reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › GENERAL PROVISIONS › Section 535.025 - "Application for approval of plans for a dam" defined

Current through June 11, 2024
"Application for approval of plans for a dam" means an application submitted pursuant to paragraph (b) of subsection 2 of NRS 535.010 for approval of plans and specifications for a new dam or for the reconstruction or alteration of an existing dam.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003
NRS 532.120
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › GENERAL PROVISIONS › Section 535.027 - "Breach" defined

Current through June 11, 2024
"Breach" means a discontinuity, whether intentional or accidental, in a dam that allows impounded water to escape in an uncontrolled manner.
Added to NAC by St. Engineer by R054-14, eff. 10/24/2014
NRS 532.120
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › GENERAL PROVISIONS › Section 535.030 - "Capacity" defined

Current through June 11, 2024
"Capacity" means the maximum volume of water, expressed in acre-feet, that a dam is physically capable of impounding without overtopping.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003
NRS 532.120
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › GENERAL PROVISIONS › Section 535.035 - "Closure" defined

Current through June 11, 2024
"Closure" means the permanent revocation by the State Engineer of permission to construct, maintain or operate a dam or to impound water behind a dam.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003
NRS 532.120
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › GENERAL PROVISIONS › Section 535.040 - "Dam" defined

Current through June 11, 2024
"Dam" means any structure that stores or diverts water for a beneficial purpose. The term includes a dam that is proposed. The term does not include a levee or road embankment that is:
1. Designed as a levee or floodwall intended to constrain the water of a creek or river to its natural floodplain in the event of a flood;
2. Designed as a levee for the reinforcement of a ditch, watercourse or canal; or
3. Designed for the sole purpose of supporting a roadbed, path or other means of conveyance for the transportation of vehicles, pedestrians, trains or bulk commodities if the levee or embankment:
(a)Is free-draining;
(b)Has a residence time for impounded storm water of less than 24 hours; and
(c)Unless the levee or embankment is less than 10 feet in height, has drainage capacity sufficient to pass, without overtopping, an amount of water equal to the storm runoff generated by a storm whose annual chance of exceedence is 1 percent.
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › GENERAL PROVISIONS › Section 535.045 - "Decommission" defined

Current through June 11, 2024
"Decommission" means to physically render a dam incapable of impounding any significant quantity of water.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003
NRS 532.120
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › GENERAL PROVISIONS › Section 535.047 - "Failure of the dam" defined

Current through June 11, 2024
"Failure of the dam" means any damage to a dam or its appurtenances such that any impounded water may no longer be detained or released in a controlled manner.
Added to NAC by St. Engineer by R054-14, eff. 10/24/2014
NRS 532.120
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › GENERAL PROVISIONS › Section 535.055 - "Inflow design flood" defined

Current through June 11, 2024
"Inflow design flood" means a hypothetical flood of a given magnitude that is used to determine the design of a dam and its related hydraulic features.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003
NRS 532.120
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › GENERAL PROVISIONS › Section 535.057 - "Lifeline" defined

Current through June 11, 2024
"Lifeline" includes, without limitation:
1. A road that is the sole means of access to a community;
2. A major trunk or transmission line for gas or electricity, the disruption of which could pose significant risks to the public health, safety or welfare of the affected community;
3. A transmission line for gas or electricity that serves a hospital or other comparable facility;
4. A railroad line used or proposed to be used in interstate commerce; and
5. A lake, reservoir, stream or watercourse that serves as a potable supply of water.
Added to NAC by St. Engineer by R054-14, eff. 10/24/2014
NRS 532.120
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › GENERAL PROVISIONS › Section 535.060 - "Maximum conservation elevation" defined

Current through June 11, 2024
"Maximum conservation elevation" means that elevation to which water is approved to be stored pursuant to the approval to impound.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003
NRS 532.120
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › GENERAL PROVISIONS › Section 535.065 - "Maximum credible earthquake" defined

Current through June 11, 2024
"Maximum credible earthquake" means a hypothetical earthquake of a magnitude determined by the United States Geological Survey as the worst-case scenario that is reasonably possible for the region in which a dam is located.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003
NRS 532.120
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › GENERAL PROVISIONS › Section 535.070 - "Operator" defined

