Nevada Code § 533.565

Dedication of right to appropriate water: Requirements; exceptions
Open in Lexace · Ask the AI about this section
1. Before a supplier of water may require
the dedication of a right to appropriate water in order to ensure a sufficient
supply of water to provide new or modified water service to one or more
parcels, the dedication requirement must:
(a) Be required pursuant to an ordinance, rule,
regulation or any other requirement adopted by the supplier of water;
(b) Be based on reliable data and procedures estimating
demand;
(c) Consider any requirements for a sustainable
water supply; and
(d) Consider historic usage by similar existing
water services.
2. If a right to appropriate water has
been dedicated pursuant to subsection 1 in connection with the approval of a
final map filed pursuant to the provisions of NRS
278.010 to 278.630 , inclusive, a
supplier of water may not reduce the rate of diversion of the right to
appropriate water that has been dedicated unless the State Engineer approves
the reduction.
3. Except as otherwise provided in this
subsection, a supplier of water may not sell, lease, convey or transfer a right
to appropriate water that has been dedicated pursuant to subsection 1. This
subsection does not apply to:
(a) Mergers and acquisitions of a water system
owned or operated by a utility;
(b) Sales, leases, conveyances or transfers by
the supplier of water to:
(1) Develop, improve or maintain the
availability and reliability of the water supply; and
(2) Further the sustainable and efficient
management of the water supply; or
(c) Settlements of judicial or administrative
proceedings concerning a water system owned or operated by a utility.
4. As used in this section:
(a) Final map has the meaning ascribed to it in NRS 278.0145 .
(b) Modified water service means a change or
alteration to:
(1) The quantity of water delivered to one
or more parcels;
(2) The capacity to deliver water to one
or more parcels; or
(3) Any facility of the supplier of water
necessitated by construction on one or more parcels.
(c) Supplier of water includes, without
limitation:
(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;
(3) A public utility; and
(4) Any other public or private entity,
that
supplies water for municipal, industrial or domestic purposes.

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.