater rights
for retirement by the State Engineer pursuant to section 4 of this
act from persons willing to retire those groundwater rights in
groundwater basins where:
(a) An order issued by the State Engineer pr ecludes the
issuance of permit s for new appropriations of groundwater in the
groundwater basin; or
(b) The retirement of groundwater rights in the groundwater
basin meets any purpose set forth in subsection 1.
3. The Director shall document in writing the purpose of
each decreed or certificated ground water right that is purchased
by or donated to the Program and file the written document wi th
the State Engineer.
4. When sufficient money is available in the Account for
Retiring Water Rights created by section 9 of this act, the Director
may accept applications for the purchase and retirement of
decreed or certificated groundwater rights.
5. The Director shall not accept donations or applications for
the purchase and retirement of decreed or certificated
groundwater rights after June 30, 2035.
Secs. 11 and 12. (Deleted by amendment.)
Sec. 13. NRS 232.010 is hereby amended to read as follows:
232.010 As used in NRS 232.010 to 232.162, inclusive [:] ,
and sections 8 to 12, inclusive, of this act:

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1. “Department” means the State Department of Conservation
and Natural Resources.
2. “Director” means the Director of the State Department of
Conservation and Natural Resources.
Sec. 14. NRS 232.090 is hereby amended to read as follows:
232.090 1. The Department consists of the Director and the
following:
(a) The Division of Water Resources.
(b) The Division of State Lands.
(c) The Division of Forestry.
(d) The Division of State Parks.
(e) The Division of Environmental Protection.
(f) The Office of Historic Preservation.
(g) The Division of Outdoor Recreation.
(h) The Division of Natural Heritage.
(i) Such other divisions as the Director may from time to time
establish.
2. The State Environmental Commission, the State
Conservation Commission, the Commission for Cultural Centers
and Historic Preservation, the Commission on Off -Highway
Vehicles, the Conservation Districts Program, the Sagebrush
Ecosystem Council , the Nevada Conservation and Recreation
Program and the Boa rd to Review Claims are within the
Department.
Sec. 15. (Deleted by amendment.)
Sec. 16. NRS 349.981 is hereby amended to read as follows:
349.981 1. There is hereby established a program to provide
grants of money to:
(a) A purveyor of water to pay for costs of capital improvements
to publicly owned community water systems and publicly owned
nontransient water systems required or made necessary by the State
Environmental Commission pursu ant to NRS 445A.800 to
445A.955, inclusive, or made necessary by the Safe Drinking Water
Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant
thereto.
(b) An eligible recipient to pay for the cost of improvements to
conserve water, including, without limitation:
(1) Piping or lining of an irrigation canal;
(2) [Recovery] Recovering or recycling [of] wastewater or
tailwater;
(3) Scheduling of irrigation;
(4) [Measurement] Measuring or metering [of] the use of
water;

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(5) Improving the efficiency of irrigation operations; [and]
(6) Improving the efficiency of the operation of a facility for
the storage of water, including, without limitation, efficiency in
diverting water to such a facility [.] ;
(7) Removing grass and replacing grass with water-efficient
landscaping, if the removal of the grass is secured by a
conservation easement; and
(8) Permanently retiring groundwater rights pursuant to
section 4 of this act to:
(I) Protect the natural resources of this State;
(II) Address declining levels of groundwater; or
(III) Address conflicts with existing rights or with
protectable interests in existing domestic wells.
(c) An eligible recipient to pay the following costs associated
with connecting a domestic well or well with a [temporary]
revocable permit to a municipal water system, if the well was in
existence on or before October 1, 1999, and the well is located in an
area designated by the State Engineer pursuant to NRS 534.120 as
an area where the groundwater basin is being depleted:
(1) Any local or regional fee for connection to the municipal
water system.
(2) The cost of any capital improvement that is required to
comply with a decision or regulation of the State Engineer.
(d) An eligible recipient to pay the following costs associated
with abandoning an individual sewage disposal system and
connecting the property formerly served by the abandoned
individual sewage disposal system to a community sewage disposal
system, if the Division of Environmental Protection requires the
individual sewage disposal system to be abandoned and the property
upon which the individual sewage disposal system was located to be
connected to a community sewage disposal system pursuant to the
provisions of NRS 445A.300 to 445A .730, inclusive, or any
regulations adopted pursuant thereto:
(1) Any local or regional fee for connection to the
community sewage disposal system.
(2) The cost of any capital improvement that is required to
comply with a statute of this State or a dec ision, directive, order or
regulation of the Division of Environmental Protection.
(e) An eligible recipient to pay the following costs associated
with abandoning an individual sewage disposal system and
connecting the property formerly served by the aban doned
individual sewage disposal system to a community sewage disposal
system, if the Division of Environmental Protection approves a

