reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Filing, Review and Approval of Applications › Section 349.305 - Initial review of application

Current through June 11, 2024
1. Upon the filing of an application, the required fee and, if applicable, a preliminary plan, the Director will review the material to determine if all information required on the application has been provided.
2. Except for an application filed by a municipal obligor, the Director will promptly submit the application and all preliminary plans, permits, specifications and feasibility reports to the State Engineer for initial review and preparation of a report to the Board.
Added to NAC by Dep't of Commerce, eff. 4-22-88; A 11-13-90; 7-6-92
NRS 349.946
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Filing, Review and Approval of Applications › Section 349.310 - Determining marketability of bonds or securities and financial feasibility of project

Current through June 11, 2024
Upon receipt of an application, the Director will forward all data and information contained therein to the authorized financial advisers, bond underwriters, bond counsel and attorneys and other persons or entities retained by the Director to determine the marketability of the proposed bonds or securities and the financial feasibility of the proposed water project.
Added to NAC by Dep't of Commerce, eff. 4-22-88
NRS 349.946
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Filing, Review and Approval of Applications › Section 349.315 - Referral of application to other agencies

Current through June 11, 2024
The State Engineer or the Director may refer an application to any local, state or federal agency for review and, if necessary, for approval.
Added to NAC by Dep't of Commerce, eff. 4-22-88
NRS 349.946
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Filing, Review and Approval of Applications › Section 349.320 - Certification by State Engineer

Current through June 11, 2024
Except for an application filed by a municipal obligor, the State Engineer shall certify to the Board and the Director that an application and preliminary plans are complete and that the project meets the criteria set forth in NAC 349.200 and 349.205.
Added to NAC by Dep't of Commerce, eff. 4-22-88; A 11-13-90
NRS 349.946
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Filing, Review and Approval of Applications › Section 349.325 - Analysis of application: Preparation; contents

Current through June 11, 2024
Except for an application filed by a municipal obligor, after the State Engineer has certified that an application and preliminary plans are complete pursuant to NAC 349.320, the Director and State Engineer shall jointly prepare an analysis of the application for submission to the Board. The analysis must contain:
1. The physical factors and engineering features of the proposed water project.
2. The costs of the project.
3. The benefits of the project.
4. The applicant's financial program and repayment plan, including the rate of interest and repayment period.
5. The applicant's credit references and past credit history.
6. The water rights available for the project.
7. Easements and rights-of-way.
8. The names of legal counsel and engineers retained to assist the obligor.
9. The qualifications of the obligor.
10. The status of the development of money available to the obligor.
11. The marketability of any bonds to be sold, including an analysis of their legal status.
Added to NAC by Dep't of Commerce, eff. 4-22-88; A 11-13-90
NRS 349.946
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Filing, Review and Approval of Applications › Section 349.330 - Obtaining necessary permits or authorization to proceed

Current through June 11, 2024
Except for an application filed by a municipal obligor, an application must not be approved by the Board until the necessary permits are obtained or until each agency issuing permits has given written authorization to proceed with the proposed water project in lieu of a permit. This requirement may be waived by the Board if it has received through advice of counsel or other reliable source that the proposed water project will receive or has received all approvals by any governmental entity which may be necessary to proceed with the construction, improvement, rehabilitation or redevelopment of the project.
Added to NAC by Dep't of Commerce, eff. 4-22-88; A 11-13-90
NRS 349.946
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Filing, Review and Approval of Applications › Section 349.335 - Procedure for disapproval of applications

Current through June 11, 2024
1. If the Board determines that an application cannot be approved, it shall prepare appropriate findings and conclusions and adopt a resolution stating the reasons for the disapproval.
2. The Board shall give the applicant or obligor notice of its action.
Added to NAC by Dep't of Commerce, eff. 4-22-88
NRS 349.946
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Filing, Review and Approval of Applications › Section 349.340 - Public hearing on proposal

Current through June 11, 2024
Before approving an application, the Board shall schedule a public hearing on the proposed water project, providing reasonable notice to the members of the public who may be affected by the project.
Added to NAC by Dep't of Commerce, eff. 4-22-88
NRS 349.946
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Filing, Review and Approval of Applications › Section 349.345 - Procedure after tentative approval of project

