(Reprinted with amendments adopted on April 10, 2025)
FIRST REPRINT A.B. 26
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ASSEMBLY BILL NO. 26–COMMITTEE ON NATURAL RESOURCES
(ON BEHALF OF THE DIVISION OF WATER RESOURCES
OF THE STATE DEPARTMENT OF
CONSERVATION AND NATURAL RESOURCES)
PREFILED NOVEMBER 12, 2024
____________
Referred to Committee on Natural Resources
SUMMARY—Revises provisions relating to dams. (BDR 48-261)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to water; exempting the State Engineer from
liability for certain damages resulting from the
performance of certain duties; revising provisions relating
to the construction, reconstruction or alteration of a dam;
exempting certain works under the jurisdiction of the
United States Bureau of Reclamation or the United States
Army Corps of Engineers from certain requirements
relating to dams; requiring that certain applications
relating to dams be made available to the Department of
Wildlife; authorizing the State Engineer to enter certain
parcels of land to access a dam or other obstruction;
revising provisions relating to the removal of any dam,
diversion works or obstruction; revising provisions
relating to the removal of certain animals interfering with
the flow of water; providing a penalty; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, the State Engineer is authorized to regulate the 1
construction, reconstruction, alteration and operation of dams and other 2
obstructions of waterways in the State of Nevada. (NRS 532.110, 532.120, chapter 3
535 of NRS) Section 1 of this bill exempts the State Engineer and any assistant of 4
the State Engineer from liability for damages caused by certain failures of a dam or 5
reservoir that may occur as a result of an inspection, emergency response or 6
enforcement of an order or regulation by the State Engineer or his or her assistant. 7
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Under existing law, any person proposing to construct a dam in this State must 8
obtain a permit from the State Engineer to appropriate, store and use the water 9
impounded or diverted by the proposed dam before beginning construction and, 10
upon obtaining or possessing such a permit, must submit, in triplicate, to the State 11
Engineer for approval plans and specifications for certain dams. Existing law 12
further: (1) authorizes the State Engineer to inspect the construction of a dam at any 13
time for compliance with the approved plans and specifications; (2) prohibits the 14
construction and use of any dam, under certain circumstances, before the approval 15
of plans and specifications by the State Engineer; and (3) makes it a misdemeanor 16
to construct or use a dam without first obtaining such approval. (NRS 535.010) 17
Section 2 of this bill makes these provisions applicable to the reconstruction or 18
alteration of a dam. Section 2 also removes the requirement that any person 19
proposing to construct a dam in this State obtain a permit to appropriate, store and 20
use water impounded or diverted by the proposed dam before beginning 21
construction of the dam and instead requires any person proposing to construct, 22
reconstruct or alter a dam to obtain approval from the State Engineer before 23
beginning construction, reconstruction or alteration of the dam. Section 2 further: 24
(1) requires a person to submit plans and specifications to the State Engineer for 25
approval if the dam is classified by the State Engineer as a high hazard or 26
significant hazard dam; and (2) removes the requirement that such plans and 27
specifications be submitted in triplicate. 28
Under existing law, the State Engineer is authorized to impose certain 29
administrative fines for, or may seek injunctive relief upon, the violation of any 30
permit issued by the State Engineer relating to the construction, reconstruction or 31
alteration of a dam. (NRS 535.200, 535.210) Sections 8 and 9 of this bill authorize 32
the imposition of certain administrative fines or the seeking of injunctive relief 33
upon the violation of any approval issued by the State Engineer in conformity with 34
the removal of the requirement to obtain a permit made in section 2. 35
Under existing law, the State Engineer is required to file with the Board of 36
Wildlife Commissioners a copy of applications for approval of plans and 37
specifications for a new dam or for the alteration and enlargement of any dam in a 38
stream. (NRS 535.020) Section 3 of this bill instead requires the State Engineer to 39
notify the Department of Wildlife when an application for decommissioning a dam 40
is filed or a request for approval of plans and specifications of a new dam or for the 41
alteration and enlargement of any dam in a stream is submitted and to make the 42
application or plans and specifications available to the Department. 43
Under existing law, works constructed by the United States Bureau of 44
Reclamation or the United States Army Corps of Engineers are exempt from certain 45
requirements relating to dams, including requirements for the approval of plans and 46
specifications and inspections and safety and repair requirements. (NRS 535.010, 47
535.030) Sections 2 and 4 of this bill exempt any works under the jurisdiction of 48
