2005 Nevada Revised Statutes - Chapter 540 — Planning and Development of Water Resources

CHAPTER 540 - PLANNING AND DEVELOPMENT OFWATER RESOURCES

GENERAL PROVISIONS

NRS 540.011 Legislativedeclaration.

NRS 540.021 Definitions.

DIVISION OF WATER RESOURCES

NRS 540.031 Creationof Water Planning Section.

NRS 540.036 Appointmentof Chief of Section.

NRS 540.041 Chief:Qualifications; duties; employment of staff; reporting.

NRS 540.051 Dutiesof Section.

REPORTING OF APPROVED PROJECTS

NRS 540.061 Statementof legislative intent relating to reporting of projects to Chief.

NRS 540.071 Projectdefined.

NRS 540.081 Applicabilityof NRS 540.061 to 540.091, inclusive.

NRS 540.091 Reportsof approved projects: Contents; filing; deposit of fees.

PLANNING AND DEVELOPMENT

NRS 540.101 Planto provide guidance and coordination for development, management, conservationand use of water resources: Development; contents; no effect upon law of State;not binding upon certain state and local agencies; submission to Legislature.[Repealed.]

NRS 540.111 AdvisoryBoard on Water Resources Planning and Development: Creation; members;vacancies; compensation; Chairman; meetings; quorum; duties.

WATER CONSERVATION

NRS 540.121 Supplierof water defined.

NRS 540.131 Planof water conservation: Procedure for adoption and updating of plan; review ofplan by Section; joint plans permitted by certain suppliers; duties of local governingbody.

NRS 540.141 Requiredprovisions of plan or joint plan of water conservation; review by Section.

NRS 540.151 Supplierof water required to adopt plan to provide certain incentives; procedure foradoption of plan; adoption of joint plans permitted.

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GENERAL PROVISIONS

NRS 540.011 Legislativedeclaration.

1. The Legislature determines that it is the policy ofthe State of Nevada to continue to recognize the critical nature of the Stateslimited water resources. It is acknowledged that many of the States surfacewater resources are committed to existing uses, under existing water rights,and that in many areas of the State the available groundwater supplies havebeen appropriated for current uses. It is the policy of the State of Nevada to recognize and provide for the protection of these existing water rights. It isalso the policy of the State to encourage efficient and nonwasteful use ofthese limited supplies.

2. The Legislature further recognizes the relationshipbetween the critical nature of the States limited water resources and theincreasing demands placed on these resources as the population of the Statecontinues to grow.

3. The Legislature further recognizes the relationshipbetween the quantity of water and the quality of water, and the necessity toconsider both factors simultaneously when planning the uses of water.

4. The Legislature further recognizes the importantrole of water resource planning and that such planning must be based uponidentifying current and future needs for water. The Legislature determines thatthe purpose of the States water resource planning is to assist the State, itslocal governments and its citizens in developing effective plans for the use ofwater.

(Added to NRS by 1977, 1170; A 1991, 173; 1995, 2499)

NRS 540.021 Definitions. As used in this chapter:

1. Chief means the Chief of the Section.

2. Department means the State Department ofConservation and Natural Resources.

3. Division means the Division of Water Resources ofthe Department.

4. Section means the Water Planning Section of theDivision.

(Added to NRS by 1977, 1170; A 2005, 2566)

DIVISION OF WATER RESOURCES

NRS 540.031 Creationof Water Planning Section. The Water PlanningSection of the Division is hereby created.

(Added to NRS by 1977, 1170; A 1989, 1238; 2005, 2566)

NRS 540.036 Appointmentof Chief of Section.

1. The Section consists of the Chief and any othernecessary personnel.

2. The Chief is appointed by the State Engineer and isin the unclassified service of the State.

(Added to NRS by 2005, 2566)

NRS 540.041 Chief:Qualifications; duties; employment of staff; reporting.

1. The Chief:

(a) Must be selected with special reference to histraining, experience, capability and interest in the field of water resourceplanning.

(b) Shall coordinate the activities of the Section.

2. The Chief is responsible for the administration ofall provisions of law relating to the functions of the Section.

3. The Chief, with the approval of the State Engineer,may employ, within the limits of legislative appropriations, such staff as isnecessary to the performance of his duties.

4. The Chief, through the State Engineer, shall, notlater than the fifth calendar day of each regular session of the Legislature,submit to the Director of the Legislative Counsel Bureau for distribution tothe Legislature a written report summarizing the actions of the Section takenpursuant to the provisions of NRS 540.051during the preceding biennium.