Current through June 11, 2024
"Operator" means a person, including an owner or his or her designee, who controls the day-to-day operations of a dam.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003
NRS 532.120
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › GENERAL PROVISIONS › Section 535.075 - "Owner" defined

Current through June 11, 2024
"Owner" means a person, including a governmental agency or quasi-governmental agency, that:
1.Causes a dam to be built, rebuilt or modified;
2.Owns or controls real property on which a dam is constructed;
3.Owns or controls real property inundated by the reservoir created by a dam;
4.Owns a water right that is impounded or diverted by a dam;
5.Is a successor in interest in a chain of title that expressly mentions a dam;
6.Is a local cooperator who will assume any control over a project constructed by the United States Army Corps of Engineers or the United States Bureau of Reclamation; or
7.Is identified by the State Engineer as a person responsible for a dam.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003
NRS 532.120
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › GENERAL PROVISIONS › Section 535.080 - "Probable maximum flood" defined

Current through June 11, 2024
"Probable maximum flood" means a hypothetical flood whose magnitude is:
1. The largest that could be expected from the most severe combination of critical meteorologic and hydrologic conditions that are reasonably possible for the region in which a dam is located; and
2. Such that there is virtually no chance of its being exceeded.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003
NRS 532.120
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › GENERAL PROVISIONS › Section 535.095 - "Water" defined

Current through June 11, 2024
"Water" includes any potentially mobile fluid or semifluid substance that is capable of being impounded by a dam, including, without limitation, tailings, slimes, organic waste and sewage.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003
NRS 532.120
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › GENERAL PROVISIONS › Section 535.100 - "Water right" defined

Current through June 11, 2024
"Water right" means a valid appropriation of the public waters of this state pursuant to chapters 533 and 534 of NRS.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003
NRS 532.120
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › GENERAL PROVISIONS › Section 535.110 - Expression of "elevation

Current through June 11, 2024
For the purposes of this chapter, each "elevation" must be expressed as a deviation from a point included in the North American Vertical Datum of 1988.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003
NRS 532.120
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › GENERAL PROVISIONS › Section 535.120 - Height, crest and toe of dam

Current through June 11, 2024
For the purposes of this chapter:
1. The height of a dam is the maximum difference in elevation between the crest and the toe of the dam.
2. The crest of a dam is the nominal top horizontal surface of the dam excluding railings or parapet walls.
3. The toe of a dam is the contact between the outer shell of the dam and the natural ground surface on the downstream side of the dam.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003
NRS 532.120
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › GENERAL PROVISIONS › Section 535.130 - Determination of size of dam

Current through June 11, 2024
For the purposes of this chapter, a dam is:
1. Small if it is less than 20 feet in height and impounds less than 100 acre-feet of water.
2. Medium if it is neither small nor large.
3. Large if it is 50 feet or more in height or impounds 10,000 acre-feet or more of water.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003
NRS 532.120
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › GENERAL PROVISIONS › Section 535.140 - Hazard classifications

Current through June 11, 2024
1. The State Engineer will assign a hazard classification to each dam.
2. The State Engineer will determine the immediate consequences to persons and property located downstream from the dam in the event of a failure of the dam. The State Engineer will classify a dam as:
(a) High hazard if failure of the dam carries a high probability of causing a loss of human life.
(b) Significant hazard if failure of the dam carries a:
(1) Reasonable probability of causing a loss of human life; or
(2) High probability of causing extensive economic loss or disruption in a lifeline.
(c) Low hazard if failure of the dam carries a:
(1) Very low probability of causing a loss of human life; and
(2) Reasonable probability of causing little, if any, economic loss or disruption in a lifeline.
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.200 - Notice to State Engineer before construction, reconstruction or alteration of dam

