Under existing law, the State Engineer is authorized to regulate the construction, reconstruction, alteration and operation of dams and other obstructions of waterways in the State of Nevada. (NRS 532.110, 532.120, chapter 535 of NRS) Section 1 of this bill exempts the State Engineer and any assistant or authorized agent of the State Engineer from liability for damages caused by certain failures of a dam or reservoir that may occur as a result of an inspection, emergency response or enforcement of an order or regulation by the State Engineer or his or her assistant or authorized agent. Under existing law, any person proposing to construct a dam in this State must obtain a permit from the State Engineer to appropriate, store and use the water impounded or diverted by the proposed dam before beginning construction and, upon obtaining or possessing such a permit, must submit, in triplicate, to the State Engineer for approval plans and specifications for certain dams. Existing law further: (1) authorizes the State Engineer to inspect the construction of a dam at any time for compliance with the approved plans and specifications; (2) prohibits the construction and use of any dam, under certain circumstances, before the approval of plans and specifications by the State Engineer; and (3) makes it a misdemeanor to construct or use a dam without first obtaining such approval. (NRS 535.010) Section 2 of this bill makes these provisions applicable to the reconstruction or alteration of a dam. Section 2 also removes the requirement that any person proposing to construct a dam in this State obtain a permit to appropriate, store and use water impounded or diverted by the proposed dam before beginning construction of the dam and instead requires any person proposing to construct, reconstruct or alter a dam to obtain approval from the State Engineer before beginning construction, reconstruction or alteration of the dam. Section 2 further: (1) requires a person to submit plans and specifications to the State Engineer for approval if the dam is classified by the State Engineer as a high hazard or significant hazard dam; and (2) removes the requirement that such plans and specifications be submitted in triplicate. Under existing law, the State Engineer is authorized to impose certain administrative fines for, or may seek injunctive relief upon, the violation of any permit issued by the State Engineer relating to the construction, reconstruction or alteration of a dam. (NRS 535.200, 535.210) Sections 8 and 9 of this bill authorize the imposition of certain administrative fines or the seeking of injunctive relief upon the violation of any approval issued by the State Engineer in conformity with the removal of the requirement to obtain a permit made in section 2. Under existing law, the State Engineer is required to file with the Board of Wildlife Commissioners a copy of applications for approval of plans and specifications for a new dam or for the alteration and enlargement of any dam in a stream. (NRS 535.020) Section 3 of this bill instead requires the State Engineer to notify the Department of Wildlife when an application for decommissioning a dam is filed or a request for approval of plans and specifications of a new dam or for the alteration and enlargement of any dam in a stream is submitted and to make the application or plans and specifications available to the Department. Under existing law, works constructed by the United States Bureau of Reclamation or the United States Army Corps of Engineers are exempt from certain requirements relating to dams, including requirements for the approval of plans and specifications and inspections and safety and repair requirements. (NRS 535.010, 535.030) Sections 2 and 4 of this bill exempt any works under the jurisdiction of the United States Bureau of Reclamation or the United States Army Corps of Engineers from such requirements. Under existing law, the State Engineer or any assistant or authorized agent of the State Engineer is authorized to enter any land, at a reasonable hour, where a dam or obstruction is situated to investigate and carry out the duties of the State Engineer. (NRS 535.035) Section 5 of this bill further authorizes the State Engineer or any assistant or authorized agent of the State Engineer to enter the land of any parcel adjacent to where a dam or other obstruction is located as is necessary to access the dam or other obstruction. Under existing law, the State Engineer is authorized to order the removal of any dam, diversion works or obstruction that has not been legally established by certain means. If such a dam, diversion works or obstruction is ordered removed by the State Engineer and is not removed after the service of a 30-day notice upon the owner or person controlling the dam, diversion works or obstruction, or an appeal of the removal order has not been filed, the State Engineer may remove the dam, diversion works or obstruction. (NRS 535.050) Section 6 of this bill authorizes the State Engineer to remove a dam, diversion works or obstruction not legally established after providing a written, not served, copy of the 30-day notice on the owner of the dam, diversion works or obstruction. Under existing law, the State Engineer is authorized to remove a beaver on privately owned land if it is determined the beaver is interfering with the flow of water to the detriment of water users and after service of a written notice on the owner of the private land. (NRS 535.060) Section 7 of this bill requires that the written notice be provided to the land owner and need not be served.

Statutes affected:
As Introduced: 535.010, 535.020, 535.030, 535.035, 535.050, 535.060, 535.200, 535.210
BDR: 535.010, 535.020, 535.030, 535.035, 535.050, 535.060, 535.200, 535.210