2005 Nevada Revised Statutes - Chapter 532 — State Engineer

Title 48 - WATER

CHAPTER 532 - STATE ENGINEER

NRS 532.010 Officecreated.

NRS 532.020 Appointment.

NRS 532.030 Qualifications.

NRS 532.040 Oath.

NRS 532.060 Classification;restrictions on other employment.

NRS 532.070 Office:Location; hours.

NRS 532.080 Seal.

NRS 532.090 Appointmentof technical, clerical and operational staff; persons appointed to conduct snowsurveys exempted from state personnel system.

NRS 532.100 Expenses.

NRS 532.110 Generalduties.

NRS 532.120 Rulesand regulations; rules governing contests.

NRS 532.130 Powerto administer oaths.

NRS 532.140 Reports.

NRS 532.150 Records:Public inspection; certified copies as evidence.

NRS 532.160 Dutiesof Attorney General and district attorneys.

NRS 532.165 Duties:Studies and inventories; review of governmental proposals for control of floodsand development of water; program to map water rights.

NRS 532.170 Agreementsconcerning use and development of water resources.

NRS 532.175 Agreementsconcerning cooperative management of groundwater basins shared between states.

NRS 532.180 Cooperationwith United States and California relative to waters of Lake Tahoe and adjacentareas.

NRS 532.200 AdjudicationEmergency Account.

NRS 532.210 WaterDistribution Revolving Account.

NRS 532.220 ChannelClearance, Maintenance, Restoration, Surveying and Monumenting Program:Establishment; purpose; grant qualification; immunity of state and localgovernments; refund of certain fees; certain permits not to be denied for lackof money.

NRS 532.230 Accountfor Channel Clearance, Maintenance, Restoration, Surveying and MonumentingProgram: Creation; administration and expenditure of money; maintenance ofbalance.

_________

NRS 532.010 Officecreated. The Office of the State Engineer ishereby created.

[Part 1:108:1919; A 1949, 450; 1943 NCL 7390]

NRS 532.020 Appointment. The State Engineer is appointed by and responsible to theDirector of the State Department of Conservation and Natural Resources.

[Part 1:108:1919; A 1949, 450; 1943 NCL 7390](NRSA 1957, 652; 1987, 1311)

NRS 532.030 Qualifications. No person may be appointed as State Engineer who is not alicensed professional engineer pursuant to the provisions of chapter 625 of NRS and who does not have such trainingin hydraulic and general engineering and such practical skill and experience asshall fit him for the position.

[Part 1:108:1919; A 1949, 450; 1943 NCL 7390](NRSA 1997, 1069)

NRS 532.040 Oath. Before entering upon the duties of his office, the StateEngineer shall take and subscribe to an official oath, such as is provided bylaw for state officers, before a person authorized by the law of this State toadminister oaths.

[12:140:1913; 1919 RL p. 3227; NCL 7900](NRS A1959, 552; 1975, 347)

NRS 532.060 Classification;restrictions on other employment.

1. The State Engineer is in the unclassified serviceof the State.

2. Except as otherwise provided in NRS 284.143, he shall devote his entiretime and attention to the business of his office and shall not pursue any otherbusiness or occupation or hold any other office of profit.

[31:295:1953; A 1955, 525](NRS A 1959, 552; 1960,396; 1964, 2; 1965, 706; 1967, 1501; 1971, 1440; 1981, 1283; 1995, 2316)

NRS 532.070 Office:Location; hours.

1. The State Engineer shall keep his office at theState Capital.

2. The State Engineer shall keep his office open tothe public on the days and during the hours established pursuant to NRS 281.110.

[17:140:1913; A 1949, 102; 1943 NCL 7904] + [Part1:108:1919; A 1949, 450; 1943 NCL 7390](NRS A 2003, 1452)

NRS 532.080 Seal.

1. The State Engineer is empowered and directed toprocure for his office a seal upon which shall appear his official title andsuch other suitable inscription as he may deem proper.