the United States Bureau of Reclamation or the United States Army Corps of 49
Engineers from such requirements. 50
Under existing law, the State Engineer or any assistant or authorized agent of 51
the State Engineer is authorized to enter any land, at a reasonable hour, where a 52
dam or obstruction is situated to investigate and carry out the duties of the State 53
Engineer. (NRS 535.035) Section 5 of this bill further authorizes the State Engineer 54
or any assistant or authorized agent of the State Engineer to enter the land of any 55
parcel adjacent to where a dam or other obstruction is located as is necessary to 56
access the dam or other obstruction. 57
Under existing law, the State Engineer is authorized to order the removal of any 58
dam, diversion works or obstruction that has not been legally established by certain 59
means. If such a dam, diversion works or obstruction is ordered removed by the 60
State Engineer and is not removed after the service of a 30-day notice upon the 61
owner or person controlling the dam, diversion works or obstruction, or an appeal 62
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of the removal order has not been filed, the State Engineer may remove the dam, 63
diversion works or obstruction. (NRS 535.050) Section 6 of this bill authorizes the 64
State Engineer to remove a dam, diversion works or obstruction not legally 65
established after providing a written, not served, copy of the 30-day notice to the 66
owner of the dam, diversion works or obstruction. 67
Under existing law, the State Engineer is authorized to remove a beaver on 68
privately owned land if it is determined the beaver is interfering with the flow of 69
water to the detriment of water users and after service of a written notice on the 70
owner of the private land. (NRS 535.060) Section 7 of this bill requires that the 71
written notice be provided to the landowner and need not be served. 72
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 535 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
The State Engineer and any assistant of the State Engineer are 3
not liable for any damages caused by the partial or total failure of 4
a dam or reservoir as a result of any inspection, emergency 5
response or enforcement of an order or regulation by the State 6
Engineer or his or her assistant. 7
Sec. 2. NRS 535.010 is hereby amended to read as follows: 8
535.010 1. Any person proposing to construct , reconstruct 9
or alter a dam in this state shall, before beginning construction, 10
reconstruction or alteration of the dam, obtain approval from the 11
State Engineer . [a permit to appropriate, store and use the water to 12
be impounded by or diverted by the dam.] 13
2. Any [such] person [obtaining or possessing such a permit] 14
who obtains approval from the State Engineer pursuant to 15
subsection 1 shall: 16
(a) Before constructing, reconstructing or altering in any way 17
any dam, notify the State Engineer thereof; and 18
(b) [Where the dam is] Submit to the State Engineer for 19
approval plans and specifications for the construction, 20
reconstruction or alteration of the dam, if the dam: 21
(1) Is or will be 20 feet or more in height, measured from the 22
downstream toe to the crest of the dam [, or is] ; 23
(2) Is less than 20 feet in height and will impound more than 24
20 acre-feet of water [, submit to the State Engineer in triplicate 25
plans and specifications thereof for approval 30 days before 26
construction is to begin.] ; or 27
(3) Is classified by the State Engineer as a high hazard or 28
significant hazard dam. 29
3. The State Engineer shall examine [such] any plans and 30
specifications submitted pursuant to subsection 2 and if [the State 31
Engineer approves them] approved, the State Engineer shall return 32
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[one] a copy of the plans and specifications with such approval to 1
the applicant. If the State Engineer disapproves any part of the plans 2
and specifications the State Engineer shall return them to the 3
applicant for correction or revision. 4
4. The construction , reconstruction, alteration and use of any 5
dam is prohibited before approval [of the plans and specifications] 6
by the State Engineer [.] is obtained pursuant to subsection 1. 7
5. The State Engineer may at any time inspect or cause to be 8
inspected the construction , reconstruction or alteration work on a 9
dam while it is in progress to determine that it is being done in 10
accordance with the approved plans and specifications [.] , if 11
applicable. 12
6. [This section applies to new construction, reconstruction and 13
alteration of old structures. 14
7.] The provisions of this section relating to the approval of 15
plans and specifications and inspection of dams do not apply to 16
works [constructed by] under the jurisdiction of the United States 17
Bureau of Reclamation or the United States Army Corps of 18
Engineers , [;] but such federal agencies shall file duplicate plans 19
and specifications with the State Engineer. 20
[8.] 7. Any person beginning the construction , reconstruction 21
or alteration of any dam before notifying the State Engineer in 22
accordance with paragraph (a) of subsection 2 or obtaining 23
