Nevada 2025 Regular Session

Nevada Assembly Bill AB26 Compare Versions

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Old	New	Differences
1	1
2	2
3	3	A.B. 26
4	4
5	5	- AB26
6	6
7	7	ASSEMBLY BILL NO. 26–COMMITTEE ON NATURAL RESOURCES
8	8
9	9	(ON BEHALF OF THE DIVISION OF WATER RESOURCES
10	10	OF THE STATE DEPARTMENT OF
11	11	CONSERVATION AND NATURAL RESOURCES)
12	12
13	13	PREFILED NOVEMBER 12, 2024
14	14	____________
15	15
16	16	Referred to Committee on Natural Resources
17	17
18	18	SUMMARY—Revises provisions relating to dams. (BDR 48-261)
19	19
20	20	FISCAL NOTE: Effect on Local Government: No.
21	21	Effect on the State: No.
22	22
23	23	~
24	24
25	25	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
26	26
27	27
28	28	AN ACT relating to water; exempting the State Engineer from
29	29	liability for certain damages resulting from the
30	30	performance of certain duties; revising provisions relating
31	31	to the construction, reconstruction or alteration of a dam;
32	32	exempting certain works under the jurisdiction of the
33	33	United States Bureau of Reclamation or the United States
34	34	Army Corps of Engineers from certain requirements
35	35	relating to dams; requiring that certain applications
36	36	relating to dams be made available to the Department of
37	37	Wildlife; authorizing the State Engineer to enter certain
38	38	parcels of land to access a dam or other obstruction;
39	39	revising provisions relating to the removal of any dam,
40	40	diversion works or obstruction; revising provisions
41	41	relating to the removal of certain animals interfering with
42	42	the flow of water; providing a penalty; and providing
43	43	other matters properly relating thereto.
44	44	Legislative Counsel’s Digest:
45	45	Under existing law, the State Engineer is authorized to regulate the 1
46	46	construction, reconstruction, alteration and operation of dams and other 2
47	47	obstructions of waterways in the State of Nevada. (NRS 532.110, 532.120, chapter 3
48	48	535 of NRS) Section 1 of this bill exempts the State Engineer and any assistant or 4
49	49	authorized agent of the State Engineer from liability for damages caused by certain 5
50	50	failures of a dam or reservoir that may occur as a result of an inspection, emergency 6
51	51	– 2 –
52	52
53	53
54	54	- AB26
55	55	response or enforcement of an order or regulation by the State Engineer or his or 7
56	56	her assistant or authorized agent. 8
57	57	Under existing law, any person proposing to construct a dam in this State must 9
58	58	obtain a permit from the State Engineer to appropriate, store and use the water 10
59	59	impounded or diverted by the proposed dam before beginning construction and, 11
60	60	upon obtaining or possessing such a permit, must submit, in triplicate, to the State 12
61	61	Engineer for approval plans and specifications for certain dams. Existing law 13
62	62	further: (1) authorizes the State Engineer to inspect the construction of a dam at any 14
63	63	time for compliance with the approved plans and specifications; (2) prohibits the 15
64	64	construction and use of any dam, under certain circumstances, before the approval 16
65	65	of plans and specifications by the State Engineer; and (3) makes it a misdemeanor 17
66	66	to construct or use a dam without first obtaining such approval. (NRS 535.010) 18
67	67	Section 2 of this bill makes these provisions applicable to the reconstruction or 19
68	68	alteration of a dam. Section 2 also removes the requirement that any person 20
69	69	proposing to construct a dam in this State obtain a permit to appropriate, store and 21
70	70	use water impounded or diverted by the proposed dam before beginning 22
71	71	construction of the dam and instead requires any person proposing to construct, 23
72	72	reconstruct or alter a dam to obtain approval from the State Engineer before 24
73	73	beginning construction, reconstruction or alteration of the dam. Section 2 further: 25
74	74	(1) requires a person to submit plans and specifications to the State Engineer for 26
75	75	approval if the dam is classified by the State Engineer as a high hazard or 27
76	76	significant hazard dam; and (2) removes the requirement that such plans and 28
77	77	specifications be submitted in triplicate. 29
78	78	Under existing law, the State Engineer is authorized to impose certain 30
79	79	administrative fines for, or may seek injunctive relief upon, the violation of any 31
80	80	permit issued by the State Engineer relating to the construction, reconstruction or 32
81	81	alteration of a dam. (NRS 535.200, 535.210) Sections 8 and 9 of this bill authorize 33
82	82	the imposition of certain administrative fines or the seeking of injunctive relief 34
83	83	upon the violation of any approval issued by the State Engineer in conformity with 35