2. The seal shall be affixed to all official permits,certificates and other documents issued by him under the provisions of law.

[74:140:1913; 1919 RL p. 3244; NCL 7960]

NRS 532.090 Appointmentof technical, clerical and operational staff; persons appointed to conduct snowsurveys exempted from state personnel system.

1. The State Engineer may, with the consent of theDirector of the State Department of Conservation and Natural Resources, appointsuch technical, clerical and operational staff as the execution of his dutiesand the operation of the Division may require.

2. Snow survey personnel appointed for the purposes ofNRS 532.170 are exempt from theprovisions of chapter 284 of NRS.

[Part 2:108:1919; A 1929, 143; 1949, 450; 1943 NCL 7391](NRS A 1957, 653; 1959, 552; 1963, 71; 1985, 434)

NRS 532.100 Expenses. The State Engineer may purchase such material and incursuch expenses for traveling and other purposes as may be necessary for theproper conduct and maintenance of his office, to be paid from the moneys whichmay be appropriated for such purposes from time to time, as other state claimsare paid.

[Part 2:108:1919; A 1929, 143; 1949, 450; 1943 NCL 7391]

NRS 532.110 Generalduties. The State Engineer shall perform suchduties as are or may be prescribed by law and the Director of the StateDepartment of Conservation and Natural Resources.

[Part 2:108:1919; A 1929, 143; 1949, 450; 1943 NCL 7391](NRS A 1957, 653)

NRS 532.120 Rulesand regulations; rules governing contests.

1. The State Engineer is empowered to make suchreasonable rules and regulations as may be necessary for the proper and orderlyexecution of the powers conferred by law.

2. The State Engineer shall have power to make rules,not in conflict with law, governing the practice and procedure in all contestsbefore his office, to insure the proper and orderly exercise of the powersgranted by law, and the speedy accomplishment of the purposes of chapter 533 of NRS. Such rules of practice andprocedure shall be furnished to any person upon application therefor.

[31:140:1913; 1919 RL p. 3232; NCL 7918] +[86:140:1913; 1919 RL p. 3248; NCL 7972]

NRS 532.130 Powerto administer oaths. The State Engineer andhis authorized assistants may administer such oaths as may be necessary in theperformance of their official duties.

[16:140:1913; 1919 RL p. 3227; NCL 7903]

NRS 532.140 Reports. The State Engineer shall prepare and deliver to theDirector of the State Department of Conservation and Natural Resources at suchtimes as may be required by the Director, a full report of the work of hisoffice, including a detailed statement of the expenditures thereof, with suchrecommendations as he may deem advisable.

[14:140:1913; 1919 RL p. 3227; NCL 7901](NRS A1959, 552)

NRS 532.150 Records:Public inspection; certified copies as evidence.

1. The records of the office of the State Engineer arepublic records and shall remain on file in his office and be open to theinspection of the public at all times during business hours.

2. Such records shall show in full all maps, profilesand engineering data relating to the use of water.

3. Certified copies thereof shall be admissible asevidence in all cases where the original would be admissible as evidence.

[15:140:1913; 1919 RL p. 3227; NCL 7902]

NRS 532.160 Dutiesof Attorney General and district attorneys. TheAttorney General and the district attorney of the county in which legalquestions arise shall be the legal advisers of the State Engineer and shallperform any and all legal duties necessary in connection with their workwithout any further compensation than their salaries fixed by law.

[78:140:1913; 1919 RL p. 3246; NCL 7964]

NRS 532.165 Duties:Studies and inventories; review of governmental proposals for control of floodsand development of water; program to map water rights.The State Engineer shall:

1. Conduct necessary studies and inventories.

2. Review and evaluate proposals by federal, state andlocal agencies for flood control and water development projects to ensure thatsuch proposals are compatible with the state water resource plan and are incompliance with Nevada water laws.

3. Within the limits of legislative appropriations,implement a program to map water rights statewide on a geographic informationsystem.

