CONSERVATION OF COLORADO RIVER WATER ACT

[Rev. 5/3/2022 9:30:19 AM--2021]

Chapter 364, Statutes of Nevada 2021

AN ACT relating to water; prohibiting, with certain exceptions, the use of water from the Colorado River to irrigate nonfunctional turf on certain property; requiring the Board of Directors of the Southern Nevada Water Authority to develop a plan for the removal of nonfunctional turf on certain property; creating and setting forth the duties of the Nonfunctional Turf Removal Advisory Committee; requiring the Legislative Committee on Public Lands to conduct a study concerning water conservation; and providing other matters properly relating thereto.

[Approved: June 4, 2021]

(Leadlines for sections have been supplied by the Legislative Counsel of the State of Nevada)

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

Sec. 36. Definitions. As used in this act, unless the context otherwise requires, the words and terms defined in sections 37 and 38 of this act have the meanings ascribed to them in those sections.

(Ch. 364, Stats. 2021 p. 2179)

Sec. 37. “Board of Directors” defined. “Board of Directors” means the Board of Directors of the Southern Nevada Water Authority.

(Ch. 364, Stats. 2021 p. 2180)

Sec. 38. “Southern Nevada Water Authority” defined. “Southern Nevada Water Authority” means the political subdivision of the State of Nevada created on July 25, 1991, by a cooperative agreement entered into on that date pursuant to the provisions of NRS 277.080 to 277.180, inclusive.

(Ch. 364, Stats. 2021 p. 2180)

Sec. 39. Irrigation of nonfunctional turf on certain property prohibited on and after January 1, 2027; duties of Board of Directors; extension or waiver from prohibition and certain provisions.

1. Except as otherwise provided in this section, on and after January 1, 2027, the waters of the Colorado River distributed by the Southern Nevada Water Authority or one of the member agencies of the Southern Nevada Water Authority may not be used to irrigate nonfunctional turf on any property that is not zoned exclusively for a single-family residence.

2. The Board of Directors shall:

(a) Define “functional turf” and “nonfunctional turf” for the purposes of subsection 1 and promulgate the definitions in the service rules of the member agencies of the Southern Nevada Water Authority; and

(b) Develop a plan to identify and facilitate the removal of existing nonfunctional turf within the service area of the Southern Nevada Water Authority on property that is not zoned exclusively for a single-family residence. The plan must, without limitation:

(1) Establish phases for the removal of nonfunctional turf based on categories of water users; and

(2) Establish deadlines within the service area of the Southern Nevada Water Authority for existing customers to remove nonfunctional turf on property that is not zoned exclusively for a single-family residence before December 31, 2026.

3. The Board of Directors may approve an extension or a waiver from:

(a) The prohibition set forth in subsection 1; and

(b) The provisions of the plan developed pursuant to subsection 2.

4. The provisions of this section do not prohibit a person from:

(a) Complying with any requirement adopted by the governing body of a county or city pursuant to chapter 278 of NRS to maintain open space or drought tolerant landscaping on any property that is not zoned exclusively for a single family residence; or

(b) Using alternative sources of water to irrigate nonfunctional turf on and after January 1, 2027, on any property that is not zoned exclusively for a single-family residence.

(Ch. 364, Stats. 2021 p. 2180)

Sec. 40. Nonfunctional Turf Removal Advisory Committee: Creation; membership; service without compensation. [Effective through December 31, 2026.]

1. The Nonfunctional Turf Removal Advisory Committee is hereby created. The Advisory Committee consists of the following nine voting members appointed by the Board of Directors:

(a) One member who represents an office park with existing nonfunctional turf at the time the member is appointed;

(b) One member who represents an organization representing businesses;

(c) One member who represents an industrial or commercial business with existing nonfunctional turf at the time the member is appointed;

(d) Two members who represent a common-interest community with existing nonfunctional turf at the time the member is appointed;

(e) One member who represents multi-family housing with existing nonfunctional turf at the time the member is appointed;

(f) One member who represents an environmental organization;

(g) One member who represents a local government with existing nonfunctional turf at the time the member is appointed; and

(h) One member who represents a golf course with existing nonfunctional turf at the time the member is appointed.

2. Members of the Advisory Committee serve without compensation.

(Ch. 364, Stats. 2021 p. 2180)

Sec. 41. Nonfunctional Turf Removal Advisory Committee: Powers and duties. [Effective through December 31, 2026.] The Nonfunctional Turf Removal Advisory Committee:

1. Shall discuss issues related to the use and removal of nonfunctional turf by each water use sector, including, without limitation, issues relating to the plan developed pursuant to section 39 of this act to identify and remove nonfunctional turf; and

2. May provide written recommendations to the Board of Directors regarding the plan developed pursuant to section 39 of this act, including, without limitation, any recommendations for waivers or exemptions to the provisions of section 39 of this act. Any recommendation made by the Advisory Committee must be approved by a majority vote of all of the voting members of the Advisory Committee. Any dissenting opinion of a member of the Advisory Committee to a recommendation must be fully documented and included with the recommendation to the Board of Directors.

(Ch. 364, Stats. 2021 p. 2181)