Nevada Professional Engineer Licensing Law

Nevada Code · 510 sections

The following is the full text of Nevada’s professional engineer licensing law statutes as published in the Nevada Code. For the official version, see the Nevada Legislature.

NRS 108.22104

NRS

108.22104

“Agent of the owner” defined.

“Agent of the owner” means every architect, builder, contractor, engineer, geologist, land surveyor, lessee, miner, subcontractor or other person having charge or control of the property, improvement or work of improvement of the owner, or any part thereof.

(Added to NRS by 2003, 2587 )

NRS 108.2214

NRS

108.2214

“Lien claimant” defined.

“Lien claimant” means any person who provides work, material or equipment with a value of $500 or more to be used in or for the construction, alteration or repair of any improvement, property or work of improvement. The term includes, without limitation, every artisan, builder, potential claimant under NRS 608.150 , contractor, laborer, lessor or renter of equipment, materialman, miner, subcontractor or other person who provides work, material or equipment, and any person who performs services as an architect, engineer, land surveyor or geologist, in relation to the improvement, property or work of improvement.

(Added to NRS by 2003, 2588 ; A 2007, 660 ; 2015, 1932 ; 2017, 1210 )

NRS 11.208

NRS

11.208

Action by contractor against Department of Transportation upon contract for construction, reconstruction, improvement or maintenance of highway.

An action by a contractor against the Department of Transportation upon a contract for the construction, reconstruction, improvement or maintenance of a highway must be commenced within 3 years after the date of the:

1. Completion of the contract; or

2. Determination of the engineer or decision of the Board of Directors of the Department of Transportation on an appeal of a claim arising from the contract as provided in the standard specifications for construction of roads and bridges adopted by the Department,

Ê whichever occurs later.

(Added to NRS by 1987, 631 ; A 1989, 1313 )

NRS 11.2565

NRS

11.2565

“Action involving nonresidential construction” defined.

1. “Action involving nonresidential construction” means an action that:

(a) Is commenced against a design professional; and

(b) Involves the design, construction, manufacture, repair or landscaping of a nonresidential building or structure, of an alteration of or addition to an existing nonresidential building or structure, or of an appurtenance, including, without limitation, the design, construction, manufacture, repair or landscaping of a new nonresidential building or structure, of an alteration of or addition to an existing nonresidential building or structure, or of an appurtenance.

Ê The term includes, without limitation, an action for professional negligence.

1. As used in this section:

(a) “Appurtenance” means a structure, installation, facility, amenity or other improvement that is appurtenant to or benefits one or more nonresidential buildings or structures, but is not a part of the nonresidential building or structure. The term includes, without limitation, the parcel of real property, recreational facilities, walls, sidewalks, driveways, landscaping and other structures, installations, facilities and amenities associated with or benefiting one or more nonresidential buildings or structures.

(b) “Design professional” means a person who holds a professional license or certificate issued pursuant to chapter 623 , 623A

or 625 of NRS or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture.

(Added to NRS by 2007, 646 )

NRS 11.258

NRS

11.258

Attorney required to consult expert; required affidavit of attorney; required report of expert.

1. Except as otherwise provided in subsection 2, in an action involving nonresidential construction, the attorney for the complainant shall file an affidavit with the court concurrently with the service of the first pleading in the action stating that the attorney:

(a) Has reviewed the facts of the case;

(b) Has consulted with an expert;

(c) Reasonably believes the expert who was consulted is knowledgeable in the relevant discipline involved in the action; and

(d) Has concluded on the basis of the review and the consultation with the expert that the action has a reasonable basis in law and fact.

1. The attorney for the complainant may file the affidavit required pursuant to subsection 1 at a later time if the attorney could not consult with an expert and prepare the affidavit before filing the action without causing the action to be impaired or barred by the statute of limitations or repose, or other limitations prescribed by law. If the attorney must submit the affidavit late, the attorney shall file an affidavit concurrently with the service of the first pleading in the action stating the reason for failing to comply with subsection 1 and the attorney shall consult with an expert and file the affidavit required pursuant to subsection 1 not later than 45 days after filing the action.

2. In addition to the statement included in the affidavit pursuant to subsection 1, a report must be attached to the affidavit. Except as otherwise provided in subsection 4, the report must be prepared by the expert consulted by the attorney and must include, without limitation:

(a) The resume of the expert;

(b) A statement that the expert is experienced in each discipline which is the subject of the report;

(c) A copy of each nonprivileged document reviewed by the expert in preparing the report, including, without limitation, each record, report and related document that the expert has determined is relevant to the allegations of negligent conduct that are the basis for the action;

(d) The conclusions of the expert and the basis for the conclusions; and

(e) A statement that the expert has concluded that there is a reasonable basis for filing the action.

1. In an action in which an affidavit is required to be filed pursuant to subsection 1:

(a) The report required pursuant to subsection 3 is not required to include the information set forth in paragraphs (c) and (d) of subsection 3 if the complainant or the complainant’s attorney files an affidavit, at the time that the affidavit is filed pursuant to subsection 1, stating that he or she made reasonable efforts to obtain the nonprivileged documents described in paragraph (c) of subsection 3, but was unable to obtain such documents before filing the action;

(b) The complainant or the complainant’s attorney shall amend the report required pursuant to subsection 3 to include any documents and information required pursuant to paragraph (c) or (d) of subsection 3 as soon as reasonably practicable after receiving the document or information; and

(c) The court may dismiss the action if the complainant and the complainant’s attorney fail to comply with the requirements of paragraph (b).

1. An expert consulted by an attorney to prepare an affidavit pursuant to this section must not be a party to the action.

2. As used in this section, “expert” means a person who is licensed in a state to engage in the practice of professional engineering, land surveying, architecture or landscape architecture.

(Added to NRS by 2007, 647 )

NRS 113.150

NRS

113.150

Remedies for seller’s delayed disclosure or nondisclosure of defects in property; waiver.

1. If a seller or the seller’s agent fails to serve a completed disclosure form in accordance with the requirements of NRS 113.130 , the purchaser may, at any time before the conveyance of the property to the purchaser, rescind the agreement to purchase the property without any penalties.

2. If, before the conveyance of the property to the purchaser, a seller or the seller’s agent informs the purchaser or the purchaser’s agent, through the disclosure form or another written notice, of a defect in the property of which the cost of repair or replacement was not limited by provisions in the agreement to purchase the property, the purchaser may:

(a) Rescind the agreement to purchase the property at any time before the conveyance of the property to the purchaser; or

(b) Close escrow and accept the property with the defect as revealed by the seller or the seller’s agent without further recourse.

1. Rescission of an agreement pursuant to subsection 2 is effective only if made in writing, notarized and served not later than 4 working days after the date on which the purchaser is informed of the defect:

(a) On the holder of any escrow opened for the conveyance; or

(b) If an escrow has not been opened for the conveyance, on the seller or the seller’s agent.

1. Except as otherwise provided in subsection 5, if a seller conveys residential property to a purchaser without complying with the requirements of NRS 113.130 or otherwise providing the purchaser or the purchaser’s agent with written notice of all defects in the property of which the seller is aware, and there is a defect in the property of which the seller was aware before the property was conveyed to the purchaser and of which the cost of repair or replacement was not limited by provisions in the agreement to purchase the property, the purchaser is entitled to recover from the seller treble the amount necessary to repair or replace the defective part of the property, together with court costs and reasonable attorney’s fees. An action to enforce the provisions of this subsection must be commenced not later than 1 year after the purchaser discovers or reasonably should have discovered the defect or 2 years after the conveyance of the property to the purchaser, whichever occurs later.

2. A purchaser may not recover damages from a seller pursuant to subsection 4 on the basis of an error or omission in the disclosure form that was caused by the seller’s reliance upon information provided to the seller by:

(a) An officer or employee of this State or any political subdivision of this State in the ordinary course of his or her duties; or

(b) A contractor, engineer, land surveyor, certified inspector as defined in NRS 645D.040 or pesticide applicator, who was authorized to practice that profession in this State at the time the information was provided.

1. A purchaser of residential property may waive any of his or her rights under this section. Any such waiver is effective only if it is made in a written document that is signed by the purchaser and notarized.

(Added to NRS by 1995, 843 ; A 1997, 350 , 1797 )

NRS 116.31086

NRS

116.31086

Solicitation of bids for association project; bids to be opened and read aloud at meeting of executive board.

1. If an association solicits bids for an association project:

(a) The association must, whenever reasonably possible, solicit at least three bids if the association project is expected to cost:

(1) In a common-interest community that consists of less than 1,000 units, 3 percent or more of the annual budget of the association; or

(2) In a common-interest community that consists of 1,000 or more units, 1 percent or more of the annual budget of the association; and

(b) The bids must be opened and read aloud during a meeting of the executive board.

1. As used in this section, “association project” includes, without limitation, a project that involves the maintenance, repair, replacement or restoration of any part of the common elements or which involves the provision of professional services to the association, including, without limitation, accounting, engineering and legal services.

(Added to NRS by 2009, 1099 ; A 2015, 2182 )

NRS 116.4106

NRS

116.4106

Public offering statement: Common-interest community containing converted building.

1. The public offering statement of a common-interest community containing any converted building must contain, in addition to the information required by NRS 116.4103 and 116.41035 :

(a) A statement by the declarant, based on a report prepared by an independent registered architect or licensed professional engineer, describing the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the building;

(b) A list of any outstanding notices of uncured violations of building codes or other municipal regulations, together with the estimated cost of curing those violations; and

(c) The budget to maintain the reserves required pursuant to paragraph (b) of subsection 2 of NRS 116.3115 which must include, without limitation:

(1) The current estimated replacement cost, estimated remaining life and estimated useful life of each major component of the common elements;

(2) As of the end of the fiscal year for which the budget was prepared, the current estimate of the amount of cash reserves that are necessary to repair, replace and restore the major components of the common elements and the current amount of accumulated cash reserves that are set aside for such repairs, replacements and restorations;

(3) A statement as to whether the declarant has determined or anticipates that the levy of one or more special assessments will be required within the next 10 years to repair, replace and restore any major component of the common elements or to provide adequate reserves for that purpose;

(4) A general statement describing the procedures used for the estimation and accumulation of cash reserves described in subparagraph (2), including, without limitation, the qualifications of the person responsible for the preparation of the study of reserves required pursuant to NRS 116.31152 ; and

(5) The funding plan that is designed to allocate the costs for the repair, replacement and restoration of the major components of the common elements over a period of years.

1. This section applies only to a common-interest community comprised of a converted building or buildings containing more than 12 units that may be occupied for residential use.

(Added to NRS by 1991, 574 ; A 1997, 1060 ; 2005, 2613 )

NRS 116.4114

NRS

116.4114

Implied warranties of quality.

1. A declarant and any dealer warrant that a unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and tear excepted.

2. A declarant and any dealer impliedly warrant that a unit and the common elements in the common-interest community are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by a declarant or dealer, or made by any person before the creation of the common-interest community, will be:

(a) Free from defective materials; and

(b) Constructed in accordance with applicable law, according to sound standards of engineering and construction, and in a workmanlike manner.

1. A declarant and any dealer warrant to a purchaser of a unit that may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession.

2. Warranties imposed by this section may be excluded or modified as specified in NRS 116.4115 .

3. For purposes of this section, improvements made or contracted for by an affiliate of a declarant are made or contracted for by the declarant.

4. Any conveyance of a unit transfers to the purchaser all of the declarant’s implied warranties of quality.

(Added to NRS by 1991, 577 ; A 2011, 2457 )

NRS 119.140

NRS

119.140

License: Required information; application; fee.

Any person or broker proposing to offer or sell any subdivision or lot, parcel, unit or interest therein in this state shall first submit to the Division:

1. The name and address of each person owning or controlling an interest of 10 percent or more.

2. The name, principal occupation and address of every officer, director, partner, owner, associate or trustee of the subdivider.

3. The legal description and area of lands.

4. A true statement of the condition of the title to the land, including all encumbrances thereon.

5. A true statement of the terms and conditions on which it is intended to dispose of the land and copies of the instruments which will be delivered to a purchaser to evidence his or her interest in the subdivision and of the contracts and other agreements which a purchaser will be required to agree to or sign.

6. A true statement of the provisions, if any, that have been made for public utilities in the proposed subdivision, including water, electricity, gas, telephone and sewerage facilities.

7. A true statement of the use for which the proposed subdivision will be offered.

8. A true statement of the provisions, if any, limiting the use or occupancy of the parcels in the subdivision.

9. A true statement of the maximum depth of fill used, or proposed to be used on each lot, and a true statement on the soil conditions in the subdivision supported by engineering reports showing the soil has been, or will be, prepared in accordance with the recommendations of a licensed civil engineer.

10. A true statement of the amount of indebtedness which is a lien upon the subdivision or any part thereof, and which was incurred to pay for the construction of any on-site or off-site improvement, or any community or recreational facility, and the names and addresses of the holders of the indebtedness together with an indication of their relationship, if any, to the owner and subdivider.

11. A true statement or reasonable estimate, if applicable, of the amount of any indebtedness which has been or is proposed to be incurred by an existing or proposed special district, entity, taxing area or assessment district, within the boundaries of which the subdivision, or any part thereof, is located, and which is to pay for the construction or installation of any improvement or to furnish community or recreational facilities to the subdivision, and which amounts are to be obtained by ad valorem tax or assessment, or by a special assessment or tax upon the subdivision, or any part thereof.

12. A true statement describing any agricultural activities or conditions in the area which may adversely affect residents of the subdivision, including any odors, cultivation and related dust, agricultural burning, application of pesticides, or irrigation and drainage.

13. Such other information as the owner, his or her agent or subdivider may wish to present.

14. A completed application for a license in such form and containing such additional information as the Division may require on its filing forms.

15. The fees prescribed by this chapter.

(Added to NRS by 1971, 1405 ; A 1973, 1753 ; 1983, 1679 ; 1997, 1061 )

NRS 171.17751

NRS

171.17751

Designation of certain state, county and city officers to prepare, sign and serve citations.

1. Any board of county commissioners or governing body of a city may designate the chief officer of the organized fire department or any employees designated by the chief officer, and certain of its inspectors of solid waste management, building, housing and licensing inspectors, zoning enforcement officers, parking enforcement officers, animal control officers, traffic engineers, marshals and park rangers of units of specialized law enforcement established pursuant to NRS 280.125 , and other persons charged with the enforcement of county or city ordinances, to prepare, sign and serve written citations on persons accused of violating a county or city ordinance.

2. The Chief Medical Officer and the health officer of each county, district and city may designate certain employees to prepare, sign and serve written citations on persons accused of violating any law, ordinance or regulation of a board of health that relates to public health.

3. The Administrator of the Housing Division of the Department of Business and Industry may designate certain employees to prepare, sign and serve written citations on persons accused of violating any law or regulation of the Division relating to the provisions of chapters 118B , 461 ,

461A and 489

of NRS.

1. The State Contractors’ Board may designate certain of its employees to prepare, sign and serve written citations on persons pursuant to subsection 2 of NRS 624.115 .

2. An employee designated pursuant to this section:

(a) May exercise the authority to prepare, sign and serve citations only within the field of enforcement in which the employee works;

(b) May, if employed by a city or county, prepare, sign and serve a citation only to enforce an ordinance of the city or county by which the employee is employed; and

(c) Shall comply with the provisions of NRS 171.1773 .

(Added to NRS by 1979, 871 ; A 1981, 564 , 858 ;

1987, 377 ; 1989, 279 ; 1993, 81 , 1330 ,

1511 ,

2515 ;

1995, 583 ; 1999, 2966 ; 2005, 1382 ; 2017, 3613 )

NRS 202.442

NRS

202.442

“Biological agent” defined.

“Biological agent” means any microorganism, virus, infectious substance or other biological substance, material or product, or any component or compound thereof, which is naturally occurring, cultivated, engineered, processed, extracted or manufactured and which is capable of causing:

1. Death or substantial bodily harm;

2. Substantial deterioration or contamination of food, water, equipment, supplies or material of any kind; or

3. Substantial damage to natural resources or the environment.

(Added to NRS by 1999, 3 ; A 2003, 2949 )

NRS 202.4425

NRS

202.4425

“Chemical agent” defined.

“Chemical agent” means any chemical substance, material or product, or any component or compound thereof, which is naturally occurring, cultivated, engineered, processed, extracted or manufactured and which is capable of causing:

1. Death or substantial bodily harm;

2. Substantial deterioration or contamination of food, water, equipment, supplies or material of any kind; or

3. Substantial damage to natural resources or the environment.

(Added to NRS by 2003, 2947 )

NRS 202.4437

NRS

202.4437

“Radioactive agent” defined.

“Radioactive agent” means any radioactive substance, material or product, or any component or compound thereof, which is naturally occurring, cultivated, engineered, processed, extracted or manufactured and which is capable of causing:

1. Death or substantial bodily harm;

2. Substantial deterioration or contamination of food, water, equipment, supplies or material of any kind; or

3. Substantial damage to natural resources or the environment.

(Added to NRS by 2003, 2948 )

NRS 202.444

NRS

202.444

“Toxin” defined.

“Toxin” means any toxic substance, material or product, or any component or compound thereof, which is naturally occurring, cultivated, engineered, processed, extracted or manufactured and which is capable of causing:

1. Death or substantial bodily harm;

2. Substantial deterioration or contamination of food, water, equipment, supplies or material of any kind; or

3. Substantial damage to natural resources or the environment.

(Added to NRS by 1999, 3 ; A 2003, 2949 )

NRS 223.650

NRS

223.650

Advisory Council on Science, Technology, Engineering and Mathematics: Duties; submission of biennial report; duty of State Board of Education and Board of Regents to consider plans and report; duty of State Board of Education to adopt regulations.

Repealed. (See chapter 60, Statutes of Nevada 2023, at page 296 .)

NRS 226.712

NRS

226.712

“Eligible costs” defined.

“Eligible costs” means, as applied to a qualified project to be financed from any account established pursuant to NRS 226.787 , the cost of:

1. Applying for and obtaining financial assistance from the Bank.

2. Preliminary engineering, traffic and revenue studies, environmental studies, right-of-way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, facilities, sustainability certification and other costs necessary for the qualified project to the extent such costs are an authorized use of the money obtained to capitalize the Bank.

(Added to NRS by 2017, 4125 ; A 2021, 3811 , 3816 )—(Substituted in revision for NRS 408.55052)

NRS 226.781

NRS

226.781

Board of Directors: Powers; duties; limitations on conduct of Bank.

1. The Board of Directors may:

(a) Make, and from time to time amend and repeal, bylaws not inconsistent with NRS 226.700

to 226.832 , inclusive, to carry into effect the powers and purposes of NRS 226.700 to 226.832 , inclusive.

(b) Sue and be sued in the name of the Bank.

(c) Have a seal and alter the same at the pleasure of the Board of Directors, but the failure to affix the seal does not affect the validity of an instrument executed on behalf of the Bank.

(d) Make loans to qualified borrowers to finance all or part of the eligible costs of a qualified project.

(e) Provide qualified borrowers with other financial assistance necessary to defray all or part of the eligible costs of a qualified project.

(f) Acquire, hold and sell loan obligations at such prices and in such a manner as the Board of Directors deems advisable.

(g) Enter into contracts, arrangements and agreements with qualified borrowers and other persons and execute and deliver all financing agreements and other instruments necessary or convenient to carry out the powers and duties of the Board of Directors.

(h) Enter into agreements with a department, agency or instrumentality of the United States or governmental unit of this State or another state for the purpose of providing for the financing of qualified projects.

(i) Establish:

(1) Policies and procedures to govern the selection of qualified projects and the issuance and administration of loans and other financial assistance provided by the Bank; and

(2) Fiscal controls and accounting procedures to ensure proper accounting and reporting by the Bank and qualified borrowers.

(j) Acquire, by purchase, lease, donation or other lawful means, real or personal property and any interest therein.

(k) Sell, convey, pledge, lease, exchange, transfer and dispose of all or any part of the property and assets of the Bank.

(l) Procure insurance, guarantees, letters of credit and other forms of collateral or security or credit support for the payment of bonds or other securities issued by the Bank and the payment of premiums or fees on such insurance, guarantees, letters of credit and other forms of collateral or security or credit support.

(m) Collect or authorize the trustee under any trust indenture that secures any bonds or other securities issued by the Bank to collect amounts due from a qualified borrower under any loan obligation owned by the Bank, including, without limitation, taking any lawful action required to obtain payment of any sums in default.

(n) Unless restricted by the terms of an agreement with the holders of bonds or other securities issued by the Bank, consent to any modification of the terms of any loan obligations owned by the Bank, including, without limitation, the rate of interest, period of repayment and payment of any installment of principal or interest.

(o) Borrow money through the issuance of bonds and other securities as provided in NRS 226.700 to 226.832 , inclusive.

(p) Incur expenses to obtain accounting, management, legal or financial consulting and other professional services necessary to the operations of the Bank.

(q) To the extent that money is available from public or private sources of administrative costs, pay any costs incurred for the administration of the operations of the Bank.

(r) Establish advisory committees, which may include persons from the private sector with civil engineering, banking and financial expertise.

(s) Procure insurance against losses in connection with the Bank’s property, assets or activities, including, without limitation, insurance against liability for any act of the Bank or its employees or agents, or establish cash reserves to enable the Bank to act as a self-insurer against such losses.

(t) Impose and collect fees and charges in connection with the activities of the Bank.

(u) Apply for, receive and accept from any source aid grants or contributions of money, property, labor or other things of value to be used to carry out the statutory purposes and powers of the Bank.

(v) Enter into contracts, arrangements or agreements for the servicing and processing of financial agreements.

(w) Accept and hold, with payment of interest, money deposited with the Bank.

(x) Request technical advice, support and assistance pursuant to NRS 226.832 .

(y) Do all other things necessary or convenient to exercise any power granted or reasonably implied by NRS 226.700 to 226.832 , inclusive.

1. Except as otherwise provided in NRS 226.700 to 226.832 , inclusive, the Bank may exercise any fiscal power granted to the Bank in NRS 226.700 to 226.832 , inclusive, without the review or approval of any other department, division or agency of the State or any political subdivision thereof, except for the Board of Directors.

2. In exercising the powers and performing the functions set forth in NRS 226.700

to 226.832 , inclusive, the members of the Board of Directors:

(a) Must act in a commercially reasonable manner and in the interests of this State. For the purposes of this paragraph, the interests of this State include, without limitation, the public welfare and economy of this State and the long-term and short-term interests of this State.

(b) May, unless a member of the Board of Directors has knowledge concerning a matter in question that would cause reliance thereon to be unwarranted, rely on information, opinions, reports, books of account or statements, including, without limitation, financial statements and other financial data, that are prepared or presented by:

(1) One or more members of the Board of Directors or officers or employees of the Bank reasonably believed to be reliable and competent in the matters prepared or presented;

(2) Counsel, public accountants, financial advisers, valuation advisers, investment bankers, engineers, architects or other persons as to matters reasonably believed to be within the professional or expert competence of the preparer or presenter; or

(3) A committee on which the director or officer relying thereon does not serve, as to matters within the designated authority of the committee and matters on which the committee is reasonably believed to merit confidence.

1. This section does not authorize the Bank to be or conduct business as a:

(a) Bank or trust company within the jurisdiction of chapters 657 to 671 , inclusive, of NRS or under the control of an agency of the United States or this State; or

(b) Bank, banker or dealer in securities within the meaning of, or subject to the provisions of, any securities, securities exchange or securities dealers’ laws of the United States or of this State.

1. The Bank must, before accepting a deposit from any person or governmental unit, provide a notice to the depositor stating that the deposit is not insured by the Federal Deposit Insurance Corporation.

2. The provisions of titles 55 and 57 of NRS do not apply to the Bank.

(Added to NRS by 2017, 4129 ; A 2021, 3816 ; 2023, 2829 )—(Substituted in revision for NRS 408.55071)

NRS 228.200

NRS

228.200

Printing of findings of fact, conclusions of law, judgment and decree of state district court involving more than 100 litigants, including State Engineer; payment of expenses.

1. The Attorney General is directed and empowered to cause the printing of proposed findings of fact and conclusions of law and judgments and decrees from any district court of the State of Nevada where there are more than 100 parties litigant in the action so decided, and the State Engineer of the State of Nevada is one of the parties litigant.

2. The Attorney General shall cause the proposed findings of fact and conclusions of law and findings of fact, conclusions of law and judgment and decree to be printed, and shall certify the expense thereof to the State Board of Examiners, who shall check the same, and if the Board finds that the printing has been done, it shall approve the same and cause the claims for the printing to be paid as other claims are paid from the Treasury of the State of Nevada.

[1:233:1931; 1931 NCL § 7334.01] + [3:233:1931; 1931 NCL § 7334.03]

NRS 232.100

NRS

232.100

Division of Water Resources: Appointment of State Engineer as executive head; powers and duties.

1. The executive head of the Division of Water Resources shall be the State Engineer, who shall be appointed by and be responsible to the Director.

2. The State Engineer and the employees of the Division of Water Resources shall have such powers and shall perform such duties as are conferred upon the State Engineer pursuant to title 48 of NRS and the provisions of any other laws.

(Added to NRS by 1957, 647 )

NRS 232.8415

NRS

232.8415

Duties relating to regulation of occupations and professions; professional and occupational licensing boards within purview of Office.

1. The Office of Nevada Boards, Commissions and Councils Standards shall be responsible for:

(a) Centralized administration;

(b) A uniform set of standards for investigations, licensing and discipline, including, without limitation, separating the roles and responsibilities for occupational licensure from the roles and responsibilities for occupational discipline;

(c) A uniform set of standards for internal controls;

(d) A uniform set of standards for legal representation;

(e) A consistent set of structural standards for boards and commissions;

(f) Transparency and consumer protection; and

(g) Efficacy and efficiency.

1. To the extent permitted by the Nevada Constitution and federal law, all professional and occupational licensing boards created by the Legislature shall be under the purview of the Office, including, without limitation:

(a) The Nevada State Board of Accountancy created by NRS 628.035 .

(b) The Board of Examiners for Alcohol, Drug and Gambling Counselors created by NRS 641C.150 .

(c) The State Board of Architecture, Interior Design and Residential Design created by NRS 623.050 .

(d) The Board of Athletic Trainers created by NRS 640B.170 .

(e) The State Barbers’ Health and Sanitation Board created by NRS 643.020 .

(f) The Board of Applied Behavior Analysis created by NRS 641D.200 .

(g) The Chiropractic Physicians’ Board of Nevada created by NRS 634.020 .

(h) The State Contractors’ Board created by NRS 624.040 .

(i) The Commission on Construction Education created by NRS 624.570 .

(j) The State Board of Cosmetology created by NRS 644A.200 .

(k) The Certified Court Reporters’ Board of Nevada created by NRS 656.040 .

(l) The Board of Dental Examiners of Nevada created by NRS 631.120 .

(m) The Committee on Dental Hygiene and Dental Therapy created by NRS 631.205 .

(n) The State Board of Professional Engineers and Land Surveyors created by NRS 625.100 .

(o) The Nevada Funeral and Cemetery Services Board created by NRS 642.020 .

(p) The Nevada Board of Homeopathic Medical Examiners created pursuant to NRS 630A.100 .

(q) The State Board of Landscape Architecture created by NRS 623A.080 .

(r) The Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors created by NRS 641A.090 .

(s) The Board of Massage Therapy created by NRS 640C.150 .

(t) The Board of Medical Examiners created pursuant to NRS 630.050 .

(u) The State Board of Nursing created by NRS 632.020 .

(v) The Advisory Committee on Nursing Assistants and Medication Aides created by NRS 632.072 .

(w) The Board of Occupational Therapy created by NRS 640A.080 .

(x) The Board of Dispensing Opticians created by NRS 637.030 .

(y) The Nevada State Board of Optometry created by NRS 636.030 .

(z) The State Board of Oriental Medicine created by NRS 634A.030 .

(aa) The State Board of Osteopathic Medicine created pursuant to NRS 633.181 .

(bb) The Commission on Postsecondary Education created by NRS 394.383 .

(cc) The State Board of Pharmacy created by NRS 639.020 .

(dd) The Nevada Physical Therapy Board created by

NRS 640.030 .

(ee) The State Board of Podiatry created by NRS 635.020 .

(ff) The Private Investigator’s Licensing Board created by NRS 648.020 .

(gg) The Board of Psychological Examiners created by NRS 641.030 .

(hh) The Board of Environmental Health Specialists created by NRS 625A.030 .

(ii) The Board of Examiners for Social Workers created pursuant to NRS 641B.100 .