approval of the plans and specifications by the State Engineer, [or 24
without having given the State Engineer 30 days’ advance notice of 25
any proposed change, reconstruction or alteration thereof,] if 26
required pursuant to paragraph (b) of subsection 2, is guilty of a 27
misdemeanor. Each day of violation of this section constitutes a 28
separate offense and is separately punishable. 29
Sec. 3. NRS 535.020 is hereby amended to read as follows: 30
535.020 1. Whenever an application for decommissioning a 31
dam is filed or a request for approval of plans and specifications for 32
a new dam or for the alteration and enlargement of any dam in any 33
stream in this state is [filed with] submitted to the State Engineer, 34
the State Engineer shall [file a copy of the application with] notify 35
the [Board] Department of Wildlife [Commissioners.] and make 36
the application or plans and specifications, as applicable, available 37
to the Department of Wildlife. 38
2. In the construction of a dam, or the alteration or enlargement 39
of a dam, the owner shall conform with the provisions of law for the 40
installation of fishways over or around dams and for the protection 41
and preservation of fish in streams obstructed by dams. 42
Sec. 4. NRS 535.030 is hereby amended to read as follows: 43
535.030 1. The State Engineer from time to time shall: 44
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(a) Make inspections of dams at state expense for the purpose of 1
determining their safety; and 2
(b) Require owners to perform at their expense such work as 3
may be necessary to supply the State Engineer with information as 4
to the safety of such dams. 5
2. The owners shall perform at their expense any other work 6
necessary to maintenance and operation which will safeguard life 7
and property. 8
3. If at any time the condition of any dam becomes so 9
dangerous to the safety of life or property as not to permit sufficient 10
time for the issuance and enforcement of an order relative to the 11
maintenance or operation thereof, the State Engineer may, if he or 12
she deems it necessary, immediately employ the following remedial 13
measures to protect either life or property: 14
(a) Lower the water level by releasing water from the reservoir. 15
(b) Completely empty the reservoir. 16
(c) Take such other steps as may be essential to safeguard life 17
and property. 18
4. The provisions of this section shall not apply to works 19
[constructed by] under the jurisdiction of the United States Bureau 20
of Reclamation or the United States Army Corps of Engineers. 21
Sec. 5. NRS 535.035 is hereby amended to read as follows: 22
535.035 In addition to any inspection conducted pursuant to 23
NRS 535.010 or 535.030, the State Engineer or any assistant or 24
authorized agent of the State Engineer may enter the land of any 25
owner or proprietor where any dam or other obstruction is [situated] 26
located, and any adjacent parcel of land as is necessary to access 27
the dam or other obstruction, at any reasonable hour of the day to 28
investigate and carry out the duties of the State Engineer pursuant to 29
this chapter. 30
Sec. 6. NRS 535.050 is hereby amended to read as follows: 31
535.050 1. The State Engineer has the right, power and 32
authority to order the removal of any dam, diversion works or 33
obstruction that [has been placed in any stream channel or 34
watercourse when the dam, diversion works or obstruction] has not 35
been legally established and recognized through a valid claim of 36
vested right, by decree of court or [by a permit issued] approved by 37
the State of Nevada [.] in accordance with the provisions of this 38
section. 39
2. Nothing in this section is to be construed as giving the State 40
Engineer any right or authority to remove any dam or diversion 41
works that has been so legally recognized and established. 42
3. If the dam, diversion works or obstruction has not been 43
removed after 30 days’ notice in writing given by the State Engineer 44
[and served upon] to the owner [or person controlling] of the dam, 45
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diversion works or obstruction, or if no appeal has been taken from 1
the order of the State Engineer as is provided for in NRS 533.450, 2
then the State Engineer may remove the dam, diversion works or 3
obstruction. 4
4. The State Engineer shall charge the actual cost of [that] the 5
removal of the dam, diversion works or obstruction to the water 6
distribution account and thereafter present an itemized statement of 7
the charge to the board of county commissioners of the county 8
wherein those expenses were incurred. The board of county 9
commissioners shall thereupon present a bill for the expenses to the 10
person liable therefor under this section, and if that person neglects 11
for 30 days thereafter to pay it, the bill and costs become a lien upon 12
the lands and property of the person so liable for the payment of the 13
bill, and must be collected as delinquent taxes against the lands and 14
property are collected. 15
Sec. 7. NRS 535.060 is hereby amended to read as follows: 16
535.060 1. On any stream system and its tributaries in this 17
state the distribution of the waters of which are vested in the State 18
