CHAPTER 445A - WATER CONTROLS

NAC 445A.67584 Categorical exclusion: Public notice; period for public comment. (NRS 445A.270, 445A.295) 1. If the Division determines that a water project is eligible for a categorical exclusion pursuant to NAC 445A.67583, the Division shall provide notice of its intent to grant…

NAC 445A.67585 Categorical exclusion: Criteria for and effect of granting, reviewing and responding to public comments. (NRS 445A.270, 445A.295) 1. The Division shall grant a categorical exclusion to an applicant if: (a) The Division does not receive any significant comments purs…

NAC 445A.67586 Categorical exclusion: Reevaluation of decision by Division to grant exclusion. (NRS 445A.270, 445A.295) 1. If 5 years or more have passed since the Division has granted a water project a categorical exclusion and the Division has not yet recommended approval to th…

NAC 445A.67587 Environmental assessment: Preparation; contents; public review and comment; submission. (NRS 445A.270, 445A.295) 1. If the Division determines that a water project is ineligible for a categorical exclusion, the applicant shall prepare an environmental assessment fo…

NAC 445A.675875 Draft environmental assessment: Process for public participation; notice of workshop; period for public comment. (NRS 445A.270, 445A.295) 1. An applicant shall, as necessary, provide for a public participation process to provide interested or affected persons a re…

NAC 445A.67588 Draft environmental assessment: Action following consideration by Division. (NRS 445A.270, 445A.295) 1. After the Division considers the draft environmental assessment and public comments offered pursuant to the public participation process which were submitted to …

NAC 445A.67589 Finding of no significant impact: Public notice; period for public comment. (NRS 445A.270, 445A.295) 1. If the Division determines that it intends to make a finding of no significant impact for a water project, the Division shall provide notice of its intention usi…

NAC 445A.6759 Finding of no significant impact: Criteria for issuance; response to public comments. (NRS 445A.270, 445A.295) 1. The Division shall issue a finding of no significant impact to an applicant if: (a) The Division does not receive any significant comments pursuant to t…

NAC 445A.67591 Finding of no significant impact: Reevaluation of decision by Division to issue finding. (NRS 445A.270, 445A.295) 1. If 5 years or more have passed since the Division has issued a finding of no significant impact to a water project and the Division has not yet reco…

NAC 445A.67592 Execution of loan contract following finding of no significant impact. (NRS 445A.270, 445A.295) 1. After the Division has issued a finding of no significant impact to an applicant pursuant to NAC 445A.6759, the Division may execute a loan contract with the applican…

NAC 445A.67593 Partitioning of water project into discrete components: Request; requirements; determination by Division; restriction on loan contract. (NRS 445A.270, 445A.295) 1. An applicant may request that the Division allow the applicant to partition a water project into two …

NAC 445A.67594 Environmental impact statement: When required. (NRS 445A.270, 445A.295) The Division shall require an applicant to prepare and submit an environmental impact statement if the Division determines that: 1. The applicant’s proposed water project is not eligible for a …

NAC 445A.67595 Environmental impact statement: Public notice; meeting of interested parties; preparation of draft; costs. (NRS 445A.270, 445A.295) 1. After the Division determines that it shall require an applicant to prepare and submit an environmental impact statement for a pro…

NAC 445A.67596 Environmental impact statement: Public workshops; additional procedures for ensuring public participation. (NRS 445A.270, 445A.295) 1. The Division shall schedule and hold public workshops concerning an environmental impact statement pursuant to NAC 445A.67558, and…

NAC 445A.67597 Environmental impact statement: Distribution of draft by applicant; public notice of availability of draft; period for public comment. (NRS 445A.270, 445A.295) 1. The applicant shall: (a) Provide two paper copies and one electronic copy of the draft environmental i…

NAC 445A.67598 Environmental impact statement: Issuance of final determination of completion of environmental review; response to public comments. (NRS 445A.270, 445A.295) 1. If no significant comments are received by the Division within the time prescribed in NAC 445A.67597, the…

NAC 445A.67599 Environmental impact statement: Fee for copies of documents. (NRS 445A.270, 445A.295) The Division: 1. Shall, upon the request of any person, provide that person with a copy of any version of the environmental impact statement or any supporting documents; and 2. Ma…

NAC 445A.6761 Preparation of final environmental impact statement. (NRS 445A.270, 445A.295) An applicant shall prepare or have prepared a final environmental impact statement after the time for public comment and public workshops concludes and after considering any comments recei…

NAC 445A.67611 Completion of process of environmental review; compliance with mitigation; prerequisites to execution of loan contract; changes in design or environmental conditions. (NRS 445A.270, 445A.295) 1. After an applicant submits a final environmental impact statement to t…

NAC 445A.67612 Reevaluation of decision by Division regarding final environmental impact statement; public notice of intention not to change original record of decision; period for public comment; additional information. (NRS 445A.270, 445A.295) 1. If 5 years or more have passed …

NAC 445A.67613 Filing and contents of application; submission of additional information. (NRS 445A.270) 1. An applicant may make a formal request for financial assistance from the Account for the Revolving Fund by filing with the Division an application at any time after the appl…

NAC 445A.67614 Initial evaluation of application. (NRS 445A.270) 1. Upon receipt of an application, the Division shall evaluate: (a) The application to determine whether the applicant submitted all the information required pursuant to NAC 445A.67613; (b) The ability of the public…

NAC 445A.676142 Use of value engineering; submission of water project for peer review. (NRS 445A.270) 1. An applicant shall conduct value engineering if the total estimated cost of constructing the water project is more than $10,000,000. Any recommendations derived from the value…