(jj) The Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board created by NRS 637B.100 .

(kk) The Nevada State Board of Veterinary Medical Examiners created by NRS 638.020 .

(Added to NRS by 2023, 3548 )

Office of Ombudsman of Consumer Affairs for Minorities

NRS 232.932

NRS

232.932

Designation of critical need occupations for waiver of certain fees granted to veterans.

The Department shall designate which occupations are critical need occupations within science, technology, engineering, arts, mathematics or health science fields for the purpose of a waiver of registration fees and other fees granted to a veteran pursuant to NRS 396.5446 .

(Added to NRS by 2019, 1951 )

NRS 234.140

NRS

234.140

Terms and provisions of Compact.

The terms and provisions of the Compact referred to in NRS 234.130 are as follows:

ARTICLE I. Purpose.

The boundary between the States of Arizona and Nevada on the Colorado River between the point where the Nevada-California state line intersects the 35th degree of latitude north and Davis Dam has become indefinite and uncertain because of meanderings in the main channel of the Colorado River with the result that a state of confusion exists as to the true and correct location of the boundary and the enforcement and administration of the laws of the two states have been rendered difficult.

The purpose of this Compact is to fix the location of the boundary line between the States of Arizona and Nevada on the Colorado River between the point where the Nevada-California state line intersects the 35th degree of latitude north and Davis Dam.

ARTICLE II. Description.

The boundary between the States of Arizona and Nevada on the Colorado River between the point where the Nevada-California state line intersects the 35th degree of latitude north and Davis Dam is herewith defined as a line passing through a series of fixed points located in the mid-channel of the Colorado River which are tied by bearing and distance to establish monuments and described as follows:

Point No. 1, being the place of beginning where the Nevada-California boundary intersects the 35th degree of latitude north; thence northerly 18,099.91 feet along a curve to the right (with a radius bearing North 63 ° 34 ¢ 35 ²

East, a distance of 13,901.63 feet) to

Point No. 2, which point is North 51 ° 24 ¢ 59 ² West 2,769.37 feet from the U.S.C.&G.S. Fort Mohave Triangulation Station; thence North 48 ° 10 ¢ 31 ² East 1,383.38 feet to

Point No. 3, which point is North 23 ° 05 ¢ 44 ² West 2,880.52 feet from the U.S.C.&G.S. Fort Mohave Triangulation Station; thence northeasterly 2,625.09 feet along a curve to the right with a radius of 12,170.00 feet to

Point No. 4, which point is North 13 ° 27 ¢ 17 ² East 4,294.35 feet from the U.S.C.&G.S. Fort Mohave Triangulation Station; thence northerly 10,610.88 feet along a curve to the left with a radius of 5,775.00 feet to

Point No. 5, which is North 9 ° 40 ¢ 04 ² East 13,460.60 feet from the U.S.C.&G.S. Fort Mohave Triangulation Station; thence North 44 ° 44 ¢ 23 ² West, 1,364.03 feet to

Point No. 6, which point is North 5 ° 13 ¢ 06 ² East 14,297.57 feet from the U.S.C.&G.S. Fort Mohave Triangulation Station; thence northwesterly 7,745.77 feet along a curve to the left with a radius of 15,000.00 feet to

Point No. 7, which point is South 74 ° 59 ¢ 41 ² West 1,077.76 feet from the southeast corner of Section 24, Township 20 North, Range 23 West, G.&S.R. Base & Meridian in Arizona; thence northwesterly 2,687.16 feet along a curve to the right with a radius of 5,250.00 feet to

Point No. 8, which point is North 72 ° 18 ¢ 49 ² West 3,334.98 feet from the southeast corner of Section 24, Township 20 North, Range 23 West, G.&S.R. Base & Meridian; thence North 45 ° 00 ¢ 00 ²

West 1,251.30 feet to

Point No. 9, which point is North 65 ° 13 ¢ 02 ² West 4,647.83 feet from the southeast corner of Section 24, Township 20 North, Range 23 West, G.&S.R. Base & Meridian; thence northerly 2,567.51 feet along a curve to the right with a radius of 1,738.94 feet to

Point No. 10, which point is South 77 ° 14 ¢ 52 ²

West 4,476.96 feet from the northeast corner of Section 24, Township 20 North, Range 23 West, G.&S.R. Base & Meridian in Arizona; thence North 39 ° 35 ¢ 46 ² East 1,896.58 feet to

Point No. 11, which point is North 81 ° 28 ¢ 29 ²

West 3,192.99 feet from the southeast corner of Section 13, Township 20 North, Range 23 West, G.&S.R. Base & Meridian in Arizona; thence North 50 ° 05 ¢ 20 ² East 1,377.07 feet to

Point No. 12, which point is North 57 ° 09 ¢ 02 ²

West 2,501.42 feet from the southeast corner of Section 13, Township 20 North, Range 23 West, G.&S.R. Base & Meridian in Arizona; thence North 38 ° 39 ¢ 33 ² East 1,670.68 feet to

Point No. 13, which point is North 21 ° 40 ¢ 31 ²

West 2,863.96 feet from the southeast corner of Section 13, Township 20 North, Range 23 West, G.&S.R. Base & Meridian in Arizona; thence easterly 6,083.30 feet along a curve to the right with a radius of 6,332.12 feet to

Point No. 14, which point is South 1 ° 45 ¢ 06 ² East 944.43 feet from the northwest corner of Section 34, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence South 86 ° 17 ¢ 53 ²

East 5,190.37 feet to

Point No. 15, which point is South 3 ° 31 ¢ 00 ² West 1,233.10 feet from the northeast corner of Section 34, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence North 74 ° 12 ¢ 01 ²

East 3,528.76 feet to

Point No. 16, which point is South 85 ° 21 ¢ 02 ²

East 3,330.79 feet from the northeast corner of Section 34, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence North 66 ° 35 ¢ 02 ² East 1,383.98 feet to

Point No. 17, which point is North 86 ° 30 ¢ 32 ²

East 4,598.33 feet from the northeast corner of Section 34, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence North 54 ° 25 ¢ 00 ² East 1,499.93 feet to

Point No. 18, which point is South 7 ° 03 ¢ 48 ² East 4,297.47 feet from the northwest corner of Section 25, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence North 29 ° 56 ¢ 02 ²

East 1,974.24 feet to

Point No. 19, which point is South 30 ° 39 ¢ 10 ²

East 2,968.79 feet from the northwest corner of Section 25, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence North 23 ° 56 ¢ 24 ² East 2,404.51 feet to

Point No. 20, which point is South 64 ° 33 ¢ 16 ²

West 3,266.89 feet from the northeast corner of Section 12, Township 20 North, Range 22 West, G.&S.R. Base & Meridian in Arizona; thence North 6 ° 07 ¢ 27 ² West 1,406.23 feet to

Point No. 21, which point is South 89 ° 54 ¢ 00 ² West 3,100.00 feet from the northeast corner of Section 12, Township 20 North, Range 22 West, G.&S.R. Base & Meridian in Arizona; thence North 10 ° 55 ¢ 52 ² West 878.83 feet to

Point No. 22, which point is North 75 ° 17 ¢ 33 ²

West 3,377.31 feet from the northeast corner of Section 12, Township 20 North, Range 22 West, G.&S.R. Base & Meridian in Arizona; thence North 6 ° 44 ¢ 28 ² East 1,289.72 feet to

Point No. 23, which point is South 58 ° 26 ¢ 58 ²

West 3,655.64 feet from the northeast corner of Section 1, Township 20 North, Range 22 West, G.&S.R. Base & Meridian in Arizona; thence North 15 ° 26 ¢ 06 ² East 2,078.24 feet to

Point No. 24, which point is North 87 ° 58 ¢ 32 ²

West 2,563.75 feet from the northeast corner of Section 1, Township 20 North, Range 22 West, G.&S.R. Base & Meridian in Arizona; thence North 10 ° 47 ¢ 16 ² East 3,339.47 feet to

Point No. 25, which point is South 57 ° 52 ¢ 49 ²

East 3,931.95 feet from the northwest corner of Section 13, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence North 0 ° 37 ¢ 06 ² East 2,000.00 feet to

Point No. 26, which point is South 88 ° 26 ¢ 53 ²

East 3,352.93 feet from the northwest corner of Section 13, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence North 0 ° 37 ¢ 06 ² East 5,269.57 feet to

Point No. 27, which point is South 88 ° 42 ¢ 05 ²

East 3,542.59 feet from the southwest corner of Section 1, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence North 5 ° 11 ¢ 28 ² West 1,401.89 feet to

Point No. 28, which point is North 68 ° 55 ¢ 18 ²

East 3,659.71 feet from the southwest corner of Section 1, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence North 20 ° 04 ¢ 51 ² West 1,401.38 feet to

Point No. 29, which point is South 45 ° 32 ¢ 18 ²

East 3,758.25 feet from the northwest corner of Section 1, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence North 5 ° 07 ¢ 03 ² West 2,570.29 feet to

Point No. 30, which point is South 88 ° 18 ¢ 29 ²

East 2,454.13 feet from the northwest corner of Section 1, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence North 1 ° 49 ¢ 01 ² East 934.17 feet to

Point No. 31, which point is North 70 ° 51 ¢ 57 ²

East 2,627.86 feet from the northwest corner of Section 1, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada and monumented by a brass cap in the roadway of the highway crossing Davis Dam.

ARTICLE III. Ratification and Effective Date.

This compact shall become operative when it has been ratified and approved by the Legislatures of the States of Arizona and Nevada and approved by the Congress of the United States.

Dated this 6th day of February, 1960, at Phoenix, Arizona.

FOR THE STATE OF ARIZONA

Colorado River Boundary Commission of Arizona

/s/ Wayne M. Akin

Wayne M. Akin, Chairman

Chairman of the Arizona Interstate Stream Commission

/s/ Wade Church

Wade Church

Attorney General

/s/ Obed M. Lassen

Obed M. Lassen

State Land Commissioner

FOR THE STATE OF NEVADA

Colorado River Boundary Commission of Nevada

/s/ Ralph L. Denton

Ralph L. Denton, Chairman

Appointed Member

/s/ A.J. Shaver

A.J. Shaver, Secretary

Chief Engineer, Colorado River Commission of Nevada

/s/ Hugh A. Shamberger

Hugh A. Shamberger

Director, State Department of Conservation and Natural Resources

(Added to NRS by 1960, 145 )

NRS 244.151

NRS

244.151

Department of public works: Creation; director and employees.

1. The boards of county commissioners of each of the counties of the State may create a department of public works devoted primarily to buildings and grounds facilities, engineering, buildings and safety, waterworks, sewers, sewage, garbage and refuse disposal facilities, public sanitary facilities, works for the treatment and purification of water, recreational facilities and streets and access roads.

2. The county commissioners may appoint a director of public works and may provide for the appointment of such other employees as are necessary to carry out the functions of the department.

(Added to NRS by 1969, 676 )

NRS 244.288

NRS

244.288

Industrial development of real property by county; notice; hearing; option to purchase property.

1. Notwithstanding the provisions of NRS 244.275 , the board of county commissioners of a county, upon making a finding pursuant to a public hearing that a county industrial park is necessary to meet the needs of the county, and that no private enterprise has presented an acceptable proposal for industrial development, may develop a plan, establish requirements for and carry out the:

(a) Acquisition, sale or lease of real property by the county for industrial development, upon such lawful terms and conditions as are agreed to by the board.

(b) Design, engineering and construction of industrial developments for sale or lease.

1. The board shall:

(a) Give notice of its intention by publication at least once in a newspaper of general circulation published in the county, or if there is no such newspaper then in a newspaper of general circulation in the county published in the State; and

(b) Hold its public hearing not less than 10 nor more than 20 days after the date of publication of the notice.

1. The board may grant an option to purchase property designated for industrial development. The duration of the option must not exceed 3 years, but afterward the board may extend it year by year. Any attempted assignment of such an option, whether contractual or effected by operation of law, is void. Upon its execution, the option must immediately be recorded by the board with the county recorder.

2. After review by the planning commission, a member of the board or the purchaser or lessee of the property shall present the proposed plan for an industrial development to the board.

3. The board shall, after a public hearing, approve or reject the proposed plan.

(Added to NRS by 1981, 374 ; A 1989, 260 , 520 )

NRS 244.3544

NRS

244.3544

Hearing: Notice; investigation; grant, denial or conditioning of license; issuance of license.

1. Upon receipt of a complete application and the application fee, the clerk shall:

(a) Set the application for public hearing at a regular meeting of the board, not less than 15 days nor more than 30 days thereafter, and give not less than 10 days’ written notice thereof to the applicant.

(b) Promptly give notice of such hearing and copies of the application to the sheriff, the county health officer and the county engineer, who shall investigate the application and report in writing to the board not later than the hearing with appropriate recommendations related to their official functions, as to granting a license and conditions thereof.

1. Based upon the testimony of the witnesses and evidence presented at such hearing, including the reports of such officers, the board shall grant the license, deny the license or set conditions which must be met, or security given that such conditions will be met, before a license is granted. If conditions are imposed by the board, the applicant shall furnish or cause to be furnished to the clerk proof that all conditions have been met before the license is issued by the clerk.

2. When the clerk certifies that all conditions have been met, the sheriff shall, upon receipt of a license fee in an amount to be determined by the board, issue a license for the assembly.

(Added to NRS by 1973, 1298 )

NRS 247.110

NRS

247.110

Duties and powers concerning document deposited for recording; required format for certain documents submitted for recording; discretion to accept document not in required format; when document is considered recorded.

1. When a document authorized, entitled or required by law to be recorded is deposited in the county recorder’s office for recording, the county recorder shall:

(a) Endorse upon it the time when it was received, noting:

(1) The year, month, day, hour and minute of its reception;

(2) The document number; and

(3) The amount of fees collected for recording the document.

(b) Record the document without delay, together with the acknowledgments, proofs and certificates, written upon or annexed to it, with the plats, surveys, schedules and other papers thereto annexed, in the order in which the papers are received for recording.

(c) Note at the upper right corner of the record and upon the document, except a map, so recorded the exact time of its reception and the name of the person at whose request it was recorded.

(d) Upon request, place a stamp or other notation upon one copy of the document presented at the time of recording to reflect the information endorsed upon the original pursuant to subparagraphs (1) and (2) of paragraph (a) and as evidence that the county recorder received the original, and return the copy to the person who presented it.

1. In addition to the information described in paragraph (a) of subsection 1, a county recorder may endorse upon a document the book and page where the document is recorded.

2. Except as otherwise provided in this section and NRS 111.366 to 111.3697 , inclusive, a document, except a map, certificate or affidavit of death, military discharge or document regarding taxes that is issued by the Internal Revenue Service of the United States Department of the Treasury, that is submitted for recording must be on a form authorized by NRS 104.9521 for the type of filing or, except as otherwise provided in subsection 5, must:

(a) Be on white, 20-pound paper that is 8 1/2 inches by 11 inches in size.

(b) Have a margin of 1 inch on the left and right sides and at the bottom of each page.

(c) Have a space of 3 inches by 3 inches at the upper right corner of the first page and have a margin of 1 inch at the top of each succeeding page.

(d) Not be on sheets of paper that are bound together at the side, top or bottom.

(e) Not contain printed material on more than one side of each page.

(f) Not have any documents or other materials physically attached to the paper.

(g) Not contain:

(1) Colored markings to highlight text or any other part of the document;

(2) A stamp or seal that overlaps with text or a signature on the document, except in the case of a validated stamp or seal of a professional engineer or land surveyor who is licensed pursuant to chapter 625 of NRS;

(3) Text that is smaller than a 10-point Times New Roman font and is printed in any ink other than black; or

(4) More than nine lines of text per vertical inch.

1. The provisions of subsection 3 do not apply to a document submitted for recording that has been filed with a court and which conforms to the formatting requirements established by the court.

2. A county recorder has the discretion to accept and record a document that does not meet the formatting requirements set forth in paragraphs (a) to (g), inclusive, of subsection 3.

3. A document is recorded when the information required pursuant to this section is placed on the document and is entered in the record of the county recorder.

[4:120:1923; A 1935, 247 ; 1931 NCL § 2114]—(NRS A 1965, 619 ; 1987, 772 ; 2001, 1736 ; 2003, 75 , 845 ,

1928 ,

2814 ;

2007, 140 ; 2011, 595 ; 2017, 734 )

NRS 254.010

NRS

254.010

Appointment in certain counties; compensation.

The board of county commissioners of any county in this State whose population is 4,500 or more may appoint a county engineer and fix the county engineer’s compensation.

[Part 1:109:1947; A 1951, 57 ]—(NRS A 1957, 111 ; 1963, 454 , 1296 ;

1989, 1906 ; 2001, 1959 ; 2011, 1129 )

NRS 254.020

NRS

254.020

Qualifications.

The county engineer must be:

1. A qualified and competent civil engineer.

2. Licensed as a professional engineer by the state board of professional engineers and land surveyors.

[Part 1:109:1947; A 1951, 57 ]—(NRS A 1979, 1103 ; 1993, 130 ; 1997, 1062 )

NRS 254.050

NRS

254.050

Assistants and employees; salaries and expenses.

1. The county engineer may, with the approval of the board of county commissioners, appoint such assistants and other employees as are necessary to the proper functioning of his or her office.

2. The salaries of such assistants and employees and the other expenses of conducting the office of the county engineer shall be fixed and determined by the county engineer with the consent and approval of the board of county commissioners.

[Part 2:109:1947; 1943 NCL § 2188.12]

NRS 255.080

NRS

255.080

Certificate admissible in evidence.

The certificate of the county surveyor, or any of the county surveyor’s deputies, shall be submitted as legal evidence in any court of this state, but the same may be subject to be rebutted by other evidence. Surveys made by the mutual consent of parties may also be admitted as legal evidence in any court of this state; but this section shall not be so construed as to exclude the testimony of other surveyors or engineers.

[4:64:1861; B § 3059; BH § 2213; C § 2364; RL § 1667; NCL § 2167]

NRS 255.110

NRS

255.110

Records and maps: Duties; public inspection.

1. The county surveyor shall:

(a) Keep a correct and fair record of all surveys made by him or her in his or her official capacity, or by the county surveyor’s deputies acting in his or her stead, in the form of original field notes in field books to be provided by the county for that purpose.

(b) Number such surveys progressively.

(c) Make and preserve a fair and accurate record map of each survey, drawn in waterproof ink on tracing cloth or produced by the use of other materials of a permanent nature generally used for that purpose in the engineering profession, endorsing thereon its proper number and his or her official certificate of survey.

(d) Obtain maps of mining claims, mill sites and tunnel rights recorded with the county recorder and prepare a county mining claim map which must accurately reflect the location of all such claims. A county surveyor shall not refuse to accept a map submitted by the locator of the mine, nor shall the county surveyor prepare a map in lieu of one submitted by the locator, unless he or she can affirmatively show that the map submitted does not accurately reflect the location of all of the claims.

1. All records of surveys required by this chapter must be transmitted by the county surveyor to his or her successor in office.

2. Field notes and records maps must be available for copying to any person requiring a copy of the field notes or records maps.

[8:64:1861; A 1949, 144 ; 1943 NCL § 2171]—(NRS A 1960, 136 ; 1971, 2196 ; 1973, 868 ; 2001, 1746 )

NRS 266.290

NRS

266.290

Acquisition or establishment of municipal utility: Procedure.

1. The city council may acquire or establish any public utility in the manner provided in this section.

2. The council shall enact an ordinance which must set forth fully and in detail:

(a) The public utility proposed to be acquired or established.

(b) The estimated cost thereof, as shown by the report approved by the council and mayor, of an engineer or body theretofore appointed by the council for that purpose.

(c) The proposed manner and terms of payment.

1. The ordinance must be published in full at least once a week for 4 successive weeks in a newspaper of general circulation published in the city.

2. At the first regular meeting of the council, or any adjournment thereof, after the completion of the publication, the council may proceed to enact an ordinance for that purpose which must conform in all respects to the terms and conditions of the previously published ordinance, unless a petition is presented to it, signed by not less than 15 percent of the qualified electors of the city, as shown by the last preceding registration list, and representing not less than 10 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll, praying for placement on the ballot at a special election or at the next primary or general municipal election or primary or general state election of the question of whether the proposed ordinance is to be passed. Thereupon, no such proposed ordinance may be enacted or become effective for any purpose whatsoever, unless at a special election called and held for the purpose or the next primary or general municipal election or primary or general state election, a majority of the votes cast are for the ordinance.

[Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1971, 302 ; 1981, 952 ; 1993, 1039 ; 2001, 2076 )

NRS 266.3861

NRS

266.3861

Appointment of appraisers.

Upon the adoption of a resolution pursuant to NRS 266.386 , the district court of the county shall appoint a qualified firm of licensed engineers to make a true and correct appraisement of the fair market value of the electric light and power system.

(Added to NRS by 1969, 862 )

NRS 268.048

NRS

268.048

Acquisition, sale or lease of real property by certain cities for industrial development; notice; hearing; option to purchase property.

1. The governing body of a city located in a county whose population is less than 15,000, upon making a finding pursuant to a public hearing that a city industrial park is necessary to meet the needs of the city, and that no private enterprise has presented an acceptable proposal for industrial development, may develop a plan and establish requirements for the:

(a) Acquisition, sale or lease of real property by the city for industrial development; and

(b) Design, engineering and construction of industrial developments.

1. The governing body shall:

(a) Give notice of its intention by publication at least once in a newspaper of general circulation published in the city, or if there is no such newspaper then in a newspaper of general circulation in the city published in the State; and

(b) Hold its public hearing not less than 10 nor more than 20 days after the date of publication of the notice.

1. The governing body may grant an option to purchase property designated for industrial development. The duration of the option must not exceed 3 years but afterward the governing body may extend it year by year. Any attempted assignment of the option, whether contractual or effected by operation of law, is void. Upon its execution, the option must immediately be recorded by the governing body with the county recorder.

2. After review by the planning commission, a member of the governing body or the purchaser or lessee of the property shall present the proposed plan for an industrial development to the governing body.

3. The governing body shall, after a public hearing, approve or reject the proposed plan.

(Added to NRS by 1981, 376 ; A 1989, 1913 ; 2001, 1962 )

NRS 268.120

NRS

268.120

Members: Appointment; terms of office; vacancies.

1. The city planning commission shall consist of the mayor, the city attorney, the city engineer, ex officio, and 7 other members to be appointed by the mayor, not more than 2 of whom shall be nonresidents of the city.

2. At the first meeting of the commission, the 7 appointed members shall choose their term of office by lot, as follows: 1 for 1 year; 2 for 2 years; 2 for 3 years; and 2 for 4 years. Their successors shall hold office for 4 years.

3. Any vacancies shall be filled by the mayor for the unexpired term.

[2:131:1921; NCL § 1268]

NRS 268.4294

NRS

268.4294

Hearing: Notice; investigation; grant, denial or conditioning of license; issuance of license.

1. Upon receipt of a complete application and the application fee, the clerk shall:

(a) Set the application for public hearing at a regular meeting of the city council, not less than 15 days nor more than 30 days thereafter, and give not less than 10 days’ written notice thereof to the applicant.

(b) Promptly give notice of such hearing and copies of the application to the chief of police, the county health officer and the city engineer, who shall investigate the application and report in writing to the city council, not later than the hearing with appropriate recommendations related to their official functions, as to granting a license and conditions thereof.

1. Based upon the testimony of the witnesses and evidence presented at such hearing, including the reports of such officers, the city council shall grant the license, deny the license or set conditions which must be met, or security given that such conditions will be met, before a license is granted. If conditions are imposed by the city council, the applicant shall furnish or cause to be furnished to the clerk proof that all conditions have been met before the license is issued by the clerk.

2. When the clerk certifies that all conditions have been met, the chief of police shall, upon receipt of a license fee in an amount to be determined by the city council, issue a license for the assembly.

(Added to NRS by 1973, 1300 )

NRS 268.556

NRS

268.556

Application of proceeds; components of cost of project.

1. The proceeds from the sale of any bonds shall be applied only for the purpose for which the bonds were issued and if, for any reason, any portion of such proceeds is not needed for the purpose for which the bonds were issued, such unneeded portion of such proceeds shall be applied to the payment of the principal of or the interest on the bonds.

2. The cost of acquiring, improving and equipping any project shall be deemed to include the actual costs of acquiring and improving a site or the cost of the construction of any part of a project which may be constructed, plus the total of all reasonable or necessary costs incidental to the acquisition, construction, reconstruction, repair, alteration, improvement, equipment and extension of any project, including without limitation:

(a) The cost of studies and surveys;

(b) Plans, specifications, architectural and engineering costs;

(c) Legal, organization, marketing or other special services;

(d) Financing, acquisition, demolition, construction, equipment and site development of new and rehabilitated buildings;

(e) Rehabilitation, reconstruction, repair or remodeling of existing buildings;

(f) Acquisition, installation, construction, reconstruction, repair, alteration and improvement of fixtures, machinery, equipment and furnishings;

(g) An initial bond and interest reserve together with interest on bonds issued to finance such project to a date 6 months subsequent to the estimated date of completion; and

(h) All other necessary and incidental expenses.

(Added to NRS by 1967, 1757 ; A 1977, 597 )

NRS 268.578

NRS

268.578

Plans for extension of services to territory proposed to be annexed; contents of report.

Any city exercising authority under NRS 268.570

to 268.608 , inclusive, shall make plans for the extension of services to the territory proposed to be annexed and shall, at least 20 days before the public hearing provided for in NRS 268.590 , prepare and file with its city clerk a report setting forth the plans to provide services to the territory. The report must include:

1. An accurate map or plat of the territory proposed to be annexed, prepared under the supervision of a competent surveyor or engineer.

2. A map or maps of the city and the adjacent territory to show the following information:

(a) The present and proposed boundaries of the annexing city.

(b) The present streets and sewer interceptors and outfalls and, if the annexing city operates its own water system or furnishes other utility services, the present major trunk water lines and other utility lines.

(c) The proposed extensions of the present streets, sewer interceptors and outfalls, major trunk water mains and utility lines, as the case may be, as required in subsection 4.

(d) The present and proposed general land use pattern in the territory proposed to be annexed.

1. A statement showing that the territory proposed to be annexed meets the requirements of NRS 268.580 .

2. A statement setting forth the plans of the annexing city for extending into the territory proposed to be annexed each major municipal service performed within the annexing city at the time of annexation. Specifically, such plans:

(a) Must provide for extending police protection, fire protection, street maintenance and garbage collection to the territory proposed to be annexed on the effective date of the annexation, on substantially the same basis and in the same manner as such services were provided by the annexing city to the property owners and residents within the remainder of the city immediately before the effective date of the annexation.

(b) Must provide for the extension of streets, sewer interceptors and outfalls and other major municipal services into the territory proposed to be annexed so that when the streets and utility services are so extended, property owners and residents in the territory proposed to be annexed will be able to secure such services, according to the policies in effect in the annexing city for furnishing such services to individual lots or subdivisions.

(c) May provide that the extension of streets, sewer interceptors and outfalls and other major municipal services be done at the expense of the property owners in the territory proposed to be annexed, if it is the policy of the annexing city, at the time of the annexation, to furnish such services to individual lots or subdivisions at the expense of the property owners, either by means of special assessment districts or the requirement of the dedication of essential rights-of-way and the installation of off-site improvements as a prerequisite to the approval of subdivision plats or to the issuance of any building permit, rezoning, zone variance or special use permit. In that event, the plans must designate which services, or portions thereof, will be extended at the expense of the annexing city and which services, or portions thereof, will be extended at the expense of the property owners. Services extended at the property owners’ cost must be distributed and allocated to each parcel of property based on current costs, including both improvement costs and projected service costs, and must be a part of the annexation plan prepared by the municipality.

(d) Must, if the extension of any streets, sewer interceptors and outfalls or other major municipal services into the territory proposed to be annexed is to be done at the expense of the annexing city, set forth a proposed schedule for the construction of the extensions as soon as possible following the effective date of the annexation. In any event, the plans must call for contracts to be let and construction to begin within 24 months following the effective date of the annexation.

(e) Must set forth the method under which the annexing city plans to finance the extension of any services into the territory proposed to be annexed which is to be done at the expense of the annexing city.

(Added to NRS by 1967, 1602 ; A 1981, 344 )

NRS 268.600

NRS

268.600

Preparation of map or plat of annexed territory; recording of map or plat and ordinance; county recorder to provide copy of map or plat or access to digital map or plat to county assessor.