(Added to NRS by 1977, 1170; A 1985, 437; 1995, 2316;1999, 1087; 2005, 2566)

NRS 540.051 Dutiesof Section. The Section shall:

1. Include in its planning:

(a) Recognition and protection of existing water rightsconsistent with chapters 533 and 534 of NRS; and

(b) Consideration of the factors relating to thequality of water in this State and the importance of considering the issues ofquantity and quality simultaneously, but the State Environmental Commission andDivision of Environmental Protection of the Department retain fullresponsibility for the management of water quality.

2. Suggest to the Legislature changes in water policywhich may be necessary to meet new requirements of law or of the people of theState.

3. Assist the State Engineer in dealings with theFederal Government and other states, but the State Engineer is solelyresponsible for the allocation of water resources and litigation.

4. Review local and federal documents regardingwater planning that are relevant to the use of water in Nevada, including,without limitation, local water and resource plans. Reviews conducted pursuantto this subsection must consider, without limitation:

(a) The accuracy of information relating to water useand water planning;

(b) Compliance with the water law of this State; and

(c) General advice relating to water planning.

5. Compile and update summarized data relating tohydrographic basins to support decisions that the State Engineer makes regardingsuch basins, and provide summarized information regarding such basins to thepublic. The Section shall cause to be generated and updated a summary for eachhydrographic basin to show critical information regarding that basin,including, without limitation:

(a) Whether the basin is designated;

(b) All appurtenant or associated studies related tothe availability of water;

(c) Rulings and orders affecting new appropriations ofwater;

(d) The availability of crop and pumpage inventories;

(e) The availability of data regarding water levels;and

(f) Current commitments of water from the basin thatare attributable to existing water rights.

Theinformation described in this subsection must, insofar as practicable, be providedin an electronic format and made available on the website of the State Engineeron the Internet or its successor.

6. Upon request, provide technical assistance to theBoard for Financing Water Projects created by NRS349.957, including, without limitation, the review of letters of intent andapplications for grants.

7. Promote water conservation by:

(a) Consulting with suppliers of water concerning:

(1) Community water conservation plans; and

(2) The content and scope of water plans; and

(b) Reviewing plans for compliance with the applicableprovisions of NRS 540.121 to 540.151, inclusive.

8. Assist federal, state and local governments and thegeneral public in obtaining information regarding water planning, theavailability of water and issues relating to water rights.

9. Support activities in response to drought asprovided for under the drought plan established for the State.

10. Administer the statewide program established forthe management of floodplains.

11. Upon request, provide updates to local governmentson water issues relevant to this State, changes in policy and the availabilityof new information concerning water resources.

(Added to NRS by 1977, 1170; A 1987, 2280; 1991, 173;1993, 1703; 1995, 2499; 2005, 2566)

REPORTING OF APPROVED PROJECTS

NRS 540.061 Statementof legislative intent relating to reporting of projects to Chief. It is the intent of the Legislature, in accordance withthe state policy set forth in NRS 540.011,to provide for the reporting of all projects to the Chief to ensure effectivecoordination by the State in its effort to plan water use.

(Added to NRS by 1989, 1236; A 2005, 2568)

NRS 540.071 Projectdefined. As used in NRS 540.061 to 540.091, inclusive, unless the contextotherwise requires, project means any development, including new constructionand expansion or modification of existing development, that requires the use of5 acre-feet or more of water per year and requires the approval of an officeror agency of a local government.

(Added to NRS by 1989, 1236)

NRS 540.081 Applicabilityof NRS540.061 to 540.091, inclusive. NRS 540.061 to 540.091, inclusive, do not apply to:

1. A publicly owned project;

2. A subdivision as defined in NRS 278.320;

3. A parcel map subject to the provisions of NRS 278.461 to 278.469, inclusive;

4. A division of land pursuant to NRS 278.471 to 278.4725, inclusive; or

5. A planned unit development pursuant to chapter 278A of NRS.

(Added to NRS by 1989, 1236; A 1993, 2585)

NRS 540.091 Reportsof approved projects: Contents; filing; deposit of fees.

1. A local governmental officer or agency that isrequired to approve a project shall file a report of each project the officeror agency approves on a form provided by the Chief.

2. Each report of an approved project must include:

(a) The name and mailing address of the owner ordeveloper of the project;

(b) A legal description of the location of the project;

(c) A description of the project, including a summaryof the amount of water required annually for the project;

(d) A statement concerning how the water will besupplied; and

(e) If the water is self-supplied, the source of thewater and identification of the water rights.