Current through June 11, 2024
If after a public hearing the Board tentatively approves a proposed water project, the Board may, depending on the size and scope of the project:
1. Grant final approval of the application by adopting a resolution containing the findings set forth in NAC 349.350 or, if the application was filed by a municipal obligor, as set forth in NAC 349.425, and direct the Department to proceed with financing; or
2. If required, direct the applicant to proceed with the preparation of final plans, specifications and contract documents for submission to the Board for its subsequent review and final approval.
Added to NAC by Dep't of Commerce, eff. 4-22-88; A 11-13-90
NRS 349.946
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Filing, Review and Approval of Applications › Section 349.350 - Review of final plan; resolution of final approval

Current through June 11, 2024
1. Upon receipt of a final plan, if required, the Board shall review the plan. Except for a water project proposed by a municipal obligor, the Board shall determine whether, based on all the records and documents submitted to the Board in connection with the proposed water project:
(a) The proposed project is feasible from an engineering and legal standpoint and is economically and financially feasible and justified.
(b) The plan for development of the proposed project is satisfactory.
(c) The applicant is qualified and responsible.
(d) There is adequate assurance that the borrower can repay the loan.
(e) The loan to be made from bond proceeds will be conditioned upon the successful issuance of bonds.
(f) The proposed water project does not conflict with any regional master plan of any local, state or federal governing authority.
(g) If revenue bonds are to be issued, the obligor has executed a legally binding statement not to undertake to commit the State and any other political subdivision or municipality thereof other than the obligor to incur any pecuniary liability in connection with the repayment of those bonds.
(h) A complete statement of the total amount of money necessary to be provided by the Director for financing the proposed water project has been filed with the Board, including any cost to be incurred in financing the project.
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Filing, Review and Approval of Applications › Section 349.355 - Referral of application for further study or correction of deficiencies

Current through June 11, 2024
Before adopting a resolution giving final approval to a proposed water project, the Board may refer the application to the Director or State Engineer for further study or refer the application back to the applicant or obligor for the correction of any deficiencies.
Added to NAC by Dep't of Commerce, eff. 4-22-88
NRS 349.946
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Filing, Review and Approval of Applications › Section 349.360 - Contents of resolution giving final approval; setting final terms of bonds

Current through June 11, 2024
1. In addition to setting forth findings of fact, the resolution of the Board giving final approval to a proposed water project, other than a water project proposed by a municipal obligor, must also identify:
(a) The applicant;
(b) The purpose of the loan;
(c) The location of the project;
(d) The maximum amount of the loan;
(e) A range of permissible rates of interest and the repayment period; and
(f) Any conditions to be placed on the loan commitment.
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Filing, Review and Approval of Applications › Section 349.365 - Notification of final approval

Current through June 11, 2024
The Director will, within 10 days after the Board's resolution granting final approval to a proposed water project, notify the obligor and State Engineer of the Board's decision.
Added to NAC by Dep't of Commerce, eff. 4-22-88
NRS 349.946
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Filing, Review and Approval of Applications › Section 349.370 - Submission of processing fee; sending letter of inducement

Current through June 11, 2024
Upon receipt of notice of the Board's resolution granting final approval for a proposed water project, the Director will, if not already accomplished:
1. Direct the applicant or obligor to submit a processing fee of not more than 1.75 percent of the principal amount of the total financing for the water project which must be remitted to the Director in the time designated by the Director. The processing fee will be deposited with the State Treasurer for credit to the Fund for Water Projects and will be used to defray the cost of a water project incurred by the Director related to the financing of the water project.
2. Except for a municipal obligor, send the applicant an inducement letter:
(a) Stating the intention of the Director to issue bonds to finance the water project subject to the continuing ability of the water project to meet local, state and federal requirements;
(b) Stating the principal amount of the financing;
(c) Directing the applicant to submit any supporting documentation as may be required by the Director; and
(d) Stating the term of the Director's commitment. The term will be determined on a case by case basis, but in no event will it exceed 1 year. At the expiration of the term, the Director may extend the commitment for a similar term if good cause is shown.
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Filing, Review and Approval of Applications › Section 349.375 - Use of processing fee