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- 83rd Session (2025)
program or project for the protection of groundwater quality
developed by the State or a local government that provides fo r the
abandonment of an individual sewage disposal system and the
connection of the property upon which the individual sewage
disposal system was located to a community sewage disposal
system pursuant to the provisions of NRS 445A.300 to 445A.730,
inclusive, or any regulations adopted pursuant thereto:
(1) Any local or regional fee for connection to the
community sewage disposal system.
(2) The cost of any capital improvement that is required to
comply with a statute of this State or a decision, directi ve, order or
regulation of the Division of Environmental Protection.
(f) An eligible recipient to pay the following costs associated
with plugging and abandoning a well and connecting the property
formerly served by the well to a municipal water system, if the State
Engineer requires the plugging of the well pursuant to subsection 3
of NRS 534.180 or if the quality of the water of the well fails to
comply with the standards of the Safe Drinking Water Act, 42
U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto:
(1) Any local or regional fee for connection to the municipal
water system.
(2) The cost of any capital improvement that is required for
the water quality in the area where the well is located to comply
with the standards of the Safe Drinking Water Act, 42 U.S.C. §§
300f et seq., and the regulations adopted pursuant thereto.
(3) The cost of plugging and abandoning a well and
connecting the property formerly served by the well to a municipal
water system.
(g) A governing body to pay the costs associated with
developing and maintaining a water resource plan.
2. Except as otherwise provided in NRS 349.983, the
determination of who is to receive a grant is solely within the
discretion of the Board.
3. For any construction work p aid for in whole or in part by a
grant provided pursuant to this section to a nonprofit association or
nonprofit cooperative corporation that is an eligible recipient, the
provisions of NRS 338.013 to 338.090, inclusive, apply to:
(a) Require the nonprofi t association or nonprofit cooperative
corporation to include in the contract for the construction work the
contractual provisions and stipulations that are required to be
included in a contract for a public work pursuant to those statutory
provisions.

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- 83rd Session (2025)
(b) Require the nonprofit association or nonprofit cooperative
corporation to comply with those statutory provisions in the same
manner as if it was a public body that had undertaken the project or
had awarded the contract.
(c) Require the contractor who is awarded the contract for the
construction work, or a subcontractor on the project, to comply with
those statutory provisions in the same manner as if he or she was a
contractor or subcontractor, as applicable, engaged on a public
work.
4. As used in this section:
(a) “Eligible recipient” means:
(1) A political subdivision of this State, including, without
limitation, a city, county, unincorporated town, water authority,
conservation district, irrigation district, water district or water
conservancy district.
(2) A nonprofit association or nonprofit cooperative
corporation that provides water service only to its members.
(b) “Governing body” has the meaning ascribed to it in
NRS 278.015.
(c) “Water resource plan” means a water resource plan created
pursuant to NRS 278.0228.
Sec. 17. NRS 349.983 is hereby amended to read as follows:
349.983 1. Grants may be made pursuant to paragraph (a) of
subsection 1 of NRS 349.981 only for the Lincoln County Water
District and those community and nontransient water systems that:
(a) Were in existence on January 1, 1995; and
(b) Are currently publicly owned.
2. In making its determination of which purveyors of water are
to receive grants pursuant to paragraph (a) of subsectio n 1 of NRS
349.981, the Board shall give preference to those purveyors of water
whose public water systems regularly serve fewer than 6,000
persons.
3. Each recipient of a grant pursuant to paragraph (a) of
subsection 1 of NRS 349.981 shall provide an am ount of money for
the same purpose. The Board shall develop a scale to be used to
determine that amount, but the recipient must not be required to
provide an amount less than 15 percent or more than 75 percent of
the total cost of the project for which the grant is awarded. The scale
must be based upon the [average] median household income of the
customers of the recipient, and provide adjustments for the
demonstrated economic hardship of those customers, the existence
of an imminent risk to public health a nd any other factor that the
Board determines to be relevant.