3. A local governmental officer or agency may requirethe owner or developer of an approved project to fill out the report.

4. The local governmental officer or agency shall fileall reports for projects approved during a quarter of a calendar year on orbefore 15 days after the last day of the quarter. The local governmentalofficer or agency shall submit a fee with each report in the amount of $75 plus50 cents per acre-foot of water, or fraction thereof, required by the project.The local governmental officer or agency shall collect the fee from the owneror developer of the project, plus an additional administrative fee of $10 whichmay be retained by the local government.

5. The Chief shall deposit all fees he receivespursuant to this section with the State Treasurer for credit to the StateGeneral Fund.

(Added to NRS by 1989, 1236; A 1989, 2094; 2005, 2568)

PLANNING AND DEVELOPMENT

NRS 540.101 Planto provide guidance and coordination for development, management, conservationand use of water resources: Development; contents; no effect upon law of State;not binding upon certain state and local agencies; submission to Legislature.Repealed. (See chapter 493, Statutes of Nevada 2005,at page 2572.)

 

NRS 540.111 AdvisoryBoard on Water Resources Planning and Development: Creation; members;vacancies; compensation; Chairman; meetings; quorum; duties.

1. The Advisory Board on Water Resources Planning andDevelopment, consisting of 15 members appointed by the Governor, is herebycreated within the Division.

2. The Governor shall appoint to the Advisory Board:

(a) Five members who are representatives of thegoverning bodies of the county with the largest population in the State and thecities in that county;

(b) One member who is a representative of the largestwater utility in the county with the largest population in the State;

(c) Two members who are representatives of the countywith the second largest population in the State and the cities in that county;

(d) One member who is a representative of the largestwater utility in the county with the second largest population in the State;

(e) One member who is a representative of the governingbody of a county whose population is less than 50,000;

(f) One member who is representative of the generalpublic; and

(g) Four members, each of whom represents a differentone of the following interests:

(1) Farming;

(2) Mining;

(3) Ranching; and

(4) Wildlife.

The Governorshall make the appointments required by this subsection so that at least sixmembers of the Advisory Board are residents of the county with the largestpopulation in the State, at least three members are residents of the countywith the second largest population in the State and at least four members areresidents of a county whose population is less than 100,000.

3. The members of the Advisory Board serve at thepleasure of the Governor.

4. All vacancies on the Advisory Board must be filledin the same manner of appointment as the member who created the vacancy.

5. The members of the Advisory Board are entitled toreceive a salary of $60 for each days attendance at a meeting of the AdvisoryBoard and the travel and subsistence allowances provided by law for stateofficers and employees generally.

6. The Advisory Board shall, at its first meeting andannually thereafter, elect a Chairman from among its members.

7. The Advisory Board may meet at least once in eachcalendar quarter and at other times upon the call of the Chairman or a majorityof the members.

8. A majority of the members of the Advisory Boardconstitutes a quorum. A quorum may exercise all of the powers and duties of theAdvisory Board.

9. The Advisory Board shall:

(a) Advise the Chief on matters relating to theplanning and development of water resources;

(b) Be informed on and interested in the administrativeduties of the Section and any legislation recommended by the Section;

(c) Advise and make recommendations through the Sectionand the Division to the Governor and the Legislature concerning policies for waterplanning; and

(d) Advise the Chief concerning the policies of theSection and areas of emphasis for the planning of water resources.

(Added to NRS by 1989, 1237; A 1995, 2500; 1999, 1088; 2005, 2569)

WATER CONSERVATION

NRS 540.121 Supplierof water defined. As used in NRS 540.121 to 540.151, inclusive, supplier of waterincludes, but is not limited to:

1. Any county, city, town, local improvement district,general improvement district and water conservancy district;

2. Any water district, water system, water project orwater planning and advisory board created by a special act of the Legislature;and

3. Any other public or private entity,

thatsupplies water for municipal, industrial or domestic purposes. The term doesnot include a public utility required to adopt a plan of water conservationpursuant to NRS 704.662.

(Added to NRS by 1991, 520)

NRS 540.131 Planof water conservation: Procedure for adoption and updating of plan; review ofplan by Section; joint plans permitted by certain suppliers; duties of localgoverning body.