84	84	the removal of the requirement to obtain a permit made in section 2. 36
85	85	Under existing law, the State Engineer is required to file with the Board of 37
86	86	Wildlife Commissioners a copy of applications for approval of plans and 38
87	87	specifications for a new dam or for the alteration and enlargement of any dam in a 39
88	88	stream. (NRS 535.020) Section 3 of this bill instead requires the State Engineer to 40
89	89	notify the Department of Wildlife when an application for decommissioning a dam 41
90	90	is filed or a request for approval of plans and specifications of a new dam or for the 42
91	91	alteration and enlargement of any dam in a stream is submitted and to make the 43
92	92	application or plans and specifications available to the Department. 44
93	93	Under existing law, works constructed by the United States Bureau of 45
94	94	Reclamation or the United States Army Corps of Engineers are exempt from certain 46
95	95	requirements relating to dams, including requirements for the approval of plans and 47
96	96	specifications and inspections and safety and repair requirements. (NRS 535.010, 48
97	97	535.030) Sections 2 and 4 of this bill exempt any works under the jurisdiction of 49
98	98	the United States Bureau of Reclamation or the United States Army Corps of 50
99	99	Engineers from such requirements. 51
100	100	Under existing law, the State Engineer or any assistant or authorized agent of 52
101	101	the State Engineer is authorized to enter any land, at a reasonable hour, where a 53
102	102	dam or obstruction is situated to investigate and carry out the duties of the State 54
103	103	Engineer. (NRS 535.035) Section 5 of this bill further authorizes the State Engineer 55
104	104	or any assistant or authorized agent of the State Engineer to enter the land of any 56
105	105	parcel adjacent to where a dam or other obstruction is located as is necessary to 57
106	106	access the dam or other obstruction. 58
107	107	Under existing law, the State Engineer is authorized to order the removal of any 59
108	108	dam, diversion works or obstruction that has not been legally established by certain 60
109	109	means. If such a dam, diversion works or obstruction is ordered removed by the 61
110	110	– 3 –
111	111
112	112
113	113	- AB26
114	114	State Engineer and is not removed after the service of a 30-day notice upon the 62
115	115	owner or person controlling the dam, diversion works or obstruction, or an appeal 63
116	116	of the removal order has not been filed, the State Engineer may remove the dam, 64
117	117	diversion works or obstruction. (NRS 535.050) Section 6 of this bill authorizes the 65
118	118	State Engineer to remove a dam, diversion works or obstruction not legally 66
119	119	established after providing a written, not served, copy of the 30-day notice on the 67
120	120	owner of the dam, diversion works or obstruction. 68
121	121	Under existing law, the State Engineer is authorized to remove a beaver on 69
122	122	privately owned land if it is determined the beaver is interfering with the flow of 70
123	123	water to the detriment of water users and after service of a written notice on the 71
124	124	owner of the private land. (NRS 535.060) Section 7 of this bill requires that the 72
125	125	written notice be provided to the land owner and need not be served. 73
126	126
127	127
128	128	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
129	129	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
130	130
131	131	Section 1. Chapter 535 of NRS is hereby amended by adding 1
132	132	thereto a new section to read as follows: 2
133	133	The State Engineer and any assistant or authorized agent of 3
134	134	the State Engineer are not liable for any damages caused by the 4
135	135	partial or total failure of a dam or reservoir as a result of any 5
136	136	inspection, emergency response or enforcement of an order or 6
137	137	regulation by the State Engineer or his or her assistant or 7
138	138	authorized agent. 8
139	139	Sec. 2. NRS 535.010 is hereby amended to read as follows: 9
140	140	535.010 1. Any person proposing to construct , reconstruct 10
141	141	or alter a dam in this state shall, before beginning construction, 11
142	142	reconstruction or alteration of the dam, obtain approval from the 12
143	143	State Engineer . [a permit to appropriate, store and use the water to 13
144	144	be impounded by or diverted by the dam.] 14
145	145	2. Any [such] person [obtaining or possessing such a permit] 15
146	146	who obtains approval from the State Engineer pursuant to 16
147	147	subsection 1 shall: 17
148	148	(a) Before constructing, reconstructing or altering in any way 18
149	149	any dam, notify the State Engineer thereof; and 19
150	150	(b) [Where the dam is] Submit to the State Engineer for 20