Current through June 11, 2024
Whether or not bonds or securities are issued, the processing fee remitted to the Director will be used to reimburse any cost of a water project incurred by the Director pursuant to NAC 349.100 to 349.415, inclusive, or any other interagency agreement made in connection with the financing of the proposed water project, including the preparation of a final plan for a water project and expenses of the Board in reviewing the project.
Added to NAC by Dep't of Commerce, eff. 4-22-88; A 11-13-90; 7-6-92
NRS 349.946
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Filing, Review and Approval of Applications › Section 349.380 - Review and findings of Director; commitment for loan

Current through June 11, 2024
1. Upon receipt of a resolution of the Board giving final approval to a water project, the Director will review all documents pertaining to the project. If the project complies with all applicable legal requirements, the Director will prepare findings and submit them to the State Board of Examiners for approval as required by law.
2. If the State Board of Examiners approves the Director's findings, a loan commitment may be made by the Director. If such a commitment is made, the Director will enter into a contract specifying the amount of the loan, schedule of the loan, charges for interest, schedule for repayment, escrow agent, and other terms covering security and the operation and maintenance of the water project.
Added to NAC by Dep't of Commerce, eff. 4-22-88
NRS 349.946
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Miscellaneous Provisions › Section 349.385 - Trustee: Selection or appointment; qualifications; resignation or discharge

Current through June 11, 2024
1. An applicant may select, with the approval of the Director, a bank or trust company to serve as trustee under a bond certificate, indenture or resolution for the applicable bond issue if a trustee is required. The Director may appoint a trustee if no trustee is selected by the applicant.
2. In determining the qualifications of a trustee, the Director will consider:
(a) The experience of the bank or trust company in acting as a trustee for public issuers;
(b) The amount of its capital stock, surplus or undivided profits;
(c) Its investment capabilities;
(d) The size and experience of its professional staff; and
(e) The cost of the services to be provided in relation to the number of services to be offered, and the quality and experience of the professional staff which will provide the services.
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Miscellaneous Provisions › Section 349.390 - Security for repayment of loan

Current through June 11, 2024
1. The State of Nevada has a lien on any property used for securing a loan for a water project, unless otherwise prohibited by law, in which event an alternate arrangement acceptable to the Director will be made to secure the State's interest in repayment of such loan.
2. The security must be a mortgage, deed of trust or other security agreement upon the applicant's property which may include, but is not limited to, all facilities, equipment, easements, real property and water rights related to the water project.
3. The amount of the security must be sufficient to recover the amount of the loan, together with the interest thereon, including other costs specified in the loan agreement.
4. The lien may be assigned to a bond trustee if the bonds involved are revenue bonds.
Added to NAC by Dep't of Commerce, eff. 4-22-88
NRS 349.946
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Miscellaneous Provisions › Section 349.395 - Appraisal of real property used as security

Current through June 11, 2024
Real property used for securing a loan must be appraised by a licensed or qualified appraiser within 1 year after the date of the application. A copy of the appraisal report must be provided to the Department or the State Engineer.
Added to NAC by Dep't of Commerce, eff. 4-22-88
NRS 349.946
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Miscellaneous Provisions › Section 349.405 - Granting partial release of lien

Current through June 11, 2024
A partial release of a lien may be granted by the Director, upon approval by the Board, upon written request of an obligor if the remaining property provides adequate security as required by law.
Added to NAC by Dep't of Commerce, eff. 4-22-88
NRS 349.946
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Miscellaneous Provisions › Section 349.410 - Ensuring proper operation and maintenance of project

Current through June 11, 2024
Reports may be required by the Board or a person designated by the Board to ensure that a project is being properly operated and maintained during the payout period of the loan. Findings will be presented to the Board at a regular meeting of the Board.
Added to NAC by Dep't of Commerce, eff. 4-22-88
NRS 349.946
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Miscellaneous Provisions › Section 349.415 - Examination of books and records

Current through June 11, 2024
1. An obligor's books, accounts and other records pertaining to a water project must be open to inspection by representatives of the Director during regular business hours. The Director will conduct such examinations of the records as he or she deems appropriate to determine compliance with Nevada law.
2. The Director may require the obligor to pay the costs of any examination.
Added to NAC by Dep't of Commerce, eff. 4-22-88
NRS 349.946
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Miscellaneous Provisions › Section 349.420 - Application by municipal obligor: Effect; filing; fee; form and contents