1. Whenever the corporate limits of any city are extended in accordance with the provisions of NRS 268.570 to 268.608 , inclusive, the governing body of such city shall cause an accurate map or plat of the annexed territory, prepared under the supervision of a competent surveyor or engineer, together with a certified copy of the annexation ordinance in respect thereof, to be recorded in the office of the county recorder of the county in which such territory is situated, which recording shall be done prior to the effective date of the annexation as specified in the annexation ordinance. A duplicate copy of such map or plat and such annexation ordinance shall be filed with the Department of Taxation.

2. A county recorder who records a map or plat pursuant to this section shall, within 7 working days after recording the map or plat, provide to the county assessor at no charge:

(a) A duplicate copy of the map or plat and any supporting documents; or

(b) Access to the digital map or plat and any digital supporting documents. The map or plat and the supporting documents must be in a form that is acceptable to the county recorder and the county assessor.

(Added to NRS by 1967, 1608 ; A 1973, 1081 ; 1975, 1682 ; 2001, 1558 ; 2003, 2783 )

NRS 268.632

NRS

268.632

Services of planning commission and county officers.

The county or regional planning commission, if any, shall render advisory services to the city annexation commission upon its request. Other county officers, including, without limitation, the county engineer and the district attorney, shall cooperate with the city annexation commission by furnishing information and staff services within their respective fields.

(Added to NRS by 1967, 1621 )

NRS 269.260

NRS

269.260

Ex officio fire wardens: Appointment; duties.

1. The police officers appointed under the provisions of NRS 269.240 are ex officio fire wardens of the unincorporated towns for which they are acting as police officers.

2. The fire wardens shall:

(a) In the daytime, examine all houses, buildings or superstructures within the town where they are acting as fire wardens and police officers, and ascertain from personal examination the condition of all the chimneys, stovepipes, stoves, flues, ranges, grates, furnaces or other articles, or anything used in the houses, buildings or superstructures in which to hold fire or to conduct the smoke from any fire.

(b) When any of the articles or fixtures mentioned in paragraph (a) are found to be so defective in make or material, or so situated as to endanger any of the property of the town, or the property of any of the inhabitants thereof, to loss from fire by or on account of any of the defects, notify in writing the owner or occupant of the house, building or superstructure where such defective chimney, flue, stovepipe or other article is situated to repair it, so as to prevent danger from fire to the property in the town.

(c) Direct the manner in which the repairs required by the provisions of paragraph (b) must be made.

(d) Under the direction of the chief engineer of the fire department, where there is one, and where there is no chief engineer of a fire department in a town, then under the direction of the town board or board of county commissioners, examine streets, alleys, outlots and the surrounding of houses and buildings in the town where they are acting as fire wardens, and direct the removal, by the owner of the premises, of any inflammable matter or material found thereon.

(e) Generally, perform such duties as directed by the town board or board of county commissioners or the chief of the fire department in the town, to protect fully the property of the town from loss by conflagration.

[Part 1:56:1875; BH § 2155; C § 2277; RL § 903; NCL § 1290] + [2:56:1875; BH § 2156; C § 2278; RL § 904; NCL § 1291]—(NRS A 1967, 1733 ; 1983, 125 )

NRS 270.020

NRS

270.020

Survey may be made; preparation and contents of map.

1. The city council, or other legislative board of any such city, upon its own motion or resolution or upon the petition of any property holder and taxpayer within the city, affected by such loss, destruction, uncertainty, ambiguity, confusion or conflict, may instruct and employ the city surveyor or the county surveyor of the county in which the city is situate, or any other professional land surveyor, to make a complete survey of such city or of such part thereof or addition thereto and to prepare a correct and accurate map or plat of such survey, upon which map or plat all of the blocks, lots, streets, alleys, highways, parks, school property, cemeteries and other properties devoted to public use must be shown.

2. The map or plat must show by course and distance accurate ties with well-known and established section, or quarter section, corner or corners, and with some permanent artificial monument or monuments erected or constructed with definite and exact relation to the center line of the streets of such city or such part thereof or addition thereto and with such marks or monuments of original surveys as may be found and identified, together with an accurate description of each such section, or quarter section, corner, monument or mark.

3. The map must be entitled substantially as follows: “Map of survey of city of ................(or of........ addition to city of ................, as the case may be) under the provisions of chapter 270 of NRS and in accordance with a resolution of the board of supervisors of the city of ................ (or as the case may be). Passed ................ (giving date).”

4. The map must bear the sworn certificate of the surveyor making the same and must be made upon vellum, tracing cloth or other material of a permanent nature generally used for such purpose in the engineering profession, and must be drawn to a convenient scale sufficiently large to show clearly all lines and corners of blocks, lots, streets, alleys, highways, parks, school property, cemeteries and other property devoted to public use. Where there is any uncertainty as to the correct position, description or line of any lot, block, street, alley or other piece or parcel of property affected, or wherever there is a conflict or contradiction in point, line, numbering, lettering or other description, by reason of conflicting maps, theretofore filed or recorded, or by reason of mistakes or inaccuracies in any prior map or plat, or otherwise, the same must be clearly shown or indicated. Wherever the line on which fences, buildings or other improvements have been built in accordance with prior maps, plats or surveys, or otherwise, and the same appear to be in conflict with the lines, points or directions, as shown in the map or plat herein provided for, such conflict or conflicts must likewise be clearly shown.

5. The map may be prepared in as many sections and with such changes in scale as may be necessary to show clearly the matters herein required.

[2:120:1919; 1919 RL p. 2664; NCL § 1356]—(NRS A 1960, 136 ; 1977, 1515 ; 1989, 789 )

NRS 270.030

NRS

270.030

Compensation of surveyor; employment of other engineers.

1. The city council or other legislative board of the city shall allow to the city engineer or county engineer or other engineer employed for making such survey and maps a reasonable compensation for the services of the engineer so employed and for the services of such assistant or assistants as that engineer may employ in the work and such expenses as are necessary to mark permanently the points and lines of such survey.

2. In the event that the engineer employed shall for any reason fail to complete the work within a reasonable time, the board or council may employ such other and further engineers or surveyors as may be necessary to complete the work.

[3:120:1919; 1919 RL p. 2664; NCL § 1357]

NRS 271.070

NRS

271.070

“Cost” and “cost of project” defined.

“Cost,” or “cost of the project,” or words of similar import, means all or any part designated by the governing body of the cost of any facilities, project, or interest therein, being acquired, which cost, at the option of the governing body may include all or any part of the incidental costs pertaining to the project, including without limiting the generality of the foregoing, preliminary expenses advanced by the municipality from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, assessment plats, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the levy of assessments, the issuance of securities, the filing or recordation of instruments, the discounting of bonds, interest on interim warrants, the levy and collection of assessments and installments thereof, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the governing body.

(Added to NRS by 1965, 1350 )

NRS 271.135

NRS

271.135

“Mailed notice” and “notice by mail” defined.

“Mailed notice” or “notice by mail” means the giving by the engineer, clerk, or any deputy thereof, as determined by the governing body, of any designated written or printed notice addressed to the last known owner or owners of each tract being assessed or other designated person at the last known address of each by deposit, at least 20 days prior to the designated hearing or other time or event, in the United States mails, postage prepaid as first-class mail. The names and addresses of such property owners shall be obtained from the records of the county assessor or from such other source or sources as the clerk or the engineer deems reliable. Any list of such names and addresses appertaining to any improvement district may be revised from time to time, but such a list need not be revised more frequently than at 12-month intervals. Any mailing of any notice herein required shall be verified by the affidavit or certificate of the engineer, clerk, the deputy, or other person mailing the notice, which verification shall be retained in the records of the municipality at least until all assessments and bonds appertaining thereto have been paid in full, or any claim is barred by a statute of limitations. Such affidavit of mailing shall be prima facie evidence of the mailing of such notice in accordance with the requirements of this section.

(Added to NRS by 1965, 1352 )

NRS 271.280

NRS

271.280

Procedure for provisional order.

1. Whenever the governing body of a municipality determines to form an improvement district to conduct any project, the engineer shall prepare and file with the clerk:

(a) Preliminary plans showing:

(1) A typical section of the contemplated improvement.

(2) The type or types of material, approximate thickness and wideness.

(3) A preliminary estimate of the cost of the project, including incidental costs.

(b) An assessment plat showing:

(1) The area to be assessed.

(2) Except as otherwise provided in NRS 271.378 and 271.379 , the amount of maximum benefits estimated to be assessed against each tract in the assessment area.

(c) If a resolution of the governing body does not otherwise provide, the information required pursuant to the provisions of subsections 2 to 7, inclusive.

Ê The governing body is not required to employ the services of an appraiser to estimate or to assist the engineer in estimating the benefits to be derived from the project.

1. The preliminary plans may provide for one or more types of construction, and the engineer shall separately estimate the cost of each type of construction. The estimate may be made in a lump sum or by unit prices, as the engineer determines is most desirable for the improvement complete in place.

2. A resolution or document prepared by the engineer pursuant to subsection 1 must describe the project in general terms.

3. The resolution or document must state:

(a) What part or portion of the expense of the project is of special benefit and therefore is to be paid by assessments.

(b) What part, if any, has been or is proposed to be defrayed with money derived from other than the levy of assessments.

(c) The basis by which the cost will be apportioned and assessments levied.

1. If the assessment is not to be made according to front feet, the resolution or document must:

(a) By apt description designate the improvement district, including the tracts to be assessed.

(b) Describe definitely the location of the project.

(c) State that the assessment is to be made upon all the tracts benefited by the project proportionately to the benefits received.

1. If the assessment is to be upon the abutting property upon a frontage basis, it is sufficient for the resolution or document so to state and to define the location of the project to be made.

2. It is not necessary in any case to describe minutely in the resolution or document each particular tract to be assessed, but simply to designate the property, improvement district or the location, so that the various parts to be assessed can be ascertained and determined to be within or without the proposed improvement district.

3. If the preliminary plans include a neighborhood improvement project, then in addition to the other requirements in this section, before the plans are ratified by the governing body, the plans must include a plan for the management of the proposed improvement district which must include, without limitation:

(a) The improvements proposed for each year of the first 5 fiscal years of the proposed improvement district;

(b) An estimate of the total amount to be expended on improvements in the first year of operation;

(c) A list of any other special assessments that are currently being levied within the proposed improvement district;

(d) The name of any proposed association; and

(e) Any other matter that the governing body requires to be set forth in the plan.

1. Upon the filing of the plans, plat and, if the engineer prepares a document pursuant to paragraph (c) of subsection 1, the document prepared by the engineer pursuant to paragraph (c) of subsection 1, they must be examined by the governing body. If the plans, plat and document, if any, are found to be satisfactory, the governing body shall make a provisional order by resolution to the effect that the project will be acquired or improved, or both acquired and improved.

(Added to NRS by 1965, 1356 ; A 1991, 668 , 1872 ;

1999, 854 , 2865 ;

2005, 1825 ; 2015, 145 ; 2017, 2205 )

NRS 271.305

NRS

271.305

Provisional order: Provision and contents of notice of hearing; restrictions on changes after provision of notice.

1. In the provisional order the governing body shall set a time, at least 20 days thereafter, and a place at which the owners of the tracts to be assessed, or any other interested persons, may appear before the governing body and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered. If a mobile home park is located on one or more of the tracts to be assessed, the notice must be given to the owner of the tract and each tenant of that mobile home park.

2. Notice must be given:

(a) By publication.

(b) By mail.

(c) By posting.

1. Proof of publication must be by affidavit of the publisher.

2. Proof of mailing and proof of posting must be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.

3. Proof of publication, proof of mailing and proof of posting must be maintained in the records of the municipality until all the assessments appertaining to the project have been paid in full, including principal, interest, any penalties, and any collection costs.

4. The notice may be prepared by the engineer and ratified by the governing body, and, except as otherwise provided in subsection 7, must state:

(a) The kind of project proposed.

(b) The estimated cost of the project, and the portion, if any, to be paid from sources other than assessments.

(c) The basis for apportioning the assessments, which assessments must be in proportion to the special benefits derived to each of the several tracts comprising the assessable property and on a front foot, area, zone or other equitable basis.

(d) The number of installments and time in which the assessments will be payable.

(e) The maximum rate of interest on unpaid installments of assessments.

(f) The extent of the improvement district to be assessed, by boundaries or other brief description.

(g) The time and place of the hearing where the governing body will consider all objections to the project.

(h) That all written objections to the project must be filed with the clerk of the municipality at least 3 days before the time set for the hearing.

(i) If the project is not a neighborhood improvement project, that pursuant to NRS 271.306 , if a majority of the property owners to be assessed for a project proposed by a governing body object in writing within the time stated in paragraph (h), the project must not be acquired or improved unless:

(1) The municipality pays one-half or more of the total cost of the project, other than a park project, with money derived from other than the levy or assessments; or

(2) The project constitutes not more than 2,640 feet, including intersections, remaining unimproved in any street, including an alley, between improvements already made to either side of the same street or between improvements already made to intersecting streets.

(j) That the description of the tracts to be assessed, the maximum amount of benefits estimated to be conferred on each such tract and all proceedings in the premises are on file and can be examined at the office of the clerk.

(k) Unless there will be no substantial change, that a substantial change in certain existing street elevations or grades will result from the project, without necessarily including any statement in detail of the extent or location of any such change.

(l) That a person should object to the formation of the district using the procedure outlined in the notice if the person’s support for the district is based upon a statement or representation concerning the project that is not contained in the language of the notice.

(m) That if a person objects to the amount of maximum benefits estimated to be assessed or to the legality of the proposed assessments in any respect:

(1) The person is entitled to be represented by counsel at the hearing;

(2) Any evidence the person desires to present on these issues must be presented at the hearing; and

(3) Evidence on these issues that is not presented at the hearing may not thereafter be presented in an action brought pursuant to NRS 271.315 .

(n) If the project is a neighborhood improvement project, that:

(1) A person who owns or resides within a tract in the proposed improvement district may file a protest to inclusion in the assessment plat pursuant to NRS 271.392 ; and

(2) Pursuant to NRS 271.306 , if written remonstrances by the owners of tracts constituting one-third or more of the basis for the computation of assessments for the neighborhood improvement project are presented to the governing body, the governing body shall not proceed with the neighborhood improvement project.

1. The notice need not state either or both of the exceptions stated in subsection 2 of NRS 271.306 unless either or both of the exceptions are determined by the governing body or the engineer to be relevant to the proposed improvement district to which the notice appertains.

2. All proceedings may be modified or rescinded wholly or in part by resolution adopted by the governing body, or by a document prepared by the engineer and ratified by the governing body, at any time before the passage of the ordinance adopted pursuant to NRS 271.325 , creating the improvement district, and authorizing the project.

3. No substantial change in the improvement district, details, preliminary plans or specifications or estimates may be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except:

(a) As otherwise provided in NRS 271.640 to 271.646 , inclusive; or

(b) For the deletion of a portion of a project and property from the proposed program and improvement district or any assessment unit.

1. The engineer may make minor changes in time, plans and materials entering into the work at any time before its completion.

2. If the ordinance is for a neighborhood improvement project, notice sent pursuant to this section must be sent by mail to each person who owns real property which is located within the proposed improvement district and to each tenant who resides or owns a business located within the proposed improvement district.

(Added to NRS by 1965, 1359 ; A 1969, 1413 ; 1989, 460 , 523 ,

638 ;

1991, 669 , 1873 ;

1993, 290 ; 1999, 2868 ; 2011, 2913 ; 2015, 149 )

NRS 271.307

NRS

271.307

Preparation of document by engineer without prior direction of governing body.

When expressly authorized by a provision of this chapter and the conditions of paragraph (a) or (b), or both, of subsection 2 of NRS 271.306 are satisfied, the engineer may prepare a document required by this chapter without the prior direction of the governing body, and the governing body may ratify the document by ordinance or resolution upon determining that the document is satisfactory. The determination of the governing body is conclusive.

(Added to NRS by 1991, 1872 )

NRS 271.320

NRS

271.320

Procedure after hearing; modification; division into construction units.

1. After the hearing and after the governing body has:

(a) Disposed of all complaints, protests and objections, oral and in writing;

(b) Determined that it is not prevented from proceeding pursuant to subsection 3 or 4 of NRS 271.306 ; and

(c) Determined that:

(1) Either or both exceptions stated in subsection 2 of NRS 271.306 apply; or

(2) There were not filed with the clerk complaints, protests and objections in writing and signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments stated in the notice, of the tracts to be assessed in the improvement district or in the assessment unit, if any,

Ê and the governing body has jurisdiction to proceed, the governing body shall determine whether to proceed with the improvement district, and with each assessment unit, if any, except as otherwise provided in this chapter.

1. Except as otherwise provided in NRS 271.640 to 271.646 , inclusive, if the governing body desires to proceed and desires any modification, by motion or resolution it shall direct the engineer to prepare and present to the governing body:

(a) A revised and detailed estimate of the total cost, including, without limiting the generality of the foregoing, the cost of acquiring or improving each proposed project and of each of the incidental costs. The revised estimate does not constitute a limitation for any purpose.

(b) Full and detailed plans and specifications for each proposed project designed to permit and encourage competition among the bidders, if any project is to be acquired by construction contract.

(c) A revised map and assessment plat showing respectively the location of each project and the tracts to be assessed therefor, not including any area or project not before the governing body at a provisional order hearing.

1. That resolution, a separate resolution, or the ordinance creating the improvement district may combine or divide the proposed project or projects into suitable construction units for the purpose of letting separate and independent contracts, regardless of the extent of any project constituting an assessment unit and regardless of whether a portion or none of the cost of any project is to be defrayed other than by the levy of special assessments. Costs of unrelated projects must be segregated for assessment purposes as provided in this chapter.

(Added to NRS by 1965, 1361 ; A 1991, 1876 ; 1999, 2871 ; 2011, 2915 )

NRS 271.325

NRS

271.325

Resolution of governing body; adoption and amendment of ordinance creating district; recording list of tracts and estimated assessments; overlapping boundaries of neighborhood improvement projects prohibited.

1. When an accurate estimate of cost, full and detailed plans and specifications and map are prepared, are presented and are satisfactory to the governing body, it shall, by resolution, make a determination that:

(a) Public convenience and necessity require the creation of the district; and

(b) The creation of the district is economically sound and feasible.

Ê This determination may be made part of the ordinance creating the district adopted pursuant to subsection 2 and is conclusive in the absence of fraud or gross abuse of discretion.

1. The governing body may, by ordinance, create the district and order the proposed project to be acquired or improved. This ordinance may be adopted and amended as if an emergency existed.

2. The ordinance must prescribe:

(a) The extent of the improvement district to be assessed, by boundaries or other brief description, and similarly of each assessment unit therein, if any.

(b) The kind and location of each project proposed, without mentioning minor details.

(c) The amount or proportion of the total cost to be defrayed by assessments, the method of levying assessments, the number of installments and the times in which the costs assessed will be payable.

(d) The character and extent of any construction units.

1. The engineer may further revise the cost, plans and specifications and map from time to time for all or any part of any project, and the ordinance may be appropriately amended. Except as otherwise provided in NRS 271.640 to 271.646 , inclusive, such amendment must take place before letting any construction contract therefor and before any work being done other than by independent contract let by the municipality.

2. The ordinance, if amended, must order the work to be done as provided in this chapter.

3. Upon adoption or amendment of the ordinance, the governing body shall cause to be recorded in the office of the county recorder a certified copy of a list of the tracts to be assessed and the amount of maximum benefits estimated to be assessed against each tract in the assessment area, as shown on the assessment plat as revised and approved by the governing body pursuant to NRS 271.320 . Neither the failure to record the list as provided in this subsection nor any defect or omission in the list regarding any parcel or parcels to be included within the district affects the validity of any assessment, the lien for the payment thereof or the priority of that lien.

4. The governing body may not adopt an ordinance creating or modifying the boundaries of an improvement district for a neighborhood improvement project if the boundaries of the improvement district overlap an existing improvement district created for a neighborhood improvement project.

(Added to NRS by 1965, 1362 ; A 1989, 255 , 525 ;

1991, 1876 ; 1995, 390 ; 1999, 2872 ; 2001, 1758 ; 2011, 2916 ; 2015, 151 )

NRS 271.345

NRS

271.345

Cooperative construction.

1. In the case of construction work done by agreement with one or more public bodies or the Federal Government, or both, for any project, or portion thereof, in any improvement district, the municipality may enter into and carry out any contract or establish or comply with the rules and regulations concerning labor and materials and other related matters in connection with any project or portion thereof as the municipality may deem desirable or as may be requested by the Federal Government or any public body other than the municipality which other public body is a party to any such contract with the municipality, that may assist in the financing of any project or any part thereof, regardless of whether the municipality is a party to any construction contract or other contract appertaining to incurring costs of the project.

2. Any project or projects, any portion of the costs of which may be defrayed by the municipality by the levy of special assessments hereunder, may be acquired with the cooperation and assistance of, or under a contract or contracts let by, or with labor, or supplies and materials, or all of such furnished by, any one or more such public bodies or the Federal Government, or both.

3. Advantage may be taken of any offer from any source to complete any project or projects on a division of expense or responsibility.

4. The engineer on behalf of and in the name of the municipality is authorized to acquire or improve any such project or projects in such a manner, when so authorized by the ordinance creating the improvement district or any amendment thereto.

(Added to NRS by 1965, 1364 )

NRS 271.355

NRS

271.355

Interim warrants.

1. For the purpose of paying any contractor or otherwise defraying any costs of the project as the costs become due from time to time until money is available therefor from the levy and collection of assessments and any issuance of bonds, the governing body may issue interim warrants.

2. Any interim warrants issued for any construction work may be issued only upon estimates of the engineer.

3. Any interim warrants must:

(a) Bear such date or dates;

(b) Mature in such denomination or denominations at such time or times, or at any time upon call;

(c) Except as otherwise provided in NRS 99.067 , bear interest at a rate or rates which do not exceed by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted; and

(d) Be payable in such medium of payment at such place or places within and without the State, including but not limited to the county treasurer,

Ê as the governing body may determine.

1. Any interim warrants may be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be general obligations for the payment of which the governing body pledges the full faith and credit of the municipality, or may be special obligations payable from designated special assessments, any bond proceeds, and any other money designated to be available for the redemption of such interim warrants, and generally must be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the governing body by ordinance.

2. An ordinance for the issuance of interim warrants may be adopted or amended as if an emergency existed.

(Added to NRS by 1965, 1365 ; A 1971, 2100 ; 1975, 845 ; 1981, 1407 ; 1983, 578 ; 1991, 1878 ; 2009, 2657 )

NRS 271.360

NRS

271.360

Order for proposed assessment roll; form of roll; postponement of assessments on property for which hardship determination has been approved; effect of improper designation.

1. After the making of any construction contract, or after the determination of the net cost to the municipality, but not necessarily after the completion of the project, the governing body, by resolution or by a document prepared by the engineer and ratified by the governing body, shall:

(a) Determine the cost of the project to be paid by the assessable property in the improvement district.

(b) Order the engineer to make out an assessment roll, or ratify his or her roll already made, containing, among other things:

(1) The name of each last known owner of each tract to be assessed, or if not known, that the name is “unknown.”

(2) A description of each tract to be assessed, and the amount of the proposed assessment thereon, apportioned upon the basis for assessments stated in the provisional order for the hearing on the project.

(c) Cause a copy of the resolution or ratified document to be furnished by the clerk to the engineer.

1. In fixing the amount or sum of money that may be required to pay the costs of the project, the governing body need not necessarily be governed by the estimates of the costs of such project provided for herein, but the governing body may fix such other sum, within the limits prescribed, as it may deem necessary to cover the cost of such project.

2. Before ordering the engineer to make out an assessment roll or ratifying his or her roll already made, the governing body shall consider all applications for hardship determinations and the recommendations made by the social services agency and make a final decision on each application. The governing body shall direct the engineer to postpone the assessments on property for which a hardship determination has been finally approved. A property owner whose hardship determination is approved shall pay interest on the unpaid balance of previous and current assessments at the same rate and terms as are established for other assessments in the manner provided by the governing body. The assessment must remain postponed until the earlier of the following occurrences:

(a) The property is sold or transferred to a person other than one to whom a hardship determination has been granted;

(b) The term of the bonds expires;

(c) The property owner’s application for renewal of the hardship determination is disapproved;

(d) The property owner fails to pay the interest on the unpaid balance of assessments in a timely manner; or

(e) The property owner pays all previous and current assessments.

1. A property owner may pay all previous and current assessments at any time before they become due without penalty.

2. The governing body shall not sell bonds on the basis of the assessments for which hardship determinations have been approved. A special fund for the payment of the costs of the project assessed against property for which hardship determinations have been made must be created. The fund must be reimbursed when the balance of unpaid assessments are paid, including all interest paid during the period of postponement. The surplus and deficiency fund established pursuant to NRS 271.428 may be used as the special fund.

3. If by mistake or otherwise any person is improperly designated in the assessment roll as the owner of any tract, or if the same is assessed without the name of the owner, or in the name of a person other than the owner, such assessment shall not for that reason be vitiated but shall, in all respects, be as valid upon and against such tract as though assessed in the name of the owner thereof; and when the assessment roll has been confirmed, such assessment shall become a lien on such tract and be collected as provided by law.

(Added to NRS by 1965, 1366 ; A 1991, 1879 )

NRS 271.365

NRS

271.365

Method of computing and limitations upon assessments.

1. If the assessment is made upon the basis of frontage, the engineer shall assess each tract with such relative portion of the whole amount to be levied as the length of front of such premises bears to the whole frontage of all the tracts to be assessed, and the frontage of all tracts to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the engineer.

2. If the assessment is directed to be according to another basis, the engineer shall assess upon each tract such relative portion of the whole sum to be levied as is proportionate to the estimated benefit according to such basis.

3. Regardless of the basis used, in cases of wedge or V or any other irregularly shaped tracts, an amount apportioned thereto shall be in proportion to the special benefits thereby derived.

4. No assessment shall exceed the amount of the estimate of maximum special benefits to the tract assessed, as provided in subsection 2 of NRS 271.300 .

5. No assessment for any one project shall exceed the reasonable market value of the tract assessed, as determined by the governing body.

6. Any amount which would be assessed against any tract in the absence of both limitations provided in subsections 4 and 5 shall be defrayed by other than the levy of assessments.

(Added to NRS by 1965, 1366 )

NRS 271.370

NRS

271.370

Determination of assessable tracts.

The governing body shall determine what amount or part of every expense shall be charged as an assessment and the tracts upon which the same shall be levied; and as often as the governing body deems it expedient, it shall require all of the several tracts chargeable therewith respectively to be reported by the clerk to the engineer for assessment.

(Added to NRS by 1965, 1367 )

NRS 271.375

NRS

271.375

Preparation of proposed assessment roll; report to governing body.

1. The engineer shall make an assessment roll and state a proposed assessment therein upon each tract to be assessed, and he or she shall thereby defray the whole amount or amounts of all charges so directed to be levied upon each of such tracts respectively. When completed, the engineer shall report the assessment roll to the governing body.

2. When any assessment is reported by the engineer to the governing body, as directed in this section, the roll must be filed in the office of the clerk and numbered.

3. The report must be signed by the engineer and made in the form of a certificate endorsed on the assessment roll as follows:

(Form of Certificate)

State of Nevada }

}ss.

County of.................. }

To the (insert “City Council,” or “Board of County Commissioners,” or other name of governing body) of ................................, Nevada:

I hereby certify and report that the foregoing is the assessment roll and assessments made by me for the purpose of paying that part of the cost which you decided should be paid and borne by special assessments for ................ Improvement District No. ..........; that in making such assessments, I have, as near as may be, and according to my best judgment, conformed in all things to the provisions of chapter 271 of NRS.

.......................................................................

Engineer

Dated at......................., Nevada, ........... (month) …….. (day) …….. (year)

(Added to NRS by 1965, 1367 ; A 1991, 1880 ; 2001, 49 )

NRS 271.450

NRS

271.450

Procedure to place previously omitted property upon assessment roll.

1. Whenever by mistake, inadvertence or for any cause any tract otherwise subject to assessment, within any improvement district, shall have been omitted from the assessment roll for such project, the governing body of the municipality may, upon its own motion or upon the application of the owner of any tract within such improvement district charged with the lien of an assessment for any project, assess the same in accordance with the special benefits accruing to such omitted property by reason of such project, and in proportion to the assessments levied upon other tracts in such improvement district.