151	151	approval plans and specifications for the construction, 21
152	152	reconstruction or alteration of the dam, if the dam: 22
153	153	(1) Is or will be 20 feet or more in height, measured from the 23
154	154	downstream toe to the crest of the dam [, or is] ; 24
155	155	(2) Is less than 20 feet in height and will impound more than 25
156	156	20 acre-feet of water [, submit to the State Engineer in triplicate 26
157	157	plans and specifications thereof for approval 30 days before 27
158	158	construction is to begin.] ; or 28
159	159	(3) Is classified by the State Engineer as a high hazard or 29
160	160	significant hazard dam. 30
161	161	– 4 –
162	162
163	163
164	164	- AB26
165	165	3. The State Engineer shall examine [such] any plans and 1
166	166	specifications submitted pursuant to subsection 2 and if [the State 2
167	167	Engineer approves them] approved, the State Engineer shall return 3
168	168	[one] a copy of the plans and specifications with such approval to 4
169	169	the applicant. If the State Engineer disapproves any part of the plans 5
170	170	and specifications the State Engineer shall return them to the 6
171	171	applicant for correction or revision. 7
172	172	4. The construction , reconstruction, alteration and use of any 8
173	173	dam is prohibited before approval [of the plans and specifications] 9
174	174	by the State Engineer [.] is obtained pursuant to subsection 1. 10
175	175	5. The State Engineer may at any time inspect or cause to be 11
176	176	inspected the construction , reconstruction or alteration work on a 12
177	177	dam while it is in progress to determine that it is being done in 13
178	178	accordance with the approved plans and specifications [.] , if 14
179	179	applicable. 15
180	180	6. [This section applies to new construction, reconstruction and 16
181	181	alteration of old structures. 17
182	182	7.] The provisions of this section relating to the approval of 18
183	183	plans and specifications and inspection of dams do not apply to 19
184	184	works [constructed by] under the jurisdiction of the United States 20
185	185	Bureau of Reclamation or the United States Army Corps of 21
186	186	Engineers , [;] but such federal agencies shall file duplicate plans 22
187	187	and specifications with the State Engineer. 23
188	188	[8.] 7. Any person beginning the construction , reconstruction 24
189	189	or alteration of any dam before notifying the State Engineer in 25
190	190	accordance with paragraph (a) of subsection 2 or obtaining 26
191	191	approval of the plans and specifications by the State Engineer, [or 27
192	192	without having given the State Engineer 30 days’ advance notice of 28
193	193	any proposed change, reconstruction or alteration thereof,] if 29
194	194	required pursuant to paragraph (b) of subsection 2, is guilty of a 30
195	195	misdemeanor. Each day of violation of this section constitutes a 31
196	196	separate offense and is separately punishable. 32
197	197	Sec. 3. NRS 535.020 is hereby amended to read as follows: 33
198	198	535.020 1. Whenever an application for decommissioning a 34
199	199	dam is filed or a request for approval of plans and specifications for 35
200	200	a new dam or for the alteration and enlargement of any dam in any 36
201	201	stream in this state is [filed with] submitted to the State Engineer, 37
202	202	the State Engineer shall [file a copy of the application with] notify 38
203	203	the [Board] Department of Wildlife [Commissioners.] and make 39
204	204	the application or plans and specifications, as applicable, available 40
205	205	to the Department of Wildlife. 41
206	206	2. In the construction of a dam, or the alteration or enlargement 42
207	207	of a dam, the owner shall conform with the provisions of law for the 43
208	208	installation of fishways over or around dams and for the protection 44
209	209	and preservation of fish in streams obstructed by dams. 45
210	210	– 5 –
211	211
212	212
213	213	- AB26
214	214	Sec. 4. NRS 535.030 is hereby amended to read as follows: 1
215	215	535.030 1. The State Engineer from time to time shall: 2
216	216	(a) Make inspections of dams at state expense for the purpose of 3
217	217	determining their safety; and 4
218	218	(b) Require owners to perform at their expense such work as 5
219	219	may be necessary to supply the State Engineer with information as 6
220	220	to the safety of such dams. 7
221	221	2. The owners shall perform at their expense any other work 8
222	222	necessary to maintenance and operation which will safeguard life 9
223	223	and property. 10
224	224	3. If at any time the condition of any dam becomes so 11
225	225	dangerous to the safety of life or property as not to permit sufficient 12
226	226	time for the issuance and enforcement of an order relative to the 13
227	227	maintenance or operation thereof, the State Engineer may, if he or 14