Current through June 11, 2024
1. A person who is required, pursuant to NRS NRS NRS 535.010, to notify the State Engineer before he or she constructs, reconstructs or alters a dam must submit to the State Engineer:
(a) A description of all work that is proposed.
(b) The name, mailing address and telephone number of each owner of the dam.
(c) The name, mailing address and telephone number of the operator of the dam.
(d) The name, mailing address and telephone number of each professional engineer in responsible charge of work in connection with the proposed work on the dam.
(e) The source of the water to be impounded or diverted by the dam.
(f) The number of the permit for each water right for the water to be impounded or diverted by the dam.
(g) The date on which the work on the dam is anticipated to commence.
(h) The location of the dam. The location must be expressed by bearing and distance to a known section corner from a reference point on the dam and identified by latitude and longitude. The reference point must be on the long axis of the dam at the station where the toe is at the lowest elevation. If no single point meets this criterion, the reference point must be at the intersection of the long axis and the principle outlet centerline of the dam.
(i) An estimate of the length, height and volume of the dam.
(j) The capacity of the reservoir to be created by the dam.
(k) A set of plans for the proposed work. The set of plans must:
(1) Consist of at least three sheets of paper that are each 11 by 17 inches in size and contain:
(I) A cover sheet that includes the names of all the owners, the name of the dam or project and a location plat for the dam that includes a referenced section corner;
(II) A plan view of the dam and impoundment that shows the alignments of cross sections of the dam; and
(III) One or more cross sections of the dam that depict the outlet, spillway and maximum embankment height.
(2) Be prepared by a person licensed pursuant to the provisions of chapter 623, 624 or 625 of NRS.
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.210 - Submission of application for approval of plans for dam

Current through June 11, 2024
1. Except as otherwise provided in NAC 535.220, a person who is required by NRS NRS NRS 535.010 to file an application for approval of plans for a dam must submit to the State Engineer in person or by mail:
(a) The application;
(b) The fee for examining and acting upon such plans and specifications required by NRS NRS NRS 533.435; and
(c) Three copies of the plans and specifications, including, without limitation:
(1) A design report;
(2) A geotechnical report;
(3) The specifications for construction;
(4) A potential hazard classification report;
(5) A set of plans; and
(6) If required or permitted by the State Engineer, one or more addenda.
Each element of the plans and specifications must be prepared by or under the supervision of a professional engineer and must bear the wet stamp and signature of the professional engineer.
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.220 - Submission of application for approval of plans for decommissioning of dam

Current through June 11, 2024
1. A person who is required by NRS NRS NRS 535.010 to file an application for approval of plans for the decommissioning of a dam must submit to the State Engineer in person or by mail:
(a) The application; and
(b) Three copies of the plans and specifications, including, without limitation:
(1) A design report;
(2) The specifications for construction; and
(3) A set of plans.
Each element of the plans and specifications must be prepared by or under the supervision of a professional engineer and must bear the wet stamp and signature of the professional engineer.
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.230 - Rejection of application; resubmission; conditional approval

Current through June 11, 2024
1. The State Engineer will reject an application that:
(a) Appears to be incomplete; or
(b) Lacks the correct fee.
The rejected application, any accompanying plans or specifications and the fee, if any, will be returned to the applicant within 90 days after receipt of the application.
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.240 - Requirements for approval

Current through June 11, 2024
1. Except as otherwise provided in NAC 535.220, to obtain the approval of the State Engineer pursuant to NRS NRS NRS 535.010, the plans and specifications must, in addition to all other applicable requirements, demonstrate to the satisfaction of the State Engineer that:
(a) The dam and reservoir are able to accommodate the inflow design flood for the tributary watershed without the failure of the dam or any other unintended release of water.
(b) The inflow design flood selected is appropriate given the intended purpose, hazard classification and size of the dam.
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.250 - Requirements for approval concerning earthquakes

Current through June 11, 2024
1. Except as otherwise provided in NAC 535.220, to obtain the approval of the State Engineer pursuant to NRS NRS NRS 535.010, the plans and specifications must, in addition to all other applicable requirements, demonstrate to the satisfaction of the State Engineer that the dam is able to accommodate an earthquake or other extreme motion event without the failure of the dam or any other unintended release of water.
2. Except as otherwise provided in subsection 3, the applicant must calculate the seismic response to a maximum credible earthquake of a dam and its foundation, including, without limitation:
(a) Potential liquefaction;
(b) Loss of material strength;
(c) Settlement;
(d) Ground displacement; and
(e) Wave action due to landslide or seiche.
Any numeric analysis of the seismic response must be calculated for the normal maximum loading condition with steady-state seepage. If a pseudo static stability analysis is performed for an earthen embankment, the calculations must be accompanied by a description of the assumptions used in deriving the seismic coefficient used in the calculations.
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.260 - Design and construction oversight by professional engineer; construction by licensed contractors