(Added to NRS by 1969, 239; A 1977, 1171; 1995, 2685)

NRS 532.170 Agreementsconcerning use and development of water resources.

1. Subject to the provisions of subsection 2 and withthe approval of the Director of the State Department of Conservation andNatural Resources, the State Engineer, for and on behalf of the State ofNevada, is authorized to enter into agreements with the United States GeologicalSurvey, the United States Soil Conservation Service, and any state agency,subdivision or institution having jurisdiction in such matters, for cooperationin making stream measurements, underground water studies, snow surveys, or anyinvestigations related to the development and use of the water resources ofNevada.

2. The expenses of such investigations and surveysshall be divided between the parties upon an equitable basis.

[1:117:1945; 1943 NCL 8259](NRS A 1959, 553)

NRS 532.175 Agreementsconcerning cooperative management of groundwater basins shared between states. The State Engineer, after a public hearing on the issueand with the approval of the Director of the State Department of Conservationand Natural Resources, for and on behalf of the State of Nevada, is authorizedto enter into agreements with neighboring states or their political subdivisionsconcerning cooperative management of groundwater basins shared between thestates.

(Added to NRS by 1991, 108)

NRS 532.180 Cooperationwith United States and California relative to waters of Lake Tahoe and adjacentareas. With the approval of the Director ofthe State Department of Conservation and Natural Resources, the State Engineer,for and on behalf of the State of Nevada, is authorized to cooperate with theUnited States Government and the State of California in making a study of thevarious problems pertaining to the future needs and uses of the waters of LakeTahoe in the area adjacent thereto, and, if it appears that at some futureperiod there may be a shortage of water, to study ways and means of developinga supplemental water supply so that the development of the area will not beimpeded and existing water rights not jeopardized.

[1:173:1947; 1943 NCL 7392.04](NRS A 1959, 553)

NRS 532.200 AdjudicationEmergency Account.

1. For the purpose of advancing and paying forstenographic work and transcripts required by law or order of court, or for thecosts, witness fees or expenses incurred by or upon the authority of the AttorneyGeneral and the State Engineer in any litigation affecting any order ofdetermination adjudicating the waters of any system of streams in this state,there is hereby created the Adjudication Emergency Account in the State GeneralFund. All money returned pursuant to subsection 3 and NRS 533.190 until those returns total anamount determined by the State Board of Examiners must be deposited in thisAccount, and thereafter the Account must be maintained for the purposesdesignated in this section. If the balance in the Account exceeds the amountdetermined by the State Board of Examiners, that portion of the balance in theAccount which exceeds the amount determined by the State Board of Examinersmust be deposited in the State General Fund. If the balance in the Account isbelow the amount determined by the State Board of Examiners, the State Engineermay request an allocation from the Contingency Fund pursuant to NRS 353.266, 353.268 and 353.269.

2. No part of the Account may be used in the paymentof attorneys fees.

3. The State of Nevada shall recover all costs paid oradvanced pursuant to the provisions of this section, and the money recoveredmust be placed in the Account.

4. All expenditures from the Account must be paid asother claims against the State are paid.

[1:136:1927; NCL 8251] + [2:136:1927; NCL 8252] +[3:136:1927; NCL 8253](NRS A 1979, 114; 1985, 720; 1991, 1781; 2001, 2774)

NRS 532.210 WaterDistribution Revolving Account.

1. The fund created pursuant to the provisions ofchapter 232, Statutes of Nevada 1931, and chapter 23, Statutes of Nevada 1943,is hereby continued as a revolving account within the State General Fund, forthe purposes set forth in NRS 533.270 to533.295, inclusive, and for the purposesset forth in the provisions of chapters 534, 535 and 536 ofNRS pertaining to the conservation and distribution of waters.

2. The money in the Water Distribution RevolvingAccount may be used for:

(a) The payment of state water commissioners andassistant state water commissioners salaries and expenses.

(b) The payment of salaries and expenses of otheremployees engaged in the work of the distribution of waters or streams that aredirectly under the supervision of the State Engineer.

