USA Statutes : nevada
Title : Title 48 - WATER
Chapter : CHAPTER 540 - PLANNING AND DEVELOPMENT OF WATER RESOURCES
1. The Legislature determines that it is the policy of the State
of Nevada to continue to recognize the critical nature of the State’s
limited water resources. It is acknowledged that many of the State’s
surface water resources are committed to existing uses, under existing
water rights, and that in many areas of the State the available
groundwater supplies have been 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 is also the policy of the State to
encourage efficient and nonwasteful use of these limited supplies.
2. The Legislature further recognizes the relationship between the
critical nature of the State’s limited water resources and the increasing
demands placed on these resources as the population of the State
continues to grow.
3. The Legislature further recognizes the relationship between the
quantity of water and the quality of water, and the necessity to consider
both factors simultaneously when planning the uses of water.
4. The Legislature further recognizes the important role of water
resource planning and that such planning must be based upon identifying
current and future needs for water. The Legislature determines that the
purpose of the State’s water resource planning is to assist the State,
its local governments and its citizens in developing effective plans for
the use of water.
(Added to NRS by 1977, 1170; A 1991, 173; 1995, 2499)
As used in this chapter:
1. “Chief” means the Chief of the Section.
2. “Department” means the State Department of Conservation and
Natural Resources.
3. “Division” means the Division of Water Resources of the
Department.
4. “Section” means the Water Planning Section of the Division.
(Added to NRS by 1977, 1170; A 2005, 2566 )
DIVISION OF WATER RESOURCES
The Water
Planning Section of the Division is hereby created.
(Added to NRS by 1977, 1170; A 1989, 1238; 2005, 2566 )
1. The Section consists of the Chief and any other necessary
personnel.
2. The Chief is appointed by the State Engineer and is in the
unclassified service of the State.
(Added to NRS by 2005, 2566 )
1. The Chief:
(a) Must be selected with special reference to his training,
experience, capability and interest in the field of water resource
planning.
(b) Shall coordinate the activities of the Section.
2. The Chief is responsible for the administration of all
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 is
necessary to the performance of his duties.
4. The Chief, through the State Engineer, shall, not later than
the fifth calendar day of each regular session of the Legislature, submit
to the Director of the Legislative Counsel Bureau for distribution to the
Legislature a written report summarizing the actions of the Section taken
pursuant to the provisions of NRS 540.051 during the preceding biennium.
(Added to NRS by 1977, 1170; A 1985, 437; 1995, 2316; 1999, 1087
; 2005, 2566 )
The Section shall:
1. Include in its planning:
(a) Recognition and protection of existing water rights consistent
with chapters 533 and 534 of NRS; and
(b) Consideration of the factors relating to the quality of water
in this State and the importance of considering the issues of quantity
and quality simultaneously, but the State Environmental Commission and
Division of Environmental Protection of the Department retain full
responsibility for the management of water quality.
2. Suggest to the Legislature changes in water policy which may be
necessary to meet new requirements of law or of the people of the State.
3. Assist the State Engineer in dealings with the Federal
Government and other states, but the State Engineer is solely responsible
for the allocation of water resources and litigation.
4. Review local and federal documents regarding water planning
that are relevant to the use of water in Nevada, including, without
limitation, local water and resource plans. Reviews conducted pursuant to
this subsection must consider, without limitation:
(a) The accuracy of information relating to water use and 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 to hydrographic
basins to support decisions that the State Engineer makes regarding such
basins, and provide summarized information regarding such basins to the
public. The Section shall cause to be generated and updated a summary for
each hydrographic basin to show critical information regarding that
basin, including, without limitation:
(a) Whether the basin is designated;
(b) All appurtenant or associated studies related to the
availability of water;
(c) Rulings and orders affecting new appropriations of water;
(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 that are
attributable to existing water rights.
Ê The information described in this subsection must, insofar as
practicable, be provided in an electronic format and made available on
the website of the State Engineer on the Internet or its successor.
6. Upon request, provide technical assistance to the Board for
Financing Water Projects created by NRS 349.957 , including, without limitation, the review of
letters of intent and applications 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 applicable provisions
of NRS 540.121 to 540.151 , inclusive.
8. Assist federal, state and local governments and the general
public in obtaining information regarding water planning, the
availability of water and issues relating to water rights.
