Revises provisions relating to water. (BDR 48-384)

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 further 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 the 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 for 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 retirement 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 requires 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 such grants. (LCB File No. R025-22) Section 10.3 of this bill creates the Program in statute. Section 10.3 further 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 money 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 conserve water. (NRS 349.981) Section 14 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.