AB26 - Revises provisions relating to dams. (BDR 48-261)

- 83rd Session (2025) Assembly Bill No. 26–Committee on Natural Resources CHAPTER.......... AN ACT relating to water; exempting the State Engineer from liability for certain damages resulting from the performance of certain duties; revising provisions relating to the construction, reconstruction or alteration of a dam; exempting certain works under the jurisdiction of the United States Bureau of Reclamation or the United States Army Corps of Engineers from certain requirements relating to dams; requiring that certain applications relating to dams be made available to the Department of Wildlife; authorizing the State Engineer to enter certain parcels of land to access a dam or other obstruction; revising provisions relating to the removal of any dam, diversion works or obstruction; revising provisions relating to the removal of certain animals interfering with the flow of water; providing a penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Under existing law, the State Engineer is authorized to regulate the construction, reconstruction, alteration and operation of dams and other obstructions of waterways in the State of Nevada. (NRS 532.110, 532.120, chapter 535 of NRS) Section 1 of this bill exempts the State Engineer and any assistant of the State Engineer from liability for damages caused by certain failures of a dam or reservoir that may occur as a result of an inspection, emergency response or enforcement of an order or regulation by the State Engineer or his or her assistant. Under existing law, any person proposing to construct a dam in this State must obtain a permit from the State Engineer to appropriate, store and use the water impounded or diverted by the proposed dam before beginning construction and, upon obtaining or possessing such a permit, must submit, in triplicate, to the State Engineer for approval plans and specifications for certain dams. Existing law further: (1) authorizes the State Engineer to inspect the construction of a dam at any time for compliance with the approved plans and specifications; (2) prohibits the construction and use of any dam, under certain circumstances, before the approval of plans and specifications by the State Engineer; and (3) makes it a misdemeanor to construct or use a dam without first obtaining such approval. (NRS 535.010) Section 2 of this bill makes these provisions applicable to the reconstruction or alteration of a dam. Section 2 also removes the requirement that any person proposing to construct a dam in this State obtain a permit to appropriate, store and use water impounded or diverted by the proposed dam before beginning construction of the dam and instead requires any person proposing to construct, reconstruct or alter a dam to obtain approval from the State Engineer before beginning construction, reconstruction or alteration of the dam. Section 2 further: (1) requires a person to submit plans and specifications to the State Engineer for approval if the dam is classified by the State Engineer as a high hazard or significant hazard dam; and (2) removes the requirement that such plans and specifications be submitted in triplicate. Under existing law, the State Engineer is authorized to impose certain administrative fines for, or may seek injunctive relief upon, the violation of any – 2 – - 83rd Session (2025) permit issued by the State Engineer relating to the construction, reconstruction or alteration of a dam. (NRS 535.200, 535.210) Sections 8 and 9 of this bill authorize the imposition of certain administrative fines or the seeking of injunctive relief upon the violation of any approval issued by the State Engineer in conformity with the removal of the requirement to obtain a permit made in section 2. Under existing law, the State Engineer is required to file with the Board of Wildlife Commissioners a copy of applications for approval of plans and specifications for a new dam or for the alteration and enlargement of any dam in a stream. (NRS 535.020) Section 3 of this bill instead requires the State Engineer to notify the Department of Wildlife when an application for decommissioning a dam is filed or a request for approval of plans and specifications of a new dam or for the alteration and enlargement of any dam in a stream is submitted and to make the application or plans and specifications available to the Department. Under existing law, works constructed by the United States Bureau of Reclamation or the United States Army Corps of Engineers are exempt from certain requirements relating to dams, including requirements for the approval of plans and specifications and inspections and safety and repair requirements. (NRS 535.010, 535.030) Sections 2 and 4 of this bill exempt any works under the jurisdiction of the United States Bureau of Reclamation or the United States Army Corps of Engineers from such requirements. Under existing law, the State Engineer or any assistant or authorized agent of the State Engineer is authorized to enter any land, at a reasonable hour, where a dam or obstruction is situated to investigate and carry out the duties of the State Engineer. (NRS 535.035) Section 5 of this bill further authorizes the State Engineer or any assistant or authorized agent of the State Engineer to enter the land of any parcel adjacent to where a dam or other obstruction is located as is necessary to access the dam or other obstruction. Under existing law, the State Engineer is authorized to order the removal of any dam, diversion works or obstruction that has not been legally established by certain means. If such a dam, diversion works or obstruction is ordered removed by the State Engineer and is not removed after the service of a 30-day notice upon the owner or person controlling the dam, diversion works or obstruction, or an appeal of the removal order has not been filed, the State Engineer may remove the dam, diversion works or obstruction. (NRS 535.050) Section 6 of this bill authorizes the State Engineer to remove a dam, diversion works or obstruction not legally established after providing a written, not served, copy of the 30-day notice to the owner of the dam, diversion works or obstruction. Under existing law, the State Engineer is authorized to remove a beaver on privately owned land if it is determined the beaver is interfering with the flow of water to the detriment of water users and after service of a written notice on the owner of the private land. (NRS 535.060) Section 7 of this bill requires that the written notice be provided to the landowner and need not be served. – 3 – - 83rd Session (2025) EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 535 of NRS is hereby amended by adding thereto a new section to read as follows: The State Engineer and any assistant of the State Engineer are not liable for any damages caused by the partial or total failure of a dam or reservoir as a result of any inspection, emergency response or enforcement of an order or regulation by the State Engineer or his or her assistant. Sec. 2. NRS 535.010 is hereby amended to read as follows: 535.010 1. Any person proposing to construct , reconstruct or alter a dam in