2. In any such case, the governing body shall first pass a resolution setting forth that certain tract therein described was omitted from such assessment, and notifying all persons who may desire to object thereto to appear at a meeting of the governing body at a time specified in such resolution and present their objection thereto, and directing the engineer to report to the governing body at or prior to the date fixed for such hearing the amount which should be borne by each such tract so omitted, which notice resolution shall be published and given by mail to the last known owner or owners of each such tract.

3. At the conclusion of such hearing or any adjournment thereof, the governing body shall consider the matter as though the tract had been included upon the original roll, and may confirm the same or any portion thereof by ordinance.

4. Thereupon, the assessment or assessments on such roll of each omitted tract shall be collected, the payment of which shall be secured by an assessment lien, as other assessments.

(Added to NRS by 1965, 1371 )

NRS 271.485

NRS

271.485

Bonds: Sale; rate of interest; proceeds; validity; contract to sell special assessment bonds.

1. Any bonds issued pursuant to this chapter may be sold in such a manner as may be approved by the governing body to defray the cost of the project, including all proper incidental expenses. The governing body may issue a single issue of bonds to defray the costs of projects in two or more improvement districts if the principal amount of those bonds does not exceed the total uncollected assessments levied in each improvement district.

2. Bonds must be sold in the manner prescribed in NRS 350.105 to 350.195 , inclusive:

(a) For not less than the principal amount thereof and accrued interest thereon; or

(b) At the option of the governing body, below par at a discount not exceeding 9 percent of the principal amount and except as otherwise provided in this paragraph and in NRS 99.067 , 271.487 and 271.730 , at a price which will not result in an effective interest rate which exceeds by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted if the maximum or any lesser amount of discount permitted by the governing body has been capitalized as a cost of the project. If the bonds bear an amount of interest that is included in gross income for the purposes of calculating federal income tax pursuant to the provisions of Title 26 of the United States Code, the net effective interest rate must not exceed twice the maximum interest rate as provided in this paragraph.

1. Except as otherwise provided in subsection 4 and NRS 271.487 and 271.730 , the rate of interest of the bonds must not at any time exceed the rate of interest, or lower or lowest rate if more than one, borne by the special assessments, but any rate of interest of the bonds may be the same as or less than any rate of interest of the assessment, subject to the limitation provided in subsection 2, as the governing body may determine.

2. Except as otherwise provided in NRS 271.730 , if a governing body creates a district pursuant to the provisions of NRS 271.710 , the governing body or chief financial officer of the municipality shall, in consultation with a financial advisor or the underwriter of the bonds, fix the rate of interest of the bonds at a rate of interest such that the principal and interest due on the bonds in each year, net of any interest capitalized from the proceeds of the bonds, will not exceed the amount of principal and interest to be collected on the special assessments during that year.

3. The governing body may employ legal, fiscal, engineering and other expert services in connection with any project authorized by this chapter and the authorization, issuance and sale of bonds.

4. Any accrued interest must be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.

5. Any unexpended balance of the proceeds of the bond remaining after the completion of the project for which the bonds were issued must be paid immediately into the fund created for the payment of the principal of the bonds and must be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.

6. The validity of the bonds must not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.

7. A purchaser of the bonds is not responsible for the application of the proceeds of the bonds by the municipality or any of its officers, agents and employees.

8. The governing body may enter into a contract to sell special assessment bonds at any time but, if the governing body so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the governing body may terminate the contract to sell the bonds, if:

(a) Before awarding the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project; and

(b) It has not elected to proceed pursuant to subsection 2 or 3 of NRS 271.330 , but has elected to proceed pursuant to subsection 1 of that section.

1. If the governing body ceases to have jurisdiction to proceed, because the requisite proportion of owners of the frontage to be assessed, or of the area, zone or other basis of assessment, file written complaints, protests and objections to the project, as provided in

NRS 271.306 , or for any other reason, any contract to sell special assessment bonds is terminated and becomes inoperative.

(Added to NRS by 1965, 1373 ; A 1967, 225 ; 1969, 1287 ; 1971, 2102 ; 1975, 848 ; 1981, 1409 ; 1983, 579 ; 1985, 2173 ; 1989, 257 ; 1991, 1881 ; 1995, 15 , 1022 ;

1999, 856 ; 2005, 1832 ; 2009, 2657 ; 2017, 1398 )

NRS 271.6325

NRS

271.6325

Resolution of governing body specifying procedures for the creation and administration of district; program guide.

1. Before creating a district pursuant to NRS 271.6312 , a governing body must adopt a resolution which specifies the procedures for the creation and administration of such a district.

2. The resolution adopted pursuant to subsection 1 must approve a program guide that contains, without limitation:

(a) A draft voluntary assessment agreement between the municipality and the property owner;

(b) A draft notice of assessment and assessment lien; and

(c) A draft assignment of the assessment and the assessment lien.

1. The resolution adopted pursuant to subsection 1 or the program guide approved pursuant to subsection 2 must:

(a) Require that the property owner agree to the assessment in the amount approved by the governing body as repayment for the financing of the qualified improvement project.

(b) Require that the property owner acknowledge that an assessment lien will be recorded on the real property pursuant to NRS 271.63165 to secure the repayment of the financing set forth in the financing agreement.

(c) Prohibit any financing agreement the duration of which exceeds the expected useful life of the qualified improvement project or, if the qualified improvement project includes more than one qualified improvement, the weighted average expected life of all qualified improvements included in the qualified improvement project that are financed by the financing agreement or bond issuance.

(d) Describe the application and eligibility requirements for real property to be included in a district, including, without limitation, with respect to a resiliency project. Such provisions must set forth:

(1) The nature of resiliency improvements that may be included in a resiliency project;

(2) The standards and codes that must be met for a resiliency project to be a qualified improvement; and

(3) The types of licensed professionals who are approved by the municipality to determine whether the resiliency project meets the definition set forth in NRS 271.6309 , as required by NRS 271.6312 , including, without limitation, whether a specific type of resiliency project needs to be approved by:

(I) An architect registered pursuant to chapter 623 of NRS;

(II) A landscape architect registered pursuant to chapter 623A of NRS;

(III) A professional engineer licensed pursuant to chapter 625 of NRS;

(IV) An environmental health specialist that has a certificate of registration pursuant to chapter 625A of NRS;

(V) A land use planner certified by the American Institute of Certified Planners; or

(VI) Any other licensed professional person, as set forth in the resolution or program guide.

(e) Describe the requirements to be a capital provider.

(f) Require each application to be reviewed on its own merits.

(g) Require each application to include the submission of the analysis or feasibility study required pursuant to NRS 271.6312 .

(h) Provide that any approval of a qualified improvement project by a municipality will only apply to the tract or tracts set forth in the application.

(i) Set forth guidelines for a certified appraiser to determine the fair market value of the property that will be assessed.

1. The resolution or program guide may provide for one or more of the following:

(a) Additional notices of the proposal to create the district, notices of the opportunity to apply for inclusion in the district or any other notices;

(b) Any additional requirements for a qualified improvement project, including, without limitation, any requirement for insurance, security features or additional covenants and agreements that must be entered into by the municipality, capital provider, property owner and, if applicable, lessee;

(c) If applicable:

(1) A reserve of money for bonds issued for the district, the method of funding the reserve and the disposition of any interest earned upon or the principal of the reserve that is not needed to repay any bonds or interim warrants issued for the purposes of financing a qualified improvement project within the district; and

(2) Any other security for those bonds or interim warrants;

(d) Any requirements for casualty insurance, liability insurance or other types of insurance for any project within the district;

(e) The method of determining the lien-to-value ratio of the property for the purpose of complying with the limitation prescribed by paragraph (d) of subsection 2 of NRS 271.6315 ;

(f) Any limitation on the lien-to-value ratio that would result in a lower lien-to-value ratio than that prescribed by paragraph (d) of subsection 2 of NRS 271.6315 ;

(g) Any sources, other than the proceeds of assessments, that will be used to pay:

(1) The cost of construction and installation of improvements financed pursuant to NRS 271.6301 to 271.6325 , inclusive;

(2) The cost of any reserve of money or other security for financing a qualified improvement project pursuant to NRS 271.6301 to 271.6325 , inclusive; or

(3) The cost of engineering work, the cost to issue any bonds or provide other financing, or the cost of other incidentals pursuant to NRS 271.6301 to 271.6325 , inclusive;

(h) Any other security features, covenants required of property owners, covenants required of other parties or any other covenants, guarantees, insurance or other matters which the governing body finds are necessary or desirable for the financing of a qualified improvement project pursuant to NRS 271.6301 to 271.6325 , inclusive;

(i) Any other matters, procedures or financing or program terms which the governing body, in its sole discretion, determines are necessary or desirable to carry out the purposes of NRS 271.6301 to 271.6325 , inclusive, including, without limitation, any requirement related to the estimated benefit conferred on the property by the qualified improvement project;

(j) The amount of, or the basis for determining the amount of, any application or administrative fees that must be paid to the municipality, the program administrator, or both, and the time when any such fee will be due; and

(k) A designation delegating all or any part of the governance and administration of the district to:

(1) The governing body;

(2) A designated official, department or employee of the municipality; or

(3) An independent third party administrator.

1. A resolution adopted pursuant to this section must be adopted by a majority vote of the governing body. Such a resolution is effective upon adoption or on any date thereafter, as provided in the resolution.

(Added to NRS by 2017, 1396 ; A 2021, 3250 )

ADMINISTRATION PURSUANT TO ECONOMIC DEVELOPMENT FINANCING AGREEMENT

NRS 271.641

NRS

271.641

Engineer’s report: Preparation and filing; contents.

Whenever the governing body determines that a modification authorized pursuant to NRS 271.6405 is warranted, the engineer shall prepare and file with the clerk a report showing:

1. The proposed modification of the project;

2. If the modified portion of the project is, as modified, functionally equivalent to that portion of the project before modification, a statement to that effect;

3. The estimated cost of the project, as modified;

4. The amount of maximum special benefits estimated to be derived from the project, as modified, by each tract in the improvement district;

5. The modification, if any, of the assessment on each tract in the improvement district resulting from the modification of the project;

6. The modification, if any, of the assessment installments and the due dates of the assessment installments;

7. A revised map showing the location of the project, as modified;

8. If the assessments on each tract in the improvement district are proposed to be modified, an assessment plat with the modified assessments, apportioned based on the project, as modified; and

9. Whether, upon modification of the project the assessment on each tract in the improvement district will exceed the estimated maximum special benefits to be derived by each such tract from the project.

(Added to NRS by 2011, 2907 )

NRS 271.6415

NRS

271.6415

Modification if protest hearing not required: Conditions; adoption of ordinance.

1. After receipt of the report required pursuant to NRS 271.641 , the governing body may, by ordinance and without a protest hearing, modify the project, the assessments on each tract in the improvement project, the assessment installments and the due dates of the assessment installments as provided in the report pursuant to the provisions of this section if:

(a) The governing body determines that the public convenience and necessity require the modification;

(b) The report prepared and filed by the engineer pursuant to NRS 271.641 states that the modified portion of the project, as modified, is functionally equivalent to that portion of the project before modification;

(c) The estimated cost of the modified portion of the project, as modified, is not greater than the original cost of that portion of the project before modification;

(d) The owner of each tract in the improvement district which is proposed to have its assessment increased has filed written consent to the modification with the clerk;

(e) The aggregate amount of the assessments on the tracts in the improvement district remains the same; and

(f) The governing body determines that, upon modification of the project and, if applicable, the assessments, the amount assessed against each tract in the improvement district does not exceed the maximum special benefits to be derived by each such tract from the project.

1. A determination that is made pursuant to this section is conclusive in the absence of fraud or gross abuse of discretion.

2. An ordinance adopted pursuant to this section may be adopted as if an emergency existed.

(Added to NRS by 2011, 2907 ; A 2015, 157 )

NRS 271.642

NRS

271.642

Modification if protest hearing required: Provisional order; contents and provision of notice of hearing.

1. After receipt of the report required pursuant to NRS 271.641 , if the governing body does not proceed pursuant to NRS 271.6415 , the governing body may make a provisional order by resolution to the effect that the project will be modified.

2. In a provisional order made pursuant to subsection 1, the governing body shall set a time, at least 20 days thereafter, and a place at which the owner of each tract in the improvement district, or any other interested person, may appear before the governing body and be heard as to the propriety and advisability of modifying the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments. If there are permanent residential dwelling units in the improvement district or a mobile home park is located on a tract in the improvement district, the notice must be given to the owner of each such dwelling unit, the owner of the tract on which the mobile home park is located and each tenant of the mobile home park, as applicable.

3. Notice must be given:

(a) By publication.

(b) By mail.

(c) By posting.

1. Proof of publication must be by affidavit of the publisher.

2. Proof of mailing and proof of posting must be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.

3. Proof of publication, proof of mailing and proof of posting must be maintained in the records of the municipality until all the assessments appertaining to the project have been paid in full, including principal, interest, penalties and any collection costs.

4. The notice must be prepared by the engineer, ratified by the governing body and state:

(a) In general terms, the proposed modification of the project.

(b) The estimated cost of the project, as modified, and the amount by which that cost is greater or less than the original cost of the project, as reflected in the ordinance creating the improvement district and ordering the project to be acquired or improved.

(c) The time and place of the hearing where the governing body will consider all objections to the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments.

(d) That all written objections to the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments must be filed with the clerk at least 3 days before the time set for the hearing.

(e) That if the owners of tracts in the improvement district which:

(1) Are proposed to have assessments modified or which derive benefits from the portion of the project proposed to be eliminated or changed or from the additions proposed to be made to the project; and

(2) Upon the modification of the project and, if applicable, the assessments, will in the aggregate have assessments greater than 50 percent of the aggregate amount of the assessments on the tracts in the improvement district which are proposed to have assessments modified or which derive benefits from the portion of the project proposed to be eliminated or changed or from the additions proposed to be made to the project,

Ê object in writing, within the time stated in paragraph (d), to such modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the installments will not be made.

(f) That if the assessment on any tract is increased as a result of the modification of the project, the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments will not be made unless the owner of each such tract has consented in writing to the increase.

(g) That the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments will not be made unless there has been filed with the clerk:

(1) Evidence that the modification is consented to:

(I) By the owners of the bonds for the improvement district which are payable from the assessments; and

(II) In the same manner as amendments to the ordinance creating the improvement district and ordering the project to be acquired or improved, as provided in the ordinance or in the indenture, fiscal agent agreement, resolution or other instrument pursuant to which the bonds are issued; or

(2) An opinion from an independent bond counsel stating that the modification does not materially adversely affect the interests of the owners of the bonds.

(h) That all proceedings regarding and records of the following are available for inspection at the office of the clerk:

(1) The amount of maximum special benefits estimated to be derived from the project, as modified, by each tract in the improvement district;

(2) If applicable, the modified assessment on each tract in the improvement district resulting from the modification of the project; and

(3) If applicable, the modified assessment installments and the due dates of the assessment installments.

(i) That a person may object to the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments using the procedure outlined in the notice.

(j) That if a person objects to the amount of maximum special benefits estimated to be derived from the project, as modified, or to the legality of the proposed modification in any respect:

(1) The person is entitled to be represented by counsel at the hearing;

(2) Any evidence the person wants to present must be presented at the hearing; and

(3) Evidence that is not presented at the hearing may not be presented in an action brought pursuant to NRS 271.6435 .

1. No substantial change in the proposed modification of the project or, if applicable, the assessments, the assessment installments or the due dates of the assessment installments may be made after the first publication, posting or mailing of notice to property owners, whichever occurs first.

(Added to NRS by 2011, 2908 ; A 2015, 158 )

NRS 271.6445

NRS

271.6445

Modification if protest hearing required: Adoption of ordinance modifying project and assessments.

1. If the governing body determines pursuant to NRS 271.644 to proceed with the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments, the governing body may, by ordinance, modify the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments as provided in the report of the engineer filed pursuant to NRS 271.641 if:

(a) The governing body determines that the public convenience and necessity require the modification; and

(b) The governing body finds and determines that, upon the modification, the amount assessed against each tract in the improvement district does not exceed the maximum special benefits to be derived by such tract from the project, as modified.

1. Any determination or finding made by the governing body pursuant to this section is conclusive in the absence of fraud or gross abuse of discretion.

2. An ordinance adopted pursuant to this section may be adopted as if an emergency existed.

(Added to NRS by 2011, 2912 )

NRS 271.645

NRS

271.645

Recording of list of tracts, assessments and special benefits.

1. If assessments are modified pursuant to an ordinance adopted pursuant to NRS 271.6415 or 271.6445 , upon adoption of the ordinance, the governing body shall cause to be recorded in the office of the county recorder a certified copy of a list of the tracts in the improvement district, the amount of the assessment on each such tract and the amount of maximum special benefits to be derived from the project, as modified, by each tract in the improvement district, as shown on the assessment plat provided by the engineer pursuant to NRS 271.641 .

2. Neither the failure to record the list as provided in this section or any defect or omission in the list regarding any parcel or parcels within the district affects the validity of any assessment, the lien for the payment thereof or the priority of that lien.

(Added to NRS by 2011, 2912 )

NRS 271.710

NRS

271.710

Exemption from compliance with certain provisions; agreement with owners of all assessable property in district; powers of governing body; applicability of provisions governing payment of prevailing wage for projects.

1. A governing body may adopt an ordinance pursuant to NRS 271.325 creating a district and ordering a project to be acquired or improved and may contract with a person to construct or improve a project, issue bonds or otherwise finance the cost of the project and levy assessments, without complying with the provisions of NRS 271.305 to 271.320 , inclusive, 271.330 to 271.345 , inclusive, 271.380 and 271.385 and, except as otherwise provided in this section, the provisions of any law requiring public bidding or otherwise imposing requirements on any public contract, project, works or improvements, including, without limitation, chapters 332 , 338 and 339

of NRS, if the governing body has entered into a written agreement with the owners of all of the assessable property within the district which states that:

(a) The governing body agrees to enter into a contract for the acquisition, construction or improvement of the project or projects in the district which includes:

(1) A provision stating that the requirements of NRS 338.013 to 338.090 , inclusive, apply to any construction work to be performed under the contract; and

(2) The price, stated as a lump sum or as unit prices, which the governing body agrees to pay for the project if the project meets all requirements and specifications in the contract.

(b) The owners of the assessable property agree that if the rate of interest on any assessment levied for the district is determined from time to time as provided in NRS 271.487 , the owners will provide written notice to the governing body in a timely manner when a parcel of the assessable property in the district is sold to a person who intends to occupy a dwelling unit on the parcel as his or her residence.

(c) The owners of the assessable property agree that the governing body may create the district, levy the assessments and for all other purposes relating to the district proceed pursuant to the provisions of this section.

1. If an ordinance is adopted and the agreement entered into pursuant to subsection 1 so states:

(a) The governing body may amend the ordinance creating the district, change the assessment roll and redistribute the assessments required by NRS 271.390 in the same manner in which these actions were originally taken to add additional property to the district. The assessments may be redistributed between the assessable property originally in the district and the additional assessable property if:

(1) The owners of additional assessable property also consent in writing to inclusion of their property in the district and to the amount of the assessment against their property; and

(2) The redistribution of the assessments is not prohibited by any covenants made for the benefit of the owners of any bonds or interim warrants issued for the district.

(b) The governing body may amend the ordinance creating the district, change the assessment roll and redistribute the assessments required by NRS 271.390 in the same manner in which these actions were originally taken to remove assessable property from the district. The assessments may be redistributed among the assessable property remaining in the district if:

(1) The owners of the remaining assessable property consent in writing to the amount of the revised assessment on their property; and

(2) The redistribution of the assessments is not prohibited by any covenants made for the benefit of the owners of any bonds or interim warrants issued for the district.

(c) The governing body may adopt any ordinance pertaining to the district including the ordinance creating the district required by NRS 271.325 , the ordinance authorizing interim warrants required by NRS 271.355 , the ordinance levying assessments required by NRS 271.390 , the ordinance authorizing bonds required by NRS 271.475 or any ordinance amending those ordinances after a single reading and without holding a hearing thereon, as if an emergency exists, upon an affirmative vote of not less than two-thirds of all voting members of the governing body, excluding from any computation any vacancy on the governing body and any members thereon who may vote to break a tie vote, and provide that the ordinances become effective at the time an emergency ordinance would have become effective. The provisions of NRS 271.308 do not apply to any such ordinance.

(d) The governing body may provide for a reserve fund, letter of credit, surety bond or other collateral for payment of any interim warrants or bonds issued for the district and include all or any portion of the costs thereof in the amounts assessed against the property in the district and in the amount of bonds issued for the district. The governing body may provide for the disposition of interest earned on the reserve fund and other bond proceeds, for the disposition of unexpended bond proceeds after completion of the project and for the disposition of the unexpended balance in the reserve fund after payment in full of the bonds for the district.

1. If the governing body of a municipality forms a district pursuant to the provisions of this section, the governing body:

(a) Is not required to adopt the resolutions required pursuant to the provisions of NRS 271.280 , 271.310 , 271.360 and 271.390 .

(b) Shall be deemed to have adopted the resolution required pursuant to the provisions of NRS 271.325 if the plans and specifications are sufficiently specific to allow a competent contractor with the assistance of a competent engineer to estimate the cost of constructing the project and to construct the project.

1. The governing body, the owners of the assessable property, any contractor who is awarded a contract or enters into an agreement to perform the construction work on a project pursuant to this section, and any subcontractor who performs any portion of the construction work on the project shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if the governing body had undertaken the project or had awarded the contract.

(Added to NRS by 1989, 252 ; A 1995, 1964 ; 2005, 1838 ; 2019, 708 )

NRS 271.720

NRS

271.720

Requirements, conditions and effect of agreement with owners of all assessable property in district.

1. Any agreement made pursuant to NRS 271.710 must:

(a) Include a description of the property in the district;

(b) Be signed by the chair of the governing body and the owners of all assessable property within the district;

(c) Be accompanied by an acknowledgment of each signature; and

(d) Be recorded in the office of the county recorder.

1. Upon recording pursuant to paragraph (d) of subsection 1, the agreement:

(a) Is binding on all subsequent owners of assessable property in the district;

(b) Is not extinguished by the sale of any property on account of nonpayment of general taxes or any other sale of the property; and

(c) Is prior and superior to all liens, claims, encumbrances and titles other than the liens of assessment and general taxes.

1. As a condition to executing an agreement pursuant to NRS 271.710 , the governing body may require that the owners of assessable property make a deposit of cash, a surety bond, a letter of credit or such other security as is deemed appropriate by the governing body, in such an amount as will reimburse the municipality for all its expenses in connection with the district including, without limitation, the cost of:

(a) Designing and preparing plans and specifications for the improvements;

(b) Inspecting any work performed and any improvements installed;

(c) Any engineering, legal, financial or other experts retained by the municipality to advise it with respect to the district;

(d) Any mailings or publications made in connection with the district; and

(e) Any administrative costs, including any carrying cost and an appropriate portion of the salary of any municipal employee or employees who perform services in connection with the district,

Ê and any other costs the municipality may incur in connection with the district.

1. The deposit required pursuant to subsection 3 must be applied to the expenses listed in subsection 3 if bonds are not issued or if the proceeds of the bonds are not sufficient to pay those expenses.

(Added to NRS by 1989, 254 ; A 1995, 1966 )

NRS 277.200

NRS

277.200

Text of Compact. [Effective until: (1) the approval pursuant to Public Law 96-551 of the amendments to the Compact contained in section 1.5 of chapter 530,

Statutes of Nevada 2011, at page 3711

, as amended by section 2 of chapter 424,

Statutes of Nevada 2013, at page 2345

; (2) the proclamation by the Governor of this State of the enactment by the State of California of amendments that are substantially identical to the amendments to the Compact contained in section 1 of chapter 207,

Statutes of Nevada 2019, at page 1137

; or (3) the proclamation by the Governor of this State of the withdrawal by the State of California from the Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers.]

The Tahoe Regional Planning Compact is as follows:

Tahoe Regional Planning Compact

ARTICLE I. Findings and Declarations of Policy

(a) It is found and declared that:

(1) The waters of Lake Tahoe and other resources of the region are threatened with deterioration or degeneration, which endangers the natural beauty and economic productivity of the region.

(2) The public and private interests and investments in the region are substantial.

(3) The region exhibits unique environmental and ecological values which are irreplaceable.

(4) By virtue of the special conditions and circumstances of the region’s natural ecology, developmental pattern, population distribution and human needs, the region is experiencing problems of resource use and deficiencies of environmental control.

(5) Increasing urbanization is threatening the ecological values of the region and threatening the public opportunities for use of the public lands.

(6) Maintenance of the social and economic health of the region depends on maintaining the significant scenic, recreational, educational, scientific, natural and public health values provided by the Lake Tahoe Basin.

(7) There is a public interest in protecting, preserving and enhancing these values for the residents of the region and for visitors to the region.

(8) Responsibilities for providing recreational and scientific opportunities, preserving scenic and natural areas, and safeguarding the public who live, work and play in or visit the region are divided among local governments, regional agencies, the states of California and Nevada, and the Federal Government.

(9) In recognition of the public investment and multistate and national significance of the recreational values, the Federal Government has an interest in the acquisition of recreational property and the management of resources in the region to preserve environmental and recreational values, and the Federal Government should assist the states in fulfilling their responsibilities.

(10) In order to preserve the scenic beauty and outdoor recreational opportunities of the region, there is a need to insure an equilibrium between the region’s natural endowment and its man-made environment.

(b) In order to enhance the efficiency and governmental effectiveness of the region, it is imperative that there be established a Tahoe Regional Planning Agency with the powers conferred by this compact including the power to establish environmental threshold carrying capacities and to adopt and enforce a regional plan and implementing ordinances which will achieve and maintain such capacities while providing opportunities for orderly growth and development consistent with such capacities.

(c) The Tahoe Regional Planning Agency shall interpret and administer its plans, ordinances, rules and regulations in accordance with the provisions of this compact.

ARTICLE II. Definitions

As used in this compact:

(a) “Region,” includes Lake Tahoe, the adjacent parts of Douglas and Washoe counties and Carson City, which for the purposes of this compact shall be deemed a county, lying within the Tahoe Basin in the State of Nevada, and the adjacent parts of the Counties of Placer and El Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 North, Range 16 East, M.D.B. & M. The region defined and described herein shall be as precisely delineated on official maps of the agency.

(b) “Agency” means the Tahoe Regional Planning Agency.

(c) “Governing body” means the governing board of the Tahoe Regional Planning Agency.

(d) “Regional plan” means the long-term general plan for the development of the region.

(e) “Planning commission” means the advisory planning commission appointed pursuant to subdivision (h) of Article III.

(f) “Gaming” means to deal, operate, carry on, conduct, maintain or expose for play any banking or percentage game played with cards, dice or any mechanical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fantan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, stud poker, draw poker or slot machine, but does not include social games played solely for drinks, or cigars or cigarettes served individually, games played in private homes or residences for prizes or games operated by charitable or educational organizations, to the extent excluded by applicable state law.

(g) “Restricted gaming license” means a license to operate not more than 15 slot machines on which a quarterly fee is charged pursuant to NRS 463.373 and no other games.

(h) “Project” means an activity undertaken by any person, including any public agency, if the activity may substantially affect the land, water, air, space or any other natural resources of the region.

(i) “Environmental threshold carrying capacity” means an environmental standard necessary to maintain a significant scenic, recreational, educational, scientific or natural value of the region or to maintain public health and safety within the region. Such standards shall include but not be limited to standards for air quality, water quality, soil conservation, vegetation preservation and noise.

(j) “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

(k) “Areas open to public use” means all of the areas within a structure housing gaming under a nonrestricted license except areas devoted to the private use of guests.

(l) “Areas devoted to private use of guests” means hotel rooms and hallways to serve hotel room areas, and any parking areas. A hallway serves hotel room areas if more than 50 percent of the areas on each side of the hallway are hotel rooms.

(m) “Nonrestricted license” means a gaming license which is not a restricted gaming license.

ARTICLE III. Organization

(a) There is created the Tahoe Regional Planning Agency as a separate legal entity.

The governing body of the agency shall be constituted as follows:

(1) California delegation:

(A) One member appointed by each of the County Boards of Supervisors of the Counties of El Dorado and Placer and one member appointed by the City Council of the City of South Lake Tahoe. Any such member may be a member of the county board of supervisors or city council, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.

(B) Two members appointed by the Governor of California, one member appointed by the Speaker of the Assembly of California and one member appointed by the Senate Rules Committee of the State of California. The members appointed pursuant to this subparagraph shall not be residents of the region and shall represent the public at large within the State of California.