Current through June 11, 2024
If prior written approval is given by the Director, an application of a municipal obligor constitutes the preliminary and final plan for the water project. The application must:
1. Be filed with the Board at the address provided in NAC 349.220;
2. Be accompanied by the application fee required by subsection 1 of NAC 349.290; and
3. Be in the form provided by the Director. The application must include:
(a) The name of the municipal obligor;
(b) The qualifications of the municipal obligor;
(c) The location of the water project;
(d) The costs of the water project;
(e) The benefits of the water project;
(f) The marketability of any bonds to be sold, including an analysis of their legal status; and
(g) The names of legal counsel and engineers retained to assist the municipal obligor.
Nevada Administrative Code › Chapter 349 - State Obligations › FINANCING OF WATER PROJECTS › Miscellaneous Provisions › Section 349.425 - Application by municipal obligor: Action by Board; processing by Director

Current through June 11, 2024
1. The Board shall:
(a) Review an application submitted by a municipal obligor;
(b) Determine if the water project will preserve or increase the water available for beneficial use in the State; and
(c) Approve or disapprove the project in the manner provided in NAC 349.335, 349.340, 349.345 and 349.355.
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.430 - Definitions

Current through June 11, 2024
As used in NAC 349.430 to 349.574, inclusive, unless the context otherwise requires, the words and terms defined in NAC 349.432 to 349.469, inclusive, have the meanings ascribed to them in those sections.
Added to NAC by Bd. for Financing Water Projects, eff. 12-24-91; A by R113-96, 1-23-98; R104-04, 9-18-2006
NRS 349.982
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.432 - "Account for the Revolving Fund" defined

Current through June 11, 2024
"Account for the Revolving Fund" has the meaning ascribed to it in NRS 445A.203.
Added to NAC by Bd. for Financing Water Projects by R104-04, eff. 9-18-2006
NRS 349.982
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.435 - "Board" defined

Current through June 11, 2024
"Board" means the Board for Financing Water Projects created pursuant to NRS 349.957.
Added to NAC by Bd. for Financing Water Projects, eff. 12-24-91
NRS 349.982
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.440 - "Bureau" defined

Current through June 11, 2024
"Bureau" means the Bureau of Safe Drinking Water of the Division of Environmental Protection of the Department.
Added to NAC by Bd. for Financing Water Projects, eff. 12-24-91; A by R104-04, 9-18-2006
NRS 349.982
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.443 - "Community sewage disposal system" defined

Current through June 11, 2024
"Community sewage disposal system" has the meaning ascribed to it in NRS 349.980.
Added to NAC by Bd. for Financing Water Projects by R104-04, eff. 9-18-2006
NRS 349.982
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.445 - "Community water system" defined

Current through June 11, 2024
"Community water system" has the meaning ascribed to it in NRS NRS 349.980.
Added to NAC by Bd. for Financing Water Projects, eff. 12-24-91; A by R104-04, 9-18-2006
NRS 349.982
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.450 - "Department" defined

Current through June 11, 2024
"Department" means the State Department of Conservation and Natural Resources.
Added to NAC by Bd. for Financing Water Projects, eff. 12-24-91
NRS 349.982
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.455 - "Director" defined

Current through June 11, 2024
"Director" means the Director of the Department.
Added to NAC by Bd. for Financing Water Projects, eff. 12-24-91
NRS 349.982
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.458 - "Eligible recipient" defined

Current through June 11, 2024
"Eligible recipient" means a political subdivision of this State, including, without limitation, a city, county, unincorporated town, water authority, conservation district, irrigation district, water district, water conservancy district or general improvement district.
Added to NAC by Bd. for Financing Water Projects by R104-04, eff. 9-18-2006
NRS 349.982
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.461 - "Fund" defined

Current through June 11, 2024
"Fund" means the fund created pursuant to NRS 349.984.
Added to NAC by Bd. for Financing Water Projects by R113-96, eff. 1-23-98; A by R104-04, 9-18-2006
NRS 349.982
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.4615 - "Individual sewage disposal system" defined