Current through June 11, 2024
1. A professional engineer shall provide design and construction oversight for any work on a dam for which the plans and specifications require the approval of the State Engineer pursuant to NRS 535.010.
2. A contractor licensed pursuant to chapter 624 of NRS shall perform all construction on a dam classified as high hazard or significant hazard and on a large or medium dam classified as low hazard.
3. A small dam classified as low hazard may be designed by empirical methods.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003
NRS 532.120, 535.010
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.270 - Compliance with terms and conditions of approval; violations

Current through June 11, 2024
1. An applicant who begins construction of a dam pursuant to an application approved by the State Engineer shall:
(a) Comply with all terms and conditions imposed by the State Engineer as conditions for approval; and
(b) Ensure that all construction conforms to the plans as approved.
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.280 - Abandonment of dam

Current through June 11, 2024
1. An owner shall not abandon a dam except by decommissioning pursuant to NAC 535.220 or through a transfer pursuant to NAC 535.380.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003; A by  R054-14, eff. 10/24/2014
NRS 532.120
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.290 - Closure of file associated with decommissioned dam

Current through June 11, 2024
1. A person whose application for approval of plans for the decommissioning of a dam has been approved by the State Engineer may apply for the closure of the file associated with the dam.
2. The State Engineer will close a file if:
(a) The dam has been breached intentionally or through mishap;
(b) The dam and impoundment have been decommissioned;
(c) The dam was not built; or
(d) The applicant withdraws the application for approval of plans for a dam.
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.300 - Request for approval to impound

Current through June 11, 2024
1. Except as otherwise provided in subsection 8, an owner of a dam approved by the State Engineer pursuant to this chapter shall not put the dam into operation, or otherwise impound any water, until the owner obtains an approval to impound, including a temporary approval to impound, from the State Engineer.
2. To obtain an approval to impound, an owner or operator must submit to the State Engineer:
(a) The name, mailing address and telephone number of the operator of the dam;
(b) Proof of completion of work, including, without limitation:
(1) A completed cover sheet on a form supplied by the State Engineer;
(2) The certification of a professional engineer that the construction was in substantial compliance with the plans and specifications as approved;
(3) Documentation, satisfactory to the State Engineer, of quality assurance and quality control in the construction of the dam;
(4) A set of plans for the dam as-built; and
(5) Any other documents required by the terms of the approval; and
(c) The fee for filing proof of completion of work required by NRS 533.435.
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.310 - Request for temporary approval to impound

Current through June 11, 2024
1. The State Engineer may grant a temporary approval to impound.
2. An applicant may request a temporary approval to impound by submitting to the State Engineer:
(a) The reason for the necessity of a temporary approval to impound;
(b) A timetable for submitting the deficient or missing information or documents;
(c) A completed proof of completion of work cover sheet;
(d) The certification of a professional engineer that the construction is in substantial compliance with the plans and specifications as approved; and
(e) The fee for filing proof of completion of work required by NRS 533.435.
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.320 - Emergency action plan

Current through June 11, 2024
1. To obtain an approval to impound, including a temporary approval to impound, an owner or operator of a dam classified as high hazard or significant hazard must submit to the State Engineer an emergency action plan for the dam.
2. An owner or operator of a dam classified as high hazard or significant hazard for which an approval to impound has been granted as of October 24, 2014, or that otherwise is impounding water or is capable of impounding water as of October 24, 2014, shall submit to the State Engineer an emergency action plan for the dam.
3. An emergency action plan for the dam must:
(a) Follow the format presented by the Federal Emergency Management Agency in the Federal Guidelines for Dam Safety: Emergency Action Planning for Dams (FEMA Publication No. P-64) or an equivalent format approved by the State Engineer;
(b) For those sections requiring numeric analysis, calculations or mapping, be prepared under the direction of a professional engineer;
(c) Include a detailed response for each foreseeable emergency; and
(d) Include one or more inundation maps.
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.330 - Grounds for revocation of approval to impound