(2) Nevada delegation:

(A) One member appointed by each of the boards of county commissioners of Douglas and Washoe counties and one member appointed by the board of supervisors of Carson City. Any such member may be a member of the board of county commissioners or board of supervisors, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.

(B) One member appointed by the governor of Nevada, the secretary of state of Nevada or his designee, and the director of the state department of conservation and natural resources of Nevada or his designee. Except for the secretary of state and the director of the state department of conservation and natural resources, the members or designees appointed pursuant to this subparagraph shall not be residents of the region. All members appointed pursuant to this subparagraph shall represent the public at large within the State of Nevada.

(C) One member appointed for a 1-year term by the six other members of the Nevada delegation. If at least four members of the Nevada delegation are unable to agree upon the selection of a seventh member within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body for that state the governor of the State of Nevada shall make such an appointment. The member appointed pursuant to this subparagraph may, but is not required to, be a resident of the region within the State of Nevada.

(3) If any appointing authority under paragraph (1)(A), (1)(B), (2)(A) or (2)(B) fails to make such an appointment within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body, the governor of the state in which the appointing authority is located shall make the appointment. The term of any member so appointed shall be 1 year.

(4) The position of any member of the governing body shall be deemed vacant if such a member is absent from three consecutive meetings of the governing body in any calendar year.

(5) Each member and employee of the agency shall disclose his economic interests in the region within 10 days after taking his seat on the governing board or being employed by the agency and shall thereafter disclose any further economic interest which he acquires, as soon as feasible after he acquires it. As used in this paragraph, “economic interests” means:

(A) Any business entity operating in the region in which the member or employee has a direct or indirect investment worth more than $1,000;

(B) Any real property located in the region in which the member or employee has a direct or indirect interest worth more than $1,000;

(C) Any source of income attributable to activities in the region, other than loans by or deposits with a commercial lending institution in the regular course of business, aggregating $250 or more in value received by or promised to the member within the preceding 12 months; or

(D) Any business entity operating in the region in which the member or employee is a director, officer, partner, trustee, employee or holds any position of management.

Ê No member or employee of the agency shall make, or attempt to influence, an agency decision in which he knows or has reason to know he has an economic interest. Members and employees of the agency must disqualify themselves from making or participating in the making of any decision of the agency when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the economic interests of the member or employee.

(b) The members of the agency shall serve without compensation, but the expenses of each member shall be met by the body which he represents in accordance with the law of that body. All other expenses incurred by the governing body in the course of exercising the powers conferred upon it by this compact unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.

(c) Except for the secretary of state and director of the state department of conservation and natural resources of Nevada and the member appointed pursuant to subdivision (a)(2)(C), the members of the governing body serve at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every 4 years. Members may be reappointed.

(d) The governing body of the agency shall meet at least monthly. All meetings shall be open to the public to the extent required by the law of the State of California or the State of Nevada, whichever imposes the greater requirement, applicable to local governments at the time such meeting is held. The governing body shall fix a date for its regular monthly meeting in such terms as “the first Monday of each month,” and shall not change such date more often than once in any calendar year. Notice of the date so fixed shall be given by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region. Notice of any special meeting, except an emergency meeting, shall be given by so publishing the date and place and posting an agenda at least 5 days prior to the meeting.

(e) The position of a member of the governing body shall be considered vacated upon his loss of any of the qualifications required for his appointment and in such event the appointing authority shall appoint a successor.

(f) The governing body shall elect from its own members a chairman and vice chairman, whose terms of office shall be 2 years, and who may be reelected. If a vacancy occurs in either office, the governing body may fill such vacancy for the unexpired term.

(g) Four of the members of the governing body from each state constitute a quorum for the transaction of the business of the agency. The voting procedures shall be as follows:

(1) For adopting, amending or repealing environmental threshold carrying capacities, the regional plan, and ordinances, rules and regulations, and for granting variances from the ordinances, rules and regulations, the vote of at least four of the members of each state agreeing with the vote of at least four members of the other state shall be required to take action. If there is no vote of at least four of the members from one state agreeing with the vote of at least four of the members of the other state on the actions specified in this paragraph, an action of rejection shall be deemed to have been taken.

(2) For approving a project, the affirmative vote of at least five members from the state in which the project is located and the affirmative vote of at least nine members of the governing body are required. If at least five members of the governing body from the state in which the project is located and at least nine members of the entire governing body do not vote in favor of the project, upon a motion for approval, an action of rejection shall be deemed to have been taken. A decision by the agency to approve a project shall be supported by a statement of findings, adopted by the agency, which indicates that the project complies with the regional plan and with applicable ordinances, rules and regulations of the agency.

(3) For routine business and for directing the agency’s staff on litigation and enforcement actions, at least eight members of the governing body must agree to take action. If at least eight votes in favor of such action are not cast, an action of rejection shall be deemed to have been taken.

Ê Whenever under the provisions of this compact or any ordinance, rule, regulation or policy adopted pursuant thereto, the agency is required to review or approve any project, public or private, the agency shall take final action by vote, whether to approve, to require modification or to reject such project, within 180 days after the application for such project is accepted as complete by the agency in compliance with the agency’s rules and regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If a final action by vote does not take place within 180 days, the applicant may bring an action in a court of competent jurisdiction to compel a vote unless he has agreed to an extension. This provision does not limit the right of any person to obtain judicial review of agency action under subdivision (h) of Article VI. The vote of each member of the governing body shall be individually recorded. The governing body shall adopt its own rules, regulations and procedures.

(h) An advisory planning commission shall be appointed by the agency. The commission shall include: the chief planning officers of Placer County, El Dorado County, and the City of South Lake Tahoe in California and of Douglas County, Washoe County and Carson City in Nevada, the executive officer of the Lahontan Regional Water Quality Control Board of the State of California, the executive officer of the Air Resources Board of the State of California, the director of the state department of conservation and natural resources of the State of Nevada, the administrator of the division of environmental protection in the state department of conservation and natural resources of the State of Nevada, the administrator of the Lake Tahoe Management Unit of the United States Forest Service, and at least four lay members with an equal number from each state, at least half of whom shall be residents of the region. Any official member may designate an alternate.

The term of office of each lay member of the advisory planning commission shall be 2 years. Members may be reappointed.

The position of each member of the advisory planning commission shall be considered vacated upon loss of any of the qualifications required for appointment, and in such an event the appointing authority shall appoint a successor.

The advisory planning commission shall elect from its own members a chairman and a vice chairman, whose terms of office shall be 2 years and who may be reelected. If a vacancy occurs in either office, the advisory planning commission shall fill such vacancy for the unexpired term.

A majority of the members of the advisory planning commission constitutes a quorum for the transaction of the business of the commission. A majority vote of the quorum present shall be required to take action with respect to any matter.

(i) The agency shall establish and maintain an office within the region, and for this purpose the agency may rent or own property and equipment. Every plan, ordinance and other record of the agency which is of such nature as to constitute a public record under the law of either the State of California or the State of Nevada shall be open to inspection and copying during regular office hours.

(j) Each authority charged under this compact or by the law of either state with the duty of appointing a member of the governing body of the agency shall by certified copy of its resolution or other action notify the Secretary of State of its own state of the action taken.

ARTICLE IV. Personnel

(a) The governing body shall determine the qualification of, and it shall appoint and fix the salary of, the executive officer of the agency, and shall employ such other staff and legal counsel as may be necessary to execute the powers and functions provided for under this compact or in accordance with any intergovernmental contracts or agreements the agency may be responsible for administering.

(b) Agency personnel standards and regulations shall conform insofar as possible to the regulations and procedures of the civil service of the State of California or the State of Nevada, as may be determined by the governing body of the agency; and shall be regional and bistate in application and effect; provided that the governing body may, for administrative convenience and at its discretion, assign the administration of designated personnel arrangements to an agency of either state, and provided that administratively convenient adjustments be made in the standards and regulations governing personnel assigned under intergovernmental agreements.

(c) The agency may establish and maintain or participate in such additional programs of employee benefits as may be appropriate to afford employees of the agency terms and conditions of employment similar to those enjoyed by employees of California and Nevada generally.

ARTICLE V. Planning

(a) In preparing each of the plans required by this article and each amendment thereto, if any, subsequent to its adoption, the planning commission after due notice shall hold at least one public hearing which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment. The notice required by this subdivision shall be given at least 20 days prior to the public hearing by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.

The planning commission shall then recommend such plan or amendment to the governing body for adoption by ordinance. The governing body may adopt, modify or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission. If the governing body initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in this subdivision.

If a request is made for the amendment of the regional plan by:

(1) A political subdivision a part of whose territory would be affected by such amendment; or

(2) The owner or lessee of real property which would be affected by such amendment,

Ê the governing body shall complete its action on such amendment within 180 days after such request is accepted as complete according to standards which must be prescribed by ordinance of the agency.

(b) The agency shall develop, in cooperation with the states of California and Nevada, environmental threshold carrying capacities for the region. The agency should request the President’s Council on Environmental Quality, the United States Forest Service and other appropriate agencies to assist in developing such environmental threshold carrying capacities. Within 18 months after the effective date of the amendments to this compact, the agency shall adopt environmental threshold carrying capacities for the region.

(c) Within 1 year after the adoption of the environmental threshold carrying capacities for the region, the agency shall amend the regional plan so that, at a minimum, the plan and all of its elements, as implemented through agency ordinances, rules and regulations, achieves and maintains the adopted environmental threshold carrying capacities. Each element of the plan shall contain implementation provisions and time schedules for such implementation by ordinance. The planning commission and governing body shall continuously review and maintain the regional plan. The regional plan shall consist of a diagram, or diagrams, and text, or texts setting forth the projects and proposals for implementation of the regional plan, a description of the needs and goals of the region and a statement of the policies, standards and elements of the regional plan.

The regional plan shall be a single enforceable plan and includes all of the following correlated elements:

(1) A land-use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space and other natural resources within the region, including but not limited to an indication or allocation of maximum population densities and permitted uses.

(2) A transportation plan for the integrated development of a regional system of transportation, including but not limited to parkways, highways, transportation facilities, transit routes, waterways, navigation facilities, public transportation facilities, bicycle facilities, and appurtenant terminals and facilities for the movement of people and goods within the region. The goal of transportation planning shall be:

(A) To reduce dependency on the automobile by making more effective use of existing transportation modes and of public transit to move people and goods within the region; and

(B) To reduce to the extent feasible air pollution which is caused by motor vehicles.

Ê Where increases in capacity are required, the agency shall give preference to providing such capacity through public transportation and public programs and projects related to transportation. The agency shall review and consider all existing transportation plans in preparing its regional transportation plan pursuant to this paragraph.

The plan shall provide for an appropriate transit system for the region.

The plan shall give consideration to:

(A) Completion of the Loop Road in the states of Nevada and California;

(B) Utilization of a light rail mass transit system in the South Shore area; and

(C) Utilization of a transit terminal in the Kingsbury Grade area.

Ê Until the regional plan is revised, or a new transportation plan is adopted in accordance with this paragraph, the agency has no effective transportation plan.

(3) A conservation plan for the preservation, development, utilization, and management of the scenic and other natural resources within the basin, including but not limited to, soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, recreational and historical facilities.

(4) A recreation plan for the development, utilization, and management of the recreational resources of the region, including but not limited to, wilderness and forested lands, parks and parkways, riding and hiking trails, beaches and playgrounds, marinas, areas for skiing and other recreational facilities.

(5) A public services and facilities plan for the general location, scale and provision of public services and facilities, which, by the nature of their function, size, extent and other characteristics are necessary or appropriate for inclusion in the regional plan.

In formulating and maintaining the regional plan, the planning commission and governing body shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the counties and cities within the region, the plans and planning activities of the state, federal and other public agencies and nongovernmental agencies and organizations which affect or are concerned with planning and development within the region.

(d) The regional plan shall provide for attaining and maintaining federal, state, or local air and water quality standards, whichever are strictest, in the respective portions of the region for which the standards are applicable.

The agency may, however, adopt air or water quality standards or control measures more stringent than the applicable state implementation plan or the applicable federal, state, or local standards for the region, if it finds that such additional standards or control measures are necessary to achieve the purposes of this compact. Each element of the regional plan, where applicable, shall, by ordinance, identify the means and time schedule by which air and water quality standards will be attained.

(e) Except for the Regional Transportation Plan of the California Tahoe Regional Planning Agency, the regional plan, ordinances, rules and regulations adopted by the California Tahoe Regional Planning Agency in effect on July 1, 1980, shall be the regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency for that portion of the Tahoe region located in the State of California. Such plan, ordinance, rule or regulation may be amended or repealed by the governing body of the agency. The plans, ordinances, rules and regulations of the Tahoe Regional Planning Agency that do not conflict with, or are not addressed by, the California Tahoe Regional Planning Agency’s plans, ordinances, rules and regulations referred to in this subdivision shall continue to be applicable unless amended or repealed by the governing body of the agency. No provision of the regional plan, ordinances, rules and regulations of the California Tahoe Regional Planning Agency referred to in this subdivision shall apply to that portion of the region within the State of Nevada, unless such provision is adopted for the Nevada portion of the region by the governing body of the agency.

(f) The regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency apply to that portion of the region within the State of Nevada.

(g) The agency shall adopt ordinances prescribing specific written findings that the agency must make prior to approving any project in the region. These findings shall relate to environmental protection and shall insure that the project under review will not adversely affect implementation of the regional plan and will not cause the adopted environmental threshold carrying capacities of the region to be exceeded.

(h) The agency shall maintain the data, maps and other information developed in the course of formulating and administering the regional plan, in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other agencies of government and by private organizations and individuals concerned.

(i) Where necessary for the realization of the regional plan, the agency may engage in collaborative planning with local governmental jurisdictions located outside the region, but contiguous to its boundaries. In formulating and implementing the regional plan, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private persons.

ARTICLE VI. Agency’s Powers

(a) The governing body shall adopt all necessary ordinances, rules, and regulations to effectuate the adopted regional plan. Except as otherwise provided in this compact, every such ordinance, rule or regulation shall establish a minimum standard applicable throughout the region. Any political subdivision or public agency may adopt and enforce an equal or higher requirement applicable to the same subject of regulation in its territory. The regulations of the agency shall contain standards including but not limited to the following: water purity and clarity; subdivision; zoning; tree removal; solid waste disposal; sewage disposal; land fills, excavations, cuts and grading; piers, harbors, breakwaters or channels and other shoreline developments; waste disposal in shoreline areas; waste disposal from boats; mobile-home parks; house relocation; outdoor advertising; floodplain protection; soil and sedimentation control; air pollution; and watershed protection. Whenever possible without diminishing the effectiveness of the regional plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective states, counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the regional plan.

The agency shall prescribe by ordinance those activities which it has determined will not have substantial effect on the land, water, air, space or any other natural resources in the region and therefore will be exempt from its review and approval.

Every ordinance adopted by the agency shall be published at least once by title in a newspaper or combination of newspapers whose circulation is general throughout the region. Except an ordinance adopting or amending the regional plan, no ordinance shall become effective until 60 days after its adoption. Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having territory within the region.

(b) No project other than those to be reviewed and approved under the special provisions of subdivisions (d), (e), (f) and (g) may be developed in the region without obtaining the review and approval of the agency and no project may be approved unless it is found to comply with the regional plan and with the ordinances, rules and regulations enacted pursuant to subdivision (a) to effectuate that plan.

The agency may approve a project in the region only after making the written findings required by this subdivision or subdivision (g) of Article V. Such findings shall be based on substantial evidence in the record.

Before adoption by the agency of the ordinances required in subdivision (g) of Article V, the agency may approve a project in the region only after making written findings on the basis of substantial evidence in the record that the project is consistent with the regional plan then in effect and with applicable plans, ordinances, regulations, and standards of federal and state agencies relating to the protection, maintenance and enhancement of environmental quality in the region.

(c) The legislatures of the states of California and Nevada find that in order to make effective the regional plan as revised by the agency, it is necessary to halt temporarily works of development in the region which might otherwise absorb the entire capability of the region for further development or direct it out of harmony with the ultimate plan. Subject to the limitation provided in this subdivision, from the effective date of the amendments to this compact until the regional plan is amended pursuant to subdivision (c) of Article V, or until May 1, 1983, whichever is earlier:

(1) Except as otherwise provided in this paragraph, no new subdivision, planned unit development, or condominium project may be approved unless a complete tentative map or plan has been approved before the effective date of the amendments to this compact by all agencies having jurisdiction. The subdivision of land owned by a general improvement district, which existed and owned the land before the effective date of the amendments to this compact, may be approved if subdivision of the land is necessary to avoid insolvency of the district.

(2) Except as provided in paragraph (3), no apartment building may be erected unless the required permits for such building have been secured from all agencies having jurisdiction, prior to the effective date of the amendments to this compact.

(3) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize the construction of a greater number of new residential units within the region than were authorized within the region by building permits issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third of that number may be issued by each such city or county. For purposes of this paragraph a “residential unit” means either a single family residence or an individual residential unit within a larger building, such as an apartment building, a duplex or a condominium.

The legislatures find the respective numbers of residential units authorized within the region during the calendar year 1978 to be as follows:

1. City of South Lake Tahoe and El Dorado County (combined)............ 252

2. Placer County................................................................................................ 278

3. Carson City.................................................................................................... -0-

4. Douglas County............................................................................................ 339

5. Washoe County............................................................................................ 739

(4) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize construction of a greater square footage of new commercial buildings within the region than were authorized within the region by building permits for commercial purposes issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third the amount of that square footage may be issued by each such city or county.

The legislatures find the respective square footages of commercial buildings authorized within the region during calendar year 1978 to be as follows:

1. City of South Lake Tahoe and El Dorado County (combined)............ 64,324

2. Placer County................................................................................................ 23,000

3. Carson City.................................................................................................... -0-

4. Douglas County............................................................................................ 57,354

5. Washoe County............................................................................................ 50,600

(5) No structure may be erected to house gaming under a nonrestricted license.

(6) No facility for the treatment of sewage may be constructed or enlarged except:

(A) To comply, as ordered by the appropriate state agency for the control of water pollution, with existing limitations of effluent under the Clean Water Act, 33 U.S.C. §§ 1251 et seq., and the applicable state law for control of water pollution;

(B) To accommodate development which is not prohibited or limited by this subdivision; or

(C) In the case of Douglas County Lake Tahoe Sewer Authority, to modify or otherwise alter sewage treatment facilities existing on the effective date of the amendments to this compact so that such facilities will be able to treat the total volume of effluent for which they were originally designed, which is 3.0 million gallons per day. Such modification or alteration is not a “project”; is not subject to the requirements of Article VII; and does not require a permit from the agency. Before commencing such modification or alteration, however, the Authority shall submit to the agency its report identifying any significant soil erosion problems which may be caused by such modifications or alterations and the measures which the Authority proposes to take to mitigate or avoid such problems.

The moratorium imposed by this subdivision does not apply to work done pursuant to a right vested before the effective date of the amendments to this compact. Notwithstanding the expiration date of the moratorium imposed by this subdivision, no new highway may be built or existing highway widened to accommodate additional continuous lanes for automobiles until the regional transportation plan is revised and adopted.

The moratorium imposed by this subdivision does not apply to the construction of any parking garage which has been approved by the agency prior to May 4, 1979, whether that approval was affirmative or by default. The provisions of this paragraph are not an expression of legislative intent that any such parking garage, the approval of which is the subject of litigation which was pending on the effective date of the amendments to this compact, should or should not be constructed. The provisions of this paragraph are intended solely to permit construction of such a parking garage if a judgment sustaining the agency’s approval to construct that parking garage has become final and no appeal is pending or may lawfully be taken to a higher court.

(d) Subject to the final order of any court of competent jurisdiction entered in litigation contesting the validity of an approval by the Tahoe Regional Planning Agency, whether that approval was affirmative or by default, if that litigation was pending on May 4, 1979, the agency and the states of California and Nevada shall recognize as a permitted and conforming use:

(1) Every structure housing gaming under a nonrestricted license which existed as a licensed gaming establishment on May 4, 1979, or whose construction was approved by the Tahoe Regional Planning Agency affirmatively or deemed approved before that date. The construction or use of any structure to house gaming under a nonrestricted license not so existing or approved, or the enlargement in cubic volume of any such existing or approved structure is prohibited.

(2) Every other nonrestricted gaming establishment whose use was seasonal and whose license was issued before May 4, 1979, for the same season and for the number and type of games and slot machines on which taxes or fees were paid in the calendar year 1978.

(3) Gaming conducted pursuant to a restricted gaming license issued before May 4, 1979, to the extent permitted by that license on that date.

Ê The area within any structure housing gaming under a nonrestricted license which may be open to public use (as distinct from that devoted to the private use of guests and exclusive of any parking area) is limited to the area existing or approved for public use on May 4, 1979. Within these limits, any external modification of the structure which requires a permit from a local government also requires approval from the agency. The agency shall not permit restaurants, convention facilities, showrooms or other public areas to be constructed elsewhere in the region outside the structure in order to replace areas existing or approved for public use on May 4, 1979.

(e) Any structure housing licensed gaming may be rebuilt or replaced to a size not to exceed the cubic volume, height and land coverage existing or approved on May 4, 1979, without the review or approval of the agency or any planning or regulatory authority of the State of Nevada whose review or approval would be required for a new structure.

(f) The following provisions apply to any internal or external modification, remodeling, change in use, or repair of a structure housing gaming under a nonrestricted license which is not prohibited by Article VI (d):

(1) The agency’s review of an external modification of the structure which requires a permit from a local government is limited to determining whether the external modification will do any of the following:

(A) Enlarge the cubic volume of the structure;

(B) Increase the total square footage of area open to or approved for public use on May 4, 1979;

(C) Convert an area devoted to the private use of guests to an area open to public use;

(D) Increase the public area open to public use which is used for gaming beyond the limits contained in paragraph (3); and

(E) Conflict with or be subject to the provisions of any of the agency’s ordinances that are generally applicable throughout the region.

Ê The agency shall make this determination within 60 days after the proposal is delivered to the agency in compliance with the agency’s rules or regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If an external modification is determined to have any of the effects enumerated in subparagraphs (A) through (C), it is prohibited. If an external modification is determined to have any of the effects enumerated in subparagraph (D) or (E), it is subject to the applicable provisions of this compact. If an external modification is determined to have no such effect, it is not subject to the provisions of this compact.

(2) Except as provided in paragraph (3), internal modification, remodeling, change in use or repair of a structure housing gaming under a nonrestricted license is not a project and does not require the review or approval of the agency.

(3) Internal modification, remodeling, change in use or repair of areas open to public use within a structure housing gaming under a nonrestricted license which alone or in combination with any other such modification, remodeling, change in use or repair will increase the total portion of those areas which is actually used for gaming by more than the product of the total base area, as defined below, in square feet existing on or approved before August 4, 1980, multiplied by 15 percent constitutes a project and is subject to all of the provisions of this compact relating to projects. For purposes of this paragraph and the determination required by Article VI (g), base area means all of the area within a structure housing gaming under a nonrestricted license which may be open to public use, whether or not gaming is actually conducted or carried on in that area, except retail stores, convention centers and meeting rooms, administrative offices, kitchens, maintenance and storage areas, rest rooms, engineering and mechanical rooms, accounting rooms and counting rooms.

(g) In order to administer and enforce the provisions of paragraphs (d), (e) and (f) the State of Nevada, through its appropriate planning or regulatory agency, shall require the owner or licensee of a structure housing gaming under a nonrestricted license to provide:

(1) Documents containing sufficient information for the Nevada agency to establish the following relative to the structure:

(A) The location of its external walls;

(B) Its total cubic volume;

(C) Within its external walls, the area in square feet open or approved for public use and the area in square feet devoted to or approved for the private use of guests on May 4, 1979;

(D) The amount of surface area of land under the structure; and

(E) The base area as defined in paragraph (f)(3) in square feet existing on or approved before August 4, 1980.

(2) An informational report whenever any internal modification, remodeling, change in use, or repair will increase the total portion of the areas open to public use which is used for gaming.

The Nevada agency shall transmit this information to the Tahoe Regional Planning Agency.

(h) Gaming conducted pursuant to a restricted gaming license is exempt from review by the agency if it is incidental to the primary use of the premises.

(i) The provisions of subdivisions (d) and (e) are intended only to limit gaming and related activities as conducted within a gaming establishment, or construction designed to permit the enlargement of such activities, and not to limit any other use of property zoned for commercial use or the accommodation of tourists, as approved by the agency.

(j) Legal actions arising out of or alleging a violation of the provisions of this compact, of the regional plan or of an ordinance or regulation of the agency or of a permit or a condition of a permit issued by the agency are governed by the following provisions:

(1) This subdivision applies to:

(A) Actions arising out of activities directly undertaken by the agency.

(B) Actions arising out of the issuance to a person of a lease, permit, license or other entitlement for use by the agency.

(C) Actions arising out of any other act or failure to act by any person or public agency.

Ê Such legal actions may be filed and the provisions of this subdivision apply equally in the appropriate courts of California and Nevada and of the United States.

(2) Venue lies:

(A) If a civil or criminal action challenges an activity by the agency or any person which is undertaken or to be undertaken upon a parcel of real property, in the state or federal judicial district where the real property is situated.

(B) If an action challenges an activity which does not involve a specific parcel of land (such as an action challenging an ordinance of the agency), in any state or federal court having jurisdiction within the region.

(3) Any aggrieved person may file an action in an appropriate court of the State of California or Nevada or of the United States alleging n

NRS 278.0264

NRS

278.0264

Governing board for regional planning: Creation; membership; chair; compensation; operational needs; capacity to sue and be sued; budget.

1. There is hereby created in each county whose population is 100,000 or more but less than 700,000, a governing board for regional planning consisting of:

(a) Three representatives appointed by the board of county commissioners, at least two of whom must represent or reside within unincorporated areas of the county. If the representative is:

(1) A county commissioner, his or her district must be one of the two districts in the county with the highest percentage of unincorporated area.

(2) Not a county commissioner, he or she must reside within an unincorporated area of the county.

(b) Four representatives appointed by the governing body of the largest incorporated city in the county.

(c) Three representatives appointed by the governing body of every other incorporated city in the county whose population is 60,000 or more.

(d) One representative appointed by the governing body of each incorporated city in the county whose population is less than 60,000.

1. Except for the terms of the initial members of the governing board, the term of each member is 3 years and until the selection and qualification of his or her successor. A member may be reappointed. A vacancy must be filled for the unexpired term by the governing body which made the original appointment.

2. The governing bodies may appoint representatives to the governing board from within their respective memberships. A member of a local governing body who is so appointed and who subsequently ceases to be a member of that body, automatically ceases to be a member of the governing board. The governing body may also appoint alternative representatives who may act in the respective absences of the principal appointees.

3. The governing board shall elect its chair from among its members. The term of the chair is 1 year. The member elected chair must have been appointed by the governing body of the county or a city whose population is 60,000 or more as determined pursuant to a schedule adopted by the governing board and made a part of its bylaws which provides for the annual rotation of the chair among each of those governing bodies.

4. A member of the governing board who is also a member of the governing body which appointed him or her shall serve without additional compensation. All other members must be compensated at the rate of $40 per meeting or $200 per month, whichever is less.

5. The governing board may appoint such employees as it deems necessary for its work and may contract with city planners, engineers, architects and other consultants for such services as it requires.

6. The local governments represented on the governing board shall provide the necessary facilities, equipment, staff, supplies and other usual operating expenses necessary to enable the governing board to carry out its functions. The local governments shall enter into an agreement whereby those costs are shared by the local governments in proportion to the number of members that each appoints to the governing board. The agreement must also contain a provision specifying the responsibility of each local government, respectively, of paying for legal services needed by the governing board or by the regional planning commission.

7. The governing board may sue or be sued in any court of competent jurisdiction.

8. The governing board shall prepare and adopt an annual budget and transmit it as a recommendation for funding to each of the local governments.

(Added to NRS by 1989, 760 ; A 1991, 1734 ; 2001, 1966 ; 2011, 1180 )

NRS 278.070

NRS

278.070

Additional officers; employees; consultants.

1. In addition to electing its chair, the commission shall create and fill such other of its offices as it may determine.

2. The commission may appoint such employees as it may deem necessary for its work, whose appointment, promotion, demotion and removal shall be subject to the same provisions of law as govern other corresponding civil employees of the municipality.

3. The commission may also contract with city planners, engineers, architects and other consultants for such services as it may require.

[Part 6:110:1941; 1931 NCL § 5063.05] + [Part 7:110:1941; 1931 NCL § 5063.06]

NRS 278.263

NRS

278.263

Hearing examiners: Compensation; qualifications; removal.

