Revises provisions relating to water. (BDR 48-736)

The State Engineer, an appointee of the Director of the State Department of Conservation and Natural Resources, manages the appropriation of water in this State. (Title 48 of NRS) Section 1 of this bill requires the State Engineer to prepare and submit a biennial report to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission relating to certain applications to appropriate water that have been pending a final decision by the State Engineer for 2 or more years. Under existing law, the State Engineer is authorized to make such reasonable rules and regulations as may be necessary for the proper and orderly execution of the powers conferred upon him or her by law, including regulations governing the practice and procedure in all contests before the Office of the State Engineer. (NRS 532.120) Section 1.5 of this bill requires the State Engineer to adopt regulations: (1) governing hearings before the Office, which must include rules governing expert testimony; and (2) to establish a pre-application process for purposes of the provisions governing underground water and wells, the adjudication of vested water rights and the appropriation of public water, which must include procedures for a prospective applicant to meet with the State Engineer or his or her designee at the request of the potential applicant to review the prospective application and identify any potential barriers to approval of the application. (Chapters 533 and 534 of NRS) Under existing law the State Engineer is exempt from the Nevada Administrative Procedure Act, which establishes procedural requirements for the adoption of regulations and the adjudication of contested cases. (Chapter 233B of NRS) Section 11 of this bill makes the State Engineer subject to the Nevada Administrative Procedure Act for purposes of adopting regulations and certain provisions governing the adjudication of contested cases.

• Jill DickmanR
• PK O’NeillR