Nevada Administrative Code

NAC 349.190 “Water right” defined. (NRS 349.946) “Water right” means the legal right to use water which has been appropriated pursuant to chapters 533 and 534 of NRS by means of application, permit, certificate, decree or claim of vested right. (Added to NAC by Dep’t of Commerce,…

NAC 349.195 Requests for clarification, relief or information. (NRS 349.946) Any person desiring clarification of any provision of NAC 349.100 to 349.415, inclusive, relief from the strict application of any provision of NAC 349.100 to 349.415, inclusive, or information concernin…

NAC 349.200 General criteria and policies for consideration and approval of projects. (NRS 349.946) 1. Except as otherwise provided in NAC 349.420 and 349.425, the Board and the Director will consider only those water projects which comply with NAC 349.100 to 349.415, inclusive, …

NAC 349.205 General considerations: Effect on existing rights; development of resources in State; expected cost; severability of commitments for loans. (NRS 349.946) 1. Any proposed water project submitted by an applicant or obligor, other than a municipal obligor, to the Board f…

NAC 349.210 Priorities for projects. (NRS 349.946) To be eligible for consideration by the Board, any proposed water project must satisfy one or more of the following priorities: 1. Resolve or abate an emergency situation. 2. Provide for the best utilization of surface and ground…

NAC 349.215 Letter of intent: Filing; contents. (NRS 349.946) Any applicant or obligor, other than a municipal obligor, who wishes to apply for the financing of a water project must file with the Board a letter of intent. The letter must include: 1. The name, address and telephon…

NAC 349.220 Letter of intent: Address. (NRS 349.946) A letter of intent must be addressed to: Board For Financing Water Projects Division of Environmental Protection 333 West Nye Lane Carson City, Nevada 89706-0851 (Added to NAC by Dep’t of Commerce, eff. 4-22-88; A by Dep’t of B…

NAC 349.225 Letter of intent: Procedure upon receipt. (NRS 349.946) Upon receipt of a letter of intent, the Department will: 1. Record the date of receipt; 2. Maintain an updated file containing all documents and information pertaining to the financing of the proposed water proje…

NAC 349.230 Letter of intent: Forwarding comments to Board; consideration without comments or deferral of action. (NRS 349.946) If the Department receives comments from the Nevada State Energy Office within 30 days after forwarding a copy of a letter of intent for a review to be …

NAC 349.235 Requesting advice and information from State Engineer. (NRS 349.946) The Board may request advice and pertinent information from the State Engineer on the existence and status of any water rights which affect a proposed water project described in a letter of intent. (…

NAC 349.240 Factors for determination by Board. (NRS 349.946) The Board shall consider any letter of intent forwarded from the Department and shall, in a motion or resolution adopted by the Board, determine the following: 1. Whether the obligor is a person or an entity eligible f…

NAC 349.245 Approval of letter; right to prepare and file application. (NRS 349.946) If the Board makes the determinations set forth in NAC 349.240 and finds that the proposed water project satisfies the general policies in NAC 349.200 and at least one of the priorities set forth…

NAC 349.250 Assistance with preliminary plan and application; issuance of certificate of inducement. (NRS 349.946) If the Board has approved a letter of intent, it may request the State Engineer and the Director, within the limits of available resources, to assist the applicant o…

NAC 349.255 Disapproval of letter; finality of decision. (NRS 349.946) 1. If the Board cannot make the determinations required by NAC 349.240 and finds that the letter of intent does not meet any essential requirement of NAC 349.100 to 349.415, inclusive, it shall disapprove the …

NAC 349.260 Subsequent application after disapproval of letter. (NRS 349.946) If a letter of intent is disapproved by the Board, the applicant or obligor may reapply 12 months after the date of disapproval or at such time as permitted by the Board, whichever is earlier. (Added to…

NAC 349.265 Period for filing application. (NRS 349.946) Upon approval of a letter of intent by the Board, the applicant or obligor must file an application for the financing of the proposed water project within 1 year after the date of approval or within a time specified by the …