1. Hearing examiners appointed under the authority of NRS 278.262 are entitled to receive such compensation as is considered necessary by the governing body and shall possess qualifications similar to those of a licensed architect, attorney, engineer or a member of the American Institute of Certified Planners.

2. Hearing examiners serve at the pleasure of the governing body in accordance with any appropriate personnel ordinance or regulation.

(Added to NRS by 1973, 337 ; A 1995, 453 )

NRS 278.325

NRS

278.325

Mapping for industrial or commercial development; restriction on sale of parcel for residential use; requirements for creating boundary by conveyance.

1. If a subdivision is proposed on land which is zoned for industrial or commercial development, neither the tentative nor the final map need show any division of the land into lots or parcels, but the streets and any other required improvements are subject to the requirements of NRS 278.010 to 278.630 , inclusive.

2. No parcel of land may be sold for residential use from a subdivision whose final map does not show a division of the land into lots.

3. Except as otherwise provided in subsection 4, a boundary or line must not be created by a conveyance of a parcel from an industrial or commercial subdivision unless a professional land surveyor has surveyed the boundary or line and set the monuments. The surveyor shall file a record of the survey pursuant to the requirements set forth in NRS 625.340 . Any conveyance of such a parcel must contain a legal description of the parcel that is independent of the record of survey.

4. The provisions of subsection 3 do not apply to a boundary or line that is created entirely within an existing industrial or commercial building. A certificate prepared by a professional engineer or registered architect certifying compliance with the applicable law of this State in effect at the time of the preparation of the certificate and with the building code in effect at the time the building was constructed must be attached to any document which proposes to subdivide such a building.

5. A certificate prepared pursuant to subsection 4 for a building located in a county whose population is 700,000 or more must be reviewed, approved and signed by the building official having jurisdiction over the area within which the building is situated.

(Added to NRS by 1969, 723 ; A 1993, 2560 ; 2005, 2668 ; 2007, 2922 ; 2011, 1194 ; 2013, 3226 )

NRS 278.326

NRS

278.326

Local ordinances governing improvements, mapping, accuracy, engineering and related subjects.

1. Local subdivision ordinances shall be enacted by the governing body of every incorporated city and every county, prescribing regulations which, in addition to the provisions of NRS 278.010 to 278.630 , inclusive, govern matters of improvements, mapping, accuracy, engineering and related subjects, but shall not be in conflict with NRS 278.010 to 278.630 , inclusive.

2. The subdivider shall comply with the provisions of the appropriate local ordinance before the final map is approved.

[23:110:1941; 1931 NCL § 5063.22]—(NRS A 1973, 1769 ; 1977, 1500 ; 2013, 3226 )

NRS 278.372

NRS

278.372

Final map: Requirements and contents.

1. The final map must be clearly and legibly drawn in permanent black ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the final map with permanent black ink.

2. The size of each sheet of the final map must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.

3. The scale of the final map must be large enough to show all details clearly. The final map must have a sufficient number of sheets to accomplish this end.

4. Each sheet of the final map must indicate its particular number, the total number of sheets in the final map and its relation to each adjoining sheet.

5. The final map must show all surveyed and mathematical information and data necessary to locate all monuments and to locate and retrace all interior and exterior boundary lines appearing thereon, including the bearings and distances of straight lines, central angle, radii and arc length for all curves and such information as may be necessary to determine the location of the centers of curves.

6. Each lot must be numbered or lettered.

7. Each street must be named, and each block may be numbered or lettered.

8. The exterior boundary of the land included within the subdivision must be indicated by graphic border.

9. The final map must show:

(a) The definite location of the subdivision, particularly its relation to surrounding surveys.

(b) The area of each lot and the total area of the land in the subdivision in the following manner:

(1) In acres, calculated to the nearest one-hundredth of an acre, if the area is 2 acres or more; or

(2) In square feet if the area is less than 2 acres.

(c) Any roads or easements of access which the owner intends to offer for dedication.

(d) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide gas, electric and telecommunications services and for any video service providers that are authorized pursuant to chapter 711 of NRS to operate a video service network in that area.

(e) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide water and sewer services.

1. The final map for a condominium must also indicate, for the purpose of assessing taxes, whether any garage units, parking spaces or storage units may be conveyed separately from the units within the condominium or are parceled separately from those units. As used in this subsection, “condominium” has the meaning ascribed to it in NRS 116.027 .

2. The final map must also satisfy any additional survey and map requirements, including the delineation of Nevada state plane coordinates established pursuant to chapter 327 of NRS, for any corner of the subdivision or any other point prescribed by the local ordinance.

[Part 26:110:1941; 1931 NCL § 5063.25]—(NRS A 1960, 137 ; 1973, 1830 ; 1977, 1502 ; 1985, 896 ; 1991, 827 ; 1993, 1197 , 2566 ;

2003, 2345 ; 2005, 2669 ; 2007, 1379 )

NRS 278.376

NRS

278.376

Certificate by county or city surveyor or by county or city engineer.

1. A final map presented for filing must include a certificate by the county surveyor or county engineer if a subdivision lies within an unincorporated area, and if a subdivision lies within a city, a certificate by the city surveyor, city engineer or county surveyor when for that purpose appointed by the governing body of the city, stating:

(a) That he or she has examined the final map; and

(b) That the map is technically correct and that if the monuments have not been set, that a proper performance bond has been deposited guaranteeing their setting on or before a day certain.

1. The person certifying the information required by this section must be licensed as a professional land surveyor or civil engineer pursuant to chapter 625 of NRS.

(Added to NRS by 1977, 1503 ; A 1989, 792 ; 1991, 1890 ; 1997, 1065 )

NRS 278.461

NRS

278.461

General requirements; exemptions.

1. Except as otherwise provided in this section, a person who proposes to divide any land for transfer or development into four lots or less shall:

(a) Prepare a parcel map and file the number of copies, as required by local ordinance, of the parcel map with the planning commission or its designated representative or, if there is no planning commission, with the clerk of the governing body; and

(b) Pay a filing fee in an amount determined by the governing body,

Ê unless those requirements are waived or the provisions of NRS 278.471 to 278.4725 , inclusive, apply. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid, and by the affidavit of the person who proposes to divide the land stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection 1 of NRS 598.0923 , if applicable, by the person who proposes to divide the land or any successor in interest.

1. In addition to any other requirement set forth in this section, a person who is required to prepare a parcel map pursuant to subsection 1 shall provide a copy of the parcel map to the Division of Water Resources of the State Department of Conservation and Natural Resources and obtain a certificate from the Division indicating that the parcel map is approved as to the quantity of water available for use if:

(a) Any parcel included in the parcel map:

(1) Is within or partially within a basin designated by the State Engineer pursuant to NRS 534.120 for which the State Engineer has issued an order requiring the approval of the parcel map by the State Engineer; and

(2) Will be served by a domestic well; and

(b) The dedication of a right to appropriate water to ensure a sufficient supply of water is not required by an applicable local ordinance.

1. If the parcel map is submitted to the clerk of the governing body, the clerk shall submit the parcel map to the governing body at its next regular meeting.

2. A common-interest community consisting of four units or less shall be deemed to be a division of land within the meaning of this section, but need only comply with this section and NRS 278.371 , 278.373 to 278.378 , inclusive, 278.462 , 278.464

and 278.466 .

1. A parcel map is not required when the division is for the express purpose of:

(a) The creation or realignment of a public right-of-way by a public agency.

(b) The creation or realignment of an easement.

(c) An adjustment of the boundary line between two abutting parcels or the transfer of land between two owners of abutting parcels, which does not result in the creation of any additional parcels, if such an adjustment is approved pursuant to NRS 278.5692 and is made in compliance with the provisions of NRS 278.5693 .

(d) The purchase, transfer or development of space within an apartment building or an industrial or commercial building.

(e) Carrying out an order of any court or dividing land as a result of an operation of law.

1. A parcel map is not required for any of the following transactions involving land:

(a) The creation of a lien, mortgage, deed of trust or any other security instrument.

(b) The creation of a security or unit of interest in any investment trust regulated under the laws of this State or any other interest in an investment entity.

(c) Conveying an interest in oil, gas, minerals or building materials, which is severed from the surface ownership of real property.

(d) Conveying an interest in land acquired by the Department of Transportation pursuant to chapter 408 of NRS.

(e) Filing a certificate of amendment pursuant to

NRS 278.473 .

1. When two or more separate lots, parcels, sites, units or plots of land are purchased, they remain separate for the purposes of this section and NRS 278.468 ,

278.590 and 278.630 . When the lots, parcels, sites, units or plots are resold or conveyed they are exempt from the provisions of NRS 278.010 to 278.630 , inclusive, until further divided.

1. Unless a method of dividing land is adopted for the purpose or would have the effect of evading this chapter, the provisions for the division of land by a parcel map do not apply to a transaction exempted by paragraph (c) of subsection 1 of NRS 278.320 .

2. As used in this section, “domestic well” has the meaning ascribed to it in NRS 534.350 .

[27.1:110:1941; added 1947, 834 ; 1943 NCL § 5063.26a]—(NRS A 1973, 453 , 1338 ;

1975, 1564 ; 1977, 1508 ; 1979, 1499 ; 1983, 251 ; 1985, 709 ; 1989, 501 ; 1991, 583 , 1383 ,

1387 ;

1993, 2569 ; 2007, 849 ; 2009, 1114 ; 2021, 1356 )

NRS 278.466

NRS

278.466

Form and contents of parcel map; reference to parcel number and recording.

1. The parcel map must be legibly drawn in permanent black ink on tracing cloth or produced by the use of other materials of a permanent nature generally used for that purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with permanent black ink. The size of each sheet must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.

2. A parcel map must indicate the owner of any adjoining land, or any right-of-way if owned by the person dividing the land.

3. A parcel map must show:

(a) The area of each parcel or lot and the total area of the land to be divided in the following manner:

(1) In acres, calculated to the nearest one-hundredth of an acre, if the area is 2 acres or more; or

(2) In square feet if the area is less than 2 acres.

(b) All monuments found, set, reset, replaced or removed, describing their kind, size and location and giving other data relating thereto.

(c) Bearing or witness monuments, the basis of bearings, bearing and length of lines and the scale of the map.

(d) The name and legal designation of the tract or grant in which the survey is located and any ties to adjoining tracts.

(e) Any easements granted or dedications made.

(f) Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines and area shown.

1. A parcel map must include:

(a) The memorandum of oaths described in NRS 625.320 .

(b) The certificate of the surveyor required pursuant to NRS 278.375 .

(c) The certificate of the Division of Water Resources of the State Department of Conservation and Natural Resources issued pursuant to NRS 278.461 , if any.

(d) The signature of each owner of the land to be divided.

1. A governing body may by local ordinance require a parcel map to include:

(a) A report from a title company which lists the names of:

(1) Each owner of record of the land to be divided; and

(2) Each holder of record of a security interest in the land to be divided,

Ê if the security interest was created by a mortgage or a deed of trust.

(b) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a) to the preparation and recordation of the parcel map. A holder of record of a security interest may consent by signing:

(1) The parcel map; or

(2) A separate document that is recorded with the parcel map and declares his or her consent to the division of land, if the map contains a notation that a separate document has been recorded to this effect.

1. If the requirement for a parcel map is waived, the governing body may specify by local ordinance the type and extent of information or mapping necessary for the division of land.

2. Reference to the parcel number and recording data of a recorded parcel map is a complete legal description of the land contained in the parcel.

[Part 27.2:110:1941; added 1947, 834 ; 1943 NCL § 5063.26b]—(NRS A 1960, 138 ; 1973, 1338 ; 1975, 1566 ; 1977, 1510 ; 1985, 897 ; 1989, 793 ; 1993, 2572 ; 1995, 198 ; 2007, 852 )

NRS 278.472

NRS

278.472

Final map: Filing; form and contents.

1. After the planning commission or the governing body or its authorized representative has approved the tentative map or waived the requirement of its filing, or 60 days after the date of its filing, whichever is earlier, the person who proposes to divide the land may file a final map of the division with the governing body or its authorized representative or, if authorized by the governing body, with the planning commission. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.

2. This map must be:

(a) Entitled “Map of Division into Large Parcels.”

(b) Filed with the governing body or its authorized representative or, if authorized by the governing body, with the planning commission not later than 1 year after the date that the tentative map was first filed with the planning commission or the governing body or its authorized representative or that the requirement of its filing was waived.

(c) Prepared by a professional land surveyor.

(d) Based upon an actual survey by the preparer and show the date of the survey and contain the certificate of the surveyor required pursuant to NRS 278.375 .

(e) Clearly and legibly drawn in permanent black ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for this purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with permanent black ink.

(f) Twenty-four by 32 inches in size with a marginal line drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom, and right edges, and of 2 inches at the left edge along the 24-inch dimension.

(g) Of scale large enough to show clearly all details.

1. The particular number of the sheet and the total number of sheets comprising the map must be stated on each of the sheets, and its relation to each adjoining sheet must be clearly shown.

2. This map must show and define:

(a) All subdivision lots by the number and actual acreage of each lot.

(b) Any roads or easements of access which exist and which the owner intends to offer for dedication, any roads or easements of access which are shown on the applicable master plan and any roads or easements of access which are specially required by the planning commission or the governing body or its authorized representative.

(c) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide gas, electric and telecommunications services and for any video service providers that are authorized pursuant to chapter 711 of NRS to operate a video service network in that area.

(d) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide water and sewer services.

(e) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.

(Added to NRS by 1979, 1505 ; A 1989, 502 , 795 ;

1991, 280 , 1384 ;

1993, 2575 ; 1997, 2430 ; 2003, 2348 ; 2007, 1382 )

NRS 278.477

NRS

278.477

Amendment of recorded plat, map or survey which changes location of survey monument, property line or boundary line: Procedures and requirements.

1. In addition to the requirements of subsection 2, an amendment of a recorded subdivision plat, parcel map, map of division into large parcels or record of survey which changes or purports to change the physical location of any survey monument, property line or boundary line is subject to the following requirements:

(a) If the proposed amendment is to a parcel map, map of division into large parcels or record of survey, the same procedures and requirements as in the original filing.

(b) If the proposed amendment is to a subdivision plat, only those procedures for the approval and filing of a final map.

1. Any amended subdivision plat, parcel map, map of division into large parcels or record of survey required pursuant to subsection 1 must:

(a) Be identical in size and scale to the document being amended, drawn in the manner and on the material provided by law;

(b) Have the words “Amended Plat of” prominently displayed on each sheet above the title of the document amended;

(c) Have a legal description that describes only the property which is to be included in the amendment;

(d) Have a blank margin for the county recorder’s index information;

(e) Have a 3-inch square adjacent to and on the left side of the existing square for the county recorder’s information and stamp; and

(f) Contain a certificate of the professional land surveyor licensed pursuant to chapter 625

of NRS who prepared the amendment stating that it complies with all pertinent sections of NRS 278.010 to 278.630 , inclusive, and 625.340 to 625.380 , inclusive, and with any applicable local ordinance.

1. Any amended subdivision plat, parcel map, map of division into large parcels or record of survey that is recorded in support of an adjusted boundary must:

(a) Contain or be accompanied by the report of a title company and the certificate required by NRS 278.374 or an order of the district court of the county in which the land is located that the amendment may be approved without all the necessary signatures if the order is based upon a finding that:

(1) A bona fide effort was made to notify the necessary persons;

(2) All persons who responded to the notice have consented to the amendment; and

(3) The amendment does not adversely affect the persons who did not respond; and

(b) Contain a certificate executed by the appropriate county surveyor, county engineer, city surveyor or city engineer, if he or she is registered as a professional land surveyor or civil engineer pursuant to chapter 625 of NRS, stating that he or she has examined the document and that it is technically correct.

1. Upon recording the amended document, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the document being amended, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.

2. A county recorder who records a plat, map or record of survey pursuant to this section shall, within 7 working days after he or she records the plat, map or record of survey, provide to the county assessor at no charge:

(a) A duplicate copy of the plat, map or record of survey and any supporting documents; or

(b) Access to the digital plat, map or record of survey and any digital supporting documents. The plat, map or record of survey and the supporting documents must be in a form that is acceptable to the county recorder and the county assessor.

(Added to NRS by 1977, 1505 ; A 1979, 1501 ; 1987, 380 ; 1989, 796 ; 1991, 1890 ; 1993, 2579 ; 1997, 1065 , 2434 ;

2001, 1563 ; 2003, 2789 )

Maintenance of Certain Improvements

NRS 278.4955

NRS

278.4955

Requirements for submitting map of reversion.

1. The map of reversion submitted pursuant to NRS 278.490 must contain the appropriate certificates required by NRS 278.376 ,

278.3765 and 278.377 , if applicable, for the original division of the land, any agreement entered into for a required improvement pursuant to NRS 278.380 for the original division of the land, and the certificates required by NRS 278.496 and 278.4965 . If the map includes the reversion of any street or easement owned by a city, a county or the State, the provisions of NRS 278.480 must be followed before approval of the map.

1. The final map of reversion must:

(a) Be prepared by a professional land surveyor licensed pursuant to chapter 625 of NRS. The professional land surveyor shall state in his or her certificate that the map has been prepared from information on a recorded map or maps that are being reverted. The professional land surveyor may state in the certificate that he or she assumes no responsibility for the existence of the monuments or for correctness of other information shown on or copied from the document. The professional land surveyor shall include in the certificate information which is sufficient to identify clearly the recorded map or maps being reverted.

(b) Be clearly and legibly drawn in black permanent ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such a purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with black permanent ink.

1. The size of each sheet of the final map must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.

2. The scale of the final map must be large enough to show all details clearly, and enough sheets must be used to accomplish this end.

3. The particular number of the sheet and the total number of sheets comprising the final map must be stated on each of the sheets, and its relation to each adjoining sheet must be clearly shown.

4. Each future conveyance of the reverted property must contain a metes and bounds legal description of the property and must include the name and mailing address of the person who prepared the legal description.

(Added to NRS by 1993, 2558 ; A 1997, 1066 , 2438 ;

2003, 2791 ; 2023, 1271 )

NRS 278.5691

NRS

278.5691

Dedication of right to appropriate water: Prerequisites to supplier of water requiring dedication; prohibitions.

1. Before a supplier of water may require the dedication of a right to appropriate water in order to ensure a sufficient supply of water to provide new or modified water service to one or more parcels that will be developed, divided or subdivided pursuant to the provisions of this section and NRS 278.010 to 278.630 , inclusive, the dedication requirement must:

(a) Be required pursuant to an ordinance, rule, regulation or any other requirement adopted by the supplier of water;

(b) Be based on reliable data and procedures estimating demand;

(c) Consider any requirements for a sustainable water supply; and

(d) Consider historic usage by similar existing water services.

1. If a right to appropriate water has been dedicated pursuant to subsection 1 in connection with the approval of a final map filed pursuant to the provisions of this section and NRS 278.010 to 278.630 , inclusive, a supplier of water may not reduce the rate of diversion of the right to appropriate water that has been dedicated unless the State Engineer approves the reduction.

2. Except as otherwise provided in this subsection, a supplier of water may not sell, lease, convey or transfer a right to appropriate water that has been dedicated pursuant to subsection 1. This subsection does not apply to:

(a) Mergers and acquisitions of a water system owned or operated by a utility;

(b) Sales, leases, conveyances or transfers by the supplier of water to:

(1) Develop, improve or maintain the availability and reliability of the water supply; and

(2) Further the sustainable and efficient management of the water supply; or

(c) Settlements of judicial or administrative proceedings concerning a water system owned or operated by a utility.

1. As used in this section:

(a) “Final map” has the meaning ascribed to it in

NRS 278.0145 .

(b) “Modified water service” means a change or alteration to:

(1) The quantity of water delivered to one or more parcels;

(2) The capacity to deliver water to one or more parcels; or

(3) Any facility of the supplier of water necessitated by construction on one or more parcels.

(c) “Supplier of water” includes, without limitation:

(1) Any county, city, town, local improvement district, general improvement district and water conservancy district;

(2) Any water district, water system, water project or water planning and advisory board created by a special act of the Legislature;

(3) A public utility; and

(4) Any other public or private entity,

Ê that supplies water for municipal, industrial or domestic purposes.

(Added to NRS by 2019, 2531 )

NRS 278.5697

NRS

278.5697

Validity of electronic documents.

1. Except as otherwise provided in NRS 247.115 , if the provisions of NRS 278.320 to 278.5695 , inclusive, require that:

(a) A document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document if the file containing the document is locked electronically to prevent any changes to the document.

(b) A document be filed, submitted or presented, the requirement is satisfied if the document is filed, submitted or presented electronically and the file containing the document is locked electronically to prevent any changes to the document.

(c) A document be sealed or stamped, the requirement is satisfied if:

(1) The document is sealed or stamped electronically using an electronically prepared seal or stamp; and

(2) Secure encryption methods are in place to prevent the copying, transferring or removing of the seal or stamp, which must comply, without limitation, with any requirements for digital signatures set forth in chapter 720 of NRS and any regulations adopted pursuant thereto and any standards of the county recorder for such electronic documents.

(d) A document be signed, the requirement is satisfied by the use of a digital signature if the digital signature complies with:

(1) Any requirements regarding the use of digital signatures prescribed in chapter 720

of NRS and any regulations adopted pursuant thereto; and

(2) Any standards for the use of digital signatures adopted by the county recorder to whom the document is being submitted.

(e) A copy of a document to be forwarded, furnished or provided, the requirement is satisfied if the copy is forwarded, furnished or provided electronically.

1. Nothing in this section shall be construed to limit the authority of:

(a) The Secretary of State to adopt regulations regarding digital signatures pursuant to NRS 720.150 .

(b) A governmental agency to prescribe requirements relating to the use of electronic records or electronic signatures pursuant to NRS 719.350 .

(c) The State Board of Professional Engineers and Land Surveyors to prescribe requirements relating to the signing and stamping of documents produced by a professional engineer or land surveyor pursuant to NRS 625.565 .

(d) Any other governmental entity authorized by law to establish requirements or procedures relating to electronic documents or records.

(Added to NRS by 2021, 1297 )

INSPECTION OF STRUCTURES AND ENFORCEMENT OF ZONING REGULATIONS

NRS 278.587

NRS

278.587

Duty of city or county building official to notify State Board of Professional Engineers and Land Surveyors concerning submission of incomplete or rejected plans.

A city or county building official shall notify the State Board of Professional Engineers and Land Surveyors in writing if a licensed professional engineer or land surveyor:

1. Submits plans that are substantially incomplete; or

2. Submits plans for the same project that are rejected by the department at least three times.

(Added to NRS by 1997, 155 ; A 2001, 1248 )

NRS 284.171

NRS

284.171

Index of broad occupational groups.

For the purposes of NRS 353.205 and 353.224 , the Administrator shall prepare and maintain an index which categorizes all positions in the classified service of the State into the following broad occupational groups:

1. Occupations in the fields of agriculture and conservation.

2. Clerical and related occupations.

3. Occupations relating to custodial and domestic services.

4. Occupations relating to library services.

5. Occupations in the field of education.

6. Engineering and allied occupations.

7. Occupations in fiscal management and related staff services.

8. Occupations relating to legal services.

9. Occupations in the mechanical and construction trades.

10. Occupations in the fields of medicine and health and related services.

11. Occupations in regulatory fields and in public safety.

12. Occupations in social services and rehabilitation.

13. Positions that require certification by the Peace Officers’ Standards and Training Commission pursuant to NRS 289.150 to 289.360 , inclusive.

14. Other occupations.

(Added to NRS by 1979, 606 ; A 1983, 625 ; 1987, 1324 ; 2001, 1440 ; 2007, 2842 )

NRS 288.151

NRS

288.151

Reduction in workforce of school district.

Notwithstanding the provisions of any collective bargaining agreement or contract of employment to the contrary:

1. Except as otherwise provided in subsections 2 to 6, inclusive, if the board of trustees of a school district determines that a reduction in the existing workforce of the licensed educational personnel in the school district is necessary, the decision to lay off a teacher or an administrator must be based solely on the overall performance of the teacher or administrator under the statewide performance evaluation system adopted by the State Board pursuant to NRS 391.465 . When determining the manner in which to reduce the existing workforce, the board of trustees of a school district must lay off a teacher or administrator whose overall performance has been determined to be:

(a) Ineffective, before laying off a teacher or administrator whose overall performance has been determined to be developing, effective or highly effective;

(b) Developing, before laying off a teacher or administrator whose overall performance has been determined to be effective or highly effective; and

(c) Effective, before laying off a teacher or administrator whose overall performance has been determined to be highly effective.

1. Except as otherwise provided in subsection 6, if the board of trustees of a school district determines that a further reduction in the existing workforce of the licensed educational personnel in a school district beyond that made pursuant to subsection 1 is necessary, the board of trustees must lay off a teacher or administrator whose employment record includes:

(a) A criminal record that resulted in the suspension of the teacher or administrator; or

(b) Disciplinary action that resulted in the suspension of the teacher or administrator and that was uncontested or has been finally adjudicated;

Ê before laying off a teacher or administrator whose employment record does not include such a record or disciplinary action.

1. The board of trustees shall lay off teachers or administrators whose employment records include disciplinary actions that resulted in the suspension of the teacher or administrator pursuant to subsection 2 in the order of severity of the disciplinary action, with those employees whose employment record includes more severe disciplinary action being laid off first.

2. Except as otherwise provided in subsection 6, if the board of trustees of a school district determines that a further reduction in the existing workforce of licensed educational personnel beyond that made pursuant to subsection 2 is necessary, the decision to lay off a teacher or administrator must be based on the following factors:

(a) Whether the teacher or administrator is employed in a position which is hard to fill;

(b) Whether the teacher or administrator has received a national board certification;

(c) The type of licensure held by the teacher or administrator; and

(d) The type of degree attained by the teacher or administrator and whether the degree is in a subject area that is related to his or her position.

1. If, after consideration of the factors described in subsections 1 to 4, inclusive, two or more teachers or administrators are similarly situated, the board of trustees of the school district may give preference to the more senior teacher or administrator.

2. The board of trustees of a school district is not required to take the actions described in subsections 1 to 4, inclusive, with regard to a teacher who teaches in a school in the district in a subject area for which there is a shortage of teachers, which may include, without limitation, science, technology, engineering, mathematics, special education and English as a second language.

(Added to NRS by 2011, 2295 ; A 2015, 3837 ; 2017, 2148 )

NRS 288.515

NRS

288.515

Establishment of bargaining units; exception; classifications of employees within bargaining units.

1. Except at otherwise provided in subsection 2, the Board shall establish one bargaining unit for each of the following occupational groups of employees of the Executive Department:

(a) Labor, maintenance, custodial and institutional employees, including, without limitation, employees of penal and correctional institutions who are not responsible for security at those institutions.

(b) Administrative and clerical employees, including, without limitation, legal support staff and employees whose work involves general office work, or keeping or examining records and accounts.

(c) Technical aides to professional employees, including, without limitation, computer programmers, tax examiners, conservation employees and regulatory inspectors.

(d) Professional employees who do not provide health care, including, without limitation, engineers, scientists and accountants.

(e) Professional employees who provide health care, including, without limitation, physical therapists and other employees in medical and other professions related to health.

(f) Employees, other than professional employees, who provide health care and personal care, including, without limitation, employees who provide care for children.

(g) Category I peace officers.

(h) Category II peace officers.

(i) Category III peace officers.

(j) Supervisory employees from all occupational groups other than firefighters and category I, category II or category III peace officers.

(k) Firefighters.

(l) Supervisory employees who are category I peace officers.

(m) Supervisory employees who are category II peace officers.

(n) Supervisory employees who are category III peace officers.

(o) Supervisory employees who are firefighters.

1. Any bargaining unit established for peace officers pursuant to subsection 1 must be composed exclusively of peace officers.

2. The Board shall determine the classifications of employees within each bargaining unit. The parties to a collective bargaining agreement may assign a new classification to a bargaining unit based upon the similarity of the new classification to other classifications within the bargaining unit. If the parties to a collective bargaining agreement do not agree to the assignment of a new classification to a bargaining unit, the Board must assign a new classification to a bargaining unit based upon the similarity of the new classification to other classifications within the bargaining unit.

3. As used in this section:

(a) “Category I peace officer” has the meaning ascribed to it in NRS 289.460 .

(b) “Category II peace officer” has the meaning ascribed to it in NRS 289.470 .

(c) “Category III peace officer” has the meaning ascribed to it in NRS 289.480 .