Current through June 11, 2024
The State Engineer may revoke an approval to impound, including a temporary approval to impound, if:
1. The approval is based on a water right that is moved, cancelled, denied, withdrawn or forfeited.
2. The terms of the approval to impound are violated.
3. The dam is operated in an unsafe manner.
4. The dam is damaged to such an extent that, in the opinion of the State Engineer, failure of the dam is reasonably possible.
5. The file associated with the dam is closed pursuant to NAC 535.290.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003; A by  R054-14, eff. 10/24/2014
NRS 532.120
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.340 - Restrictions on impoundment of water

Current through June 11, 2024
1. Notwithstanding any provision in NAC 535.300, 535.310 or 535.320 to the contrary, an owner or operator shall not impound an amount of water that is greater than the amount for which he or she possesses water rights that are legally established and recognized:
(a) Through a valid claim of vested right;
(b) By decree of a court of competent jurisdiction; or
(c) Pursuant to a permit issued by the State Engineer.
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.350 - Assessment of fee for approved storage

Current through June 11, 2024
1. The State Engineer will, not later than December 31 of each year, assess each private, nonagricultural dam that is operated pursuant to an approval to impound, including a temporary approval to impound, the fee for approved storage required by NRS NRS NRS 533.435.
2. Except as otherwise provided in subsection 3, the State Engineer will use the approved capacity stated in the approval to impound, including a temporary approval to impound, in effect as of December 31 of the fiscal year of the assessment as the approved storage capacity subject to the fee.
3. For a flood control detention basin, the State Engineer will use, except as otherwise provided in this subsection, the capacity to the spillway invert elevation in effect as of December 31 of the fiscal year of the assessment as the storage capacity subject to the fee. If a flood control detention basin lacks a spillway, the State Engineer will use the capacity relative to the inflow design flood in effect as of December 31 of the fiscal year of the assessment as the storage capacity subject to the fee.
4. The fee is due and payable upon receipt of the assessment.
5. As used in this section, "flood control detention basin" means a basin behind a dam which normally does not contain any impounded water and has an ungated outlet structure for the controlled release of water that is impounded during or after a flood to prevent erosion or downstream flooding.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003; A by  R054-14, eff. 10/24/2014
NRS 532.120, 533.435
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.360 - Inspections; completion of required repairs

Current through June 11, 2024
1. The State Engineer will, pursuant to NRS NRS NRS 535.030, inspect or require an owner to inspect:
(a) A dam classified as high hazard not less than once a year.
(b) A dam classified as significant hazard not less than once every 3 years.
(c) Any dam that is the subject of a complaint submitted to the State Engineer which alleges that the reservoir created by the dam is in an unsafe condition or is being used in an unsafe manner. An inspection by an owner required by the State Engineer pursuant to this paragraph must be completed not later than the date specified by the State Engineer.
(d) Any other dam not less than once every 5 years.
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.370 - Operation and maintenance

Current through June 11, 2024
1. Each owner and each operator shall:
(a) Operate and maintain his or her dam and works appurtenant to the dam in a safe manner and in accordance with all applicable permits, laws and regulations.
(b) Take all necessary action allowed by law to prevent the failure of the dam.
(c) Notify the State Engineer and local responsible authorities of any:
(1) Problem or unusual event at the dam; or
(2) Change in the name or address of an operator or owner of the dam, reservoir, shoreline or water right associated with the dam.
(d) Modify his or her dam to meet changing downstream hazard conditions or upstream watershed modifications.
(e) Maintain an operation manual and log for each dam that he or she owns or operates.
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.380 - Transfer of approval to impound

Current through June 11, 2024
1. Except as otherwise provided in subsection 3, if there is an actual or proposed change in the ownership of a dam for which an approval to impound, including a temporary approval to impound, has been granted by the State Engineer, the new or prospective owner may obtain the transfer to him or her of the approval to impound.
2. The State Engineer will transfer the approval to impound pursuant to subsection 1 if:
(a) The holder of the approval to impound consents in writing to the transfer; and
(b) The new or prospective owner of the dam submits, in writing:
(1) Proof that he or she is, or proposes to become, an owner of the dam;
(2) The date of the change in ownership; and
(3) An acknowledgment that the new or prospective owner has received a copy of the approval to impound that is in effect and is aware of its terms, including, without limitation, any conditions or restrictions on operation imposed by the State Engineer.
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.390 - Violations

