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- 83rd Session (2025)
Assembly Bill No. 26–Committee on Natural Resources
CHAPTER..........
AN ACT relating to water; exempting the State Engineer from
liability for certain damages resulting from the performance
of certain duties; revising provisions relating to the
construction, reconstruction or alteration of a dam; exempting
certain works under the jurisdiction of the United States
Bureau of Reclamation or the United States Army Corps of
Engineers from certain requirements relating to dams;
requiring that certain applications relating to dams be made
available to the Department of Wildlife; authorizing the State
Engineer to enter certain parcels of land to access a dam or
other obstruction; revising provisions relating to the removal
of any dam, diversion works or obstruction; revising
provisions relating to the removal of certain animals
interfering with the flow of water; providing a penalty; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, the State Enginee r is authorized to regulate the
construction, reconstruction, alteration and operation of dams and other
obstructions of waterways in the State of Nevada. (NRS 532.110, 532.120, chapter
535 of NRS) Section 1 of this bill exempts the State Engineer and any assistant of
the State Engineer from liability for damages caused by certain failures of a dam or
reservoir that may occur as a result of an inspection, emergency response or
enforcement of an order or regulation by the State Engineer or his or her assistant.
Under existing law, any person proposing to construct a dam in this State must
obtain a permit from the State Engineer to appropriate, store and use the water
impounded or diverted by the proposed dam before beginning construction and,
upon obtaining or possessing such a permit, must submit, in triplicate, to the State
Engineer for approval plans and specifications for certain dams. Existing law
further: (1) authorizes the State Engineer to inspect the construction of a dam at any
time for compliance with the approved plans and specifications; (2) prohibits the
construction and use of any dam, under certain circumstances, before the approval
of plans and specifications by the State Engineer; and (3) makes it a misdemeanor
to construct or use a dam with out first obtaining such approval. (NRS 535.010)
Section 2 of this bill makes these provisions applicable to the reconstruction or
alteration of a dam. Section 2 also removes the requirement that any person
proposing to construct a dam in this State obtain a permit to appropriate, store and
use water impounded or diverted by the proposed dam before beginning
construction of the dam and instead requires any person proposing to construct,
reconstruct or alter a dam to obtain approval from the State Engineer before
beginning construction, reconstruction or alteration of the dam. Section 2 further:
(1) requires a person to submit plans and specifications to the State E ngineer for
approval if the dam is classified by the State Engineer as a high hazard or
significant hazard dam; and (2) removes the requirement that such plans and
specifications be submitted in triplicate.
Under existing law, the State Engineer is author ized to impose certain
administrative fines for, or may seek injunctive relief upon, the violation of any
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permit issued by the State Engineer relating to the construction, reconstruction or
alteration of a dam. (NRS 535.200, 535.210) Sections 8 and 9 of this bill authorize
the imposition of certain administrative fines or the seeking of injunctive relief
upon the violation of any approval issued by the State Engineer in conformity with
the removal of the requirement to obtain a permit made in section 2.
Under existing law, the State Engineer is required to file with the Board of
Wildlife Commissioners a copy of applications for approval of plans and
specifications for a new dam or for the alteration and enlargement of any dam in a
stream. (NRS 535.020) Section 3 of this bill instead requires the State Engineer to
notify the Department of Wildlife when an application for decommissioning a dam
is filed or a request for approval of plans and specifications of a new dam or for the
alteration and enlargement of any dam in a stream is submitted and to make the
application or plans and specifications available to the Department.
Under existing law, works constructed by the United States Bureau of
Reclamation or the United States Army Corps of Engineers are exempt from certain
requirements relating to dams, including requirements for the approval of plans and
specifications and inspections and safety and repair requirements. (NRS 535.010,
535.030) Sections 2 and 4 of this bill exempt any works under the jurisdictio n of
the United States Bureau of Reclamation or the United States Army Corps of
Engineers from such requirements.