Current through June 11, 2024
"Individual sewage disposal system" has the meaning ascribed to it in NRS 349.980.
Added to NAC by Bd. for Financing Water Projects by R104-04, eff. 9-18-2006
NRS 349.982
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.462 - "Irrigation district" defined

Current through June 11, 2024
"Irrigation district" has the meaning ascribed to it in NRS NRS 539.013.
Added to NAC by Bd. for Financing Water Projects by R104-04, eff. 9-18-2006
NRS 349.982
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.463 - "Nontransient water system" defined

Current through June 11, 2024
"Nontransient water system" has the meaning ascribed to it in NRS 349.980.
Added to NAC by Bd. for Financing Water Projects by R113-96, eff. 1-23-98
NRS 349.982
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.464 - "Program" defined

Current through June 11, 2024
"Program" means the program established pursuant to NRS 349.981 to provide grants of money to purveyors of water and eligible recipients to pay for costs of improvements and for costs associated with:
1. Connecting to a municipal water system; or
2. Abandoning an individual sewage disposal system and connecting the property formerly served by the abandoned individual sewage disposal system to a community sewage disposal system.
Added to NAC by Bd. for Financing Water Projects by R113-96, eff. 1-23-98; A by R104-04, 9-18-2006
NRS 349.982
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.465 - "Public water system" defined

Current through June 11, 2024
"Public water system" has the meaning ascribed to it in NRS NRS 445A.840.
Added to NAC by Bd. for Financing Water Projects, eff. 12-24-91
NRS 349.982
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.466 - "Purveyor of water" defined

Current through June 11, 2024
"Purveyor of water" has the meaning ascribed to it in NRS NRS 349.980.
Added to NAC by Bd. for Financing Water Projects by R113-96, eff. 1-23-98
NRS 349.982
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.467 - "Requirements for public water systems" defined

Current through June 11, 2024
"Requirements for public water systems" means the requirements imposed:
1. By the State Board of Health pursuant to NRS 445A.800 to 445A.955, inclusive; or
2. Pursuant to the Safe Drinking Water Act, 42 U.S.C. §§
									300 f et seq.
Added to NAC by Bd. for Financing Water Projects by R113-96, eff. 1-23-98
NRS 349.982
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.469 - "Viable" defined

Current through June 11, 2024
"Viable" means:
1. For a purveyor of water, having the financial, managerial and technical ability to sustain over a long term the operation of a community water system or nontransient water system and to remain in compliance with the requirements for public water systems; and
2. For eligible recipients, having the financial, managerial and technical ability to remain in compliance with applicable federal, state and local requirements for the system for which the application for the grant was made.
Added to NAC by Bd. for Financing Water Projects by R113-96, eff. 1-23-98; A by R104-04, 9-18-2006
NRS 349.982
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.471 - "Costs traditionally associated with capital improvements" interpreted

Current through June 11, 2024
For the purposes of NRS 349.980, the Board interprets "costs traditionally associated with capital improvements" to include:
1. The costs to carry out any feasible and appropriate changes in operations necessary for a purveyor of water to become viable, including, without limitation, changes in ownership, management, accounting, rates, maintenance, consolidation and alternative supplies of water; and
2. Any costs that are not directly related to the actual construction of the capital improvement, including, without limitation, costs:
(a) For engineering, design, construction, legal and financial services;
(b) Incurred in obtaining a loan from the Account for the Revolving Fund; and
(c) For acquisition of water rights, easements and rights-of-way.
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.475 - Eligibility for grant; filing of letter of intent

Current through June 11, 2024
1. The Board will provide a grant to a purveyor of water or an eligible recipient only if:
(a) The grant will assist:
(1) The purveyor of water in constructing a capital improvement to the community water system or nontransient water system that will directly enable the purveyor of water to comply with the requirements for public water systems; or
(2) The eligible recipient in carrying out an improvement set forth in paragraph (b), (c), (d) or (e) of subsection 1 of NRS 349.981;
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.480 - Procedure following receipt of letter of intent