Current through June 11, 2024
A person who violates any provision of this chapter may, depending on the nature of the violation:
1. Be assessed a civil penalty;
2. Be punished pursuant to subsection 8 of NRS 535.010; and
3. If the State Engineer orders the removal of the dam pursuant to NRS 535.050, be required to bear the expenses of such removal.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003
NRS 532.120, 535.010, 535.050
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.400 - Variances

Current through June 11, 2024
The State Engineer may, upon a showing of good cause, grant a variance from any provision of this chapter, including, without limitation, an extension of time to comply with any such provision.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003
NRS 532.120
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.410 - Exemptions

Current through June 11, 2024
Nothing in this chapter grants an exemption from any applicable federal, state or local requirement.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003
NRS 532.120
Nevada Administrative Code › Chapter 535 - DAMS AND OTHER OBSTRUCTIONS › CONSTRUCTION, RECONSTRUCTION, ALTERATION AND DECOMMISSIONING OF DAMS › Section 535.420 - Effective date of documents

Current through June 11, 2024
An application, correspondence, plan, report or other document submitted to the State Engineer pursuant to this chapter takes effect on the day when a physical copy is received in the office of the State Engineer and is stamped accordingly.
Added to NAC by St. Engineer by R124-02, eff. 5-30-2003
NRS 532.120
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › Section 538.Sec. 1 - NEW

Current through June 11, 2024
"Schedule D" means the schedule appearing at
			 43 U.S.C. §
								619a(a)(2)(A) which
			 specifies the amount of:
1. Contingent
		  capacity of the Hoover Power plant; and
2. Associated firm energy, allocated in that
		  schedule for allocation to new allottees.
Added
			 to NAC by Colorado River Comm'n by
			 R023-23A,
			 eff. 1/5/2024
NRS
				538.181,
				538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › GENERAL PROVISIONS › Section 538.005 - Definitions (Repealed)

Current through June 11, 2024
Added to NAC
				by Colorado River Comm'n, by
				R148-13,
				eff. 6/23/2014; R by
				R023-23A,
				eff. 1/5/2024
NRS 538.181,
				  538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › GENERAL PROVISIONS › Section 538.010 - "Commission" defined

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
				"Commission" means the Colorado River Commission of Nevada.
Supplied in
				codification; A by
				R148-13,
				eff. 6/23/2014; A by
				R023-23A,
				eff. 1/5/2024
NRS 538.181,
				  538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › GENERAL PROVISIONS › Section 538.025 - "Schedule D" defined (Repealed)

Current through June 11, 2024
Added to NAC
				by Colorado River Comm'n, by
				R148-13,
				eff. 6/23/2014; R by
				R023-23A,
				eff. 1/5/2024
NRS 538.181,
				  538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › GENERAL PROVISIONS › Section 538.030 - Construction

Current through June 11, 2024
The Commission intends that the provisions of this chapter be
				liberally construed to secure the just, speedy and economical determination of
				all issues presented to the Commission and to carry out the purposes of
				chapters 233B and 538 of NRS.
Colorado River Comm'n,
				Practice Rule 1 § 1.2, eff. 1-14-82
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › GENERAL PROVISIONS › Section 538.040 - Deviation from regulations

Current through June 11, 2024
In special cases, where good cause appears, the Commission
				will permit deviation from the provisions of this chapter if it finds
				compliance to be impracticable or unnecessary.
Colorado River Comm'n,
				Practice Rule 1 § 1.3, eff. 1-14-82
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › GENERAL PROVISIONS › Section 538.050 - Severability

Current through June 11, 2024
If any provision of this chapter is held invalid, it is
				intended that such invalidity not affect the remaining provisions to the extent
				they can be given effect.
Colorado River Comm'n,
				Practice Rule 1 § 1.5, eff. 1-14-82
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › GENERAL PROVISIONS › Section 538.060 - Office of Commission (Repealed)

Current through June 11, 2024
Colorado River Comm'n,
				Practice Rule 2 §2.1, eff. 1-14-82-NAC A 9-13-85; R by
				R156-20A,
				eff. 4/14/2021
NRS
				538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › GENERAL PROVISIONS › Section 538.070 - Communications