(d) “Professional employee” means an employee engaged in work that:

(1) Is predominately intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work;

(2) Involves the consistent exercise of discretion and judgment in its performance;

(3) Is of such a character that the result accomplished or produced cannot be standardized in relation to a given period; and

(4) Requires advanced knowledge in a field of science or learning customarily acquired through a prolonged course of specialized intellectual instruction and study in an institution of higher learning, as distinguished from general academic education, an apprenticeship or training in the performance of routine mental or physical processes.

(e) “Supervisory employee” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 288.138 .

(Added to NRS by 2019, 3735 ; A 2023, 2798 )

NRS 308.030

NRS

308.030

Filing of service plan.

1. Any prospective petitioner for the establishment of a special district shall file a service plan with the board of county commissioners of each county which has territory included within the boundaries of the proposed district. The service plan shall:

(a) Consist of a financial survey and a preliminary engineering or architectural survey showing how the proposed services are to be provided and financed.

(b) Include a map of the proposed district boundaries, an estimate of the population and assessed valuation of the proposed district.

(c) Describe the facilities to be constructed, the standards of such construction, the services to be provided by the district, an estimate of costs, including the cost of acquiring land, engineering services, legal services, proposed indebtedness, including proposed maximum interest rates and any discounts, any other proposed bonds and any other securities to be issued, their type or character, annual operation and maintenance expenses, and other major expenses related to the formation and operation of the district.

(d) Outline the details of any arrangement or proposed agreement with any city or town for the performance of any services between the proposed special district and such city or town. The form of any such contract to be used, if available, shall be attached to the service plan.

Ê If a board of county commissioners initiates the formation of a special district, it shall prepare such a service plan as an appendix to its initiating resolution.

1. Except where the formation of a district is initiated by a board of county commissioners, each service plan filed shall be accompanied by a processing fee set by the board of county commissioners not to exceed $200 which shall be deposited in the county general fund. Such processing fee shall be sufficient to cover the costs related to the hearing prescribed by NRS 308.070 , including the costs of notice, publication and recording of testimony.

(Added to NRS by 1967, 1681 ; A 1977, 518 )

NRS 324.050

NRS

324.050

Report of State Registrar of Lands Under Carey Act; pending proceedings not made public.

1. Before September 1 of each even-numbered year, for the biennium ending June 30 of such year, the State Registrar of Lands Under the Carey Act shall prepare a detailed report of the transactions concerning Carey Act lands and file one copy of the report with the Secretary of State.

2. All pending proceedings before the Division and the State Engineer, except applications for permits for water rights, must not be made public or be open to public inspection until the application for segregation is filed in the Bureau of Land Management.

[29:76:1911; RL § 3092; NCL § 5503]—(NRS A 1969, 1456 ; 1975, 108 ; 1977, 1193 ; 1979, 228 )

NRS 324.110

NRS

324.110

Compensation of State Engineer.

1. The State Engineer must be compensated for his or her services by such fees and expense allowances as are authorized by law to be assessed against an applicant for a water right. The expense of the inspection, supervision and report of the State Engineer upon the proposed irrigation works of an applicant and all other services of the State Engineer, if it is not covered by law, must be assessed against the applicant, and is required in advance. The State Engineer shall submit a statement to the Division.

2. Except in special cases and for unusual services, the work of the State Engineer in connection with the Carey Act must be done under the fee and compensation system of his or her office.

[27:76:1911; RL § 3090; NCL § 5501]—(NRS A 1977, 1194 ; 1979, 230 )

NRS 324.120

NRS

324.120

Applications for segregations: Contents; filing fee.

1. Any natural person, association, company or corporation desiring to construct impounding dams, canals, ditches or other irrigation works, pumping plants, or artesian wells to reclaim lands under the provisions of this chapter, may file with the Division an application for any land which is listed by the Division as being available for reclamation through the Division.

2. Any person who is a citizen of the United States, or a lawful permanent resident of the United States, and who is more than 18 years of age may file an application with the Division for that land in an amount not exceeding 160 acres.

3. An application must:

(a) Be prepared and submitted in accordance with such regulations as the Division may adopt, which must conform with applicable regulations of the Department of the Interior.

(b) Be accompanied by proof that an active application for a permit to appropriate water is on file in the Office of the State Engineer.

(c) Be accompanied by the fee prescribed by this chapter.

(d) State that the applicant desires the land for actually reclaiming, cultivating and settling it in accordance with the Carey Act and the laws and regulations of this State.

(e) State that the applicant, if granted the amount of land requested in the application, will not have received a total amount of land through the provisions of this chapter exceeding 160 acres.

[3:76:1911; RL § 3066; NCL § 5477] + [4:76:1911; RL § 3067; NCL § 5478]—(NRS A 1977, 375 , 1194 ;

1979, 230 )

NRS 324.130

NRS

324.130

Report of State Engineer on application for segregation; action by Division.

1. All applications for Carey Act lands which are prepared and submitted in accordance with the regulations of the Division and of the Department of the Interior must be referred to the State Engineer. The State Engineer shall submit a written report which includes information regarding the water supply, the status of the water right, and other data necessary to enable the State Registrar of Lands Under the Carey Act to make the proper application and certification required by the Bureau of Land Management in such cases.

2. No application on which the State Engineer has reported adversely may be approved by the Division. If the State Engineer reports favorably on an application, the Division shall, at its earliest convenience, consider the application. If the Division approves the application, or if the applicant accepts and the Division approves a modified application, the State Registrar of Lands Under the Carey Act shall file in the proper office of the Bureau of Land Management a request for the segregation of the lands described.

[5:76:1911; RL § 3068; NCL § 5479]—(NRS A 1975, 109 ; 1977, 1195 ; 1979, 231 )

NRS 324.160

NRS

324.160

Contract between Division and applicant: Contents; conditions; bond; forfeiture.

1. Upon approval by the Secretary of the Interior of the application for a segregation, the Division must enter into a contract with the applicant for the segregation. The contract must contain:

(a) Such complete specifications with respect to the system of irrigation works proposed to reclaim the lands of the segregation as the Division prescribes by regulation.

(b) The price, conditions and terms per acre at which the irrigation works and perpetual water rights will be sold to settlers.

(c) The price, terms and conditions on which the State is to dispose of the lands to settlers.

(d) Such additional requirements and stipulations as are necessary to protect the good reputation of the State and the rights of all parties in interest from the date of the contract to the complete consummation of the enterprise.

1. The contract must not be entered into until the contractor has filed a satisfactory bond in a penal sum equal to 5 percent of the estimated cost of the works which is conditioned upon the faithful performance of the contract with this state.

2. If, within 3 months after notice by the Division to the applicant, by registered or certified letter addressed to the applicant’s last known address, that the segregation has been approved by the Secretary of the Interior, the applicant or his or her agent fails to appear and execute a contract with the State and supply the bond as required, the applicant defaults his or her interest in the land to the State, unless the Division grants an extension of time which may not exceed 30 days. The Division may advertise the interest of the applicant for sale and sell it to the highest bidder under such regulations as the Division prescribes, and sell the interest and enter into a contract covering the segregation with the purchaser. In such a case the State Engineer shall transfer the application for the water right to the purchaser. The proceeds of the sale must be used to reimburse the Division for the costs of the advertisement and sale. The surplus, if any, must be deposited in the Carey Act Account.

[8:76:1911; RL § 3071; NCL § 5482]—(NRS A 1969, 95 ; 1977, 1196 ; 1979, 232 , 665 ;

1991, 1765 )

NRS 324.180

NRS

324.180

Modifications of contracts.

Any contract entered into pursuant to the provisions of this chapter may subsequently be modified if in the opinion of the Division the modification conserves and protects the public welfare and the rights of settlers. If the modification relates to changes in the irrigation works or to an extension of time for its completion, the consent of the State Engineer is a condition precedent to any modification by the Division.

[10:76:1911; RL § 3073; NCL § 5484]—(NRS A 1977, 1197 ; 1979, 232 )

NRS 324.210

NRS

324.210

Forfeiture of contract and bond: Notice; sale of uncompleted works.

1. Upon the failure of any party having a contract with the State for the construction of irrigation works to begin the works within the time specified by the contract, or to complete the works within the time or in accordance with the specifications of the contract to the satisfaction of the State Engineer, the Division shall give the party written notice of the failure. If after a period of 60 days after the sending of the notice, the party fails to proceed with the work or to conform to the specifications of the contract, the bond and contract of the party and all works constructed under it are forfeited to the State. The Division shall at once so declare and give notice once a week for a period of 4 weeks in some newspaper of general circulation in the county or counties in which the work is situated, and in one newspaper at the State Capital in like manner and for a like period, of:

(a) The forfeiture of the contract; and

(b) That upon a fixed day proposals will be received at the office of the Division for the purchase of the uncompleted works and for the completion of the contract.

1. The Division shall give notice in its advertisement for proposals for the purchase of the uncompleted works that the successful bidder is required, before the transfer of ownership, to furnish a satisfactory bond in a prescribed sum conditioned for the faithful fulfillment of the uncompleted provisions of the contract.

2. The time of receiving bids must be at least 60 days after the issuing of the last notice of forfeiture.

3. The money received by the Division from the sale of partially completed works under the provisions of this section must first be applied to the expenses incurred by the State in their forfeiture and disposal and to satisfy the bond. The surplus, if any exists, must be deposited in the Carey Act Account.

[15:76:1911; RL § 3078; NCL § 5489]—(NRS A 1975, 110 ; 1977, 1198 ; 1979, 233 ; 1991, 1765 )

NRS 328.065

NRS

328.065

Application to State for cession of jurisdiction, appropriation of water or consent to close public road.

An officer of an agency or instrumentality of the United States:

1. May apply to the Director of the Legislative Counsel Bureau pursuant to NRS 328.065 to 328.135 , inclusive, to obtain a cession of concurrent criminal jurisdiction or other jurisdiction from the State of Nevada.

2. Shall apply to the State Engineer pursuant to Title 48 of NRS to appropriate water on the public lands or other federal lands of this state. The State Engineer has continuing jurisdiction over any acquisition by the United States of the waters of the State of Nevada, whether by purchase, gift, condemnation, appropriation pursuant to the state’s water laws or otherwise, and whether appurtenant to lands acquired by or retained by the United States.

3. Shall apply to the Department of Transportation pursuant to the procedure set forth in NRS 408.537 , 408.543 and 408.547 for consent to close a public road, as defined in NRS 405.191 , which is located on the public lands of this state.

(Added to NRS by 1981, 918 ; A 2021, 564 )

NRS 328.120

NRS

328.120

State Engineer to give technical and engineering advice on water rights, reclamation, control of floods and protection of watersheds.

On matters under the provisions of NRS 328.065 to 328.135 , inclusive, affecting water rights, reclamation, flood control and watershed protection, the Legislative Commission shall call upon the State Engineer for technical and engineering advice, and the water law of this state is the rule of decision in all matters relating to water rights.

[14:108:1947; 1943 NCL § 2898.14]—(NRS A 1981, 921 )

NRS 331.060

NRS

331.060

Employees of Buildings and Grounds Section.

1. The Administrator shall, within the limits of legislative appropriations, employ such clerks, engineers, electricians, painters, mechanics, janitors, gardeners and other persons as may be necessary to carry out the provisions of NRS 331.010 to 331.145 , inclusive.

2. The employees shall perform duties as assigned by the Administrator.

3. The Administrator is responsible for the fitness and good conduct of all employees.

[12:320:1949; 1943 NCL § 6976.32]—(NRS A 1959, 160 ; 1967, 1493 ; 1971, 1430 ; 1973, 1462 ; 1985, 273 , 365 ;

1993, 1558 , 2530 ;

1995, 703 , 2307 ;

1997, 1313 ; 2011, 2955 )

NRS 332.352

NRS

332.352

Criteria for qualification as qualified service company.

1. Except as otherwise provided in NRS 332.353 , a local government shall use the following criteria for determining whether a person satisfies the requirements to be a qualified service company pursuant to NRS 332.360 :

(a) The financial ability of the applicant to perform the work required by the local government;

(b) Whether the applicant possesses a state business license issued pursuant to chapter 76

of NRS;

(c) Whether the applicant possesses a valid contractor’s license issued pursuant to chapter 624 of NRS of a class corresponding to the work required by the local government and, if engineering work is required, whether the applicant possesses a valid license as a professional engineer issued pursuant to chapter 625 of NRS;

(d) Whether the applicant has the ability to obtain the necessary bonding for the work required by the local government;

(e) Whether the applicant has successfully completed an appropriate number of projects as determined by the local government, but not to exceed five projects, during the 5 years immediately preceding the date of application of similar size, scope or type as the work required by the local government;

(f) Whether the principal personnel employed by the applicant have the necessary professional qualifications and experience for the work required by the local government;

(g) Whether the applicant has breached any contracts with a public agency or person in this State or any other state during the 5 years immediately preceding the date of application;

(h) Whether the applicant has been disqualified from being awarded a contract by any governing body in the State of Nevada;

(i) Whether the applicant has been convicted of a violation for discrimination in employment during the 2 years immediately preceding the date of application;

(j) Whether the applicant has the ability to obtain and maintain insurance coverage for public liability and property damage within limits sufficient to protect the applicant and all the subcontractors of the applicant from claims for personal injury, accidental death and damage to property that may arise in connection with the work required by the local government;

(k) Whether the applicant has established a safety program that complies with the requirements of chapter 618 of NRS;

(l) Whether the applicant has been disciplined or fined by the State Contractors’ Board or another state or federal agency for conduct that relates to the ability of the applicant to perform the work required by the local government;

(m) Whether, during the 5 years immediately preceding the date of application, the applicant has filed as a debtor under the provisions of the United States Bankruptcy Code;

(n) Whether the application is truthful and complete; and

(o) Whether, during the 5 years immediately preceding the date of the application, the applicant has, as a result of causes within the control of the applicant or a subcontractor or supplier of the applicant, failed to perform any contract:

(1) In the manner specified by the contract and any change orders initiated or approved by the person or governmental entity that awarded the contract or its authorized representative;

(2) Within the time specified by the contract unless extended by the person or governmental entity that awarded the contract or its authorized representative; or

(3) For the amount of money specified in the contract or as modified by any change orders initiated or approved by the person or governmental entity that awarded the contract or its authorized representative.

Ê Evidence of the failures described in this subsection may include, without limitation, the assessment of liquidated damages against the applicant, the forfeiture of any bonds posted by the applicant, an arbitration award granted against the applicant or a decision by a court of law against the applicant.

1. Except as otherwise provided in NRS 332.353 , in addition to the criteria described in subsection 1, the local government may use any other relevant criteria that are necessary to determine whether a person satisfies the requirements to be a qualified service company pursuant to NRS 332.360 .

(Added to NRS by 2009, 963 )

NRS 332.360

NRS

332.360

Authority of local government to enter into performance contract; purpose of performance contract; operational audits; third-party consultants.

1. Notwithstanding any provision of this chapter and chapter 338 of NRS to the contrary, a local government may enter into a performance contract with a qualified service company for the purchase and installation of an operating cost-savings measure to reduce costs related to energy, water and the disposal of waste, and related labor costs. Such a performance contract may be in the form of an installment payment contract or a lease-purchase contract. Any operating cost-savings measures put into place as a result of a performance contract must comply with all applicable building codes.

2. If a local government is interested in entering into a performance contract, the local government shall notify each appropriate qualified service company and coordinate an opportunity for each such qualified service company to:

(a) Perform a preliminary and comprehensive audit and assessment of all potential operating cost-savings measures that might be implemented within the buildings of the local government, including any operating cost-savings measures specifically requested by the local government; and

(b) Submit a proposal and make a related presentation to the local government for all such operating cost-savings measures that the qualified service company determines would be practicable to implement.

1. The local government shall:

(a) Evaluate the proposals and presentations made pursuant to subsection 2; and

(b) Select a qualified service company,

Ê pursuant to the provisions of NRS 332.300 to 332.440 , inclusive.

1. The local government may enter into a contract with the Office of Energy or retain the professional services of a third-party consultant with the requisite technical expertise to assist the local government in evaluating the proposals and presentations pursuant to subsection

2. If the local government retains the professional services of a third-party consultant, the third-party consultant must possess a state business license issued pursuant to chapter 76 of NRS and any other applicable licenses issued by a licensing board in this State in the same discipline in which the consultant will be advising the local government.

3. The qualified service company selected by the local government pursuant to subsection 3 shall prepare a financial-grade operational audit. Except as otherwise provided in this subsection, the audit prepared by the qualified service company becomes, upon acceptance, a part of the final performance contract and the costs incurred by the qualified service company in preparing the audit shall be deemed to be part of the performance contract. If, after the audit is prepared, the local government decides not to execute the performance contract, the local government shall pay the qualified service company that prepared the audit the costs incurred by the qualified service company in preparing the audit if the local government has specifically appropriated money for that purpose.

4. The local government shall enter into a contract with the Office of Energy or retain the professional services of a third-party consultant with the requisite technical expertise to assist the local government in reviewing the operating cost-savings measures proposed by the qualified service company and may procure sufficient funding from the qualified service company, through negotiation, to pay for the costs incurred by the Office of Energy or the third-party consultant. If the local government retains the professional services of a third-party consultant, the third-party consultant must be licensed pursuant to chapter 625 of NRS and certified by the Association of Energy Engineers as a “Certified Energy Manager” or hold similar credentials from a comparable nationally recognized organization. The Office of Energy or a third-party consultant retained pursuant to this subsection shall work on behalf and for the benefit of the local government in coordination with the qualified service company.

(Added to NRS by 2003, 3051 ; A 2009, 967 ; 2013, 2120 )

NRS 333.705

NRS

333.705

Contracts for services: Limitations and requirements; approval by State Board of Examiners; emergencies; reports to Interim Finance Committee; exceptions. [Effective through December 31, 2025.]

1. Except as otherwise provided in this section, a using agency shall not enter into a contract with a person to provide services for the using agency if:

(a) The person is a current employee of an agency of this State;

(b) The person is a former employee of an agency of this State and less than 2 years have expired since the termination of the person’s employment with the State; or

(c) The person is employed by the Department of Transportation for a transportation project that is entirely funded by federal money and the term of the contract is for more than 4 years,

Ê unless the using agency submits a written disclosure to the State Board of Examiners indicating the services to be provided pursuant to the contract and the person who will be providing those services and, after reviewing the disclosure, the State Board of Examiners approves entering into a contract with the person. The requirements of this subsection apply to any person employed by a business or other entity that enters into a contract to provide services for a using agency if the person will be performing or producing the services for which the business or entity is employed.

1. The provisions of paragraph (b) of subsection 1 apply to employment through a temporary employment service. A temporary employment service providing employees for a using agency shall provide the using agency with the names of the employees to be provided to the agency. The State Board of Examiners shall not approve a contract pursuant to paragraph (b) of subsection 1 unless the Board determines that one or more of the following circumstances exist:

(a) The person provides services that are not provided by any other employee of the using agency or for which a critical labor shortage exists; or

(b) A short-term need or unusual economic circumstance exists for the using agency to contract with the person.

1. The approval by the State Board of Examiners to contract with a person pursuant to subsection 1:

(a) May occur at the same time and in the same manner as the approval by the State Board of Examiners of a proposed contract pursuant to subsection 7 of NRS 333.700 ; and

(b) Must occur before the date on which the contract becomes binding on the using agency.

1. A using agency may contract with a person pursuant to paragraph (a) or (b) of subsection 1 without obtaining the approval of the State Board of Examiners if the term of the contract is for less than 4 months and the head of the using agency determines that an emergency exists which necessitates the contract. If a using agency contracts with a person pursuant to this subsection, the using agency shall submit a copy of the contract and a description of the emergency to the State Board of Examiners, which shall review the contract and the description of the emergency and notify the using agency whether the State Board of Examiners would have approved the contract if it had not been entered into pursuant to this subsection.

2. Except as otherwise provided in subsection 9, a using agency shall, not later than 10 days after the end of each fiscal quarter, report to the Interim Finance Committee concerning all contracts to provide services for the using agency that were entered into by the using agency during the fiscal quarter with a person who is a current or former employee of a department, division or other agency of this State.

3. Except as otherwise provided in subsection 9, a using agency shall not contract with a temporary employment service unless the contracting process is controlled by rules of open competitive bidding.

4. Each board or commission of this State and each institution of the Nevada System of Higher Education that employs a consultant shall, at least once every 6 months, submit to the Interim Finance Committee a report setting forth:

(a) The number of consultants employed by the board, commission or institution;

(b) The purpose for which the board, commission or institution employs each consultant;

(c) The amount of money or other remuneration received by each consultant from the board, commission or institution; and

(d) The length of time each consultant has been employed by the board, commission or institution.

1. A using agency, board or commission of this State and each institution of the Nevada System of Higher Education:

(a) Shall make every effort to limit the number of contracts it enters into with persons to provide services which have a term of more than 2 years and which are in the amount of less than $1,000,000; and

(b) Shall not enter into a contract with a person to provide services without ensuring that the person is in active and good standing with the Secretary of State.

1. The provisions of subsections 1 to 6, inclusive, do not apply to:

(a) The Nevada System of Higher Education or a board or commission of this State.

(b) The employment of professional engineers by the Department of Transportation if those engineers are employed for a transportation project that is entirely funded by federal money.

(c) Contracts in the amount of $1,000,000 or more entered into:

(1) Pursuant to the State Plan for Medicaid established pursuant to NRS 422.063 .

(2) For financial services.

(3) Pursuant to the Public Employees’ Benefits Program.

(d) The employment of a person by a business or entity which is a provider of services under the State Plan for Medicaid and which provides such services on a fee-for-service basis or through managed care.

(e) The employment of a former employee of an agency of this State who is not receiving retirement benefits under the Public Employees’ Retirement System during the duration of the contract.

(Added to NRS by 2013, 47 ; A 2017, 585 )

NRS

333.705

Contracts for services: Limitations and requirements; approval by State Board of Examiners; emergencies; reports to Interim Finance Committee; exceptions. [Effective January 1, 2026.]

1. Except as otherwise provided in this section, a using agency shall not enter into a contract with a person to provide services for the using agency if:

(a) The person is a current employee of an agency of this State;

(b) The person is a former employee of an agency of this State and less than 2 years have expired since the termination of the person’s employment with the State; or

(c) The person is employed by the Department of Transportation for a transportation project that is entirely funded by federal money and the term of the contract is for more than 4 years,

Ê unless the using agency submits a written disclosure to the State Board of Examiners indicating the services to be provided pursuant to the contract and the person who will be providing those services and, after reviewing the disclosure, the State Board of Examiners approves entering into a contract with the person. The requirements of this subsection apply to any person employed by a business or other entity that enters into a contract to provide services for a using agency if the person will be performing or producing the services for which the business or entity is employed.

1. The provisions of paragraph (b) of subsection 1 apply to employment through a temporary employment service. A temporary employment service providing employees for a using agency shall provide the using agency with the names of the employees to be provided to the agency. The State Board of Examiners shall not approve a contract pursuant to paragraph (b) of subsection 1 unless the Board determines that one or more of the following circumstances exist:

(a) The person provides services that are not provided by any other employee of the using agency or for which a critical labor shortage exists; or

(b) A short-term need or unusual economic circumstance exists for the using agency to contract with the person.

1. The approval by the State Board of Examiners to contract with a person pursuant to subsection 1:

(a) May occur at the same time and in the same manner as the approval by the State Board of Examiners of a proposed contract pursuant to subsection 7 of NRS 333.700 ; and

(b) Must occur before the date on which the contract becomes binding on the using agency.

1. A using agency may contract with a person pursuant to paragraph (a) or (b) of subsection 1 without obtaining the approval of the State Board of Examiners if the term of the contract is for less than 4 months and the head of the using agency determines that an emergency exists which necessitates the contract. If a using agency contracts with a person pursuant to this subsection, the using agency shall submit a copy of the contract and a description of the emergency to the State Board of Examiners, which shall review the contract and the description of the emergency and notify the using agency whether the State Board of Examiners would have approved the contract if it had not been entered into pursuant to this subsection.

2. Except as otherwise provided in subsection 9, a using agency shall, not later than 10 days after the end of each fiscal quarter, report to the Interim Finance Committee concerning all contracts to provide services for the using agency that were entered into by the using agency during the fiscal quarter with a person who is a current or former employee of a department, division or other agency of this State.

3. Except as otherwise provided in subsection 9, a using agency shall not contract with a temporary employment service unless the contracting process is controlled by rules of open competitive bidding.

4. Each board or commission of this State and each institution of the Nevada System of Higher Education that employs a consultant shall, at least once every 6 months, submit to the Interim Finance Committee a report setting forth:

(a) The number of consultants employed by the board, commission or institution;

(b) The purpose for which the board, commission or institution employs each consultant;

(c) The amount of money or other remuneration received by each consultant from the board, commission or institution; and

(d) The length of time each consultant has been employed by the board, commission or institution.

1. A using agency, board or commission of this State and each institution of the Nevada System of Higher Education:

(a) Shall make every effort to limit the number of contracts it enters into with persons to provide services which have a term of more than 2 years and which are in the amount of less than $1,000,000; and

(b) Shall not enter into a contract with a person to provide services without ensuring that the person is in active and good standing with the Secretary of State.

1. The provisions of subsections 1 to 6, inclusive, do not apply to:

(a) The Nevada System of Higher Education or a board or commission of this State.

(b) The employment of professional engineers by the Department of Transportation if those engineers are employed for a transportation project that is entirely funded by federal money.

(c) Contracts in the amount of $1,000,000 or more entered into:

(1) Pursuant to the State Plan for Medicaid established pursuant to NRS 422.063 .

(2) For financial services.

(3) Pursuant to the Public Employees’ Benefits Program.

(4) Pursuant to the Public Option established pursuant to NRS 695K.200 .

(d) The employment of a person by a business or entity which is a provider of services under the State Plan for Medicaid and which provides such services on a fee-for-service basis or through managed care.

(e) The employment of a former employee of an agency of this State who is not receiving retirement benefits under the Public Employees’ Retirement System during the duration of the contract.

(Added to NRS by 2013, 47 ; A 2017, 585 ; 2021, 3634 , effective January 1, 2026)

NRS 338.010

NRS

338.010

Definitions.

As used in this chapter:

1. “Authorized representative” means a person designated by a public body to be responsible for the development, solicitation, award or administration of contracts for public works pursuant to this chapter.

2. “Bona fide fringe benefit” means a benefit in the form of a contribution that is made not less frequently than monthly to an independent third party pursuant to a fund, plan or program:

(a) Which is established for the sole and exclusive benefit of a worker and his or her family and dependents; and

(b) For which none of the assets will revert to, or otherwise be credited to, any contributing employer or sponsor of the fund, plan or program.

Ê The term includes, without limitation, benefits for a worker that are determined pursuant to a collective bargaining agreement and included in the determination of the prevailing wage by the Labor Commissioner pursuant to NRS 338.030 .

1. “Contract” means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work.

2. “Contractor” means:

(a) A person who is licensed pursuant to the provisions of chapter 624 of NRS.

(b) A design-build team.

1. “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a worker or workers employed by them on public works by the day and not under a contract in writing.

2. “Design-build contract” means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.

3. “Design-build team” means an entity that consists of:

(a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and

(b) For a public work that consists of:

(1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.

(2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or landscape architecture pursuant to chapter 623A

of NRS or who is licensed as a professional engineer pursuant to chapter 625 of NRS.

1. “Design professional” means:

(a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;

(b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;

(c) A person who holds a certificate of registration to engage in the practice of architecture, interior design or residential design pursuant to chapter 623 of NRS;

(d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or

(e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.

1. “Discrete project” means one or more public works which are undertaken on a single construction site for a single public body. The term does not include one or more public works that are undertaken on multiple construction sites regardless of whether the public body which sponsors or finances the public works bundles the public works together.

2. “Division” means the State Public Works Division of the Department of Administration.

3. “Eligible bidder” means a person who is:

(a) Found to be a responsible and responsive contractor by a local government or its authorized representative which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373 ; or

(b) Determined by a public body or its authorized representative which awarded a contract for a public work pursuant to NRS 338.1375 to 338.139 , inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379

or 338.1382 .

1. “General contractor” means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:

(a) General engineering contracting, as described in subsection 2 of NRS 624.215 .

(b) General building contracting, as described in subsection 3 of NRS 624.215 .

1. “Governing body” means the board, council, commission or other body in which the general legislative and fiscal powers of a local government are vested.