228	228	she deems it necessary, immediately employ the following remedial 15
229	229	measures to protect either life or property: 16
230	230	(a) Lower the water level by releasing water from the reservoir. 17
231	231	(b) Completely empty the reservoir. 18
232	232	(c) Take such other steps as may be essential to safeguard life 19
233	233	and property. 20
234	234	4. The provisions of this section shall not apply to works 21
235	235	[constructed by] under the jurisdiction of the United States Bureau 22
236	236	of Reclamation or the United States Army Corps of Engineers. 23
237	237	Sec. 5. NRS 535.035 is hereby amended to read as follows: 24
238	238	535.035 In addition to any inspection conducted pursuant to 25
239	239	NRS 535.010 or 535.030, the State Engineer or any assistant or 26
240	240	authorized agent of the State Engineer may enter the land of any 27
241	241	owner or proprietor where any dam or other obstruction is [situated] 28
242	242	located, and any adjacent parcel of land as is necessary to access 29
243	243	the dam or other obstruction, at any reasonable hour of the day to 30
244	244	investigate and carry out the duties of the State Engineer pursuant to 31
245	245	this chapter. 32
246	246	Sec. 6. NRS 535.050 is hereby amended to read as follows: 33
247	247	535.050 1. The State Engineer has the right, power and 34
248	248	authority to order the removal of any dam, diversion works or 35
249	249	obstruction that [has been placed in any stream channel or 36
250	250	watercourse when the dam, diversion works or obstruction] has not 37
251	251	been legally established and recognized through a valid claim of 38
252	252	vested right, by decree of court or [by a permit issued] approved by 39
253	253	the State of Nevada [.] in accordance with the provisions of this 40
254	254	section. 41
255	255	2. Nothing in this section is to be construed as giving the State 42
256	256	Engineer any right or authority to remove any dam or diversion 43
257	257	works that has been so legally recognized and established. 44
258	258	– 6 –
259	259
260	260
261	261	- AB26
262	262	3. If the dam, diversion works or obstruction has not been 1
263	263	removed after 30 days’ notice in writing given by the State Engineer 2
264	264	[and served upon] to the owner [or person controlling] of the dam, 3
265	265	diversion works or obstruction, or if no appeal has been taken from 4
266	266	the order of the State Engineer as is provided for in NRS 533.450, 5
267	267	then the State Engineer may remove the dam, diversion works or 6
268	268	obstruction. 7
269	269	4. The State Engineer shall charge the actual cost of [that] the 8
270	270	removal of the dam, diversion works or obstruction to the water 9
271	271	distribution account and thereafter present an itemized statement of 10
272	272	the charge to the board of county commissioners of the county 11
273	273	wherein those expenses were incurred. The board of county 12
274	274	commissioners shall thereupon present a bill for the expenses to the 13
275	275	person liable therefor under this section, and if that person neglects 14
276	276	for 30 days thereafter to pay it, the bill and costs become a lien upon 15
277	277	the lands and property of the person so liable for the payment of the 16
278	278	bill, and must be collected as delinquent taxes against the lands and 17
279	279	property are collected. 18
280	280	Sec. 7. NRS 535.060 is hereby amended to read as follows: 19
281	281	535.060 1. On any stream system and its tributaries in this 20
282	282	state the distribution of the waters of which are vested in the State 21
283	283	Engineer by law or the final decree of court, where beaver, by the 22
284	284	construction of dams or otherwise, are found to be interfering with 23
285	285	the lawful and necessary distribution of water to the proper users 24
286	286	thereof, the State Engineer, upon complaint of any interested water 25
287	287	user, shall investigate or cause the investigation of the matter. 26
288	288	2. The State Engineer and his or her assistants and water 27
289	289	commissioners and the Department of Wildlife and its agents may 28
290	290	enter upon privately owned lands for the purposes of investigating 29
291	291	the conditions complained of and the removal and trapping of 30
292	292	beaver. 31
293	293	3. If satisfied that such beaver are interfering with the flow of 32
294	294	water to the detriment of water users, the State Engineer shall 33
295	295	[serve] provide a written notice [on] to the owner of the land, if it is 34
296	296	privately owned, stating: 35
297	297	(a) That the beaver thereon are interfering with or stopping the 36
298	298	flow of water necessary for the proper serving of water rights; and 37
299	299	(b) That unless, within 10 days from receipt of the notice, 38