Current through June 11, 2024
1. All formal written communications and
			 documents being sent to the Commission must be addressed to the Executive
			 Director of the Commission.
2. A
			 person may seek clarification of these rules by filing a written request with
			 the Executive Director of the Commission. The Director will reply in writing
			 within a reasonable time.
Colorado River Comm'n,
				Practice Rule 2 §§ 2.2 & 2.3, eff.
				1-14-82
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.075 - Scope; power of Executive Director

Current through June 11, 2024
1. The provisions
				of NAC 538.075 to
				538.330, inclusive, govern all
				practice and procedure before the Commission.
2. To the extent that any action before the
				Commission is not covered by the provisions of NAC 538.075 to
				538.330, inclusive, the Executive
				Director may determine the proceedings to apply to the action, including,
				without limitation, the use of workshops for rulemaking.
Colorado
				  River Comm'n, Practice Rule 1 § 1.1, eff. 1-14-82-NAC A
				  9-13-85-Substituted in revision for NAC 538.020; A by
				  R148-13,
				  eff. 6/23/2014; A by
				  R033-18AP,
				  eff. 6/26/2018
NRS
				  538.181,
				  538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.080 - Classification of parties

Current through June 11, 2024
1. A person who
				applies for any right or authority from the Commission must be styled the
				"applicant."
2. A person who
				complains to the Commission of any act or of any person must be styled the
				"complainant." In any proceeding which the Commission brings on its own motion,
				it must be styled the "complainant."
3. A person, other than a complainant, who
				petitions for affirmative relief must be styled the "petitioner."
4. A person against whom any complaint is
				filed or investigation initiated must be styled the "respondent."
5. Any person who is not an original party to
				a proceeding but who makes a showing that he is directly and substantially
				affected by it, must, upon securing an order from the Executive Director
				granting him leave to intervene, be styled the "intervener." The granting of
				leave to a person to intervene or otherwise appear in any matter or proceeding
				does not constitute a finding or determination of the Executive Director or the
				Commission that the person is, for judicial review or appeal, a party aggrieved
				by a ruling, order or decision of the Commission.
6. Any person who believes that he may be
				affected by a proceeding but does not seek to participate in it, must be styled
				an "interested party."
Colorado River Comm'n,
				  Practice Rule 3 §§ 3.1-3.6, eff.
				  1-14-82
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.090 - Staff of Commission may be party to proceeding

Current through June 11, 2024
Members of the Commission's staff may appear at any
				  proceeding and exercise all rights of participation as parties to the
				  proceeding.
Colorado River Comm'n,
				  Practice Rule 3 § 3.7, eff. 1-14-82
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.100 - Appearances

Current through June 11, 2024
A party may enter his appearance at the beginning of a
				  hearing, or at any other time designated by the Commission or its presiding
				  officer, by giving his name and address and stating his position or interest to
				  the Commission or its presiding officer. The information must be recorded in
				  the transcript of the hearing.
Colorado River Comm'n,
				  Practice Rule 4 § 4.1, eff. 1-14-82
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.103 - Service lists

Current through June 11, 2024
1. The Commission
				will maintain a service list for each case for which a hearing will be held.
2. A person may submit to the
				Executive Director a written request to be placed on the service list
				maintained by the Commission pursuant to subsection 1. If a person makes such a
				request, the Commission will send the person either copies or electronic mail
				notification of all notices and orders issued by the Commission or a presiding
				officer in the case to which the service list applies.
3. A person placed on the service list
				maintained by the Commission pursuant to subsection 1 is responsible for
				notifying the Executive Director in writing of any changes in the electronic or
				physical address contact information for that person.
Added to
				  NAC by Colorado River Comm'n, by
				  R148-13,
				  eff. 6/23/2014
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.106 - Receipt of documents by Commission

Current through June 11, 2024
A document is considered officially received by the
				  Commission only if it is:
1.
				Delivered to the Commission's office in Las Vegas in person or by United States
				mail;
2. Presented to the
				Commission during a hearing;
3.
				Filed electronically through the Commission's website, if an electric filing
				system is available, and by United States mail; or
4. Filed with Commission in any other manner
				directed by the Executive Director.
Added to
				  NAC by Colorado River Comm'n, by
				  R148-13,
				  eff. 6/23/2014
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.110 - Service of process on attorney