Under existing law, the State Engineer or any assistant or authorized agent of
the State Engineer is authorized to enter any land, at a reaso nable hour, where a
dam or obstruction is situated to investigate and carry out the duties of the State
Engineer. (NRS 535.035) Section 5 of this bill further authorizes the State Engineer
or any assistant or authorized agent of the State Engineer to enter the land of any
parcel adjacent to where a dam or other obstruction is located as is necessary to
access the dam or other obstruction.
Under existing law, the State Engineer is authorized to order the removal of any
dam, diversion works or obstruction th at has not been legally established by certain
means. If such a dam, diversion works or obstruction is ordered removed by the
State Engineer and is not removed after the service of a 30 -day notice upon the
owner or person controlling the dam, diversion wor ks or obstruction, or an appeal
of the removal order has not been filed, the State Engineer may remove the dam,
diversion works or obstruction. (NRS 535.050) Section 6 of this bill authorizes the
State Engineer to remove a dam, diversion works or obstructi on not legally
established after providing a written, not served, copy of the 30 -day notice to the
owner of the dam, diversion works or obstruction.
Under existing law, the State Engineer is authorized to remove a beaver on
privately owned land if it is d etermined the beaver is interfering with the flow of
water to the detriment of water users and after service of a written notice on the
owner of the private land. (NRS 535.060) Section 7 of this bill requires that the
written notice be provided to the landowner and need not be served.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 535 of NRS is hereby amended by adding
thereto a new section to read as follows:
The State Engineer and any assistant of the State Engineer are
not liable for any damages caused by the partial or total failure of
a dam or reservoir as a result of any inspection, emergency
response or enforcement of an order or regulation by the State
Engineer or his or her assistant.
Sec. 2. NRS 535.010 is hereby amended to read as follows:
535.010 1. Any person proposing to construct , reconstruct
or alter a dam in this state shall, before beginning construction,
reconstruction or alteration of the dam, obtain approval from the
State Engineer . [a permit to appropriate, store and use the water to
be impounded by or diverted by the dam.]
2. Any [such] person [obtaining or possessing such a permit ]
who obtains approval from the State Engineer pursuant to
subsection 1 shall:
(a) Before constructing, reconstructing or altering in any way
any dam, notify the State Engineer thereof; and
(b) [Where the dam is ] Submit to the State Engineer for
approval plans and specifications for the construction,
reconstruction or alteration of the dam, if the dam:
(1) Is or will be 20 feet or more in height, measured from the
downstream toe to the crest of the dam [, or is] ;
(2) Is less than 20 feet in height and will impound more than
20 acre -feet of water [, submit to the State Engineer in triplicate
plans and specifications thereof for approval 30 days before
construction is to begin.] ; or
(3) Is classified by the State Engineer as a high hazard or
significant hazard dam.
3. The State Engineer shall examine [such] any plans and
specifications submitted pursuant to subsection 2 and if [the State
Engineer approves them ] approved, the State Engineer shall return
[one] a copy of the plans and specifications with such approval to
the applicant. If the State Engineer disapproves any part of the plans
and specifications the State Engineer shall return them to the
applicant for correction or revision.
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4. The construction , reconstruction, alteration and use of any
dam is prohibited before approval [of the plans and specifications ]
by the State Engineer [.] is obtained pursuant to subsection 1.
5. The State Engineer may at any time inspect or cause to be
inspected the construction , reconstruction or alteration work on a
dam while it is in progress to determine that it is being do ne in
accordance with the approved plans and specifications [.] , if
applicable.
6. [This section applies to new construction, reconstruction and
alteration of old structures.
7.] The provisions of this section relating to the approval of
plans and spe cifications and inspection of dams do not apply to
works [constructed by] under the jurisdiction of the United States
Bureau of Reclamation or the United States Army Corps of
Engineers , [;] but such federal agencies shall file duplicate plans
and specifications with the State Engineer.
[8.] 7. Any person beginning the construction , reconstruction
or alteration of any dam before notifying the State Engineer in
accordance with paragraph (a) of subsection 2 or obtaining
approval of the plans and specificat ions by the State Engineer, [or
without having given the State Engineer 30 days’ advance notice of
any proposed change, reconstruction or alteration thereof, ] if
required pursuant to paragraph (b) of subsection 2, is guilty of a
misdemeanor. Each day of vi olation of this section constitutes a
separate offense and is separately punishable.
