[Rev. 11/21/2013 12:20:28
PM--2013]
CHAPTER 540 - PLANNING AND DEVELOPMENT OF
WATER RESOURCES
GENERAL PROVISIONS
NRS 540.011 Legislative
declaration.
NRS 540.021 Definitions.
DIVISION OF WATER RESOURCES
NRS 540.031 Creation
of Water Planning Section.
NRS 540.036 Chief:
Appointment.
NRS 540.041 Chief:
Qualifications; duties; employment of staff.
NRS 540.051 Duties
of Section.
REPORTING OF APPROVED PROJECTS
NRS 540.061 Statement
of legislative intent relating to reporting of projects to Chief.
NRS 540.071 “Project”
defined.
NRS 540.081 Applicability
of NRS 540.061 to 540.091,
inclusive.
NRS 540.091 Reports
of approved projects: Contents; filing; deposit of fees.
PLANNING AND DEVELOPMENT
NRS 540.111 Advisory
Board on Water Resources Planning and Development: Creation; members;
vacancies; compensation; Chair; meetings; quorum; duties.
WATER CONSERVATION
NRS 540.121 “Supplier
of water” defined.
NRS 540.131 Plan
of water conservation: Procedure for adoption and updating of plan; review of
plan by Section; joint plans permitted by certain suppliers; duties of local governing
body.
NRS 540.141 Required
provisions of plan or joint plan of water conservation; review by Section;
posting of plans and joint plans on Internet website.
NRS 540.151 Supplier
of water required to adopt plan to provide certain incentives; procedure for
adoption of plan; adoption of joint plans permitted.
_________
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GENERAL PROVISIONS
NRS 540.011 Legislative declaration.
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 the policy of the State to encourage efficient and nonwasteful
use of these limited supplies. It is also the policy of the State to encourage
suppliers of water to establish prices for the use of water that maximize water
conservation with due consideration to the essential service needs of customers
and the economic burdens on businesses, public services and low-income
households.
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; 2007, 1252)
NRS 540.021 Definitions. 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
NRS 540.031 Creation of Water Planning Section. The
Water Planning Section of the Division is hereby created.
(Added to NRS by 1977, 1170; A 1989, 1238; 2005, 2566)
NRS 540.036 Chief: Appointment.
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)
NRS 540.041 Chief: Qualifications; duties; employment of staff.
1. The Chief:
(a) Must be selected with special reference to
his or her 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 or her duties.
(Added to NRS by 1977, 1170; A 1985, 437; 1995, 2316; 1999, 1087; 2005, 2566; 2013, 1631)
NRS 540.051 Duties of Section. 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
NRS 540.061 Statement of legislative intent relating to reporting of
projects to Chief. 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)
NRS 540.071 “Project” defined. 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)
NRS 540.081 Applicability of NRS 540.061 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 Reports of approved projects: Contents; filing; deposit of fees.
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
received 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
NRS 540.111 Advisory Board on Water Resources Planning and Development:
Creation; members; vacancies; compensation; Chair; meetings; quorum; duties.
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 55,000;
(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 Chair 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 Chair 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; 2011, 1294)
WATER CONSERVATION
NRS 540.121 “Supplier of water” defined. 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)
NRS 540.131 Plan of water conservation: Procedure for adoption and updating
of plan; review of plan by Section; joint plans permitted by certain suppliers;
duties of local governing body.
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 and NRS 540.141 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; 2007, 1253)
NRS 540.141 Required provisions of plan or joint plan of water conservation;
review by Section; posting of plans and joint plans on Internet website.
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 or joint
plan.
(f) Measures to evaluate the effectiveness of the
plan or joint plan.
(g) For each conservation measure specified in
the plan or joint plan, an estimate of the amount of water that will be
conserved each year as a result of the adoption of the plan or joint plan,
stated in terms of gallons of water per person per day.
2. A plan or joint plan submitted for
review must be accompanied by an analysis of:
(a) The feasibility of charging variable rates
for the use of water to encourage the conservation of water.
(b) How the rates that are proposed to be charged
for the use of water in the plan or joint plan will maximize water
conservation, including, without limitation, an estimate of the manner in which
the rates will affect consumption 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.
5. To the extent practicable, the State
Engineer shall provide on the Internet website of the State Engineer a link to
the plans and joint plans that are submitted for review. In carrying out the
provisions of this subsection, the State Engineer is not responsible for
ensuring, and is not liable for failing to ensure, that the plans and joint
plans which are provided on the Internet website are accurate and current.
(Added to NRS by 1991, 521; A 2005, 2571; 2007, 1254)
NRS 540.151 Supplier of water required to adopt plan to provide certain
incentives; procedure for adoption of plan; adoption of joint plans permitted.
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)