Engineer by law or the final decree of court, where beaver, by the 19
construction of dams or otherwise, are found to be interfering with 20
the lawful and necessary distribution of water to the proper users 21
thereof, the State Engineer, upon complaint of any interested water 22
user, shall investigate or cause the investigation of the matter. 23
2. The State Engineer and his or her assistants and water 24
commissioners and the Department of Wildlife and its agents may 25
enter upon privately owned lands for the purposes of investigating 26
the conditions complained of and the removal and trapping of 27
beaver. 28
3. If satisfied that such beaver are interfering with the flow of 29
water to the detriment of water users, the State Engineer shall 30
[serve] provide a written notice [on] to the owner of the land, if it is 31
privately owned, stating: 32
(a) That the beaver thereon are interfering with or stopping the 33
flow of water necessary for the proper serving of water rights; and 34
(b) That unless, within 10 days from receipt of the notice, 35
written objection to the removal of such beaver is filed with the 36
State Engineer by the landowner, the Department of Wildlife will 37
remove such beaver or as many thereof as will rectify the existing 38
conditions. 39
4. Failure of the landowner to file such written objections shall 40
be deemed a waiver thereof. Upon receipt of written objections, the 41
State Engineer may make further investigation and may sustain or 42
overrule the objections as the facts warrant. Upon the overruling of 43
the objections, the landowner may have them reviewed by the 44
district court having jurisdiction of the land by filing therein a 45
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petition for review within 10 days from the receipt of the order of 1
the State Engineer overruling the objections. The proceedings on the 2
petition must be informal and heard by the court at the earliest 3
possible moment. 4
5. Upon the landowner’s waiver of objections to the removal of 5
beaver from his or her land, or upon final determination by the court 6
that the beaver should be removed, the State Engineer shall 7
immediately notify the Department of Wildlife of the waiver or 8
determination and the Department or its agents shall enter upon the 9
land from which the beaver are to be removed and remove them or 10
as many as may be necessary to prevent the improper flow of water 11
as directed by the State Engineer. 12
6. The State Engineer may remove or cause the removal of any 13
beaver dam found to be obstructing the proper and necessary flow of 14
water to the detriment of water users. 15
Sec. 8. NRS 535.200 is hereby amended to read as follows: 16
535.200 1. In addition to any other penalty provided by law, 17
the State Engineer may, after notice and opportunity for a hearing, 18
require a person who violates any provision of this chapter, any 19
[permit,] approval, order or decision issued by the State Engineer 20
pursuant to this chapter or any regulation adopted by the State 21
Engineer pursuant to NRS 532.120 to pay an administrative fine not 22
to exceed $10,000 per day for each violation as determined by the 23
State Engineer. 24
2. If an administrative fine is imposed against a person 25
pursuant to subsection 1, the State Engineer may require the person 26
to pay the costs of the proceeding, including investigative costs and 27
attorney’s fees. 28
3. An order imposing an administrative fine or requiring the 29
payment of costs or fees pursuant to this section may be reviewed 30
by a district court pursuant to NRS 533.450. 31
Sec. 9. NRS 535.210 is hereby amended to read as follows: 32
535.210 1. The State Engineer may seek injunctive relief in 33
the appropriate court to prevent the continuance or occurrence of 34
any act or practice which violates any provision of this chapter, any 35
[permit,] approval, order or decision issued by the State Engineer 36
pursuant to this chapter or any regulation adopted by the State 37
Engineer pursuant to NRS 532.120. 38
2. On a showing by the State Engineer that a person is 39
engaged, or is about to engage, in any act or practice which violates 40
or will violate any provision of this chapter, any [permit,] approval, 41
order or decision issued by the State Engineer pursuant to this 42
chapter or any regulation adopted by the State Engineer pursuant to 43
NRS 532.120, the court may issue, without a bond, any prohibitory 44
or mandatory injunction that the facts may warrant, including a 45
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temporary restraining order issued ex parte or, after notice and 1
hearing, a preliminary or permanent injunction. 2
3. Failure to establish lack of an adequate remedy at law or 3
irreparable harm is not a ground for denying a request for a 4
temporary restraining order or injunction. 5
4. The court may require the posting of a sufficient 6
performance bond or other security to ensure compliance with the 7
court order within the period prescribed. 8
5. Any proceeding conducted or injunction or order issued 9
pursuant to this section is in addition to, and not in lieu of, any other 10
penalty or remedy available for a violation of this chapter. 11
Sec. 10. This act becomes effective upon passage and 12
approval. 13
H