Sec. 3. NRS 535.020 is hereby amended to read as follows:
535.020 1. Whenever an application for decommissioning a
dam is filed or a request for approval of plans and specifications for
a new dam or for the alteration and enlargement of any dam in any
stream in this state is [filed with] submitted to the State Engineer,
the State Engineer shall [file a copy of the application with ] notify
the [Board] Department of Wildlife [Commissioners.] and make
the application or plans and specifications, as applicable, available
to the Department of Wildlife.
2. In the construction of a dam, or the alteration or enlargement
of a dam, the owner shall conform with the provisions of law for the
installation of fishways over or around dams and for the protection
and preservation of fish in streams obstructed by dams.
Sec. 4. NRS 535.030 is hereby amended to read as follows:
535.030 1. The State Engineer from time to time shall:
(a) Make inspections of dams at state expense for the purpose of
determining their safety; and
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(b) Require owners to perform at their expense such wor k as
may be necessary to supply the State Engineer with information as
to the safety of such dams.
2. The owners shall perform at their expense any other work
necessary to maintenance and operation which will safeguard life
and property.
3. If at any t ime the condition of any dam becomes so
dangerous to the safety of life or property as not to permit sufficient
time for the issuance and enforcement of an order relative to the
maintenance or operation thereof, the State Engineer may, if he or
she deems it necessary, immediately employ the following remedial
measures to protect either life or property:
(a) Lower the water level by releasing water from the reservoir.
(b) Completely empty the reservoir.
(c) Take such other steps as may be essential to safeguard life
and property.
4. The provisions of this section shall not apply to works
[constructed by] under the jurisdiction of the United States Bureau
of Reclamation or the United States Army Corps of Engineers.
Sec. 5. NRS 535.035 is hereby amended to read as follows:
535.035 In addition to any inspection conducted pursuant to
NRS 535.010 or 535.030, the State Engineer or any assistant or
authorized agent of the State Engineer may enter the land of any
owner or proprietor where any dam or other obstruction is [situated]
located, and any adjacent parcel of land as is necessary to access
the dam or other obstruction, at any reasonable hour of the day to
investigate and carry out the duties of the State Engineer pursuant to
this chapter.
Sec. 6. NRS 535.050 is hereby amended to read as follows:
535.050 1. The State Engineer has the right, power and
authority to order the removal of any dam, diversion works or
obstruction that [has bee n placed in any stream channel or
watercourse when the dam, diversion works or obstruction ] has not
been legally established and recognized through a valid claim of
vested right, by decree of court or [by a permit issued] approved by
the State of Nevada [.] in accordance with the provisions of this
section.
2. Nothing in this section is to be construed as giving the State
Engineer any right or authority to remove any dam or diversion
works that has been so legally recognized and established.
3. If the d am, diversion works or obstruction has not been
removed after 30 days’ notice in writing given by the State Engineer
[and served upon ] to the owner [or person controlling ] of the dam,
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diversion works or obstruction, or if no appeal has been taken from
the order of the State Engineer as is provided for in NRS 533.450,
then the State Engineer may remove the dam, diversion works or
obstruction.
4. The State Engineer shall charge the actual cost of [that] the
removal of the dam, diversion works or obstruction to the water
distribution account and thereafter present an itemized statement of
the charge to the board of county commissioners of the county
wherein those expenses were incurred. The board of county
commissioners shall thereupon present a bill for the expenses to the
person liable therefor under this section, and if that person neglects
for 30 days thereafter to pay it, the bill and costs become a lien upon
the lands and property of the person so liable for the payment of the
bill, and must be collected as delinquent taxes against the lands and
property are collected.
Sec. 7. NRS 535.060 is hereby amended to read as follows:
535.060 1. On any stream system and its tributaries in this
state the distribution of the water s of which are vested in the State
Engineer by law or the final decree of court, where beaver, by the
construction of dams or otherwise, are found to be interfering with
the lawful and necessary distribution of water to the proper users
thereof, the State Engineer, upon complaint of any interested water
user, shall investigate or cause the investigation of the matter.