1. Except as otherwise provided in subsection 5, eachsupplier of water which supplies water for municipal, industrial or domesticpurposes shall, on or before July 1, 1992, adopt a plan of water conservationbased on the climate and the living conditions of its service area inaccordance with the provisions of NRS540.141, and shall update the plan pursuant to paragraph (c) of subsection4. The provisions of the plan must apply only to the suppliers property andits customers. The supplier of water shall submit the plan to the Section for reviewby the Section pursuant to subsection 3.

2. As part of the procedure of adopting a plan, thesupplier of water shall provide an opportunity for any interested person,including, but not limited to, any private or public entity that supplies waterfor municipal, industrial or domestic purposes, to submit written views andrecommendations on the plan.

3. The plan must be reviewed by the Section within 30days after its submission and approved for compliance with this section beforeit is adopted by the supplier of water.

4. The plan:

(a) Must be available for inspection by members of thepublic during office hours at the offices of the supplier of water;

(b) May be revised from time to time to reflect thechanging needs and conditions of the service area. Each such revision must bemade available for inspection by members of the public; and

(c) Must be updated every 5 years and comply with therequirements of this section and NRS 540.141.

5. Suppliers of water:

(a) Who are required to adopt a plan of waterconservation pursuant to this section; and

(b) Whose service areas are located in a commongeographical area,

may adoptjoint plans of water conservation based on the climate and living conditions ofthat common geographical area. Such a plan must comply with the requirements ofthis section and NRS 540.141.

6. The board of county commissioners of a county, thegoverning body of a city and the town board or board of county commissionershaving jurisdiction of the affairs of a town shall:

(a) Adopt any ordinances necessary to carry out a planof conservation adopted pursuant to this section which applies to propertywithin its jurisdiction;

(b) Establish a schedule of fines for the violation ofany ordinances adopted pursuant to this subsection; and

(c) Hire such employees as it deems necessary toenforce the provisions of any ordinances it adopts pursuant to this subsection.

(Added to NRS by 1991, 520; A 2005, 2570)

NRS 540.141 Requiredprovisions of plan or joint plan of water conservation; review by Section.

1. A plan or joint plan of water conservationsubmitted to the Section for review must include provisions relating to:

(a) Methods of public education to:

(1) Increase public awareness of the limitedsupply of water in this State and the need to conserve water.

(2) Encourage reduction in the size of lawns andencourage the use of plants that are adapted to arid and semiarid climates.

(b) Specific conservation measures required to meet theneeds of the service area, including, but not limited to, any conservation measuresrequired by law.

(c) The management of water to:

(1) Identify and reduce leakage in watersupplies, inaccuracies in water meters and high pressure in water supplies; and

(2) Where applicable, increase the reuse ofeffluent.

(d) A contingency plan for drought conditions thatensures a supply of potable water.

(e) A schedule for carrying out the plan.

(f) Measures to evaluate the effectiveness of the plan.

2. A plan or joint plan submitted for review must beaccompanied by an analysis of the feasibility of charging variable rates forthe use of water to encourage the conservation of water.

3. The Section shall review any plan or joint plansubmitted to it within 30 days after its submission and approve the plan if itis based on the climate and living conditions of the service area and complieswith the requirements of this section.

4. The Chief may exempt wholesale water purveyors fromthe provisions of this section which do not reasonably apply to wholesalesupply.

(Added to NRS by 1991, 521; A 2005, 2571)

NRS 540.151 Supplierof water required to adopt plan to provide certain incentives; procedure foradoption of plan; adoption of joint plans permitted.

1. Except as otherwise provided in subsection 5, eachsupplier of water which supplies water for municipal, industrial or domesticpurposes shall adopt a plan to provide incentives:

(a) To encourage water conservation in its servicearea;

(b) To retrofit existing structures with plumbingfixtures designed to conserve the use of water; and

(c) For the installation of landscaping that uses aminimal amount of water.

The supplierof water may request assistance from the Section to develop its plan.

2. As part of the procedure of adopting a plan, thesupplier of water shall provide an opportunity for any interested person tosubmit written views and recommendations on the plan.

3. The supplier of water shall file a copy of the planwith the Section for informational purposes.

4. The plan:

(a) Must be available for inspection by members of thepublic during office hours at the offices of the supplier of water; and

(b) May be revised from time to time to reflect thechanging needs and conditions of the service area. Each such revision must bemade available for inspection by members of the public.

5. Suppliers of water:

(a) Who are required to adopt a plan for incentivespursuant to this section; and

(b) Whose service areas are located in a commongeographical area,

may adoptjoint plans.

(Added to NRS by 1991, 522; A 2005, 2571)

 

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