Current through June 11, 2024
1. Upon receipt of a letter of intent, the Division of Environmental Protection of the Department shall:
(a) Record the date of receipt;
(b) Maintain a file containing all documents and information pertaining to the financing of the proposed improvement or costs; and
(c) Promptly forward a copy of the letter of intent to the Bureau or the Water Planning Section of the Division of Water Resources of the Department, as appropriate given the type of improvement or costs proposed in the letter of intent.
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.485 - Approval of letter of intent

Current through June 11, 2024
1. The Board will approve the letter of intent in a motion or resolution adopted by the Board if the Board:
(a) Makes the determinations required pursuant to subsection 3 of NAC 349.480; and
(b) Finds that the proposed improvement or costs qualify for a grant pursuant to NRS 349.981 or 349.983.
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.490 - Disapproval of letter of intent; finality of decision of Board; reapplication

Current through June 11, 2024
1. If the Board does not make the affirmative determinations required by subsection 3 of NAC 349.480 or finds that the letter of intent does not meet the requirements of NAC 349.475, the Board will disapprove the letter of intent, by motion or resolution, and promptly notify the Division of Environmental Protection of the Department and the applicant of its decision, listing the reasons for disapproval.
2. The decision of the Board is final.
3. If a letter of intent is disapproved by the Board, the applicant may reapply not less than 6 months after the date of disapproval or at such time as is permitted by the Board, whichever is earlier.
Added to NAC by Bd. for Financing Water Projects, eff. 12-24-91; A by R104-04, 9-18-2006
NRS 349.982
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.495 - Application: Submission

Current through June 11, 2024
1. If a letter of intent for a proposed improvement or proposed costs is approved, an applicant must submit an original and eight copies of an application to the Board.
2. An application submitted pursuant to subsection 1 must be:
(a) In the form provided by the Division of Environmental Protection of the Department; and
(b) Addressed to the Board as provided in subsection 3 of NAC 349.475.
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.500 - Application: Required items and information; waiver of requirements

Current through June 11, 2024
1. Except as otherwise provided in subsections 2 and 3, the application must include the following items and information:
(a) A preliminary engineering report for the construction, operation and maintenance of the proposed improvement, including:
(1) The expected costs and benefits of the project;
(2) Plans for the development of the facilities of the applicant; and
(3) The economic justification for and expected feasibility of the project, as prepared by a person licensed as a professional engineer pursuant to chapter 625 of NRS.
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.505 - Determination of financial feasibility of proposed improvement; evaluation of certain abilities of applicant and charge for water; determination of exceptional circumstances

Current through June 11, 2024
Upon receipt of an application, the Division of Environmental Protection of the Department shall:
1. If necessary, forward all data and information contained in the application to any financial adviser, attorney and other person retained by the Division to determine the financial feasibility of the proposed improvement.
2. If applicable, evaluate the ability of the applicant to provide for:
(a) The continuing replacement of components of the water system that are functionally obsolete or worn out;
(b) Current and anticipated debt service; and
(c) Current and future expenses of operation and maintenance.
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.510 - Review of application and feasibility reports; incomplete application; reports to Board

Current through June 11, 2024
1. Within 20 working days after receipt of an application, the Division of Environmental Protection of the Department shall review the application and determine if all information required by the Board has been provided.
2. If the Division of Environmental Protection of the Department determines that the application is incomplete, the Division of Environmental Protection of the Department shall, within 30 working days after the receipt of the application, notify the applicant of the deficiencies and provide the applicant with instructions for satisfying those deficiencies. The applicant must comply with those instructions within 45 working days after the receipt of the instructions, except that, upon written request by the applicant and for good cause, the Division of Environmental Protection of the Department may once extend the period for compliance by the applicant. If the applicant submits any additional information concerning the application within the appropriate period, the Division of Environmental Protection of the Department shall, within 30 working days after receipt of that information, determine whether the application is complete. If the applicant does not complete the application because the applicant failed to comply with the instructions provided to the applicant by the Division of Environmental Protection of the Department or failed to submit any additional information required by the Division of Environmental Protection of the Department within the appropriate period, the Division of Environmental Protection of the Department shall recommend that the Board deny the application.
3. Within 30 working days after the Division of Environmental Protection of the Department determines that the application is complete, the Division of Environmental Protection of the Department and the Bureau or the Water Planning Section of the Division of Water Resources of the Department, as appropriate given the type of improvement proposed in the application, shall review the application and feasibility reports to determine if the proposed improvement complies with:
(a) The requirements for public water systems if the applicant is a purveyor of water; or
(b) The applicable federal, state and local requirements for the system for which the application for a grant was made if the applicant is an eligible recipient.
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.515 - Receipt of permits or authority to proceed required; exceptions; determination of sufficient water rights