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- 83rd Session (2025)
Sec. 18. NRS 439.3672 is hereby amended to read as follows:
439.3672 1. The district board of health may create a
voluntary financial assistance program to pay 100 percent of the
cost for [a] an eligible property owner with an existing septic
system whose property is served by a municipal water system to
abandon the septic system and connect to the commun ity sewerage
disposal system.
2. Upon an affirmative vote of two-thirds of all the members of
the district board of health, the district board of health may impose a
voluntary annual fee on property owners with existing septic
systems whose property is served by a municipal water system to
carry out the provisions of this section.
3. If the district board of health imposes a voluntary annual fee
pursuant to subsection 2:
(a) The fee must not exceed the annual sewer rate charged by
the largest communi ty sewerage disposal system in the county or
counties, as applicable, in which the district board of health has been
established; and
(b) The district board of health shall not provide financial
assistance to any property owner who does not pay the volunt ary
annual fee [.] in accordance with the provisions of paragraph (b)
of subsection 4.
4. A property owner is eligible to receive financial assistance
from the program if the property owner:
(a) Has an existing septic system whose property is served by a
municipal water system; and
(b) Pays the voluntary annual fee:
(1) Every year that the fee is imposed by the district board
of health pursuant to subsection 3; or
(2) If a property owner has not paid the fee in every year
that the fee was imposed, pays the balance for all previously
imposed fees and the fee for the current year, if imposed by the
district board of health.
5. As used in this section:
(a) “Community sewerage disposal system” means a public
system of sewage disposal which is operat ed for the benefit of a
county, city, district or other political subdivision of this State.
(b) “Septic system” means a well that is used to place sanitary
waste below the surface of the ground that is typically composed of
a septic tank and a subsurfac e fluid distribution or disposal system.
The term includes a residential individual system for disposal of
sewage.

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- 83rd Session (2025)
Sec. 19. NRS 445A.305 is hereby amended to read as follows:
445A.305 1. The Legislature finds that pollution of water in
this State:
(a) Adversely affects public health and welfare;
(b) Is harmful to wildlife, fish and other aquatic life; and
(c) Impairs domestic, agricultural, industrial, recreational and
other beneficial uses of water.
2. The Legislature declares that the people of this State have a
right to clean water and it is the policy of this State and the purpose
of NRS 445A.300 to 445A.730, inclusive:
(a) To maintain the quality of the waters of the State consistent
with the public health and enjoyment, the propagation and
protection of terrestrial and aquatic life, the operation of existing
industries, the pursuit of agriculture, and the economic development
of the State;
(b) To mitigate the degradation of the waters of the State; [and]
(c) To encourage and promote the use of methods of waste
collection and pollution control for all significant sources of water
pollution (including point and diffuse sources) [.] ; and
(d) To encourage and promote traditional and emerging
methods of water reuse, including, without limitation, credits for
water that is returned to the source, known as “return -flow
credits,” agriculture and other irrigation, direct potable reuse and
indirect potable reuse in an appropriate manner that is consistent
with the public health.
Sec. 20. NRS 445A.520 is hereby amended to read as follows:
445A.520 1. [The] Except as otherwise provided in
subsection 4, the Commission shall establish water quality
standards at a level designed t o protect and ensure a continuation of
the designated beneficial use or uses which the Commission has
determined to be applicable to each stream segment or other body of
surface water in the State.
2. [The] Except as otherwise provided in subsection 4, t he
Commission shall base its water quality standards on water quality
criteria which numerically or descriptively define the conditions
necessary to maintain the designated beneficial use or uses of the
water. The water quality standards must reflect water quality criteria
which define the conditions necessary to support, protect and allow
the propagation of fish, shellfish and other wildlife and to provide
for recreation in and on the water if these objectives are reasonably
attainable.
3. The Commission may establish water quality standards for
individual segments of streams or for other bodies of surface water

