AB490

Assembly Bill No. 490–Assemblymen Hettrick, de Braga, Carpenter, Dini and Parnell

March 11, 1999

____________

Referred to Committee on Natural Resources,
Agriculture and Mining

SUMMARY—Revises provisions governing river channel clearance. (BDR 48-1357)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to navigable rivers; authorizing under certain circumstances a governmental entity or person to conduct channel clearance of rivers without a permit issued by the division of state lands of the state department of conservation and natural resources; expanding the related provision regarding immunity; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 532.220 is hereby amended to read as follows:

1-2 532.220 1. The channel clearance, maintenance, restoration,

1-3 surveying and monumenting program is hereby established and must be

1-4 administered by the state engineer.

1-5 2. This program is to aid local governments in this state in the

1-6 clearance, maintenance, restoration, surveying and monumenting of

1-7 navigable rivers.

1-8 3. Any incorporated city, county or other political subdivision of this

1-9 state may apply to the state engineer for a grant under this program if the

1-10 incorporated city, county or other political subdivision requesting the

1-11 money agrees to match the state grant equally.

1-12 4. The state, its departments, divisions and agencies, an incorporated

1-13 city, a county and all other political subdivisions of this state, and their

1-14 employees and agents, are immune from civil liability for damages caused

1-15 by an alteration or disturbance of a riverbed or flooding sustained as a

2-1 result of any act or omission by an employee or agent in clearing or

2-2 causing to be cleared, maintaining or restoring a channel of a river

2-3 pursuant to this section if the channel is cleared, maintained or restored :

2-4 (a) Except as otherwise provided in subsection 5, pursuant to a permit

2-5 granted by the division of state lands of the state department of

2-6 conservation and natural resources ; and [~~such]~~

2-7 (b) Such other permits and approvals as are required by law.

2-8 5. If an incorporated city, a county or a political subdivision of this

2-9 state applies for a grant and the grant is denied for lack of money in the

2-10 account after:

2-11 (a) The state engineer requests an allocation from the contingency

2-12 fund pursuant to subsection 4 of NRS 532.230; and

2-13 (b) An allocation from the contingency fund is not made within 90

2-14 days after a request by the state engineer,

2-15 the incorporated city, county or political subdivision, and its employees

2-16 and agents, may conduct the clearance, maintenance, restoration,

2-17 surveying and monumenting for which the grant was requested without a

2-18 permit issued by the division of state lands of the state department of

2-19 conservation and natural resources. The immunity provided in

2-20 subsection 4 applies to any action taken without a permit by a

2-21 governmental entity in accordance with this subsection.

2-22 6. As used in this section, "navigable river" means a river or stream

2-23 that is used, or is susceptible of being used, in its ordinary condition for

2-24 trade or travel in the customary modes of trade or travel on rivers or

2-25 streams.

2-26 Sec. 2. NRS 532.230 is hereby amended to read as follows:

2-27 532.230 1. The account for the channel clearance, maintenance,

2-28 restoration, surveying and monumenting program is hereby created in the

2-29 state general fund.

2-30 2. The money in the account must be administered by the state

2-31 engineer and must be expended only to aid local governments in the

2-32 manner provided in NRS 532.220.

2-33 3. If the balance in the account is below $250,000, the state engineer

2-34 may request an allocation from the contingency fund pursuant to NRS

2-35 353.266, 353.268 and 353.269.

2-36 4. If the balance in the account is not sufficient to provide a grant of

2-37 money to an incorporated city, a county or a political subdivision of this

2-38 state, the state engineer shall request an allocation from the contingency

2-39 fund pursuant to NRS 353.266, 353.268 and 353.269. If an allocation

2-40 from the contingency fund is not made within 90 days after a request by

2-41 the state engineer, the incorporated city, county or political subdivision,

2-42 and its employees and agents, may conduct or authorize any other person

3-1 to conduct the clearance, maintenance, restoration, surveying and

3-2 monumenting for which the grant was requested without a permit issued

3-3 by the division of state lands of the state department of conservation and

3-4 natural resources pursuant to subsection 6 of NRS 322.1007.