CHAPTER........
AN ACT relating to navigable rivers; requiring the division of state lands and the division of
environmental protection of the state department of conservation and natural
resources to refund under certain circumstances fees paid by governmental entities
to obtain a permit to conduct channel clearance of rivers; revising provisions
governing the account for the channel clearance, maintenance, restoration,
surveying and monumenting program; and providing other matters properly relating
thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 532.220 is hereby amended to read as follows:
4. The state, its departments, divisions and agencies, an incorporated
city, a county and all other political subdivisions of this state, and their
employees and agents, are immune from civil liability for damages caused
by an alteration or disturbance of a riverbed or flooding sustained as a
result of any act or omission by an employee or agent in clearing or causing
to be cleared, maintaining or restoring a channel of a river pursuant to this
section if the channel is cleared, maintained or restored pursuant to a permit
granted by the division of state lands of the state department of
conservation and natural resources and such other permits and approvals as
are required by law.
5.
The division of state lands and the division of environmentalprotection of the state department of conservation and natural resources
shall refund the application or permit fees, if any, paid by a
governmental entity to apply for a state permit to perform channel
clearance, maintenance, restoration, surveying and monumenting if:
(a) The governmental entity applies for the applicable permits from
the division of state lands and from the division of environmental
protection of the state department of conservation and natural resources;
(b) The governmental entity obtains all other permits and approvals as
(c) The governmental entity applies for a grant pursuant to subsection
3; and
(d) The grant is denied for lack of money in the account after:
(1) The state engineer requests an allocation from the contingency
fund pursuant to subsection 4 of NRS 532.230; and
(2) An allocation from the contingency fund is not made within 90
days after the request is made.
6. A state permit must not be denied for lack of money in the account
for the channel clearance, maintenance, restoration, surveying and
monumenting program.
Sec. 2. NRS 532.230 is hereby amended to read as follows: