A. All maps of land division, including parcel maps, subdivision maps and maps of division of land into large parcels, must dedicate or relinquish water rights as follows:
1. If the land encompassed by any map of land division is not within the existing boundaries of a public water system as defined in Nevada Revised Statutes 445A and the newly created parcels are to be served by domestic well:
a. The land divider shall relinquish to the State Engineer water rights necessary to ensure an adequate water supply for domestic use of the newly created parcels from within the water basin in which the parcel is located; and
b. The land divider shall bear all costs associated with such relinquishment; and
c. For purposes of this section, valid underground water rights in the amount of 2.0 acre-feet per year shall be relinquished for each new parcel created by the land division; and
d. No map of land division shall be recorded until the requirements of this section have been satisfied.
2. If the land encompassed by any map of land division is within the boundaries of, or will be served by a public water system as defined in Nevada Revised Statutes 445A:
a. The dedication or relinquishment of water rights necessary to ensure an adequate supply for the domestic use of the newly created parcels shall follow the rules and requirements of that system, or a written statement from the water system that no dedication or relinquishment requirement exists, or that dedication or relinquishment requirements have been satisfied, must be submitted before a map may be recorded; and
b. The land divider shall bear all costs associated with such relinquishment; and
c. For the purpose of this section, necessary water rights required shall be determined by the rules and requirements of the water system.
3. If a land division map is created on land subject to a conservation or agricultural easement meeting the requirements of section 170(h) of the Internal Revenue Code, the requirements for dedication or relinquishment of water rights enumerated in subsections A1 and A2 of this section may be waived by the Board for those portions of the land division map subject to the easement when the following findings can be made:
a. The conservation or agricultural easement creates a perpetual restriction on development of the parcel(s) for residential use; and
b. The conservation or agricultural easement is held by a qualified land protection organization; and
c. The conservation or agricultural easement document conforms to the requirements of subsection
15.340.08A4e of this title. (Ord. 603, 11-1-2018)