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, its employees and agents to conduct channel clearance of rivers without certain permits; 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 causing

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

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

2-4 (a) Except as otherwise provided in subsection 5, a permit granted by

2-5 the division of state lands of the state department of conservation and

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

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

2-8 5. Subject to the limitations contained in subsection 6, an

2-9 incorporated city, county or political subdivision, and its employees and

2-10 agents, may conduct clearance, maintenance, restoration, surveying and

2-11 monumenting without obtaining a grant, without obtaining a permit

2-12 issued by the division of state lands or the division of environmental

2-13 protection of the state department of conservation and natural resources

2-14 and without paying application or permit fees for such permits if:

2-15 (a) The governmental entity applies for the applicable permits from

2-16 the division of state lands and from the division of environmental

2-17 protection of the state department of conservation and natural resources;

2-18 (b) The governmental entity obtains all other permits and approvals as

2-19 are required by law;

2-20 (c) The governmental entity applies for a grant pursuant to subsection

2-21 3; and

2-22 (d) The grant is denied for lack of money in the account after:

2-23 (1) The state engineer requests an allocation from the contingency

2-24 fund pursuant to subsection 4 of NRS 532.230; and

2-25 (2) An allocation from the contingency fund is not made within 90

2-26 days after the request is made.

2-27 The immunity provided in subsection 4 applies to any action taken

2-28 without a permit by a state governmental entity in accordance with this

2-29 subsection. The division of state lands and the division of environmental

2-30 protection of the state department of conservation and natural resources

2-31 shall refund the application or permit fees, if any, paid by a

2-32 governmental entity to apply for permits relating to work performed

2-33 pursuant to this subsection if the grant is denied for lack of money and

2-34 the state permits are not issued for that reason.

2-35 6. If a permit is issued by the division of state lands or by the division

2-36 of environmental protection of the state department of conservation and

2-37 natural resources to a governmental entity who performs work pursuant

2-38 to subsection 5, the work performed by or on behalf of the governmental

2-39 entity pursuant to subsection 5 must be performed in accordance with the

2-40 permit or permits. If no such permit is issued, the work must be:

2-41 (a) Limited to the work for which the grant and permits were

2-42 requested; and

3-1 (b) Conducted in accordance with accepted best management

3-2 practices.

3-3 7. As used in this section, "navigable river" means a river or stream

3-4 that is used, or is susceptible of being used, in its ordinary condition for

3-5 trade or travel in the customary modes of trade or travel on rivers or

3-6 streams.

3-7 Sec. 2. NRS 532.230 is hereby amended to read as follows:

3-8 532.230 1. The account for the channel clearance, maintenance,

3-9 restoration, surveying and monumenting program is hereby created in the

3-10 state general fund.

3-11 2. The money in the account must be administered by the state engineer

3-12 and must be expended only to aid local governments in the manner

3-13 provided in NRS 532.220.

3-14 3. If the balance in the account is below $250,000, the state engineer

3-15 may request an allocation from the contingency fund pursuant to NRS

3-16 353.266, 353.268 and 353.269.

3-17 4. If the balance in the account is not sufficient to provide a grant of

3-18 money to an incorporated city, a county or a political subdivision of this

3-19 state, the state engineer shall request an allocation from the contingency

3-20 fund pursuant to NRS 353.266, 353.268 and 353.269. If an allocation

3-21 from the contingency fund is not made within 90 days after a request by

3-22 the state engineer, the incorporated city, county or political subdivision,

3-23 and its employees and agents, may conduct the work for which the grant

3-24 was requested pursuant to subsection 3 of NRS 532.220.

3-25 Sec. 3. NRS 445A.465 is hereby amended to read as follows:

3-26 445A.465 1. Except as otherwise provided in NRS 532.230 or

3-27 except as authorized by a permit issued by the department pursuant to the

3-28 provisions of NRS 445A.300 to 445A.730, inclusive, and regulations

3-29 adopted by the commission, it is unlawful for any person to:

3-30 (a) Discharge from any point source any pollutant into any waters of the

3-31 state or any treatment works.

3-32 (b) Inject fluids through a well into any waters of the state.

3-33 (c) Discharge from a point source a pollutant or inject fluids through a

3-34 well that could be carried into the waters of the state by any means.

3-35 (d) Allow a pollutant discharged from a point source or fluids injected

3-36 through a well to remain in a place where the pollutant or fluids could be

3-37 carried into the waters of the state by any means.

3-38 2. The commission shall adopt regulations which provide a simplified

3-39 procedure for approval by the department of permits that are required by

3-40 subsection 1 for work related to clearing and maintaining the channel of a

3-41 navigable river, including, without limitation, dredging or filling, bank

3-42 stabilization or restoration, channel clearance, construction of irrigation

3-43 diversions or the clearance of vegetation, debris or temporary obstructions.

4-1 The regulations must include a limitation on the time allowed for the

4-2 processing of an application for such a permit to not more than 60 days

4-3 after receipt by the department of a completed application and any required

4-4 fees, unless the administrator determines that it is in the public interest to

4-5 hold a public hearing regarding the application and promptly notifies the

4-6 applicant of that determination.