(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 267–Committee on Natural Resources

 

(On Behalf of Southern Nevada Regional Planning Coalition)

 

March 1, 2001

____________

 

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.

 

~

 

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; 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. Chapter 543 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  The district’s chief engineer or any governmental entity may

1-4  propose an amendment to the district’s master plan to allow the

1-5  expenditure or provision of money pursuant to subsection 6 of NRS

1-6  543.360. The proposed amendment must be submitted to the district.

1-7    2.  Upon receipt of an amendment proposed pursuant to subsection 1,

1-8  the board shall determine whether it:

1-9    (a) Is consistent with the general principles set forth in subsection 3 of

1-10  NRS 543.590 for the master plan;

1-11    (b) Is the most cost-effective structural or regulatory means of

1-12  protecting structures from flood waters of the district; and

1-13    (c) Does not adversely affect the continued implementation of the

1-14  master plan.

1-15    3.  If the board determines that the proposed amendment meets the

1-16  requirements of subsection 2, the board shall hold a public hearing to

1-17  consider the adoption of the amendment. The board may adopt a

1-18  proposed amendment to the district’s master plan with the approval of

1-19  two-thirds of the members voting on the proposed amendment.

2-1    4.  The board shall file a copy of any amendment adopted by it with

2-2  the governing body of each local government whose jurisdiction includes

2-3  a hydrographic area affected by the adopted amendment.

2-4    5.  Except as otherwise provided in subsection 6, upon receipt of an

2-5  amendment, the governing body of each local government affected shall

2-6  hold a public hearing to consider the adoption of the proposed

2-7  amendment as a component of its comprehensive master plan pursuant

2-8  to chapter 278 of NRS. If the governing bodies of each local government

2-9  whose jurisdiction includes a hydrographic area affected by the

2-10  amendment to the district’s master plan approve the proposed

2-11  amendment, it becomes effective.

2-12    6.  If a proposed amendment to the master plan is adopted

2-13  unanimously by the board, and by the governing body of the local

2-14  government in whose jurisdiction the project will be located, after a

2-15  public hearing by each, the amendment becomes effective and no other

2-16  hearing or approval is required by any other board or commission,

2-17  including those responsible for decisions relating to planning or zoning.

2-18    Sec. 2.  NRS 543.180 is hereby amended to read as follows:

2-19    543.180  As used in NRS 543.170 to 543.830, inclusive, and section 1

2-20  of this act, unless the context otherwise requires, the words and terms

2-21  defined in NRS 543.181 to 543.188, inclusive, have the meanings ascribed

2-22  to them in those sections.

2-23    Sec. 3. NRS 543.360 is hereby amended to read as follows:

2-24    543.360  The board may:

2-25    1.  By the affirmative vote of two-thirds of the members voting on the

2-26  matter, acquire, construct, improve, extend, maintain and operate:

2-27    (a) Projects and improvements for the control of flood and storm waters

2-28  of the district and the flood and storm waters of streams which have their

2-29  sources outside of the district but flow into the district. [Such] Except as

2-30  otherwise provided in subsection 7, such a project or improvement must

2-31  not be acquired unless it is included in the master plan.

2-32    (b) Projects which mitigate the adverse effect of the acquired projects.

2-33    (c) Projects which are required as a result of the proposed alteration or

2-34  diversion of a natural watercourse identified in the master plan for the

2-35  control of drainage.

2-36  A project or improvement must not be acquired unless it is first approved

2-37  by an agreement among the board, each county in whose unincorporated

2-38  area any part of the project or improvement is located and each city in

2-39  which any part of the project or improvement is located. The agreement

2-40  must contain an estimate of the cost of the project or improvement and

2-41  show its relation to the master plan.

2-42    2.  Conserve such waters for beneficial and useful purposes by

2-43  spreading, storing, retaining and causing them to percolate into the soil

2-44  within or without the district.

2-45    3.  Save and conserve in any manner all or any of such waters and

2-46  protect from floods or storm waters the watercourses, watersheds, public

2-47  highways, life and property in the district.

2-48    4.  Prevent waste of water or diminution of the water supply in, or the

2-49  exportation of water from, the district.

3-1    5.  Obtain, retain and reclaim drainage, storm, flood and other waters

3-2  for beneficial use of the district.

