2005 Nevada Revised Statutes - Chapter 535 — Dams and Other Obstructions

CHAPTER 535 - DAMS AND OTHER OBSTRUCTIONS

NRS 535.005 Chapterdoes not authorize use of state land without authorization from State Land Registrar.

NRS 535.010 Construction,reconstruction or alteration of dam: Permit to appropriate water required;notice; approval of plans and specifications; inspection; exemptions; penalty.

NRS 535.020 StateEngineer to file copy of application to construct dam with Board of WildlifeCommissioners; installation of fishways; protection and preservation of fish.

NRS 535.030 Inspectionof dams by State Engineer; powers of State Engineer to protect life orproperty.

NRS 535.040 Statutesand performance of State Engineers duties do not constitute warranty.

NRS 535.050 StateEngineer may order removal of dam, diversion works or obstruction; limitation;procedure; payment of costs.

NRS 535.060 Obstructionof water by beavers dam: Procedure for removal of beaver and dams.

NRS 535.070 Constructionof weir in dam situated within 2 miles of incorporated city or town.

NRS 535.080 AttorneyGeneral and county commissioners of Washoe County authorized to instituteactions to maintain flow of Truckee River.

NRS 535.090 Unlawfulobstruction of appropriators water; penalty.

NRS 535.100 Injuryor obstruction of flow of water by sawmill, slaughterhouse, brewery or tannery;civil and criminal penalties.

NRS 535.110 Unlawfulremoval, damage or destruction of piling, dike, dock or lock; unlawfulstructures.

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NRS 535.005 Chapterdoes not authorize use of state land without authorization from State Land Registrar. Nothing in this chapter authorizes aperson to use any state land administered by the Division of State Lands of theState Department of Conservation and Natural Resources without the appropriateauthorization for such a use from the State Land Registrar.

(Added to NRS by 1993, 1460)

NRS 535.010 Construction,reconstruction or alteration of dam: Permit to appropriate water required;notice; approval of plans and specifications; inspection; exemptions; penalty.

1. Any person proposing to construct a dam in thisstate shall, before beginning construction, obtain from the State Engineer apermit to appropriate, store and use the water to be impounded by or divertedby the dam.

2. Any such person obtaining or possessing such apermit shall:

(a) Before constructing, reconstructing or altering inany way any dam, notify the State Engineer thereof; and

(b) Where the dam is or will be 20 feet or more inheight, measured from the downstream toe to the crest of the dam, or is lessthan 20 feet in height and will impound more than 20 acre-feet of water, submitto the State Engineer in triplicate plans and specifications thereof for hisapproval 30 days before construction is to begin.

3. The State Engineer shall examine such plans andspecifications and if he approves them he shall return one copy with hisapproval to the applicant. If the State Engineer disapproves any part of theplans and specifications he shall return them to the applicant for correctionor revision.

4. The construction and use of any dam is prohibitedbefore approval of the plans and specifications by the State Engineer.

5. The State Engineer may at any time inspect or causeto be inspected the construction work while it is in progress to determine thatit is being done in accordance with the approved plans and specifications.

6. This section applies to new construction,reconstruction and alteration of old structures.

7. The provisions of this section relating to approvalof plans and specifications and inspection of dams do not apply to worksconstructed by the United States Bureau of Reclamation or the United StatesArmy Corps of Engineers; but such federal agencies shall file duplicate plansand specifications with the State Engineer.

8. Any person beginning the construction of any dambefore approval of the plans and specifications by the State Engineer, orwithout having given the State Engineer 30 days advance notice of any proposedchange, reconstruction or alteration thereof, is guilty of a misdemeanor. Eachday of violation of this section constitutes a separate offense and isseparately punishable.

[Part 77 1/2:140:1913; added 1951, 132](NRS A 1981,1844; 1993, 206)

NRS 535.020 StateEngineer to file copy of application to construct dam with Board of WildlifeCommissioners; installation of fishways; protection and preservation of fish.

1. Whenever an application for approval of plans andspecifications for a new dam or for the alteration and enlargement of any damin any stream in this state is filed with the State Engineer, the StateEngineer shall file a copy of the application with the Board of WildlifeCommissioners.

2. In the construction of a dam, or the alteration orenlargement of a dam, the owner shall conform with the provisions of law forthe installation of fishways over or around dams and for the protection andpreservation of fish in streams obstructed by dams.

[Part 77 1/2:140:1913; added 1951, 132](NRS A 1979,913)

NRS 535.030 Inspectionof dams by State Engineer; powers of State Engineer to protect life orproperty.