9. Support activities in response to drought as provided for under
the drought plan established for the State.
10. Administer the statewide program established for the
management of floodplains.
11. Upon request, provide updates to local governments on water
issues relevant to this State, changes in policy and the availability of
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
It is the intent of the Legislature, in accordance
with the state policy set forth in NRS 540.011 , to provide for the reporting of all projects
to the Chief to ensure effective coordination by the State in its effort
to plan water use.
(Added to NRS by 1989, 1236; A 2005, 2568 )
As used in NRS 540.061 to 540.091 ,
inclusive, unless the context otherwise requires, “project” means any
development, including new construction and expansion or modification of
existing development, that requires the use of 5 acre-feet or more of
water per year and requires the approval of an officer or agency of a
local government.
(Added to NRS by 1989, 1236)
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)
1. A local governmental officer or agency that is required to
approve a project shall file a report of each project the officer or
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 or developer of the
project;
(b) A legal description of the location of the project;
(c) A description of the project, including a summary of the amount
of water required annually for the project;
(d) A statement concerning how the water will be supplied; and
(e) If the water is self-supplied, the source of the water and
identification of the water rights.
3. A local governmental officer or agency may require the owner or
developer of an approved project to fill out the report.
4. The local governmental officer or agency shall file all reports
for projects approved during a quarter of a calendar year on or before 15
days after the last day of the quarter. The local governmental officer or
agency shall submit a fee with each report in the amount of $75 plus 50
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 owner or developer of the project, plus an additional
administrative fee of $10 which may be retained by the local government.
5. The Chief shall deposit all fees he receives pursuant to this
section with the State Treasurer for credit to the State General Fund.
(Added to NRS by 1989, 1236; A 1989, 2094; 2005, 2568 )
PLANNING AND DEVELOPMENT
Repealed.
(See chapter 493, Statutes of Nevada 2005, at page 2572 .)
1. The Advisory Board on Water Resources Planning and Development,
consisting of 15 members appointed by the Governor, is hereby created
within the Division.
2. The Governor shall appoint to the Advisory Board:
(a) Five members who are representatives of the governing bodies of
the county with the largest population in the State and the cities in
that county;
(b) One member who is a representative of the largest water utility
in the county with the largest population in the State;
(c) Two members who are representatives of the county with the
second largest population in the State and the cities in that county;
(d) One member who is a representative of the largest water utility
in the county with the second largest population in the State;
(e) One member who is a representative of the governing body of a
county whose population is less than 50,000;
(f) One member who is representative of the general public; and
(g) Four members, each of whom represents a different one of the
following interests:
(1) Farming;
(2) Mining;
(3) Ranching; and
(4) Wildlife.
Ê The Governor shall make the appointments required by this subsection so
that at least six members of the Advisory Board are residents of the
county with the largest population in the State, at least three members
are residents of the county with the second largest population in the
State and at least four members are residents of a county whose
population is less than 100,000.
3. The members of the Advisory Board serve at the pleasure of the
Governor.
4. All vacancies on the Advisory Board must be filled in the same
manner of appointment as the member who created the vacancy.
5. The members of the Advisory Board are entitled to receive a
salary of $60 for each day’s attendance at a meeting of the Advisory
Board and the travel and subsistence allowances provided by law for state
officers and employees generally.
6. The Advisory Board shall, at its first meeting and annually
thereafter, elect a Chairman from among its members.
7. The Advisory Board may meet at least once in each calendar
quarter and at other times upon the call of the Chairman or a majority of
the members.
8. A majority of the members of the Advisory Board constitutes a
quorum. A quorum may exercise all of the powers and duties of the
Advisory Board.
9. The Advisory Board shall:
(a) Advise the Chief on matters relating to the planning and
development of water resources;
(b) Be informed on and interested in the administrative duties of
the Section and any legislation recommended by the Section;
(c) Advise and make recommendations through the Section and the
Division to the Governor and the Legislature concerning policies for
water planning; and
(d) Advise the Chief concerning the policies of the Section 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
As used in NRS 540.121
to 540.151 , inclusive, “supplier of water” includes, 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 or water
planning and advisory board created by a special act of the Legislature;
and
3. Any other public or private entity,
Ê that supplies water for municipal, industrial or domestic purposes. The
term does not include a public utility required to adopt a plan of water
conservation pursuant to NRS 704.662 .