Current through June 11, 2024
1. Except as otherwise provided in subsections 2 and 3, an application must not be approved by the Board until:
(a) Copies of any permits necessary for compliance with any requirements for planning and zoning, including any necessary variances or special use permits, are received by the Board; or
(b) Each agency issuing a permit specified in paragraph (a) has given written authorization to proceed with the proposed improvement and a copy of the authorization is received by the Board.
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.520 - Disapproval of application: Procedure; notice

Current through June 11, 2024
1. If the Board determines not to approve an application, it will prepare findings and conclusions concerning its determination and adopt a resolution stating the reasons for the disapproval.
2. The Board will give the applicant and the Division of Environmental Protection of the Department notice of its action.
Added to NAC by Bd. for Financing Water Projects, eff. 12-24-91; A by R104-04, 9-18-2006
NRS 349.982
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.525 - Public meeting on proposed improvement or costs; correction of deficiencies in application

Current through June 11, 2024
Before approving an application, the Board or its designated representative:
1. Will hold a public meeting on the proposed improvement or costs and provide reasonable notice to the members of the public who may be affected by the proposed improvement or costs.
2. May return the application to the applicant for the correction of any deficiencies.
Added to NAC by Bd. for Financing Water Projects, eff. 12-24-91; A by R104-04, 9-18-2006
NRS 349.982
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.530 - Review of completed application; determinations by Board

Current through June 11, 2024
1. Except as otherwise provided in subsection 2, the Board will review the completed application and determine whether, based on the records and documents submitted to the Board concerning the proposed improvement or costs:
(a) The proposed improvement is economically justified and financially feasible.
(b) The proposed improvement complies with the provisions of NRS 349.980 to 349.987, inclusive.
(c) The plan for development of the proposed improvement is satisfactory.
(d) The applicant is able to obtain the financing required to complete the proposed improvement.
(e) The applicant has taken sufficient and reasonable efforts to determine whether the proposed improvement conflicts with any regional master plan of any local, state or federal governing authority, and those efforts have not revealed such a conflict.
(f) The proposed improvement will not use or waste excessive quantities of water.
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.535 - Determination to provide grant: Action by Board; amount of grant; duties of Division of Environmental Protection of the Department

Current through June 11, 2024
1. If the Board determines to provide a grant, it will adopt a resolution which must include:
(a) A statement of the approval of the Board that sets forth its findings of fact concerning its determinations made pursuant to NAC 349.530;
(b) The application; and
(c) The terms for providing the grant to the applicant.
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.540 - Request for issuance of general obligation bonds

Current through June 11, 2024
Upon receipt of a resolution of the Board approving the improvement or costs, the Division of Environmental Protection of the Department may request the Office of the State Treasurer to issue general obligation bonds in an amount sufficient to fund the grant.
Added to NAC by Bd. for Financing Water Projects, eff. 12-24-91; A by R113-96, 1-23-98; R104-04, 9-18-2006
NRS 349.982
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.549 - Administrative fee; funding agreement