1. The State Engineer from time to time shall:

(a) Make inspections of dams at state expense for thepurpose of determining their safety; and

(b) Require owners to perform at their expense suchwork as may be necessary to supply the State Engineer with information as tothe safety of such dams.

2. The owners shall perform at their expense any otherwork necessary to maintenance and operation which will safeguard life andproperty.

3. If at any time the condition of any dam becomes sodangerous to the safety of life or property as not to permit sufficient timefor the issuance and enforcement of an order relative to the maintenance oroperation thereof, the State Engineer may, if he deems it necessary,immediately employ the following remedial measures to protect either life orproperty:

(a) Lower the water level by releasing water from thereservoir.

(b) Completely empty the reservoir.

(c) Take such other steps as may be essential tosafeguard life and property.

4. The provisions of this section shall not apply toworks constructed by the United States Bureau of Reclamation or the UnitedStates Army Corps of Engineers.

[Part 77 1/2:140:1913; added 1951, 132]

NRS 535.040 Statutesand performance of State Engineers duties do not constitute warranty. The provisions of NRS535.010, 535.020 and 535.030 and the performance by the StateEngineer of his duties under them do not constitute a warranty in favor ofanyone concerning the water to be impounded or diverted.

[Part 77 1/2:140:1913; added 1951, 132](NRS A 1973,1170; 1981, 1844)

NRS 535.050 StateEngineer may order removal of dam, diversion works or obstruction; limitation;procedure; payment of costs.

1. The State Engineer has the right, power andauthority to order the removal of any dam, diversion works or obstruction thathas been placed in any stream channel or watercourse when the dam, diversionworks or obstruction has not been legally established and recognized through avalid claim of vested right, by decree of court or by a permit issued by theState of Nevada.

2. Nothing in this section is to be construed asgiving the State Engineer any right or authority to remove any dam or diversionworks that has been so legally recognized and established.

3. If the dam, diversion works or obstruction has notbeen removed after 30 days notice in writing given by the State Engineer andserved upon the owner or person controlling the dam, diversion works orobstruction, or if no appeal has been taken from the order of the StateEngineer 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 ofthat removal to the water distribution account and thereafter present anitemized statement of the charge to the board of county commissioners of thecounty wherein those expenses were incurred. The board of county commissionersshall thereupon present a bill for the expenses to the person liable thereforunder this section, and if that person neglects for 30 days thereafter to payit, the bill and costs become a lien upon the lands and property of the personso liable for the payment of the bill, and must be collected as delinquenttaxes against the lands and property are collected.

[56 1/2:140:1913; added 1951, 132](NRS A 1979, 670)

NRS 535.060 Obstructionof water by beavers dam: Procedure for removal of beaver and dams.

1. On any stream system and its tributaries in thisstate the distribution of the waters of which are vested in the State Engineerby law or the final decree of court, where beaver, by the construction of damsor otherwise, are found to be interfering with the lawful and necessarydistribution of water to the proper users thereof, the State Engineer, uponcomplaint of any interested water user, shall investigate or cause theinvestigation of the matter.

2. The State Engineer and his assistants and watercommissioners and the Department of Wildlife and its agents may enter uponprivately owned lands for the purposes of investigating the conditionscomplained of and the removal and trapping of beaver.

3. If satisfied that such beaver are interfering withthe flow of water to the detriment of water users, the State Engineer shallserve a written notice on the owner of the land, if it is privately owned,stating:

(a) That the beaver thereon are interfering with orstopping the flow of water necessary for the proper serving of water rights;and

(b) That unless, within 10 days from receipt of thenotice, written objection to the removal of such beaver is filed with the StateEngineer by the landowner, the Department of Wildlife will remove such beaveror as many thereof as will rectify the existing conditions.

4. Failure of the landowner to file such writtenobjections shall be deemed a waiver thereof. Upon receipt of writtenobjections, the State Engineer may make further investigation and may sustainor overrule the objections as the facts warrant. Upon the overruling of theobjections, the landowner may have them reviewed by the district court havingjurisdiction of the land by filing therein a petition for review within 10 daysfrom 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 theearliest possible moment.

5. Upon the landowners waiver of objections to theremoval of beaver from his land, or upon final determination by the court thatthe beaver should be removed, the State Engineer shall immediately notify theDepartment of Wildlife of the waiver or determination and the Department or itsagents shall enter upon the land from which the beaver are to be removed andremove them or as many as may be necessary to prevent the improper flow ofwater as directed by the State Engineer.

