Read the full stored bill text
- 83rd Session (2025)
Senate Bill No. 36–Committee on Natural Resources
CHAPTER..........
AN ACT relating to water; requiring the State Engineer to retire
certain groundwater rights; creating 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 for the purpose of retiring the
water rights; revising provisions governing a program to
provide g rants of money for certain purposes relating to
improvements to water systems and to conserve water; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, any person who wishes 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 fur ther provides that all underground waters 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 10.5 of
this bill creates t he Account for Retiring Water Rights, to be administered by the
Director 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 f or certain purposes. Section 10.7 of this bill
establishes the Nevada 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 ret irement of decreed or
certificated groundwater rights; and (2) the acceptance of donations of decreed or
certificated groundwater rights. Section 10.7 also prohibits the Director from
accepting donations or applications for the purchase and retirement of such
groundwater rights after June 30, 2035. Section 16 of this bill makes conforming
changes to reflect that the Director may not accept applications or donations after
this date.
Section 8 of this bill : (1) requires the State Engineer to retire all decreed or
certificated groundwater 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 rights
have been retired pursuant to the Nevada Voluntary Water Rights Retirement
Program.
Existing law require s the Department 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 cultural 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 su ch grants. (LCB File No. R025 -
22) Section 10.3 of this bill creates the Program in statute. Section 10.3 further
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provides that the Program consists of a grant program to make such grants and the
Nevada Voluntary Water Rights Retirement Program. Section 12 of this bill
provides that the Program is within the Department. Section 11 of this bill applies
the definitions in existing law relating to the Department to the provisions of
sections 10.3-10.7.
Existing law establishes a program to provide grants of mo ney to purveyors of
water and eligible recipients to pay for certain costs related to capital improvements
to water systems and water conservation. Under this program, eligible recipients
may receive grants of money to pay the cost of improvements to conse rve water.
(NRS 349.981) Section 1 4 of this bill includes the permanent retirement of
groundwater rights for certain purposes in the types of improvements for which an
eligible recipient could receive a grant.
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 15 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.
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 8 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
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 a scribed 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 recre ational purposes
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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 whose 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 a rtificially created reservoir for use in
flood control, in meeting peak water demands or for purposes
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 o pen
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 8 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 efficienc y 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:
(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 ;
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(c) The application requests a change to or reinstatement of
groundwater rights that have been retired pursuant to section 8 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 applicat ion 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 justified 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 sou nd 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 limit 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
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 wate r 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 righ ts is
deemed necessary by the State Engineer.
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(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 a pplication 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 subsection 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 diversion 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 existing 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.
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 decisi on 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 th e 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 toward the
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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 loca ted had previously filed a written
protest against the granting of an application, the successor in
interest must be allowed to pursue that protest in the 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 appl ication 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 authorize 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;
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 sec tion 8 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.
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Sec. 4. Chapter 534 of NRS is hereby amended by adding
thereto the provisions set forth as sections 5 to 9, inclusive, of this
act.
Secs. 5-7. (Deleted by amendment.)
Sec. 8. 1. The State Engineer shall retire all decreed or
certificated groundwater rights purchased by or donated to the
Nevada Voluntary Water Rights Retirem ent Program pursuant to
section 10.7 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 rights pursuant to subsection 1 unless the
purchase of the groundwater right or donation of the groundwater
right was approved by the Director of the State Department of
Conservation and Natural Resources pursuant to section 10.7 of
this act on or before June 30, 2035.
Sec. 9. (Deleted by amendment.)
Sec. 10. Chapter 232 of NRS is hereby amended by adding the
provisions set forth as sections 10.3, 10.5 and 10.7 of this act.
Sec. 10.3. 1. The Nevada Conservation and Recrea tion
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 Nevada Conservation and Recreation Progr am
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 Program
established by section 10.7 of this act.
3. The Director may adopt regulations to carry out the
provisions of this section.
Sec. 10.5. 1. The Account for Retiring Water Rights is
hereby created in the State General Fund.
2. The Account for Retir ing Water Rights must be
administered by the Director in accordance with the Nevada
Voluntary Water Rights Retirement Program established by
section 10. 7 of this act. In addition to any direct legislative
appropriation, the Director may apply for and accep t any gift,
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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 Nevada Voluntary Water
Rights Retirement Program established by section 10. 7 of this act,
to purchase decreed or certificated groundwater rights for
retirement pursuant to section 10. 7 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 8 and 10.7 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 Water 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
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. 10.7. 1. The Nevada Voluntary Water Rights
Retirement Program is hereby established in the Nevada
Conservation and Recreation Program created by section 10 .3 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 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 10. 5 of this
act, identify and purchase decreed or certificated groundwater
rights for retirement by the State Engineer pursuant to section 8 of
this act from persons willing to retire those groundwater rights in
groundwater basins where:
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(a) An order issued by the State Engineer precludes the
issuance of permits 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 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 Acco unt for
Retiring Water Rights created by section 10. 5 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 pur chase and retirement of decreed or certificated
groundwater rights after June 30, 2035.
Sec. 11. NRS 232.010 is hereby amended to read as follows:
232.010 As used in NRS 232.010 to 232.162, inclusive [:] ,
and sections 10.3, 10.5 and 10.7 of this act:
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. 12. 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 Co nservation and Recreation
Program and the Board to Review Claims are within the
Department.
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Sec. 13. (Deleted by amendment.)
Sec. 14. 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 pursuant 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 fo r 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;
(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 [.] ; and
(7) Permanently retiring groundwater rights pursuant to
section 8 of this act to:
(I) Protect the natural resources of this State;
(II) Address declining levels of groundwater; or
(III) Address conflicts with existi ng 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 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
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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 decision, directive, order or
regulation of the Division of Environmental Protection.
(e) An eligibl e 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 approves a
program or project for the protection of groundwater quality
developed by the State or a local government that provides for 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, directive, 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.
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(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 oth erwise 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 paid 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 nonprofit 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.
(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, inclu ding, 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. 15. 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
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(b) Are currently publicly owned.
2. In making its determination of which purveyors of water are
to receive grants pursuant to paragraph (a) of subsection 1 of NRS
349.981, the Board shall give preference to those purveyors of water
whose publi c 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 amount 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 th e
customers of the recipient, and provide adjustments for the
demonstrated economic hardship of those customers, the existence
of an imminent risk to public health and any other factor that the
Board determines to be relevant.
Sec. 16. Section 10.7 of this act is hereby amended to read as
follows:
Sec. 10.7. 1. The Nevada Voluntary Water Rights
Retirement Program is hereby established in the Nevada
Conservation and Recreation Program created by section 10.3
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 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 10.5 of this act, identify and purchase
decreed or certificated groundwater rights for retirement by
the State Engineer pursuant to section 8 of this act from
persons willing to retire those groundwater rights in
groundwater basins where:
(a) An order iss ued by the State Engineer precludes the
issuance of permits for new appropriations of groundwater in
the groundwater basin; or
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(b) The retirement of groundwater rights in the
groundwater basin meets any purpose set forth in
subsection 1.]
3. [The Dire ctor 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 10.5 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. 17. 1. This section and sections 1 to 15, inclusive, of
this act become effective on July 1, 2025.
2. Section 10. 5 of this act expires by limitation on June 30,
2035.
3. Section 16 of this act becomes effective on July 1, 2035.
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