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- 83rd Session (2025)
which vary from standards based on recognized criteria if such
variations are justified by the circumstances pertaining to particular
places, as determined by biological monitoring or other appropriate
studies.
4. The Commission may establish a water quality standard
variance subject to the review and approval or disapproval of the
United States Environmental Protection Agency in accordance
with 40 C.F.R. § 131.14. A water quality standard variance
established pursuant to this subsection must:
(a) Reflect the highest attainable condition of the stream
segment or other body of surface water that is achievable during
the term of the water quality standard variance; and
(b) Establish a time -limited designated use and criteria for
specific pollutants or water quality parameters during the term of
the water quality standard variance.
5. As used in this section, “water quality standards variance”
has the meaning ascribed to it in 40 C.F.R. § 131.3(o).
Sec. 21. Section 10 of this act is hereby amended to read as
follows:
Sec. 10. 1. The Nevada Voluntary Water Rights
Retirement Program is hereby established in the Nevada
Conservation and Recreation Program created by section 8 of
this act to purchase and retire decreed or certificated
groundwater rights from willing sellers and to accept
donations of groundwater rights for retirement in order to:
(a) Protect the natural resources of this State;
(b) Address declining levels of groundwater; or
(c) Address conflicts with existing rights or with
protectable interests in existing domestic wells.
2. The Nevada Voluntary Water Rights Retirement
Program must be admini stered by the Director. [In
administering the Program, the Director shall, to the extent
money is available in the Account for Retiring Water Rights
created by section 9 of this act, identify and purchase decreed
or certificated groundwater rights for reti rement by the State
Engineer pursuant to section 4 of this act from persons
willing to retire those groundwater rights in groundwater
basins where:
(a) An order issued by the State Engineer precludes the
issuance of permits for new appropriations of groundwater in
the groundwater basin; or

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- 83rd Session (2025)
(b) The retirement of groundwater rights in the
groundwater basin meets any purpose set forth in
subsection 1.]
3. [The Director shall document in writing the purpose
of each decreed or certificated groundwater right that is
purchased by or donated to the Program and file the written
document with the State Engineer.
4. When sufficient money is available in the Account for
Retiring Water Rights created by section 9 of this act, the
Director may accept applications for the purchase and
retirement of decreed or certificated groundwater rights.
5.] The Director shall not accept donations or
applications for the purchase and retirement of decreed or
certificated groundwater rights after June 30, 2035.
Sec. 21.3. (Deleted by amendment.)
Sec. 21.5. Section 39.5 of the Conservation of Colorado River
Water Act, being chapter 210, Statutes of Nevada 2023, at pa ge
1283, is hereby amended to read as follows:
Sec. 39.5. 1. Except as otherwise provided in this
section, the Southern Nevada Water Authority shall require
the owner of any parcel of property that uses the waters of the
Colorado River distributed by th e Southern Nevada Water
Authority or one of the member agencies of the Southern
Nevada Water Authority to participate in an irrigation water
efficiency monitoring program established by the Southern
Nevada Water Authority, if the parcel of property:
(a) Is not used exclusively as a single -family residence;
and
(b) Consists of 20,000 square feet or more of turf.
2. The Board of Directors shall:
(a) Develop and establish policies and guidelines for an
irrigation water efficiency monitoring program;
(b) Establish deadlines within the service area of the
Southern Nevada Water Authority for any owner subject to
the requirements of subsection 1 to begin participating in the
irrigation water efficiency monitoring program; and
(c) Not [later] less than [January 1, 2025, ] 1 year before
the irrigation water efficiency monitoring program is
established pursuant to subsection 1, notify the owner of any
parcel of property subject to the requirements of subsection 1
that he or she is required to participate in t he irrigation water
efficiency monitoring program by the deadline established
pursuant to paragraph (b).