Current through June 11, 2024
1. The recipient of a grant under the program shall pay to the Division of Environmental Protection of the Department an administrative fee of $1,000. The money must be used for the purposes set forth in subsection 4 of NRS 349.982.
2. The recipient of a grant under the program and the Director shall, if all conditions of the grant have been met, execute a funding agreement that complies with the requirements of this section.
3. The funding agreement must:
(a) Be for a term of not more than 5 years.
(b) Set forth the maximum amount disbursable pursuant to the grant, the percentage of eligible costs that will be paid and the amount of the minimum contribution to be paid by the recipient.
(c) Distinguish costs that are eligible and ineligible for payment pursuant to the grant, and set forth formulas for sharing the cost of components of the improvement that are partially eligible for payment pursuant to the grant.
(d) Describe procedures for the disbursement of the grant.
(e) Set forth any state requirements regarding:
(1) Compliance with the laws of this State;
(2) Access by the State to any accounts and books of the recipient that relate to the improvement;
(3) Access to the site of the improvement for inspection by state personnel;
(4) Indemnification of the State;
(5) The acknowledgment of the amount contributed by the State pursuant to the grant;
(6) The submission of financial reports and reports concerning the progress of the improvement;
(7) The maintenance of records;
(8) The provision of addresses for notification and other communication;
(9) The approval of plans and specifications;
(10) The submission of proof of the receipt of any required permits;
(11) The notification of the State concerning any difficulties in the construction or funding of the improvement that could adversely affect the improvement;
(12) The notification of the State concerning any claims made against the recipient of the grant, the engineer or contractor for the improvement, or any other person associated with the improvement; and
(13) The submission, review and approval of contract change orders.
(f) Set forth provisions concerning:
(1) Requirements for the methods of procurement and applicability of the provisions of chapter 332 of NRS;
(2) Any default or termination;
(3) The rights of the State if the agreement is terminated;
(4) The right of the State to commence legal proceedings;
(5) The right of the State to require audits at the expense of the recipient;
(6) The amendment of the agreement;
(7) Requirements for notification of the parties to the agreement; and
(8) The release of any liability arising from a default.
(g) Set forth any other contractual provisions relevant to the grant or improvement.
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.554 - Duties of recipient of grant before commencement of bidding and construction

Current through June 11, 2024
The recipient of a grant under the program:
1. Shall, before:
(a) Bids for the improvement are advertised, submit to the Division of Environmental Protection of the Department the engineering design, plans and specifications for the improvement.
(b) Bids for the improvement are opened, submit to the Division the bidding schedules and item descriptions for measurement and payment.
(c) Construction of the improvement is begun, submit to the Division:
(1) Proof of the receipt of all necessary permits.
(2) Documentation that any procedures for purchasing and contracting required by the State are being followed.
(3) The agendas for any conferences held before bidding and construction.
(4) Schedules for procurement and construction.
(5) Proof that the funding required to be contributed by the recipient of the grant has been committed to the improvement.
(6) Any other documents that the Division deems necessary to verify compliance with the goals of the program.
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.559 - Duties of recipient of grant: Submission of information to Division of Environmental Protection of Department

Current through June 11, 2024
The recipient of a grant under the program shall:
1. During the construction of the improvement, provide the Division of Environmental Protection of the Department with such documents as the Division deems necessary to determine compliance with the funding agreement.
2. Submit to the Division monthly reports concerning the progress of the construction of the improvement. Each report must include:
(a) A brief description of any work performed on the improvement after the date of the report submitted by the recipient pursuant to this subsection for the immediately preceding month;
(b) A discussion of any problems encountered that may cause a deviation from the schedule of construction for the improvement or an adjustment to the budget for the improvement; and
(c) Copies of any work directives and change orders issued to the contractor during the period specified in paragraph (a), regardless of whether the contractor approved the directives or orders.
Nevada Administrative Code › Chapter 349 - State Obligations › GRANTS FOR WATER CONSERVATION AND IMPROVEMENTS TO CERTAIN WATER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS › Section 349.564 - Disbursement of money pursuant to grant

Current through June 11, 2024
1. The recipient of a grant under the program shall:
(a) Submit periodic requests for the disbursement of money pursuant to the grant on forms provided by the Division of Environmental Protection of the Department.
(b) Provide the Division with:
(1) Copies of all contracts related to the improvement, including contracts for construction, procurement and the provision of professional services. Any invoice submitted by the recipient of the grant for the payment of reimbursable costs must include references to the authorizing contracts and, if such a contract is divided into separate tasks, references to those tasks.
(2) Proof that any prior disbursements of money pursuant to the grant have been distributed in an appropriate manner and that any disbursements made pursuant to a present request for the disbursement of money pursuant to the grant will be distributed in an appropriate manner. The proof must consist of:
(I) Copies of the front of cancelled checks issued by the recipient of the grant; or
(II) A signed letter from a vendor stating that the vendor has been paid in full for an invoice that is to be reimbursed by a disbursement made pursuant to the present request for the disbursement.