NAC 349.270 Effect of approval of letter. (NRS 349.946) The approval of a letter of intent by the Board does not guarantee or assure that any proposed water project will be financed, and only constitutes a preliminary step by which the Board may reasonably determine the likelihoo…

NAC 349.275 Submission of application and preliminary plan. (NRS 349.946) Except as otherwise provided in NAC 349.420 and 349.425, after a letter of intent for a proposed water project is approved, an application and preliminary plan may be submitted to the Board for review and p…

NAC 349.280 Form for application. (NRS 349.946) An application must be in the form provided by the Director. (Added to NAC by Dep’t of Commerce, eff. 4-22-88)

NAC 349.285 Addressing and filing application. (NRS 349.946) The application must be addressed to the Board and filed in the same manner as provided in NAC 349.220. (Added to NAC by Dep’t of Commerce, eff. 4-22-88)

NAC 349.290 Application fee: Payment; use; liability for additional expenses; action by Director. (NRS 349.946) 1. A nonrefundable application fee of $2,000 or 0.25 percent of the principal amount of the total financing for the water project, whichever is less, must be paid to th…

NAC 349.295 Documentation required with application. (NRS 349.946) 1. Except as otherwise provided in subsection 2 and NAC 349.420 and 349.425, an application must contain or be accompanied by documentation providing the following items and information: (a) A feasibility study fo…

NAC 349.300 Preparation of data and studies for Board. (NRS 349.946) The applicant or obligor, other than a municipal obligor, must acknowledge in writing that the obligor will prepare all necessary data and feasibility studies for presentation of the application and preliminary …

NAC 349.305 Initial review of application. (NRS 349.946) 1. Upon the filing of an application, the required fee and, if applicable, a preliminary plan, the Director will review the material to determine if all information required on the application has been provided. 2. Except f…

NAC 349.310 Determining marketability of bonds or securities and financial feasibility of project. (NRS 349.946) Upon receipt of an application, the Director will forward all data and information contained therein to the authorized financial advisers, bond underwriters, bond coun…

NAC 349.315 Referral of application to other agencies. (NRS 349.946) The State Engineer or the Director may refer an application to any local, state or federal agency for review and, if necessary, for approval. (Added to NAC by Dep’t of Commerce, eff. 4-22-88)

NAC 349.320 Certification by State Engineer. (NRS 349.946) Except for an application filed by a municipal obligor, the State Engineer shall certify to the Board and the Director that an application and preliminary plans are complete and that the project meets the criteria set for…

NAC 349.325 Analysis of application: Preparation; contents. (NRS 349.946) Except for an application filed by a municipal obligor, after the State Engineer has certified that an application and preliminary plans are complete pursuant to NAC 349.320, the Director and State Engineer…

NAC 349.330 Obtaining necessary permits or authorization to proceed. (NRS 349.946) Except for an application filed by a municipal obligor, an application must not be approved by the Board until the necessary permits are obtained or until each agency issuing permits has given writ…

NAC 349.335 Procedure for disapproval of applications. (NRS 349.946) 1. If the Board determines that an application cannot be approved, it shall prepare appropriate findings and conclusions and adopt a resolution stating the reasons for the disapproval. 2. The Board shall give th…

NAC 349.340 Public hearing on proposal. (NRS 349.946) Before approving an application, the Board shall schedule a public hearing on the proposed water project, providing reasonable notice to the members of the public who may be affected by the project. (Added to NAC by Dep’t of C…

NAC 349.345 Procedure after tentative approval of project. (NRS 349.946) If after a public hearing the Board tentatively approves a proposed water project, the Board may, depending on the size and scope of the project: 1. Grant final approval of the application by adopting a reso…

NAC 349.350 Review of final plan; resolution of final approval. (NRS 349.946) 1. Upon receipt of a final plan, if required, the Board shall review the plan. Except for a water project proposed by a municipal obligor, the Board shall determine whether, based on all the records and…

NAC 349.355 Referral of application for further study or correction of deficiencies. (NRS 349.946) Before adopting a resolution giving final approval to a proposed water project, the Board may refer the application to the Director or State Engineer for further study or refer the …

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.…