Nevada Administrative Code

NAC 349.360 Contents of resolution giving final approval; setting final terms of bonds. (NRS 349.946) 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 municipa…

NAC 349.365 Notification of final approval. (NRS 349.946) 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-…

NAC 349.370 Submission of processing fee; sending letter of inducement. (NRS 349.946) 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 submi…

NAC 349.375 Use of processing fee. (NRS 349.946) 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 i…

NAC 349.380 Review and findings of Director; commitment for loan. (NRS 349.946) 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 leg…

NAC 349.385 Trustee: Selection or appointment; qualifications; resignation or discharge. (NRS 349.946) 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 b…

NAC 349.390 Security for repayment of loan. (NRS 349.946) 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 …

NAC 349.395 Appraisal of real property used as security. (NRS 349.946) 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 …

NAC 349.400 Documents relating to advance liens. (NRS 349.946) No documents relating to advance liens are required at the time of filing a letter of intent. (Added to NAC by Dep’t of Commerce, eff. 4-22-88)

NAC 349.405 Granting partial release of lien. (NRS 349.946) 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 o…

NAC 349.410 Ensuring proper operation and maintenance of project. (NRS 349.946) 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 prese…

NAC 349.415 Examination of books and records. (NRS 349.946) 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 …

NAC 349.420 Application by municipal obligor: Effect; filing; fee; form and contents. (NRS 349.946) 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.…

NAC 349.425 Application by municipal obligor: Action by Board; processing by Director. (NRS 349.946) 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…

NAC 349.430 Definitions. (NRS 349.982) 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 W…

NAC 349.432 “Account for the Revolving Fund” defined. (NRS 349.982) “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)

NAC 349.435 “Board” defined. (NRS 349.982) “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)

NAC 349.440 “Bureau” defined. (NRS 349.982) “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)

NAC 349.443 “Community sewage disposal system” defined. (NRS 349.982) “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)

NAC 349.445 “Community water system” defined. (NRS 349.982) “Community water system” has the meaning ascribed to it in NRS 349.980. (Added to NAC by Bd. for Financing Water Projects, eff. 12-24-91; A by R104-04, 9-18-2006)

NAC 349.450 “Department” defined. (NRS 349.982) “Department” means the State Department of Conservation and Natural Resources. (Added to NAC by Bd. for Financing Water Projects, eff. 12-24-91)

NAC 349.455 “Director” defined. (NRS 349.982) “Director” means the Director of the Department. (Added to NAC by Bd. for Financing Water Projects, eff. 12-24-91)

NAC 349.458 “Eligible recipient” defined. (NRS 349.982) “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 conserv…

NAC 349.461 “Fund” defined. (NRS 349.982) “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)

NAC 349.4615 “Individual sewage disposal system” defined. (NRS 349.982) “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)

NAC 349.462 “Irrigation district” defined. (NRS 349.982) “Irrigation district” has the meaning ascribed to it in NRS 539.013. (Added to NAC by Bd. for Financing Water Projects by R104-04, eff. 9-18-2006)

NAC 349.463 “Nontransient water system” defined. (NRS 349.982) “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)

NAC 349.464 “Program” defined. (NRS 349.982) “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…

NAC 349.465 “Public water system” defined. (NRS 349.982) “Public water system” has the meaning ascribed to it in NRS 445A.840. (Added to NAC by Bd. for Financing Water Projects, eff. 12-24-91)

NAC 349.466 “Purveyor of water” defined. (NRS 349.982) “Purveyor of water” 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)

NAC 349.467 “Requirements for public water systems” defined. (NRS 349.982) “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.…

NAC 349.469 “Viable” defined. (NRS 349.982) “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 r…

NAC 349.471 “Costs traditionally associated with capital improvements” interpreted. (NRS 349.982) 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 ch…

NAC 349.475 Eligibility for grant; filing of letter of intent. (NRS 349.982) 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 wate…

NAC 349.480 Procedure following receipt of letter of intent. (NRS 349.982) 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 pertain…

NAC 349.485 Approval of letter of intent. (NRS 349.982) 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 impro…

NAC 349.490 Disapproval of letter of intent; finality of decision of Board; reapplication. (NRS 349.982) 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 3…

NAC 349.495 Application: Submission. (NRS 349.982) 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…

NAC 349.500 Application: Required items and information; waiver of requirements. (NRS 349.982) 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, oper…

NAC 349.505 Determination of financial feasibility of proposed improvement; evaluation of certain abilities of applicant and charge for water; determination of exceptional circumstances. (NRS 349.982) Upon receipt of an application, the Division of Environmental Protection of the…

NAC 349.510 Review of application and feasibility reports; incomplete application; reports to Board. (NRS 349.982) 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 a…

NAC 349.515 Receipt of permits or authority to proceed required; exceptions; determination of sufficient water rights. (NRS 349.982) 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…

NAC 349.520 Disapproval of application: Procedure; notice. (NRS 349.982) 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 wi…

NAC 349.525 Public meeting on proposed improvement or costs; correction of deficiencies in application. (NRS 349.982) Before approving an application, the Board or its designated representative: 1. Will hold a public meeting on the proposed improvement or costs and provide reason…

NAC 349.530 Review of completed application; determinations by Board. (NRS 349.982) 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 pro…

NAC 349.535 Determination to provide grant: Action by Board; amount of grant; duties of Division of Environmental Protection of the Department. (NRS 349.982) 1. If the Board determines to provide a grant, it will adopt a resolution which must include: (a) A statement of the appro…

NAC 349.540 Request for issuance of general obligation bonds. (NRS 349.982) 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 obli…