(c) The payment of expenses necessarily incurred by thestate water commissioners in the distribution of water.

3. The money in the Water Distribution RevolvingAccount, or so much thereof as is necessary, may be used by the State Engineerfor the uses and purposes of, and in the administration of the provisions of, chapter 534 of NRS pertaining to the conservationand distribution of underground waters.

[1:232:1931; A 1943, 34; 1943 NCL 8255] +[2:232:1931; A 1943, 34; 1943 NCL 8255.01](NRS A 1979, 666; 1991, 1781)

NRS 532.220 ChannelClearance, Maintenance, Restoration, Surveying and Monumenting Program:Establishment; purpose; grant qualification; immunity of state and localgovernments; refund of certain fees; certain permits not to be denied for lackof money.

1. The Channel Clearance, Maintenance,Restoration, Surveying and Monumenting Program is hereby established and mustbe administered by the State Engineer.

2. This Program is to aid local governments in thisstate in the clearance, maintenance, restoration, surveying and monumenting ofnavigable rivers.

3. Any incorporated city, county or other politicalsubdivision of this state may apply to the State Engineer for a grant underthis program if the incorporated city, county or other political subdivisionrequesting the money agrees to match the state grant equally.

4. The State, its departments, divisions and agencies,an incorporated city, a county and all other political subdivisions of thisstate, and their employees and agents, are immune from civil liability fordamages caused by an alteration or disturbance of a riverbed or floodingsustained as a result of any act or omission by an employee or agent inclearing or causing to be cleared, maintaining or restoring a channel of ariver pursuant to this section if the channel is cleared, maintained orrestored pursuant to a permit granted by the Division of State Lands of theState Department of Conservation and Natural Resources and such other permitsand approvals as are required by law.

5. The Division of State Lands and the Division ofEnvironmental Protection of the State Department of Conservation and NaturalResources shall refund the application or permit fees, if any, paid by agovernmental entity to apply for a state permit to perform channel clearance,maintenance, restoration, surveying and monumenting if:

(a) The governmental entity applies for the applicablepermits from the Division of State Lands and from the Division of EnvironmentalProtection of the State Department of Conservation and Natural Resources;

(b) The governmental entity obtains all other permitsand approvals as are required by law;

(c) The governmental entity applies for a grantpursuant to subsection 3; and

(d) The grant is denied for lack of money in theAccount after:

(1) The State Engineer requests an allocationfrom the Contingency Fund pursuant to subsection 4 of NRS 532.230; and

(2) An allocation from the Contingency Fund isnot made within 90 days after the request is made.

6. A state permit must not be denied for lack of moneyin the Account for the Channel Clearance, Maintenance, Restoration, Surveyingand Monumenting Program.

7. As used in this section, navigable river means ariver or stream that is used, or is susceptible of being used, in its ordinarycondition for trade or travel in the customary modes of trade or travel onrivers or streams.

(Added to NRS by 1973, 821; A 1979, 114; 1985, 305;1989, 1692; 1993, 112; 1997, 2221; 1999, 1240)

NRS 532.230 Accountfor Channel Clearance, Maintenance, Restoration, Surveying and MonumentingProgram: Creation; administration and expenditure of money; maintenance ofbalance.

1. The Account For The Channel Clearance, Maintenance,Restoration, Surveying and Monumenting Program is hereby created in the StateGeneral Fund.

2. The money in the Account must be administered bythe State Engineer and must be expended only to aid local governments in themanner provided in NRS 532.220.

3. If the balance in the Account is below $250,000,the State Engineer may request an allocation from the Contingency Fund pursuantto NRS 353.266, 353.268 and 353.269.

4. If the balance in the Account is not sufficient toprovide a grant of money to an incorporated city, a county or a politicalsubdivision of this state, the State Engineer shall request an allocation fromthe Contingency Fund pursuant to NRS 353.266,353.268 and 353.269.

(Added to NRS by 1995, 865; A 1997, 2222; 1999, 1241)

 

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