2. The State Engineer and his or her assistants and water
commissioners and the Department of Wildlife and its agents may
enter upon privately owned lands for the purposes of investigating
the conditions complained of and the removal and trapping of
beaver.
3. If satisfied that such beaver are interfering with the flow of
water to the detriment of water users, the State Engineer shall
[serve] provide a written notice [on] to the owner of the land, if it is
privately owned, stating:
(a) That the beaver thereon are interfering with or stopping the
flow of water necessary for the proper serving of water rights; and
(b) That unless, with in 10 days from receipt of the notice,
written objection to the removal of such beaver is filed with the
State Engineer by the landowner, the Department of Wildlife will
remove such beaver or as many thereof as will rectify the existing
conditions.
4. Failure of the landowner to file such written objections shall
be deemed a waiver thereof. Upon receipt of written objections, the
State Engineer may make further investigation and may sustain or
overrule the objections as the facts warrant. Upon the overrul ing of
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the objections, the landowner may have them reviewed by the
district court having jurisdiction of the land by filing therein a
petition for review within 10 days from the receipt of the order of
the State Engineer overruling the objections. The proceedings on the
petition must be informal and heard by the court at the earliest
possible moment.
5. Upon the landowner’s waiver of objections to the removal of
beaver from his or her land, or upon final determination by the court
that the beaver should b e removed, the State Engineer shall
immediately notify the Department of Wildlife of the waiver or
determination and the Department or its agents shall enter upon the
land from which the beaver are to be removed and remove them or
as many as may be necessa ry to prevent the improper flow of water
as directed by the State Engineer.
6. The State Engineer may remove or cause the removal of any
beaver dam found to be obstructing the proper and necessary flow of
water to the detriment of water users.
Sec. 8. NRS 535.200 is hereby amended to read as follows:
535.200 1. In addition to any other penalty provided by law,
the State Engineer may, after notice and opportunity for a hearing,
require a person who violates any provision of this chapter, any
[permit,] approval, order or decision issued by the State Engineer
pursuant to this chapter or any regulation adopted by the State
Engineer pursuant to NRS 532.120 to pay an administrative fine not
to exceed $10,000 per day for each violation as determined by the
State Engineer.
2. If an administrative fine is imposed against a person
pursuant to subsection 1, the State Engineer may require the person
to pay the costs of the proceeding, including investigative costs and
attorney’s fees.
3. An order imposing an administrative fine or requiring the
payment of costs or fees pursuant to this section may be reviewed
by a district court pursuant to NRS 533.450.
Sec. 9. NRS 535.210 is hereby amended to read as follows:
535.210 1. The State Engineer may seek injunctive relief in
the appropriate court to prevent the continuance or occurrence of
any act or practice which violates any provision of this chapter, any
[permit,] approval, order or decision issue d by the State Engineer
pursuant to this chapter or any regulation adopted by the State
Engineer pursuant to NRS 532.120.
2. On a showing by the State Engineer that a person is
engaged, or is about to engage, in any act or practice which violates
or will violate any provision of this chapter, any [permit,] approval,
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order or decision issued by the State Engineer pursuant to this
chapter or any regulation adopted by the State Engineer pursuant to
NRS 532.120, the court may issue, without a bond, any prohib itory
or mandatory injunction that the facts may warrant, including a
temporary restraining order issued ex parte or, after notice and
hearing, a preliminary or permanent injunction.
3. Failure to establish lack of an adequate remedy at law or
irreparable harm is not a ground for denying a request for a
temporary restraining order or injunction.
4. The court may require the posting of a sufficient
performance bond or other security to ensure compliance with the
court order within the period prescribed.
5. Any proceeding conducted or injunction or order issued
pursuant to this section is in addition to, and not in lieu of, any other
penalty or remedy available for a violation of this chapter.
Sec. 10. This act becomes effective upon passage and
approval.
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