Nevada passes two bills to preserve the state’s groundwater for future generations

In a move that marks a major step toward preserving water for the state’s future, Nevada Governor Joe Lombardo signed two bills, Nevada Assembly Bill 104 (AB 104) and Senate Bill 36 (SB 36), into law. These bills establish the Nevada Voluntary Water Rights Retirement Program, a statewide initiative that enables groundwater rights holders, including agricultural producers, to voluntarily retire groundwater rights in areas where water use exceeds long-term water availability. They also create the Account for Retiring Water Rights, a dedicated fund within the Department of Conservation and Natural Resources, that will be used to purchase and retire groundwater rights. Once retired, these rights are permanently removed from use, helping stabilize aquifers and protect natural ecosystems.

The groundwater rights retirement program originated from a bill proposed by Senator Pete Goicoechea in the previous session. It has received widespread support from legislators, conservation groups, agricultural producers, and water managers across the state, who recognize the importance of protecting Nevada’s groundwater resources. Here’s what some of them had to say:

Assemblymember Natha Anderson, Assembly District 30, D-Washoe County: “Both AB104 and SB36 are products of more than two years of work from a group of people who truly care about Nevada. The 'buy back of water rights' (found in both 104 and SB36) recognizes our changing and diversity of water needs. These companion bills show what can happen when people trust each other enough to ask questions, disagree, and come to consensus on important legislation.”

Senator Julie Pazina, Senate District 12, D-Las Vegas, Chair of 2023-24 Interim Natural Resources Committee: “The results of Nevada’s pilot groundwater rights retirement program showed us that Nevadans are not only ready and willing to conserve groundwater, they also understand the critical importance of water conservation. As one of the driest states in the nation, AB 104 and SB 36 build on these successes to give Nevada a voluntary and science-based solution to preserve this precious resource for our future."

Senator Michelee Cruz Crawford, Senate District 1, D-North Las Vegas, Chair of Senate Natural Resources Committee: “Water is one of Nevada’s most precious natural resources, and preserving it is essential to the future of our communities, environment, and economy. SB 36 and AB 104 represent a meaningful step forward in responsibly managing our groundwater as we work toward long-term sustainability."

Jeff Fontaine, Executive Director of Central Nevada Regional Water Authority and Humboldt River Basin Water Authority: “The creation of a groundwater retirement program is a major milestone for water conservation in Nevada. The strong interest in the pilot retirement program implemented prior to the 2025 Legislative Session highlighted the need for a long-term solution, especially given the large number of groundwater basins in the Central Region and Humboldt Basin that are over-pumped and have declining groundwater levels. These bills allow the program to continue, giving water rights holders and communities an important tool for a sustainable future.”

Laurel Saito, Nevada Water Strategy Director for The Nature Conservancy: “Wise water management is critical to ensure livelihoods for people and nature in Nevada into the future. These bills enable another tool to resolve overuse of groundwater and we are committed to seeking funds and implementing projects that can demonstrate effective groundwater rights retirement.”

Andrew Belanger, Southern Nevada Water Authority Director of Public Services: “These bills will help Nevada bring chronically over-pumped groundwater basins into balance. The voluntary water rights retirement program will enable the state to manage these critical water resources more effectively.”

Jake Tibbitts, Natural Resources Manager, Eureka County: “Sustainable water use is important to all Nevadans, and it’s encouraging to see such a diverse range of voices come together to address this challenge. Through the strong interest and success of the groundwater retirement pilot project, I’ve seen firsthand how effective this tool can be in tackling the very issues these bills aim to solve. Groundwater rights retirement offers a practical and more consensus-based path to managing water sustainably, without relying on conflict or litigation.”

Kyle Roerink, Executive Director of the Great Basin Water Network: "Our organizations have set aside many differences to find common ground for the common good on this measure. With this framework in place, we must now find funds to fill its coffers. Governor Lombardo's signature sends a signal that this program is worth the investment for stabilizing groundwater systems throughout the state."

Nevada Farm Bureau issued the following statement: “Nevada Farm Bureau is proud of the collaboration that went into this effort and happy to see real progress on meaningful water policy for our state. This is a significant step forward for voluntary solutions and responsible resource management.”

Peter Stanton, CEO of the Walker Basin Conservancy: “Nevada’s legislature took a major step forward for water policy by establishing this program,” said Peter Stanton, CEO of the Walker Basin Conservancy. “This program will help us build on the success of the Nevada Water Conservation and Infrastructure Initiative, which helped communities of the Walker River watershed retire 1,700 acre-feet of groundwater rights and had overwhelming interest from participants. This new program is a critical tool to ensure a sustainable water supply—for agriculture, homes, and our local economy—well into the future.”

Maurice Hall, PhD, Senior Advisor, Climate Resilient Water Systems, Environmental Defense Fund: “We’re very pleased to see Nevada advance this valuable tool to strengthen groundwater resilience for the farms, communities, and ecosystems in the state. We hope that other states facing groundwater challenges will look to Nevada’s example to craft similar tools for building water resilience across the West.”