2005 Nevada Revised Statutes - Chapter 416 — Emergencies Concerning Water or Energy
CHAPTER 416 - EMERGENCIES CONCERNING WATEROR ENERGY
NRS 416.010 Purposeof chapter.
NRS 416.020 Definitions.
NRS 416.030 Powersof Governor.
NRS 416.040 Additionalpowers of Governor.
NRS 416.050 Proclamationof emergency: Determination by Governor; notice and hearing in area affected;filing.
NRS 416.060 Powersof Governor upon proclamation of emergency.
NRS 416.070 Confidentialityof information furnished at request of Governor; protective order; penalty fordisclosure.
NRS 416.080 Variancefrom regulation or order: Procedures for application and hearing; judicialreview.
NRS 416.090 Filingnotice of official action; period of effectiveness of official action; issuanceof new declaration of emergency related to water or energy.
NRS 416.100 Penaltiesfor violation of regulation or order.
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NRS
1. Carry out as necessary, national water and energypolicies under federal water and energy laws;
2. Maintain vital services necessary for the peace,health, safety and welfare of the people of this state;
3. Promote the most efficient use of water and energy;
4. Lessen adverse impacts upon employment in and theeconomy and environment of this state;
5. Ensure to the extent reasonably possible equitabletreatment of all regions of the State and all sectors of the economy,consistent with other necessary considerations; and
6. Promote and protect the interests of this state inthe course of decisions to be made and actions to be taken under federal waterand energy laws.
(Added to NRS by 1977, 548)
NRS
1. Energy means energy derived from crude oil,residual fuel oil, refined petroleum products, coal, natural and artificialgas, propane and electricity.
2. Regulation includes every rule, standard,directive or statement of general applicability that carries out or interpretslaw or policy or describes the organization, procedure or practice requirementsof any state agency or political subdivision of the State.
3. State agency means every public agency, bureau,board, commission, department, division, officer or employee of the ExecutiveDepartment of State Government.
(Added to NRS by 1977, 549)
NRS
1. Collect and compile information concerning current,past and future sources, users and supplies of water and energy in this state.
2. Devise contingency plans that provide forconserving, allocating, using, increasing the supply or taking whatever stepsare necessary to prevent a water or energy emergency, or in the event of awater or energy emergency, to ensure the fairest and most advantageous use ofwater or energy or of any water or energy source or supply for the benefit ofall the people of this state.
3. Prepare reports explaining the purposes and projectedeconomic impact of the proposed contingency plans and indicating those areas inwhich the plans are inconsistent with any existing rule, order, plan orregulation of any state agency or political subdivision of the State.
4. Serve as liaison with the Federal Government andother states on water and energy matters.
5. Keep current information on all requirements,alternatives and other existing and proposed actions and policies of theFederal Government concerning water and energy.
(Added to NRS by 1977, 549)
NRS
1. Request any state agency or political subdivisionof the State to supply any information in its possession or readily accessibleto it concerning the use, supply, source, allocation or distribution of wateror energy.
2. Request any business, industry, trade associationor other organization or person doing business or representing persons doingbusiness in this state to supply any information in their possession or thatcan reasonably be assumed to be readily accessible to them concerning the use,supply, source, allocation or distribution of water or energy.
3. Issue a subpoena to any officer or agent of anysuch public or private entity to appear before him and give oral testimony orproduce any relevant book, paper, account, memorandum or record as wasrequested under subsection 1 or 2 and as may be necessary to deal with anyactual or impending water or energy emergency in this state.
4. Enter into contracts for consulting or otherservices and take any other actions as are necessary to carry out the purposesof this chapter.
(Added to NRS by 1977, 549)
NRS
1. The Governor may, by proclamation, declare a wateror energy emergency, or impending water or energy emergency, whenever hedetermines that:
(a) The President of the United States or Congress hasdeclared that an actual or impending water or energy emergency exists in thisstate or elsewhere in the United States; or
(b) The health, safety or welfare of the citizens ofthis state is threatened by reason of an actual or impending acute shortage inusable water or energy resources. A determination under this paragraph shallnot be made unless reasonable notice and an opportunity for a hearing isafforded the citizens in the geographical area of the State affected.
