Senate Bill No. 267–Committee on Natural Resources

 

(On Behalf of Southern Nevada Regional Planning Coalition)

 

March 1, 2001

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Referred to Committee on Natural Resources

 

SUMMARY—Makes various changes regarding flood control and local drainage. (BDR 48‑1117)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the control of floods; authorizing the board of directors of a district for the control of floods to expend or provide money to protect public and private property from flooding; authorizing such a board to expend or provide money for the acquisition of certain local projects and improvements for the control of drainage; requiring that flood control facilities constructed by state agencies be constructed in compliance with the applicable master plan for control of floods; 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 543.360 is hereby amended to read as follows:

1-2    543.360  The board may:

1-3    1.  By the affirmative vote of two-thirds of the members voting on the

1-4  matter, acquire, construct, improve, extend, maintain and operate:

1-5    (a) Projects and improvements for the control of flood and storm waters

1-6  of the district and the flood and storm waters of streams which have their

1-7  sources outside of the district but flow into the district. [Such] Except as

1-8  otherwise provided in paragraph (c) of subsection 6, such a project or

1-9  improvement must not be acquired unless it is included in the master plan.

1-10    (b) Projects which mitigate the adverse effect of the acquired projects.

1-11    (c) Projects which are required as a result of the proposed alteration or

1-12  diversion of a natural watercourse identified in the master plan for the

1-13  control of drainage.

1-14  A project or improvement must not be acquired unless it is first approved

1-15  by an agreement among the board, each county in whose unincorporated

1-16  area any part of the project or improvement is located and each city in

1-17  which any part of the project or improvement is located. The agreement

2-1  must contain an estimate of the cost of the project or improvement and

2-2  show its relation to the master plan.

2-3    2.  Conserve such waters for beneficial and useful purposes by

2-4  spreading, storing, retaining and causing them to percolate into the soil

2-5  within or without the district.

2-6    3.  Save and conserve in any manner all or any of such waters and

2-7  protect from floods or storm waters the watercourses, watersheds, public

2-8  highways, life and property in the district.

2-9    4.  Prevent waste of water or diminution of the water supply in, or the

2-10  exportation of water from, the district.

2-11    5.  Obtain, retain and reclaim drainage, storm, flood and other waters

2-12  for beneficial use of the district.

2-13    6.  Expend or provide money:

2-14    (a) To make public property or private property, or both, impervious

2-15  or resistant to damage from floods.

2-16    (b) To relocate public or private structures, or both, which are located

2-17  in an area that is susceptible to flooding.

2-18    (c) For the acquisition of a local project or improvement for the

2-19  control of drainage which is not included in the master plan if the board

2-20  determines that such a local project or improvement is a necessary

2-21  appurtenance to collect and deliver flows to allow a project or

2-22  improvement that is included in the master plan to function in the

2-23  manner intended.

2-24    Sec. 2.  NRS 543.547 is hereby amended to read as follows:

2-25    543.547  [1.] Flood control facilities constructed by local

2-26  governments and state agencies must be constructed in compliance with

2-27  the master plan. Local governments and state agencies may request an

2-28  amendment to the master plan pursuant to NRS 543.597.

2-29    [2.  State agencies shall consider the master plan when planning and

2-30  designing their flood control facilities. Whenever practicable, state

2-31  agencies shall comply with the master plan.]

2-32    Sec. 3.  1.  This section and section 1 of this act become effective

2-33  upon passage and approval.

2-34    2.  Section 2 of this act becomes effective on October 1, 2001.

 

2-35  H