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- 83rd Session (2025)
3. The General Manager or his or her designee may
approve an extension or waiver from:
(a) The provisions of subsection 1; or
(b) The provisions o f the policies and guidelines
developed pursuant to subsection 2.
Sec. 21.7. Section 8 of the Southern Nevada Water Authority
Act, being chapter 572, Statutes of Nevada 1997, as last amended by
chapter 517, Statutes of Ne vada 2017, at page 3507 , is hereby
amended to read as follows:
Sec. 8. 1. The Southern Nevada Water Authority may
create an Advisory Committee for the Management of
Groundwater in the Las Vegas Valley Groundwater Basin. If
created, the Advisory Committee consists of:
(a) Seven members to be appointed by the Board of
Directors, including:
(1) Two persons who own and operate domestic wells
located in the Basin;
(2) One representative of an organization that owns
and operates a quasi-municipal well located in the Basin;
(3) One representative of an industrial or commercial
user of groundwater which is located in the Basin;
(4) One representative of a private water company
which operates in the Basin;
(5) One consumer whose water service is provided
entirely by a municipal water purveyor which is located in the
Basin; and
(6) One representative of a municipal water purveyor
that owns and operates wells located in the Basin;
(b) The State Engineer, or a designated representative of
the State Engineer, who is an ex officio nonvoting member of
the Advisory Committee; and
(c) The Administrator of the Division of Environmental
Protection of the State Department of Conservation and
Natural Resources, or a designated representative of the
Administrator, who is an ex officio nonvoting member of the
Advisory Committee.
2. Members of the Advisory Committee serve without
compensation.
3. The term of each appointed member is 2 years.
Members may be reappointed. [If a member resigns or is
otherwise unable to serve, the Board of Directors shall, not
later than 90 days after the vacancy occurs, appoint a person
pursuant to subsection 4 to fill the vacancy.]

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- 83rd Session (2025)
4. In appointing the members described in:
(a) Subparagraph (1), (2) or (3) of paragraph (a) of
subsection 1, the Board of Directors shall consider
recommendations solicited from a representative sampling of
owners of domestic wells, persons and organizations
associated with quasi -municipal wells, and industrial and
commercial users of groundwater, respectively.
(b) Subparagraph (4), (5) or (6) of paragraph (a) of
subsection 1, the Board of Directors shall consider
recommendations solicited from the various entities that
comprise the Southern Nevada Water Authority.
Sec. 22. Section 14 of the Southern Nevada Water Authority
Act, being chapter 572, Statutes of Nevada 1997, as last amended by
chapter 113, Statutes of Nevada 2003, at page 624, is hereby
amended to read as follows:
Sec. 14. Money collected pursuant to section 13 of this
act must be used to:
1. Develop and distribute information promoting
education and the conservation of groundwater in the Basin.
2. Perform such comprehensive inventories of wells of
all types located wit hin the basin as may be needed. Such
inventories must be done in conjunction with the State
Engineer.
3. Prepare, for use by the Advisory Committee, such
cost-benefit analyses relating to the recharge and recovery or
underground storage and recovery of w ater in the Basin as
may be needed.
4. Develop recommendations for additional activities for
the management of the Basin and the protection of the aquifer
in which the Basin is located, and to conduct such activities if
the activities have been approved by the Board of Directors.
5. Develop and implement a program to provide
financial assistance to pay at least 50 percent but not more
than 85 percent of the cost of the local and regional
connection fees and capital improvements necessary for
making the connection to the proposed source of water, as
determined by the Southern Nevada Water Authority, to
owners of real property served by:
(a) Domestic wells; or
(b) Wells that are operated pursuant to [temporary]
revocable permits,
 who are required by th e State Engineer to connect the real
property to a public water system pursuant to NRS 534.120.

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- 83rd Session (2025)
6. Pay the costs associated with abandoning and
plugging wells on the real property of persons who are
required by the State Engineer to connect the real prop erty to
a public water system pursuant to NRS 534.120.
7. Perform such other duties as are necessary for the
Southern Nevada Water Authority and the Advisory
Committee to carry out the provisions of this act.
Sec. 23. Any existing and valid temporary permit issued by
the State Engineer pursuant to NRS 534.120 before July 1, 2025,
shall be deemed a revocable permit issued by the State Engineer.
Sec. 24. (Deleted by amendment.)
Sec. 25. 1. This section, sections 1 to 20, inclusive , and
sections 21.3 to 24, inclusive, of this act become effective on July 1,
2025.
2. Sections 9, 11 and 12 of this act expire by limitation on
June 30, 2035.
3. Section 21 of this act becomes effective on July 1, 2035.

20 ~~~~~ 25