Nevada Administrative Code

NAC 535.250 Requirements for approval concerning earthquakes. (NRS 532.120, 535.010) 1. Except as otherwise provided in NAC 535.220, to obtain the approval of the State Engineer pursuant to NRS 535.010, the plans and specifications must, in addition to all other applicable requir…

NAC 535.260 Design and construction oversight by professional engineer; construction by licensed contractors. (NRS 532.120, 535.010) 1. A professional engineer shall provide design and construction oversight for any work on a dam for which the plans and specifications require the…

NAC 535.270 Compliance with terms and conditions of approval; violations. (NRS 532.120, 535.030, 535.050) 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 Stat…

NAC 535.280 Abandonment of dam. (NRS 532.120) 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, 10-24-2014)

NAC 535.290 Closure of file associated with decommissioned dam. (NRS 532.120) 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 E…

NAC 535.300 Request for approval to impound. (NRS 532.120, 533.435, 535.030) 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 …

NAC 535.310 Request for temporary approval to impound. (NRS 532.120, 533.435) 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 te…

NAC 535.320 Emergency action plan. (NRS 532.120) 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…

NAC 535.330 Grounds for revocation of approval to impound. (NRS 532.120) 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…

NAC 535.340 Restrictions on impoundment of water. (NRS 532.120) 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 right…

NAC 535.350 Assessment of fee for approved storage. (NRS 532.120, 533.435) 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,…

NAC 535.360 Inspections; completion of required repairs. (NRS 532.120, 535.030, 535.035) 1. The State Engineer will, pursuant to 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…

NAC 535.370 Operation and maintenance. (NRS 532.120) 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…

NAC 535.380 Transfer of approval to impound. (NRS 532.120) 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 Stat…

NAC 535.390 Violations. (NRS 532.120, 535.010, 535.050) 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 t…

NAC 535.400 Variances. (NRS 532.120) 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-…

NAC 535.410 Exemptions. (NRS 532.120) 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)

NAC 535.420 Effective date of documents. (NRS 532.120) 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 stamp…

NAC 538.005 Definitions. (NRS 538.201) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 538.010 and 538.025 have the meanings ascribed to them in those sections. (Added to NAC by Colorado River Comm’n by R148-13, eff. 6-23-2014)

NAC 538.010 “Commission” defined. (NRS 538.201) “Commission” means the Colorado River Commission of Nevada. (Supplied in codification)—(NAC A by Colorado River Comm’n by R148-13, 6-23-2014)

NAC 538.025 “Schedule D” defined. (NRS 538.181, 538.201) “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, Ê allocated in that schedule for allocat…

NAC 538.030 Construction. (NRS 538.201) 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 NR…

NAC 538.040 Deviation from regulations. (NRS 538.201) 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…

NAC 538.050 Severability. (NRS 538.201) 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]

NAC 538.070 Communications. (NRS 538.201) 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 Executiv…

NAC 538.075 Scope; power of Executive Director. (NRS 538.181, 538.201) 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 5…

NAC 538.080 Classification of parties. (NRS 538.201) 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 …

NAC 538.090 Staff of Commission may be party to proceeding. (NRS 538.201) 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]

NAC 538.100 Appearances. (NRS 538.201) A party may enter his or her appearance at the beginning of a hearing, or at any other time designated by the Commission or its presiding officer, by giving the party’s name and address and stating his or her position or interest to the Comm…

NAC 538.103 Service lists. (NRS 538.201) 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 sub…

NAC 538.106 Receipt of documents by Commission. (NRS 538.201) 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.…

NAC 538.110 Service of process on attorney. (NRS 538.201) 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 or her attorney and the service is valid service for all pur…

NAC 538.120 Withdrawal of attorney. (NRS 538.201) 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 or she has represented and to the Commission or its presiding officer. [C…

NAC 538.130 Pleadings: Style; verification. (NRS 538.201) 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]

NAC 538.140 Pleadings: Construction. (NRS 538.201) 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 substantia…

NAC 538.150 Pleadings: Applications. (NRS 538.201) 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 requ…

NAC 538.160 Pleadings: Amendments. (NRS 538.201) 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]

NAC 538.170 Pleadings: Petitions. (NRS 538.201) 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, m…

NAC 538.180 Complaints: General requirements. (NRS 538.201) 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 538.181 and NRS 538.221. Facts constituting acts or omissions must be stated wit…

NAC 538.190 Complaints: Answer. (NRS 538.201) 1. Within 20 days after a complaint is served upon a respondent, he or she 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 p…

NAC 538.195 Presiding officers: Appointment; draft orders; review of decisions. (NRS 538.201) 1. The Commission may appoint one or more presiding officers to preside over and conduct hearings or other proceedings, or any portion thereof, in any matter pending before the Commissio…

NAC 538.200 Prehearing conference. (NRS 538.201) The Chair of the Commission, the Executive Director or the presiding officer may, upon written notice to all parties of record, hold a prehearing conference to: 1. Formulate or simplify the issues; 2. Obtain admissions of fact and …

NAC 538.210 Hearings: Notice; location. (NRS 538.201, 538.221) 1. Hearings will be held before the Commission or its designated presiding officer. 2. Notice of a hearing will be served at least 20 days before the time set for the hearing. 3. A hearing which has previously been co…

NAC 538.220 Hearings: Continuances. (NRS 538.201, 538.221) The Commission or presiding officer may, either before or during a hearing, upon a proper showing, grant a continuance for the submission of additional proof. [Colorado River Comm’n, Practice Rule 7 § 7.9, eff. 1-14-82]

NAC 538.230 Hearings: Failure of party to appear. (NRS 538.201, 538.221) 1. If a party fails to appear at a scheduled hearing and no continuance has been granted, the Commission or presiding officer will hear the evidence of the witnesses who have appeared and will proceed to con…

NAC 538.240 Hearings: Conduct. (NRS 538.201, 538.221) All parties to hearings, their counsel and spectators shall conduct themselves in a respectful manner. [Colorado River Comm’n, Practice Rule 7 § 7.3, eff. 1-14-82]

NAC 538.250 Hearings: Presentation of evidence. (NRS 538.201, 538.221) 1. The Commission or presiding officer will call the proceeding to order, take appearances and act upon any pending motions or petitions. The parties may then make opening statements. 2. Except as otherwise pr…