300	300	written objection to the removal of such beaver is filed with the 39
301	301	State Engineer by the landowner, the Department of Wildlife will 40
302	302	remove such beaver or as many thereof as will rectify the existing 41
303	303	conditions. 42
304	304	4. Failure of the landowner to file such written objections shall 43
305	305	be deemed a waiver thereof. Upon receipt of written objections, the 44
306	306	State Engineer may make further investigation and may sustain or 45
307	307	– 7 –
308	308
309	309
310	310	- AB26
311	311	overrule the objections as the facts warrant. Upon the overruling of 1
312	312	the objections, the landowner may have them reviewed by the 2
313	313	district court having jurisdiction of the land by filing therein a 3
314	314	petition for review within 10 days from the receipt of the order of 4
315	315	the State Engineer overruling the objections. The proceedings on the 5
316	316	petition must be informal and heard by the court at the earliest 6
317	317	possible moment. 7
318	318	5. Upon the landowner’s waiver of objections to the removal of 8
319	319	beaver from his or her land, or upon final determination by the court 9
320	320	that the beaver should be removed, the State Engineer shall 10
321	321	immediately notify the Department of Wildlife of the waiver or 11
322	322	determination and the Department or its agents shall enter upon the 12
323	323	land from which the beaver are to be removed and remove them or 13
324	324	as many as may be necessary to prevent the improper flow of water 14
325	325	as directed by the State Engineer. 15
326	326	6. The State Engineer may remove or cause the removal of any 16
327	327	beaver dam found to be obstructing the proper and necessary flow of 17
328	328	water to the detriment of water users. 18
329	329	Sec. 8. NRS 535.200 is hereby amended to read as follows: 19
330	330	535.200 1. In addition to any other penalty provided by law, 20
331	331	the State Engineer may, after notice and opportunity for a hearing, 21
332	332	require a person who violates any provision of this chapter, any 22
333	333	[permit,] approval, order or decision issued by the State Engineer 23
334	334	pursuant to this chapter or any regulation adopted by the State 24
335	335	Engineer pursuant to NRS 532.120 to pay an administrative fine not 25
336	336	to exceed $10,000 per day for each violation as determined by the 26
337	337	State Engineer. 27
338	338	2. If an administrative fine is imposed against a person 28
339	339	pursuant to subsection 1, the State Engineer may require the person 29
340	340	to pay the costs of the proceeding, including investigative costs and 30
341	341	attorney’s fees. 31
342	342	3. An order imposing an administrative fine or requiring the 32
343	343	payment of costs or fees pursuant to this section may be reviewed 33
344	344	by a district court pursuant to NRS 533.450. 34
345	345	Sec. 9. NRS 535.210 is hereby amended to read as follows: 35
346	346	535.210 1. The State Engineer may seek injunctive relief in 36
347	347	the appropriate court to prevent the continuance or occurrence of 37
348	348	any act or practice which violates any provision of this chapter, any 38
349	349	[permit,] approval, order or decision issued by the State Engineer 39
350	350	pursuant to this chapter or any regulation adopted by the State 40
351	351	Engineer pursuant to NRS 532.120. 41
352	352	2. On a showing by the State Engineer that a person is 42
353	353	engaged, or is about to engage, in any act or practice which violates 43
354	354	or will violate any provision of this chapter, any [permit,] approval, 44
355	355	order or decision issued by the State Engineer pursuant to this 45
356	356	– 8 –
357	357
358	358
359	359	- AB26
360	360	chapter or any regulation adopted by the State Engineer pursuant to 1
361	361	NRS 532.120, the court may issue, without a bond, any prohibitory 2
362	362	or mandatory injunction that the facts may warrant, including a 3
363	363	temporary restraining order issued ex parte or, after notice and 4
364	364	hearing, a preliminary or permanent injunction. 5
365	365	3. Failure to establish lack of an adequate remedy at law or 6
366	366	irreparable harm is not a ground for denying a request for a 7
367	367	temporary restraining order or injunction. 8
368	368	4. The court may require the posting of a sufficient 9
369	369	performance bond or other security to ensure compliance with the 10
370	370	court order within the period prescribed. 11
371	371	5. Any proceeding conducted or injunction or order issued 12
372	372	pursuant to this section is in addition to, and not in lieu of, any other 13
373	373	penalty or remedy available for a violation of this chapter. 14
374	374	Sec. 10. This act becomes effective upon passage and 15
375	375	approval. 16
376	376
377	377	H