2. A copy of the proclamation shall be filed with theSecretary of State.
(Added to NRS by 1977, 550)
NRS
1. Issue, amend or rescind any regulation or orderdesigned to alleviate or manage in an orderly manner the water or energyemergency including without limitation the regulation as necessary of theallocation, conservation or use of water or energy during the emergency. Anyregulation or order so issued or amended has the full force of law within thegeographical area specified in the proclamation.
2. Amend or suspend any regulation of any state agencyor political subdivision of the State if the Governor determines that theaction is necessary to lessen the adverse impact of the water or energyemergency on the people of this state.
3. Utilize the services, equipment, supplies andfacilities of any state agency or political subdivision of the State to thegreatest extent practicable and necessary to meet the water or energyemergency. The officers and employees of all state agencies and political subdivisionsof the State shall cooperate with and extend such services and facilities tothe Governor upon request.
(Added to NRS by 1977, 550)
NRS
1. Any information furnished under
2. The Governor shall not make known in any manner anyparticulars of the information to any person other than those he designates inwriting as having a need to know such information.
3. No subpoena or other judicial order may be issuedcompelling the Governor or any other person to divulge or make known theconfidential information, except when the information is relevant toproceedings under subsection 6.
4. Nothing in this section prohibits use ofconfidential information to prepare statistics or other general data forpublication in such a manner that the identity of particular persons orbusiness establishments is protected.
5. Any person or business establishment who is servedwith a subpoena to give oral testimony or to produce any book, paper,correspondence, memorandum, account, agreements or other document or recordpursuant to this chapter may apply to any district court for a protective orderas provided by Rule 26 of the Nevada Rules of Civil Procedure.
6. In addition to any other penalties provided by law,a person who willfully discloses confidential information in violation of thissection is subject to removal from office or immediate dismissal from publicemployment.
(Added to NRS by 1977, 550)
NRS
1. If the Governor issues a proclamation of a water orenergy emergency under this chapter, he shall adopt procedures by which anyperson directly affected may, for good cause, apply for a partial or totalvariance from any regulation or order issued pursuant to
2. In adopting these procedures, the Governor maydesignate an appropriate state administrative agency to conduct a hearing oneach application, receive sworn testimony, issue subpoenas for witnesses,books, papers or other documents or records considered relevant for the properdisposition of the application, and to issue decisions after a hearing on eachapplication.
3. A person aggrieved by a final decision under thissection is entitled to judicial review of the decision in the manner providedby law for the review of the decisions of administrative agencies in contestedcases.
(Added to NRS by 1977, 551; A 1985, 289)
NRS
1. Notice of any official action taken by the Governorpursuant to NRS 416.050 or subsection 1or 2 of NRS 416.060, including aproclamation of a water or energy emergency or the issuance, amendment,suspension or rescission of any regulation or order, shall be filed with theSecretary of State.
2. The official action shall be effective for a periodof not more than 120 days after the date of filing unless the action isrescinded by the Governor before such expiration date.
3. The Governor shall cause widespread publicity to begiven to the filing of the notice of official action.
4. Nothing in this section prohibits the Governor fromissuing a new declaration of a water or energy emergency upon the expiration ofa prior declaration when such an emergency or the threat of an imminentemergency continues to exist.
(Added to NRS by 1977, 551)
NRS
1. Any person who violates any regulation or orderissued by the Governor pursuant to this chapter is guilty of a misdemeanor.
2. In addition to any other penalties which may beimposed pursuant to this section, any person who violates any such regulationor order issued by the Governor is liable for a civil penalty of not more than$1,000.
3. Each day of violation shall be considered aseparate offense.
(Added to NRS by 1977, 551)
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