Revises provisions relating to water. (BDR 48-384)
Summary
SB36 revises Nevada water law to create a voluntary program for retiring certain groundwater rights and to formalize the Nevada Conservation and Recreation Program in statute. The bill establishes the Account for Retiring Water Rights, authorizes the Director of the State Department of Conservation and Natural Resources to use that account to buy decreed or certificated groundwater rights from willing sellers or accept donations, and requires the State Engineer to retire those rights so they can no longer be appropriated. The retirement program is limited to groundwater rights approved on or before June 30, 2035, and the bill also bars new applications or donations after that date.
The bill also makes conforming changes to existing water-rights permitting law so the State Engineer must reject applications that seek to change or reinstate groundwater rights retired under the program. In addition, SB36 expands the state water-conservation grant program to allow grants for permanently retiring groundwater rights for conservation and groundwater-management purposes, and it changes the matching-fund formula for certain water-system grants from average household income to median household income. Overall, the bill is aimed at reducing groundwater pumping, addressing declining aquifers, and resolving conflicts with existing rights and domestic wells.
Impact
SB36 amends multiple chapters of NRS, primarily Chapters 232, 533, 534, and 349. It creates a new statutory framework for the Nevada Conservation and Recreation Program and a dedicated account to finance voluntary groundwater-rights retirement, while directing the State Engineer to permanently retire purchased or donated rights and prohibit future appropriation of those rights. It also changes the criteria for water-right applications and temporary permits to ensure retired rights cannot be revived, and it expands the scope of eligible water-conservation grants to include permanent retirement of groundwater rights. The bill further revises the grant cost-share calculation to use median household income, which may affect how much local recipients must contribute to projects.
Sentiment
The bill appears to have been broadly supported. It passed the Senate unanimously, 21-0, and the Assembly unanimously, 42-0, indicating strong bipartisan agreement. The available record does not include committee transcripts, so there is no documented floor or committee debate in the provided materials. The overall sentiment reflected by the voting history is favorable, likely due to the bill’s focus on voluntary conservation tools and groundwater protection.
Contention
No specific points of contention are documented in the provided committee materials, and the unanimous votes suggest limited visible opposition. Potential areas of policy sensitivity inherent in the bill include the use of public funds to purchase private water rights, the permanent retirement of groundwater rights, the 2035 cutoff for accepting applications and donations, and the shift from average to median household income for grant matching calculations. However, the record provided does not identify any legislators, stakeholders, or interest groups formally raising objections.