Revises provisions relating to water. (BDR 48-212)
Summary
AB 109 revises Nevada’s water and mineral-resource laws to make clear that water brought to the surface in geothermal and dissolved mineral resource projects is generally subject to the state’s water appropriation system. The bill changes existing geothermal provisions so that both consumptive and nonconsumptive uses of surface water for geothermal development fall under chapters 533 and 534 of NRS, with a narrower exception for exploratory wells and limited reasonable losses during testing or system failure. It also clarifies that underground waters belong to the public and that their use for geothermal development is governed by Nevada’s water-rights laws.
The bill also adds a stronger water-rights review step to the permitting process for geothermal wells and dissolved mineral resource exploration wells. Applicants would still need the existing permit from the Division of Minerals, but in certain cases they must also obtain a permit to appropriate water from the State Engineer before drilling or operating. For dissolved mineral resource exploration, the Administrator must send applications to the State Engineer, who may require a water-rights permit if the project could affect existing rights, domestic wells, or the public interest. The bill also preserves the existing 5-acre-foot exemption for testing and sampling, but makes that exemption subordinate to the new review and permitting requirements when the State Engineer determines a water-rights permit is needed.
Impact
AB 109 would amend multiple sections of Nevada Revised Statutes chapters 534A and 534B to integrate geothermal and dissolved mineral resource exploration more directly into the state’s water-appropriation framework. It would expand the circumstances in which a permit from the State Engineer is required, clarify public ownership of underground waters, and limit reliance on existing exemptions for exploratory and testing-related water use. The bill would affect geothermal operators, mineral exploration companies, the Division of Minerals, the State Engineer, and potentially holders of existing water rights and domestic well users.
Sentiment
The bill appears to be framed as a water-protection and clarification measure, with no recorded committee transcript or vote history indicating opposition or support. Based on the text, its policy direction is cautious and regulatory, emphasizing protection of existing water rights, domestic wells, and the public interest while preserving limited exceptions for exploratory activity. The absence of recorded votes or discussion suggests there is no documented public controversy in the available materials.
Contention
The main point of contention is likely the added requirement that geothermal and dissolved mineral resource projects obtain water-appropriation permits in more situations than under current law. Industry stakeholders involved in geothermal development or mineral exploration may view the bill as adding delay, cost, and uncertainty, especially because the State Engineer can require a permit if a project may interfere with existing rights or the public interest. On the other side, water-rights holders, domestic well users, and resource-protection advocates would likely support the bill’s tighter oversight and clearer statement that underground waters are public and subject to appropriation laws.