NAC 445A.676144 System of user charges. (NRS 445A.270) Any system of user charges proposed by an applicant must: 1. Be designed to produce the money required for the costs of operation, maintenance and replacement of the water project and public water system; 2. Provide that each…

NAC 445A.676146 Use of rate structures for repayment of loan. (NRS 445A.270) 1. If the Division determines that it is necessary for an applicant to impose a separate rate structure to repay a loan for a water project, the applicant shall: (a) Adopt a resolution or take such other…

NAC 445A.67615 Completion of application; waiver of requirements for certain permits; submission of incomplete application. (NRS 445A.270) 1. An application is complete when the Division determines that the applicant has supplied all the information required in this section and N…

NAC 445A.67616 Additional documentation required with applications regarding certain water projects. (NRS 445A.270) If a water project will serve two or more public water systems, the applicant shall submit with the application an executed copy of any interagency agreement, contr…

NAC 445A.67617 Rejection of application. (NRS 445A.270) The Division shall reject an application if the applicant fails to: 1. Submit a complete application pursuant to NAC 445A.67613 and 445A.67614; 2. Provide documentary evidence that the applicant has access to dedicated sourc…

NAC 445A.67618 Preparation of written report. (NRS 445A.270) Upon determining that an application is complete, the Division shall prepare a written report which includes: 1. An evaluation of the application; 2. The financial feasibility of the proposed water project; 3. The statu…

NAC 445A.67619 Final review of application; submission of written report and recommendation to Board for Financing Water Projects; request for hearing. (NRS 445A.270) The Division shall: 1. Review the completed application and any records and other documents submitted by the appl…

NAC 445A.67622 Loan contract: Conditions for offer. (NRS 445A.270) The Division shall not offer a loan contract to an applicant until: 1. The Board for Financing Water Projects has issued its approval of the water project to the applicant; and 2. The applicant has: (a) Submitted …

NAC 445A.67623 Loan contract: Conditions for execution. (NRS 445A.270) The applicant and the Administrator may execute a loan contract only after any conditions to the commitment of financial assistance have been met, including, without limitation, that the applicant has establis…

NAC 445A.676233 Fees. (NRS 445A.270, 445A.280) 1. Except as otherwise provided in subsection 5, the Division shall charge a recipient a loan origination fee of: (a) If the recipient receives a principal forgiveness loan or a short-term loan, $1,000. (b) If the recipient receives …

NAC 445A.676235 Submission of final set of plans and specifications for water project; examination by Division. (NRS 445A.270) 1. Before advertising for bids, a recipient shall submit to the Division a final set of plans and specifications for the water project. 2. The Division s…

NAC 445A.67624 Submission of certain documentation and information to Division before commencing construction of water project; issuance of notice to proceed. (NRS 445A.270) 1. Before commencing the construction of a water project, a recipient shall submit to the Division: (a) Bi…

NAC 445A.67626 Disbursement of money pursuant to loan: Submission of requests and documentation demonstrating appropriate distribution by recipient; requirements. (NRS 445A.270) 1. A recipient: (a) May submit to the Division periodic requests for the disbursement of money pursuan…

NAC 445A.67627 Submission of certain documents and information to Division upon completion of water project; availability of unused amount of loan. (NRS 445A.270) 1. After a recipient has completed a water project, the recipient shall submit to the Division for its approval: (a) …

NAC 445A.67628 Adoption by reference of certain accounting pronouncements; maintenance of separate accounts for water projects. (NRS 445A.270) 1. The Commission hereby adopts by reference the most current pronouncements issued by the Governmental Accounting Standards Board, unles…

NAC 445A.67629 Maintenance of records and accounts. (NRS 445A.270) 1. A recipient shall: (a) Establish an official file for the water project, which must contain an adequate record of all significant actions relating to the water project; (b) Establish accounts that accurately an…

NAC 445A.6763 Audit of financial records relating to water project. (NRS 445A.270) 1. Whenever an audit is required by federal law or by an agency of the Federal Government, or whenever the Division determines that an audit is necessary to ensure the integrity of the Account for …

NAC 445A.67634 Construction contracts for public water system that is publicly owned: Compliance with certain requirements; resolution of disputes related to bidding. (NRS 445A.270) If a public water system is publicly owned: 1. The recipient must comply with any applicable provi…

NAC 445A.67635 Compliance with federal and state law regarding labor and wages. (NRS 445A.270) A recipient shall comply with the provisions of the Davis-Bacon Act, 40 U.S.C. §§ 276a et seq., if they apply, the applicable provisions of chapter 338 of NRS and all other applicable s…

NAC 445A.67636 Participation by disadvantaged businesses: Generally. (NRS 445A.270) 1. A recipient shall comply with any applicable equivalency requirement of federal law concerning the participation of disadvantaged businesses. 2. A recipient shall attempt to comply with the fai…

NAC 445A.67637 Participation by disadvantaged businesses: Awarding of subcontracts. (NRS 445A.270) A recipient shall ensure that, if his or her contractor for a water project awards any subcontracts relating to the water project, the contractor complies with any applicable equiva…

NAC 445A.67638 Notification of Division: Award of prime construction contract; steps in construction; beginning of operation of project. (NRS 445A.270) 1. A recipient shall notify the Division in writing within 5 working days after the award of the prime construction contract for…

NAC 445A.67639 Oversight inspections. (NRS 445A.270) The Division may conduct oversight inspections during the construction of a water project to ascertain that the recipient is constructing the project according to the approved plans and specifications and applicable contract re…

NAC 445A.6764 Submission to Division of manual of operations and maintenance for water project. (NRS 445A.270) Not later than 90 days after a water project is completed, the recipient shall submit to the Division a draft of the manual of operations and maintenance for the water p…