One of the concepts which could come before the 2025 Nevada Legislative Session might be a proposal to refine Nevada water law to make it possible for conservation easements to be applied to groundwater. To accomplish this as a workable system, state conservation easement law would need to be updated to provide for addition of water rights in the section of statutes that deal with conservation easements and state water law would need to be amended to make “nonuse” of groundwater to be considered as a beneficial use.
This was addressed by Debbie Leonard in her response to the questions by the Nature Conservancy.
“Nevada’s conservation easement statute is based on the model form and does not explicitly allow for the protection of groundwater resources in situ. Because Nevada water law requires beneficial use of groundwater to avoid forfeiture or abandonment, I believe a statutory change is necessary to ensure a groundwater conservation easement serves its intended conservation purposes.”
Leonard’s paper also covers the need for changes to state water law in order for “retired” water rights to be kept as “retired” and not be re-appropriated in the future.
Nevada Farm Bureau’s current policy does support retirement of water rights in order to address over-appropriated and over-pumped groundwater basins. This was a reason that Farm Bureau supported the unsuccessful effort to pass SB 176 in the 2023 Legislative Session. The language of SB 176 did put in place the language which would have prevented “retired” water rights from being re-appropriated but did not make non-use a beneficial use.
While Farm Bureau’s focus is on rebalancing over-appropriated and over-pumped basins, the possible direction of a groundwater conservation easement might not be limited to basins within these types of parameters.
We hope discussions of future Farm Bureau policy positions will include specific conversations on whether our organization’s direction will cover “nonuse” being included as a “beneficial use.”
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