this state shall, before beginning construction, reconstruction or alteration of the dam, obtain approval from the State Engineer . [a permit to appropriate, store and use the water to be impounded by or diverted by the dam.] 2. Any [such] person [obtaining or possessing such a permit] who obtains approval from the State Engineer pursuant to subsection 1 shall: (a) Before constructing, reconstructing or altering in any way any dam, notify the State Engineer thereof; and (b) [Where the dam is] Submit to the State Engineer for approval plans and specifications for the construction, reconstruction or alteration of the dam, if the dam: (1) Is or will be 20 feet or more in height, measured from the downstream toe to the crest of the dam [, or is] ; (2) Is less than 20 feet in height and will impound more than 20 acre-feet of water [, submit to the State Engineer in triplicate plans and specifications thereof for approval 30 days before construction is to begin.] ; or (3) Is classified by the State Engineer as a high hazard or significant hazard dam. 3. The State Engineer shall examine [such] any plans and specifications submitted pursuant to subsection 2 and if [the State Engineer approves them] approved, the State Engineer shall return [one] a copy of the plans and specifications with such approval to the applicant. If the State Engineer disapproves any part of the plans and specifications the State Engineer shall return them to the applicant for correction or revision. – 4 – - 83rd Session (2025) 4. The construction , reconstruction, alteration and use of any dam is prohibited before approval [of the plans and specifications] by the State Engineer [.] is obtained pursuant to subsection 1. 5. The State Engineer may at any time inspect or cause to be inspected the construction , reconstruction or alteration work on a dam while it is in progress to determine that it is being done in accordance with the approved plans and specifications [.] , if applicable. 6. [This section applies to new construction, reconstruction and alteration of old structures. 7.] The provisions of this section relating to the approval of plans and specifications and inspection of dams do not apply to works [constructed by] under the jurisdiction of the United States Bureau of Reclamation or the United States Army Corps of Engineers , [;] but such federal agencies shall file duplicate plans and specifications with the State Engineer. [8.] 7. Any person beginning the construction , reconstruction or alteration of any dam before notifying the State Engineer in accordance with paragraph (a) of subsection 2 or obtaining approval of the plans and specifications by the State Engineer, [or without having given the State Engineer 30 days’ advance notice of any proposed change, reconstruction or alteration thereof,] if required pursuant to paragraph (b) of subsection 2, is guilty of a misdemeanor. Each day of violation of this section constitutes a separate offense and is separately punishable. Sec. 3. NRS 535.020 is hereby amended to read as follows: 535.020 1. Whenever an application for decommissioning a dam is filed or a request for approval of plans and specifications for a new dam or for the alteration and enlargement of any dam in any stream in this state is [filed with] submitted to the State Engineer, the State Engineer shall [file a copy of the application with] notify the [Board] Department of Wildlife [Commissioners.] and make the application or plans and specifications, as applicable, available to the Department of Wildlife. 2. In the construction of a dam, or the alteration or enlargement of a dam, the owner shall conform with the provisions of law for the installation of fishways over or around dams and for the protection and preservation of fish in streams obstructed by dams. Sec. 4. NRS 535.030 is hereby amended to read as follows: 535.030 1. The State Engineer from time to time shall: (a) Make inspections of dams at state expense for the purpose of determining their safety; and – 5 – - 83rd Session (2025) (b) Require owners to perform at their expense such work as may be necessary to supply the State Engineer with information as to the safety of such dams. 2. The owners shall perform at their expense any other work necessary to maintenance and operation which will safeguard life and property. 3. If at any time the condition of any dam becomes so dangerous to the safety of life or property as not to permit sufficient time for the issuance and enforcement of an order relative to the maintenance or operation thereof, the State Engineer may, if he or she deems it necessary, immediately employ the following remedial measures to protect either life or property: (a) Lower the water level by releasing water from the reservoir. (b) Completely empty the reservoir. (c) Take such other steps as may be essential to safeguard life and property. 4. The provisions of this section shall not apply to works [constructed by] under the jurisdiction of the United States Bureau of Reclamation or the United States Army Corps of Engineers. Sec. 5. NRS 535.035 is hereby amended to read as follows: 535.035 In addition to any inspection conducted pursuant to NRS 535.010 or 535.030, the State Engineer or any assistant or authorized agent of the State Engineer may enter the land of any owner or proprietor where any dam or other obstruction is [situated] located, and any adjacent parcel of land as is necessary to access the dam or other obstruction, at any reasonable hour of the day to investigate and carry out the duties of the State Engineer pursuant to this chapter. Sec. 6. NRS 535.050 is hereby amended to read as follows: 535.050 1. The State Engineer has the right, power and authority to order the removal of any dam, diversion works or obstruction that [has been placed in any stream channel or watercourse when the dam, diversion works or obstruction] has not been legally established and recognized through a valid claim of vested right, by decree of court or [by a permit issued] approved by the State of Nevada [.] in accordance with the provisions of this section. 2. Nothing in this section is to be construed as giving the State Engineer any right or authority to remove any dam or diversion works that has been so legally recognized and established. 3. If the dam, diversion works or obstruction has not been removed after 30 days’ notice in writing given by the State Engineer [and served upon] to the owner [or person controlling] of the dam, – 6 – - 83rd Session (2025) diversion works or obstruction, or if no appeal has been taken from the order of the State Engineer as is provided for in NRS 533.450, then the State Engineer may remove the dam, diversion works or obstruction. 4. The State Engineer shall charge the actual cost of [that] the removal of the dam, diversion works or obstruction to the water distribution account and thereafter present an itemized statement of the charge to the board of county commissioners of the county wherein those expenses were incurred. The board of county commissioners shall thereupon present a bill for the expenses to the person liable therefor under th [Text truncated for display. Full text available on LegiScan.]