6. The State Engineer may remove or cause the removalof any beaver dam found to be obstructing the proper and necessary flow ofwater to the detriment of water users.

[Part 1:61:1949; 1943 NCL 3148.01] + [2:61:1949;1943 NCL 3148.02](NRS A 1969, 1561; 1979, 914; 1993, 1702; 2003, 1581)

NRS 535.070 Constructionof weir in dam situated within 2 miles of incorporated city or town.

1. The term water of such river, as used in thissection, means the normal and natural flow of water in the river unaffected byflood, storm or other abnormal natural causes.

2. Any person owning, leasing or constructing any damin any river of this State within 2 miles of an incorporated city governed by aboard of county commissioners shall make or construct a weir in the dam of suchsize as to admit of the free passage of the water of such river during suchportions of the year as such water is not being used for irrigating purposes.

3. If any person fails, neglects or refuses to complywith the provisions of subsection 2, the district attorney of the countywherein the dam is situated or being constructed shall commence mandamusproceedings to compel the person to comply with the provisions of subsection 2,or the board of county commissioners of the county may order the weir to beconstructed at the expense of the county, and the county has a right of actionagainst the owner or lessee of the dam for all expenses incurred by the countyin constructing the weir and may recover judgment on the right of action andsatisfy the judgment in the manner provided by law.

4. The provisions of this section do not apply to damsconstructed or being constructed or hereafter to be constructed for the purposeof permanently storing the waters of such river for beneficial purposes.

[1:182:1913; 1919 RL p. 2668; NCL 8002] +[2:182:1913; 1919 RL p. 2669; NCL 8003] + [3:182:1913; 1919 RL p. 2669; NCL 8004] + [4:182:1913; 1919 RL p. 2669; NCL 8005](NRS A 1987, 1725)

NRS 535.080 AttorneyGeneral and county commissioners of Washoe County authorized to instituteactions to maintain flow of Truckee River. TheAttorney General and the board of county commissioners of Washoe County areauthorized and empowered to commence suits or take such other action as may benecessary to maintain a regular or natural flow of water in the Truckee River,and in all suits so instituted, if necessary, to use the name of The State ofNevada.

[1:120:1879; cited BH 5013; RL 4140; NCL 7326]

NRS 535.090 Unlawfulobstruction of appropriators water; penalty.

1. Whenever any appropriator of water has the lawfulright-of-way for the storage, diversion or carriage of water, it shall beunlawful to place or maintain any obstruction that shall interfere with the useof his works or prevent convenient access thereto.

2. Any person who violates any of the provisions ofthis section is guilty of a misdemeanor.

[82:140:1913; 1919 RL p. 3247; NCL 7968] +[83:140:1913; 1919 RL p. 3247; NCL 7969](NRS A 1967, 610)

NRS 535.100 Injuryor obstruction of flow of water by sawmill, slaughterhouse, brewery or tannery;civil and criminal penalties.

1. It is unlawful for any person being the owner of orin possession of any sawmill used for the making of lumber, or anyslaughterhouse, brewery or tannery to injure or obstruct the natural flow ofwater in any river, creek or other stream.

2. Any city or county government, or any person, beingthe owner of or in possession of any agricultural lands, who may be injured byreason of the violation on the part of any person of the provisions containedin subsection 1, shall have the right to commence and maintain an actionagainst such person for any damage sustained, in such manner as may be providedby law.

3. Any person who shall willfully and knowinglyviolate the provisions of this section shall be punished by a fine of not morethan $500.

[Part 1:98:1862; B 3847; BH 353; C 432; RL 4718; NCL 8248] + [2:98:1862; B 3848; BH 354; C 433; RL 4719; NCL 8249] + [3:98:1862; B 3849; BH 355; C 434; RL 4720; NCL 8250](NRS A1967, 610)

NRS 535.110 Unlawfulremoval, damage or destruction of piling, dike, dock or lock; unlawfulstructures.

1. Every person who willfully and maliciously removes,damages or destroys a pile or other material fixed in the ground and used forsecuring any bank or dam of any river or other water, or any dike, dock, quay,jetty or lock is guilty of a misdemeanor.

2. Every person who:

(a) Moors any vessel, scow, barge, raft or boom to anybridge; or

(b) Erects or maintains any unlawful structure in anystream or river,

is guilty ofa misdemeanor.

[Part 1911; C&P 487; RL 6752; NCL 10434](NRS A 1993, 864)

 

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