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AB 109

Revises provisions relating to water. (BDR 48-212)

2025 Regular Session Introduced by Selena La Rue Hatch

AB 109 tightens water-appropriation rules for geothermal and dissolved-mineral exploration, expanding State Engineer oversight and cross-agency permits before drilling.

(Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.)
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Bill Summary · AB 109

AB 109 — Summary (BDR 48-212)

Status: Introduced Jan. 8, 2025; passed Assembly Mar. 20, 2025 (Ayes 53, Noes 17); referred to Senate; final entry 4/12/2025 — “Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.”
Prefiled Jan. 22, 2025 (Assemblymember La Rue Hatch). Fiscal note: Effect on local government — No; Effect on the State — Yes.

Purpose / Intent

AB 109 revises Nevada statutory provisions governing the use and appropriation of water in connection with geothermal development and exploration of dissolved mineral resources. It clarifies public ownership of underground waters, tightens when State Engineer water-appropriation permits are required, and adjusts permitting coordination between the Division of Minerals (Administrator) and the State Engineer.

Key provisions (by subject and statute)

  • Changes to geothermal water appropriation (amends NRS 534A.040):
    • Any consumptive or nonconsumptive use of water brought to the surface to develop and obtain geothermal resources is subject to the State’s water-appropriation procedures (chapters 533 and 534).
    • Removes prior broad exception for water removed and reinjected into the same aquifer; retains limited exceptions for:
    • Water used in an exploratory well; and
    • Reasonable losses (e.g., during well testing or temporary system failure) as currently permitted.
  • Public ownership of groundwater for geothermal use (amends NRS 534A.050):
    • Clarifies underground waters belong to the public and use for geothermal development is subject to appropriation law.
  • Permit requirements coordinated with State Engineer (amends NRS 534A.060, 534A.070):
    • Persons must obtain both a Division of Minerals permit and, except as otherwise provided, a State Engineer permit to appropriate water before drilling/operating geothermal wells (including exploratory wells that use water subject to appropriation).
    • The Division must transmit geothermal permit applications to the State Engineer, Division of Environmental Protection, and Department of Wildlife for consultation; issuance by Division of Minerals requires consistency with specified policies and, when applicable, a State Engineer water permit.
  • Dissolved mineral resource exploration (amends NRS 534B.* provisions):
    • Underground waters that contain dissolved mineral resources are public and subject to appropriation law.
    • Upon receipt of an application to drill a dissolved-mineral exploration well, the Administrator must transmit it to the State Engineer for review. If the State Engineer finds potential interference with existing water rights, domestic wells, or public interest concerns, the applicant must obtain a water-appropriation permit before proceeding.
    • The requirement to obtain an appropriation permit is carved out as an exception to the current exemption allowing up to 5 acre-feet of “reasonable loss” during testing/sampling of dissolved-mineral exploration projects.
    • The Administrator’s statutory approval timelines for exploration-well permits are subject to exception if the State Engineer requires an appropriation permit.

Who is affected

  • Geothermal developers and operators (including owners of land with geothermal resources)
  • Companies and persons exploring dissolved mineral resources (brine/minerals)
  • State agencies: State Engineer, Division of Minerals, Division of Environmental Protection, Department of Wildlife
  • Holders of existing water rights and domestic well owners (potentially protected by State Engineer review)
  • Potentially impacts state administration costs due to increased permitting work (fiscal note indicates state effect)

Procedural / timeline notes

  • Assembly passage: 3/20/2025 (53–17). Transmitted to Senate and referred to Rules then to Standing committees (e.g., Budget; B. & F. R.).
  • The bill contains provisions noted as requiring a two‑thirds majority (per text annotations).
  • Final legislative entry (4/12/2025) indicates “no further action allowed” under Joint Standing Rule No. 14.3.1, suggesting the bill did not advance to full enactment after referral in the Senate.

Practical effect

If enacted, AB 109 would increase State Engineer oversight of water used in geothermal and dissolved-mineral projects, narrow prior exemptions (notably for reinjected water), and require closer interagency coordination before drilling/operating wells that use water subject to appropriation. That is likely to increase permitting steps and may delay or alter some geothermal/mineral exploration operations to address water-rights and domestic-well protections.

Compiled from official sources — confirm details with the bill’s official record.

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