Current through June 11, 2024
Following the entry of an appearance by an attorney for a
				  party, all notices, pleadings and orders to be served thereafter upon the party
				  must be served upon his attorney and the service is valid service for all
				  purposes upon the party represented.
Colorado River Comm'n,
				  Practice Rule 4 § 4.2, eff. 1-14-82
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.120 - Withdrawal of attorney

Current through June 11, 2024
Any attorney of record who wishes to withdraw from a
				  proceeding before the Commission must immediately give written notice of the
				  withdrawal to the party he has represented and to the Commission or its
				  presiding officer.
Colorado River Comm'n,
				  Practice Rule 4 § 4.3, eff. 1-14-82
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.130 - Pleadings: Style; verification

Current through June 11, 2024
1. Pleadings before
				the Commission must be styled applications, petitions, complaints or
				answers.
2. All pleadings must be
				verified.
Colorado River Comm'n,
				  Practice Rule 5 §§ 5.1 & 5.2, eff.
				  1-14-82
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.140 - Pleadings: Construction

Current through June 11, 2024
The Commission will construe all pleadings liberally to
				  effect justice between the parties and will, at every stage of any proceeding,
				  disregard errors or defects in the pleadings or proceedings which do not affect
				  the substantial rights of the parties.
Colorado River Comm'n,
				  Practice Rule 5 § 5.4, eff. 1-14-82
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.150 - Pleadings: Applications

Current through June 11, 2024
1. Each pleading
				which requests a right or authority from the Commission must be styled an
				"application."
2. An application
				must set forth the applicant's full name and mailing address and must contain
				any facts and exhibits required by statute.
3. The applicant must sign the
				application.
Colorado River Comm'n,
				  Practice Rule 5 § 5.5, eff. 1-14-82
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.160 - Pleadings: Amendments

Current through June 11, 2024
The Commission may allow a pleading to be amended or
				  corrected or any omission to be supplied.
Colorado River Comm'n,
				  Practice Rule 5 § 5.3, eff. 1-14-82
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.170 - Pleadings: Petitions

Current through June 11, 2024
1. Each pleading
				which prays for affirmative relief, excluding an application, complaint or
				answer, but including a request for a declaratory order, an advisory opinion or
				the adoption, filing, amendment or repeal of a regulation, must be styled the
				"petition."
2. A petition must
				contain the full name and mailing address of the petitioner and must be signed
				by him.
Colorado River Comm'n,
				  Practice Rule 5 § 5.6, eff. 1-14-82
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.180 - Complaints: General requirements

Current through June 11, 2024
1. Upon the
				initiative of any interested person, a complaint may be made alleging one or
				more causes of action based on subsection 4 of NRS
				NRS
				538.181 and NRS
				NRS
				538.221. Facts constituting acts or omissions
				must be stated with such particularity as to enable the respondent to prepare a
				defense to the complaint.
2. All
				applicable statutes, regulations and orders of the Commission must be cited,
				together with the dates on which the acts or omissions occurred.
3. If more than one cause of action is
				alleged, each cause of action must be stated and numbered separately.
4. Two or more complainants may join in one
				complaint if their respective causes of action are against the same person and
				deal with substantially the same violation of a statute, regulation or order of
				the Commission.
5. Every complaint
				must be in writing, signed and verified by the person making it, and filed with
				the Commission.
6. A complaint will
				be set for hearing at the earliest convenience of the Commission unless the
				Commission receives notice of satisfaction of the complaint.
Colorado
				  River Comm'n, Practice Rule 5 § 5.7, eff. 1-14-82; A by
				  R148-13,
				  eff. 6/23/2014
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.190 - Complaints: Answer

Current through June 11, 2024
1. Within 20 days
				after a complaint is served upon a respondent, he must file an answer with the
				Commission.
2. Affirmative defenses
				must be separately stated and numbered.
3. If the respondent fails to answer within
				the time prescribed, he shall be deemed to have denied generally the
				allegations of the complaint and is precluded, except with the consent of
				opposing parties and the Commission, from setting up any affirmative defense in
				the hearing.
4. The Commission will
				proceed with the matter solely upon the issues set forth in the
				complaint.
Colorado River Comm'n,
				  Practice Rule 5 § 5.8, eff. 1-14-82
NRS 538.201