(Added to NRS by 1991, 520)
1. Except as otherwise provided in subsection 5, each supplier of
water which supplies water for municipal, industrial or domestic purposes
shall, on or before July 1, 1992, adopt a plan of water conservation
based on the climate and the living conditions of its service area in
accordance with the provisions of NRS 540.141 , and shall update the plan pursuant to
paragraph (c) of subsection 4. The provisions of the plan must apply only
to the supplier’s property and its customers. The supplier of water shall
submit the plan to the Section for review by the Section pursuant to
subsection 3.
2. As part of the procedure of adopting a plan, the supplier of
water shall provide an opportunity for any interested person, including,
but not limited to, any private or public entity that supplies water for
municipal, industrial or domestic purposes, to submit written views and
recommendations on the plan.
3. The plan must be reviewed by the Section within 30 days after
its submission and approved for compliance with this section before it is
adopted by the supplier of water.
4. The plan:
(a) Must be available for inspection by members of the public
during office hours at the offices of the supplier of water;
(b) May be revised from time to time to reflect the changing needs
and conditions of the service area. Each such revision must be made
available for inspection by members of the public; and
(c) Must be updated every 5 years and comply with the requirements
of this section and NRS 540.141 .
5. Suppliers of water:
(a) Who are required to adopt a plan of water conservation pursuant
to this section; and
(b) Whose service areas are located in a common geographical area,
Ê may adopt joint plans of water conservation based on the climate and
living conditions of that common geographical area. Such a plan must
comply with the requirements of this section and NRS 540.141 .
6. The board of county commissioners of a county, the governing
body of a city and the town board or board of county commissioners having
jurisdiction of the affairs of a town shall:
(a) Adopt any ordinances necessary to carry out a plan of
conservation adopted pursuant to this section which applies to property
within its jurisdiction;
(b) Establish a schedule of fines for the violation of any
ordinances adopted pursuant to this subsection; and
(c) Hire such employees as it deems necessary to enforce the
provisions of any ordinances it adopts pursuant to this subsection.
(Added to NRS by 1991, 520; A 2005, 2570 )
1. A plan or joint plan of water conservation submitted to the
Section for review must include provisions relating to:
(a) Methods of public education to:
(1) Increase public awareness of the limited supply of water
in this State and the need to conserve water.
(2) Encourage reduction in the size of lawns and encourage
the use of plants that are adapted to arid and semiarid climates.
(b) Specific conservation measures required to meet the needs of
the service area, including, but not limited to, any conservation
measures required by law.
(c) The management of water to:
(1) Identify and reduce leakage in water supplies,
inaccuracies in water meters and high pressure in water supplies; and
(2) Where applicable, increase the reuse of effluent.
(d) A contingency plan for drought conditions that ensures 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 be accompanied
by an analysis of the feasibility of charging variable rates for the use
of water to encourage the conservation of water.
3. The Section shall review any plan or joint plan submitted to it
within 30 days after its submission and approve the plan if it is based
on the climate and living conditions of the service area and complies
with the requirements of this section.
4. The Chief may exempt wholesale water purveyors from the
provisions of this section which do not reasonably apply to wholesale
supply.
(Added to NRS by 1991, 521; A 2005, 2571 )
1. Except as otherwise provided in subsection 5, each supplier of
water which supplies water for municipal, industrial or domestic purposes
shall adopt a plan to provide incentives:
(a) To encourage water conservation in its service area;
(b) To retrofit existing structures with plumbing fixtures designed
to conserve the use of water; and
(c) For the installation of landscaping that uses a minimal amount
of water.
Ê The supplier of water may request assistance from the Section to
develop its plan.
2. As part of the procedure of adopting a plan, the supplier of
water shall provide an opportunity for any interested person to submit
written views and recommendations on the plan.
3. The supplier of water shall file a copy of the plan with the
Section for informational purposes.
4. The plan:
(a) Must be available for inspection by members of the public
during office hours at the offices of the supplier of water; and
(b) May be revised from time to time to reflect the changing needs
and conditions of the service area. Each such revision must be made
available for inspection by members of the public.
5. Suppliers of water:
(a) Who are required to adopt a plan for incentives pursuant to
this section; and
(b) Whose service areas are located in a common geographical area,
Ê may adopt joint plans.
(Added to NRS by 1991, 522; A 2005, 2571 )