3-3    6.  Upon approval of an amendment to the district’s master plan

3-4  pursuant to section 1 of this act, expend or provide money:

3-5    (a) To make public property or private property, or both, impervious

3-6  or resistant to damage from floods.

3-7    (b) To relocate public or private structures, or both, which are located

3-8  in an area that is susceptible to flooding.

3-9    7.  Expend or provide money for the acquisition of a local project or

3-10  improvement for the control of drainage which is not included in the

3-11  master plan if the district’s chief engineer determines that:

3-12    (a) The governmental entity requesting the project or improvement

3-13  has established:

3-14      (1) A procedure to allow persons within its jurisdiction to file

3-15  complaints concerning the program for controlling floods within its

3-16  jurisdiction;

3-17      (2) A master plan for its local drainage system which identifies the

3-18  project or improvement; and

3-19      (3) Guidelines for implementing drainage projects and

3-20  improvements within its jurisdiction; and

3-21    (b) The local project or improvement is a necessary appurtenance to

3-22  collect and deliver flows to allow a project or improvement that is

3-23  included in the district’s master plan to function in the manner

3-24  intended.

3-25  If the local project or improvement is one-quarter mile or more from a

3-26  regional facility, the district may not contribute more than 50 percent of

3-27  the cost of the project or improvement. The district may appropriate not

3-28  more than 3 percent of its revenues in any fiscal year to projects

3-29  approved pursuant to this subsection. Money that is provided pursuant to

3-30  this subsection but not expended in a fiscal year may be expended in the

3-31  following fiscal year.

3-32    Sec. 4.  NRS 543.597 is hereby amended to read as follows:

3-33    543.597  1.  The district’s chief engineer or any governmental entity

3-34  may propose to:

3-35    (a) Change the size, type or alignment of a facility on the district’s

3-36  master plan; or

3-37    (b) Amend the district’s master plan. A proposed amendment must be

3-38  submitted to the district.

3-39    2.  Upon receipt of a change proposed pursuant to paragraph (a) of

3-40  subsection 1, the board shall hold a public hearing to consider the adoption

3-41  of the change. With the approval of two-thirds of the members voting on

3-42  the proposed change, the board may adopt any proposed change which:

3-43    (a) Is consistent with the general principles set forth in subsection 3 of

3-44  NRS 543.590 for the master plan;

3-45    (b) Is hydraulically similar to a proposed facility included in the master

3-46  plan;

3-47    (c) Is the most cost-effective structural or regulatory means of

3-48  controlling flood waters of the district; and

4-1    (d) Does not adversely affect the continued implementation of the

4-2  master plan.

4-3    3.  Upon receipt of an amendment proposed pursuant to paragraph (b)

4-4  of subsection 1, the board shall determine whether the proposed

4-5  amendment is consistent with the general principles set forth in subsection

4-6  3 of NRS 543.590 for the master plan. If the proposed amendment is

4-7  determined to be generally consistent with those principles, the board shall

4-8  hold a public hearing to consider the adoption of the proposed amendment.

4-9  The board may adopt a proposed amendment to the district’s master plan

4-10  with the approval of two-thirds of the members voting on the proposed

4-11  amendment.

4-12    4.  The board shall file a copy of any amendment or change adopted by

4-13  it with the governing body of each local government whose jurisdiction

4-14  includes a hydrographic area affected by the adopted amendment or

4-15  change.

4-16    5.  Except as otherwise provided in subsection 6, upon receipt of an

4-17  amendment, the governing body of each local government affected shall

4-18  hold a public hearing to consider the adoption of the proposed amendment

4-19  as a component of its comprehensive master plan pursuant to chapter 278

4-20  of NRS. If the governing bodies of each local government whose

4-21  jurisdiction includes a hydrographic area affected by the amendment to the

4-22  district’s master plan approve the proposed amendment, it becomes

4-23  effective.

4-24    6.  If a proposed amendment to the master plan is adopted unanimously

4-25  by the board, and by the governing body of the local government in whose

4-26  jurisdiction will be located the structures necessary to carry out the

4-27  purposes of the amendment, after a public hearing by each, the amendment

4-28  becomes effective and no other hearing or approval is required by any

4-29  other board or commission, including those responsible for decisions

4-30  relating to planning or zoning.

4-31    7.  The provisions of this section do not apply to an amendment of a

4-32  master plan pursuant to section 1 of this act.

 

4-33  H