2. “Horizontal construction” means any construction, alteration, repair, renovation, demolition or remodeling necessary to complete a public work, including, without limitation, any irrigation, drainage, water supply, flood control, harbor, railroad, highway, tunnel, airport or airway, sewer, sewage disposal plant or water treatment facility and any ancillary vertical components thereof, bridge, inland waterway, pipeline for the transmission of petroleum or any other liquid or gaseous substance, pier, and any other work incidental thereto. The term does not include vertical construction, the construction of any terminal or other building of an airport or airway, or the construction of any other building.

3. “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A , 318 , 318A ,

379 , 474 , 538 , 541 , 543 and 555 of NRS, NRS 450.550 to 450.750 , inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes a person who has been designated by the governing body of a local government to serve as its authorized representative.

1. “Offense” means:

(a) Failing to:

(1) Pay the prevailing wage required pursuant to this chapter;

(2) Pay the contributions for unemployment compensation required pursuant to chapter 612

of NRS;

(3) Provide and secure compensation for employees required pursuant to chapters 616A

to 617 , inclusive, of NRS; or

(4) Comply with subsection 5 or 6 of NRS 338.070 .

(b) Discharging an obligation to pay wages in a manner that violates the provisions of NRS 338.035 .

1. “Prime contractor” means a contractor who:

(a) Contracts to construct an entire project;

(b) Coordinates all work performed on the entire project;

(c) Uses his or her own workforce to perform all or a part of the public work; and

(d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.

Ê The term includes, without limitation, a general contractor or a specialty contractor who is authorized to bid on a project pursuant to NRS 338.139 or 338.148 .

1. “Public body” means the State, county, city, town, school district or any public agency of this State or its political subdivisions sponsoring or financing a public work.

2. “Public work” means any project for the new construction, repair or reconstruction of a project financed in whole or in part from public money for:

(a) Public buildings;

(b) Jails and prisons;

(c) Public roads;

(d) Public highways;

(e) Public streets and alleys;

(f) Public utilities;

(g) Publicly owned water mains and sewers;

(h) Public parks and playgrounds;

(i) Public convention facilities which are financed at least in part with public money; and

(j) All other publicly owned works and property.

1. “Specialty contractor” means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215 .

2. “Stand-alone underground utility project” means an underground utility project that is not integrated into a larger project, including, without limitation:

(a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and

(b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,

Ê that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711 .

1. “Subcontract” means a written contract entered into between:

(a) A contractor and a subcontractor or supplier; or

(b) A subcontractor and another subcontractor or supplier,

Ê for the provision of labor, materials, equipment or supplies for a construction project.

1. “Subcontractor” means a person who:

(a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS; and

(b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project.

1. “Supplier” means a person who provides materials, equipment or supplies for a construction project.

2. “Vertical construction” means any construction, alteration, repair, renovation, demolition or remodeling necessary to complete a public work for any building, structure or other improvement that is predominantly vertical, including, without limitation, a building, structure or improvement for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, and any other work or improvement appurtenant thereto.

3. “Wages” means:

(a) The basic hourly rate of pay; and

(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other bona fide fringe benefits which are a benefit to the worker.

1. “Worker” means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. The term does not include a design professional.

[1 1/2:139:1937; added 1941, 389 ; 1931 NCL § 6179.51 1/2]—(NRS A 1969, 735 ; 1979, 1288 ; 1981, 526 ; 1983, 130 , 1573 ;

1989, 1965 ; 1993, 392 , 2131 ,

2247 ;

1995, 691 ; 1999, 1849 , 1991 ,

2396 ,

3472 ,

3502 ;

2001, 252 , 1143 ,

1268 ,

2022 ,

2258 ,

2276 ;

2003, 119 , 124 ,

1518 ,

1986 ,

2411 ,

2489 ;

2005, 1793 ; 2011, 490 , 2959 ;

2013, 750 , 2958 ;

2015, 2375 ; 2017, 2034 , 2718 ,

4035 ;

2019, 696 ; 2021, 732 , 736 ,

2218 )

NRS 338.141

NRS

338.141

Bids to include certain information concerning subcontractors and prime contractors; when bids deemed not responsive with respect to subcontractors; requirements and penalties for substitution of named subcontractors.

1. Except as otherwise provided in NRS 338.1727 , each bid submitted to a public body for any public work to which paragraph (a) of subsection 1 of NRS 338.1385 , paragraph (a) of subsection 1 of NRS 338.143 or NRS 408.327 applies, must include:

(a) If the public body provides a list of the labor or portions of the public work which are estimated by the public body to exceed 3 percent of the estimated cost of the public work, the name of each first tier subcontractor who will provide such labor or portion of the work on the public work which is estimated to exceed 3 percent of the estimated cost of the public work; or

(b) If the public body does not provide a list of the labor or portions of the public work which are estimated by the public body to exceed 3 percent of the estimated cost of the public work, the name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid an amount exceeding 5 percent of the prime contractor’s total bid. If the bid is submitted pursuant to this paragraph, within 2 hours after the completion of the opening of the bids, the contractors who submitted the three lowest bids must submit a list containing:

(1) The name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid an amount exceeding $250,000.

(2) If any one of the contractors who submitted one of the three lowest bids will employ a first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will not be paid an amount exceeding $250,000, the name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid 1 percent of the prime contractor’s total bid or $50,000, whichever is greater.

(3) For each first tier subcontractor whose name is listed pursuant to subparagraph (1) or (2), the number of the license issued to the first tier subcontractor pursuant to chapter 624 of NRS.

1. The lists required by subsection 1 must include a description of the labor or portion of the work which each first tier subcontractor named in the list will provide to the prime contractor.

2. A prime contractor shall include his or her name on a list required by paragraph (a) or (b) of subsection 1. If the prime contractor will perform any work which

is more than 1 percent of the prime contractor’s total bid and which is not being performed by a subcontractor listed pursuant to paragraph (a) or (b) of subsection 1, the prime contractor shall also include on the list:

(a) A description of the labor or portion of the work that the prime contractor will perform; or

(b) A statement that the prime contractor will perform all work other than that being performed by a subcontractor listed pursuant to paragraph (a) or (b) of subsection 1.

1. Except as otherwise provided in this subsection, if a contractor:

(a) Fails to submit the list within the required time; or

(b) Submits a list that includes the name of a subcontractor who, at the time of the submission of the list, is on disqualified status with the Division pursuant to NRS 338.1376 ,

Ê the contractor’s bid shall be deemed not responsive. A contractor’s bid shall not be deemed not responsive on the grounds that the contractor submitted a list that includes the name of a subcontractor who, at the time of the submission of the list, is on disqualified status with the Division pursuant to NRS 338.1376 if the contractor, before the award of the contract, provides an acceptable replacement subcontractor in the manner set forth in subsection 1 or 2 of NRS 338.13895 .

1. A prime contractor shall not substitute a subcontractor for any subcontractor who is named in the bid, unless:

(a) The public body or its authorized representative objects to the subcontractor, requests in writing a change in the subcontractor and pays any increase in costs resulting from the change.

(b) The substitution is approved by the public body or its authorized representative. The substitution must be approved if the public body or its authorized representative determines that:

(1) The named subcontractor, after having a reasonable opportunity, fails or refuses to execute a written contract with the contractor which was offered to the named subcontractor with the same general terms that all other subcontractors on the project were offered;

(2) The named subcontractor files for bankruptcy or becomes insolvent;

(3) The named subcontractor fails or refuses to perform his or her subcontract within a reasonable time or is unable to furnish a performance bond and payment bond pursuant to NRS 339.025 ; or

(4) The named subcontractor is not properly licensed to provide that labor or portion of the work.

(c) If the public body awarding the contract is a governing body, the public body or its authorized representative, in awarding the contract pursuant to NRS 338.1375

to 338.139 , inclusive:

(1) Applies such criteria set forth in NRS 338.1377 as are appropriate for subcontractors and determines that the subcontractor does not meet that criteria; and

(2) Requests in writing a substitution of the subcontractor.

1. If a prime contractor substitutes a subcontractor for any subcontractor who is named in the bid without complying with the provisions of subsection 5, the prime contractor shall forfeit, as a penalty to the public body that awarded the contract, an amount equal to 1 percent of the total amount of the contract.

2. If a prime contractor, after the submission of the bid, substitutes a subcontractor to perform the work indicated pursuant to subsection 3 that the prime contractor would perform, the prime contractor shall forfeit as a penalty to the public body that awarded the contract, the lesser of, and excluding any amount of the contract that is attributable to change orders:

(a) An amount equal to 2.5 percent of the total amount of the contract; or

(b) An amount equal to 35 percent of the estimate by the engineer of the cost of the work the prime contractor indicated pursuant to subsection 3 that he or she would perform on the public work.

1. As used in this section:

(a) “First tier subcontractor” means a subcontractor who contracts directly with a prime contractor to provide labor, materials or services for a construction project.

(b) “General terms” means the terms and conditions of a contract that set the basic requirements for a public work and apply without regard to the particular trade or specialty of a subcontractor, but does not include any provision that controls or relates to the specific portion of the public work that will be completed by a subcontractor, including, without limitation, the materials to be used by the subcontractor or other details of the work to be performed by the subcontractor.

(Added to NRS by 1993, 2130 ; A 2001, 573 , 2268 ;

2003, 2130 , 2430 ,

2500 ;

2005, 1803 ; 2011, 3688 ; 2013, 2970 )

NRS 338.1435

NRS

338.1435

Constructability review of initially used plans and specifications required before advertising for bids for contracts for larger public works.

1. Before a local government or its authorized representative advertises for bids for a contract for a public work, the local government or its authorized representative shall perform a review of the approved plans and specifications to determine if the plans and specifications are complete and contain all necessary information and specifications to construct the public work, if:

(a) The plans and specifications are to be used for the first time on a public work; and

(b) The plans and specifications are for a public work that has an estimated cost which exceeds $10,000,000.

1. A constructability review required pursuant to subsection 1 must be performed by an architect registered pursuant to chapter 623 of NRS, a contractor licensed pursuant to chapter 624 of NRS or a professional engineer licensed pursuant to chapter 625 of NRS and must include, without limitation:

(a) A determination of whether a competent contractor would be able to construct the public work based on the approved plans and specifications; and

(b) A review of the approved plans and specifications for the public work for completeness, clarity and economic feasibility.

1. If the local government or its authorized representative does not employ a person who has the expertise to perform a constructability review as described in subsection 2, the local government or its authorized representative must contract with an independent third party who is an architect registered pursuant to chapter 623 of NRS, a contractor licensed pursuant to chapter 624 of NRS or a professional engineer licensed pursuant to chapter 625 of NRS to perform the constructability review. A contract entered into pursuant to this section between a local government or its authorized representative and an independent third party is not required to be awarded by competitive bidding.

(Added to NRS by 2007, 2895 )

NRS 338.159

NRS

338.159

Alternative methods: Submission of request to public body; contents of request.

1. A person may submit a request to a public body to design, finance, lease, repair, acquire, extend, expand, plan, equip, replace, develop, construct, improve, maintain or operate, or any combination thereof, a transportation facility.

2. The request must be accompanied by the following information:

(a) A topographic map indicating the location of the transportation facility.

(b) A description of the transportation facility, including, without limitation, the conceptual design of the transportation facility.

(c) The projected total cost of the transportation facility over its life and the proposed date for the development of or the commencement of the construction of, or improvements to, the transportation facility.

(d) A statement setting forth the method by which the person submitting the request proposes to secure all property interests required for the transportation facility. The statement must include, without limitation:

(1) The names and addresses, if known, of the current owners of any property needed for the transportation facility;

(2) The nature of the property interests to be acquired; and

(3) Any property that the person submitting the request proposes that the public body condemn.

(e) A list of all permits and approvals required for the development or construction of or improvement to the transportation facility from local, state or federal agencies and a projected schedule for obtaining those permits and approvals.

(f) A statement setting forth the general plans of the person submitting the request for financing and operating the transportation facility, which must include, without limitation:

(1) A plan for the development, financing and operation of the transportation facility, including, without limitation, an indication of the proposed sources of money for the development and operation of the transportation facility, the anticipated use of such money and the anticipated schedule for the receipt of such money;

(2) A list of any assumptions made by the person about the anticipated use of the transportation facility, including, without limitation, the fees that will be charged for the use of the transportation facility, and a discussion of those assumptions;

(3) The identification of any risk factors identified by the person that are associated with developing, constructing or improving the transportation facility and the plan for addressing those risk factors;

(4) The identification of any local, state or federal resources that the person anticipates requesting for development and operation of the transportation facility, including, without limitation, an anticipated schedule for the receipt of those resources and the effect of those resources on any statewide or regional program for the improvement of transportation; and

(5) The identification and analysis of any costs or benefits associated with the proposed transportation facility, performed by a professional engineer who is licensed pursuant to chapter 625 of NRS.

(g) The names and addresses of the persons who may be contacted for further information concerning the request.

(h) Any additional material and information that the public body may request.

1. The request must also include:

(a) Information relating to the current transportation plans, if any, of any governmental entity in the jurisdiction of which any portion of the transportation facility is located.

(b) A list of the facilities of any utility or existing transportation facility that will be impacted by the transportation facility and a statement of the plans of the person submitting the request to accommodate such crossings.

(Added to NRS by 2017, 3201 )

NRS 338.1592

NRS

338.1592

Approval of request, proposal or submission: Determination of public purpose; staff reports; copy of request, proposal or submission to be furnished to affected governmental entities; fee; approval contingent on entering agreement with public body; additional provisions in agreement; establishment of date for development of or commencement of construction of transportation facility.

1. A public body may approve a request, proposal or other submission submitted pursuant to NRS 338.1588 , 338.159 or 338.1591 if the public body determines that the transportation facility serves a public purpose. In determining whether the transportation facility serves a public purpose, the public body shall consider whether:

(a) There is a public need for the type of transportation facility that is proposed;

(b) The proposed interconnections between the transportation facility and existing transportation facilities and the plans of the person submitting the request for the operation of the transportation facility are reasonable and compatible with any statewide or regional program for the improvement of transportation and with the transportation plans of any other governmental entity in the jurisdiction of which any portion of the transportation facility will be located;

(c) The estimated cost of the transportation facility is reasonable in relation to similar facilities, as determined by an analysis of the cost performed by a professional engineer who is licensed pursuant to chapter 625 of NRS;

(d) The plans of the person submitting the request will result in the timely development or construction of, or improvement to, the transportation facility or its more efficient operation;

(e) The plans of the person submitting the request contain any penalties for the failure of the person submitting the request to meet any deadline which results in the untimely development or construction of, or improvement to, the transportation facility or failure to meet any deadline for its more efficient operation; and

(f) The long-term quality of the transportation facility will meet a level of performance established by the public body over a sufficient duration of time to provide value to the public.

1. In evaluating a request, proposal or other submission submitted pursuant to NRS 338.1588 , 338.159 or 338.1591 , the public body may consider internal staff reports prepared by personnel of the public body who are familiar with the operation of similar transportation facilities or the advice of outside advisors or consultants with relevant experience.

2. The public body shall furnish a copy of a request, proposal or other submission submitted pursuant to NRS 338.1588 , 338.159 or 338.1591 to each governmental entity that has jurisdiction over an area in which any part of the transportation facility is located. Within 30 days after receipt of such a request or proposal, the governmental entity shall submit in writing to the public body, for consideration by the public body, any comments that the governmental entity has concerning the transportation facility and shall indicate whether the transportation facility is compatible with any local, regional or statewide plan or program that is applicable to the governmental entity.

3. A public body shall charge a reasonable fee to cover the costs of processing, reviewing and evaluating a request, proposal or other submission submitted pursuant to NRS 338.1588 , 338.159 or 338.1591 , including, without limitation, reasonable fees for the services of an attorney or a financial or other consultant or advisor, to be collected before the public body accepts the request, proposal or other submission for processing, review and evaluation.

4. The approval of a request, proposal or other submission by the public body is contingent on the person who submitted the request, proposal or other submission entering into an agreement with the public body. In such an agreement, the public body shall include, without limitation:

(a) Criteria that address the long-term quality of the transportation facility.

(b) The date, if any, of termination of the authority and duties pursuant to NRS 338.158

to 338.1602 , inclusive, of the person whose request, proposal or other submission was approved by the public body with respect to the transportation facility and for the dedication of the transportation facility to the public body.

(c) Provision by which the person whose request, proposal or other submission was approved by the public body expressly agrees that the person is prohibited from seeking injunctive or other equitable relief to delay, prevent or otherwise hinder the public body or any other jurisdiction from developing, constructing or maintaining any facility that was planned and that would or might impact the revenue that the person would or might derive from the facility developed under the agreement, except that the agreement may provide for reasonable compensation to the person for the adverse effect on user fee revenues resulting from the development, construction and maintenance of an unplanned revenue impacting facility.

(d) A provision requiring all plans and specifications for any transportation facility constructed, operated or maintained pursuant to NRS 338.158 to 338.1602 , inclusive, to comply with state standards and any applicable federal standards.

(e) A provision requiring all user fee revenues generated from the transportation facility to be used for right-of-way acquisition, planning, design, construction, reconstruction, operation, maintenance and enforcement of transportation facilities within the same county in which the user fee revenues are generated, except to the extent such user fee revenues are otherwise pledged or allocated pursuant to the financial terms of an agreement entered into pursuant to NRS 338.158 to 338.1602 , inclusive.

1. In any agreement between a public body and a person whose request, proposal or other submission for a transportation facility pursuant to NRS 338.158 to 338.1602 , inclusive, was approved by the public body, the public body may also include provisions that:

(a) Except as otherwise provided in NRS 338.1597 , authorize the public body or the person to establish and collect user fees, rents, advertising and sponsorship charges, service charges or similar charges, including provisions related to traffic management strategies, if applicable.

(b) Specify technology to be used in the transportation facility.

(c) Establish circumstances under which the public body may receive all or a share of revenues from such charges.

(d) Govern enforcement of tolls, if applicable, including provisions for use of cameras or other mechanisms to ensure that users have paid tolls that are due and provisions that allow the person access to relevant databases for enforcement purposes.

(e) Except as otherwise provided in NRS 338.1597 , authorize the public body to continue or cease collection of user charges, tolls, fares or similar charges after the end of the term of the agreement.

(f) Allow for payments to be made to the person, including, without limitation, availability payments or performance based payments.

(g) Allow the public body to accept payments of monies and share revenues with the person.

(h) Address how the person and public body will share management of the risks of the project.

(i) Specify how the person and public body will share development costs.

(j) Allocate financial responsibility for cost overruns.

(k) Establish the damages to be assessed for nonperformance.

(l) Establish performance criteria or incentives, or both.

(m) Address the acquisition of rights-of-way and other property interests that may be required, including provisions that address the exercise of eminent domain as provided in NRS 338.1601 .

(n) Establish recordkeeping, accounting and auditing standards to be used.

(o) For a transportation facility that reverts to public ownership, address responsibility for reconstruction or renovations that are required in order for the transportation facility to meet all applicable government standards upon reversion of the facility.

(p) Provide for patrolling and law enforcement on public facilities.

(q) Identify any specifications that must be satisfied.

(r) Require the person to provide performance and payment bonds for design and construction pursuant to chapter 339 of NRS and, if additional security is required in addition to such bonds, require the person to provide surety bonds, parent company guarantees, letters of credit or other acceptable forms of security or a combination of those.

(s) Allow the public body to acquire real property that is needed for and related to the transportation facility, including acquisition by exchange for other real property that is owned by the public body.

(t) Allow the public body to sell or lease naming rights with regard to any transportation facility.

1. In connection with the approval of a transportation facility, the public body shall establish a date for the development of or the commencement of the construction of, or improvements to, the transportation facility. The public body may extend the date from time to time.

(Added to NRS by 2017, 3203 )

NRS 338.163

NRS

338.163

Submission of request to public body; contents of request.

1. A person may submit a request to a public body to develop, construct, improve, maintain or operate, or any combination thereof, a transportation facility.

2. The request must be accompanied by the following information:

(a) A topographic map indicating the location of the transportation facility.

(b) A description of the transportation facility, including, without limitation, the conceptual design of the transportation facility and all proposed interconnections with other transportation facilities.

(c) The projected total cost of the transportation facility over its life and the proposed date for the development of or the commencement of the construction of, or improvements to, the transportation facility.

(d) A statement setting forth the method by which the person submitting the request proposes to secure all property interests required for the transportation facility. The statement must include, without limitation:

(1) The names and addresses, if known, of the current owners of any property needed for the transportation facility;

(2) The nature of the property interests to be acquired; and

(3) Any property that the person submitting the request proposes that the public body condemn.

(e) Information relating to the current transportation plans, if any, of any governmental entity in the jurisdiction of which any portion of the transportation facility is located.

(f) A list of all permits and approvals required for the development or construction of or improvement to the transportation facility from local, state or federal agencies and a projected schedule for obtaining those permits and approvals.

(g) A list of the facilities of any utility or existing transportation facility that will be crossed by the transportation facility and a statement of the plans of the person submitting the request to accommodate such crossings.

(h) A statement setting forth the general plans of the person submitting the request for financing and operating the transportation facility, which must include, without limitation:

(1) A plan for the development, financing and operation of the transportation facility, including, without limitation, an indication of the proposed sources of money for the development and operation of the transportation facility, the anticipated use of such money and the anticipated schedule for the receipt of such money;

(2) A list of any assumptions made by the person about the anticipated use of the transportation facility, including, without limitation, the fees that will be charged for the use of the transportation facility, and a discussion of those assumptions;

(3) The identification of any risk factors identified by the person that are associated with developing, constructing or improving the transportation facility and the plan for addressing those risk factors;

(4) The identification of any local, state or federal resources that the person anticipates requesting for development and operation of the transportation facility, including, without limitation, an anticipated schedule for the receipt of those resources and the effect of those resources on any statewide or regional program for the improvement of transportation; and

(5) The identification and analysis of any costs or benefits associated with the proposed facility, performed by a professional engineer who is licensed pursuant to chapter 625

of NRS.

(i) The names and addresses of the persons who may be contacted for further information concerning the request.

(j) Any additional material and information that the public body may request.

(Added to NRS by 2003, 2022 )

NRS 338.166

NRS

338.166

Approval of request or proposal: Determination of public purpose; staff reports; copy of request or proposal to be furnished to affected governmental entities; fee; approval contingent on entering agreement with public body; establishment of date for development of or commencement of construction of transportation facility.

1. A public body may approve a request or proposal submitted pursuant to NRS 338.163

or 338.164 if the public body determines that the transportation facility serves a public purpose. In determining whether the transportation facility serves a public purpose, the public body shall consider whether:

(a) There is a public need for the type of transportation facility that is proposed;

(b) The proposed interconnections between the transportation facility and existing transportation facilities and the plans of the person submitting the request for the operation of the transportation facility are reasonable and compatible with any statewide or regional program for the improvement of transportation and with the transportation plans of any other governmental entity in the jurisdiction of which any portion of the transportation facility will be located;

(c) The estimated cost of the transportation facility is reasonable in relation to similar transportation facilities, as determined by an analysis of the cost performed by a professional engineer who is licensed pursuant to chapter 625 of NRS;

(d) The plans of the person submitting the request will result in the timely development or construction of, or improvement to, the transportation facility or its more efficient operation;

(e) The plans of the person submitting the request contain any penalties for the failure of the person submitting the request to meet any deadline which results in the untimely development or construction of, or improvement to, the transportation facility or failure to meet any deadline for its more efficient operation; and

(f) The long-term quality of the transportation facility will meet a level of performance established by the public body over a sufficient duration of time to provide value to the public.

1. In evaluating a request or proposal submitted pursuant to NRS 338.163 or 338.164 , the public body may consider internal staff reports prepared by personnel of the public body who are familiar with the operation of similar transportation facilities or the advice of outside advisors or consultants with relevant experience.

2. The public body shall request that a person who submitted a request or proposal pursuant to NRS 338.163 or 338.164 furnish a copy of the request or proposal to each governmental entity that has jurisdiction over an area in which any part of the transportation facility is located. Within 30 days after receipt of such a request or proposal, the governmental entity shall submit in writing to the public body, for consideration by the public body, any comments that the governmental entity has concerning the transportation facility and shall indicate whether the transportation facility is compatible with any local, regional or statewide transportation plan or program that is applicable to the governmental entity.

3. A public body shall charge a reasonable fee to cover the costs of processing, reviewing and evaluating a request or proposal submitted pursuant to NRS 338.163

or 338.164 , including, without limitation, reasonable fees for the services of an attorney or a financial or other consultant or advisor, to be collected before the public body accepts the request or proposal for processing, review and evaluation.

1. The approval of a request or proposal by the public body is contingent on the person who submitted the request or proposal entering into an agreement with the public body. In such an agreement, the public body shall include, without limitation:

(a) Criteria that address the long-term quality of the transportation facility.

(b) The date of termination of the authority and duties pursuant to NRS 338.161 to 338.168 , inclusive, of the person whose request or proposal was approved by the public body with respect to the transportation facility and for the dedication of the transportation facility to the public body on that date.

(c) Provision for the imposition by the person whose request or proposal was approved by the public body of such rates, fees or other charges as may be established from time to time by agreement of the parties for use of all or a portion of a transportation facility, other than a bridge or road.

1. In connection with the approval of a transportation facility, the public body shall establish a date for the development of or the commencement of the construction of, or improvements to, the transportation facility. The public body may extend the date from time to time.

(Added to NRS by 2003, 2023 )

NRS 338.1692

NRS

338.1692

Advertising for proposals for construction manager at risk; contents of request for proposals; requirements for proposals; availability of names of applicants; substitution of employees.

1. A public body or its authorized representative shall advertise for proposals for a construction manager at risk in the manner set forth in paragraph (a) of subsection 1 of NRS 338.1385 .

2. A request for proposals published pursuant to subsection 1 must include, without limitation:

(a) A description of the public work;

(b) An estimate of the cost of construction;

(c) A description of the work that the public body expects a construction manager at risk to perform;

(d) The dates on which it is anticipated that the separate phases of the preconstruction and construction of the public work will begin and end;

(e) The date by which proposals must be submitted to the public body;

(f) If the project is a public work of the State, a statement setting forth that the construction manager at risk must be qualified to bid on a public work of the State pursuant to NRS 338.1379 before submitting a proposal;

(g) The name, title, address and telephone number of a person employed by the public body that an applicant may contact for further information regarding the public work;

(h) A list of the selection criteria and relative weight of the selection criteria that will be used to rank proposals pursuant to subsection 2 of NRS 338.1693 ;

(i) A list of the selection criteria and relative weight of the selection criteria that will be used to rank applicants pursuant to subsection 7 of NRS 338.1693 ; and

(j) A notice that the proposed form of the contract to assist in the preconstruction of the public work or to construct the public work, including, without limitation, the terms and general conditions of the contract, is available from the public body.

1. A proposal must include, without limitation:

(a) An explanation of the experience that the applicant has with projects of similar size and scope in both the public and private sectors by any delivery method, whether or not that method was the use of a construction manager at risk, and including, without limitation, design-build, design-assist, negotiated work or value-engineered work, and an explanation of the experience that the applicant has in such projects in Nevada;

(b) The contact information for references who have knowledge of the background, character and technical competence of the applicant;

(c) Evidence of the ability of the applicant to obtain the necessary bonding for the work to be required by the public body;

(d) Evidence that the applicant has obtained or has the ability to obtain such insurance as may be required by law;

(e) A statement of whether the applicant has been:

(1) Found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause, during the 5 years immediately preceding the date of the advertisement for proposals; and

(2) Disqualified from being awarded a contract pursuant to NRS 338.017 , 338.13895 , 338.1475 or 408.333 ;

(f) The professional qualifications and experience of the applicant, including, without limitation, the resume of any employee of the applicant who will be managing the preconstruction and construction of the public work;

(g) The safety programs established and the safety records accumulated by the applicant;

(h) Evidence that the applicant is licensed as a contractor pursuant to chapter 624 of NRS;

(i) The proposed plan of the applicant to manage the preconstruction and construction of the public work which sets forth in detail the ability of the applicant to provide preconstruction services and to construct the public work and which includes, if the public work involves predominantly horizontal construction, a statement that the applicant will perform construction work equal in value to at least 25 percent of the estimated cost of construction; and

(j) If the project is for the design of a public work of the State, evidence that the applicant is qualified to bid on a public work of the State pursuant to NRS 338.1379 .

1. The public body or its authorized representative shall make available to the public the name of each applicant who submits a proposal pursuant to this section.

2. An applicant shall not substitute a different employee for an employee whose resume was submitted pursuant to paragraph (f) of subsection 3, unless:

(a) The employee whose resume was submitted is no longer employed by the applicant or is unavailable for medical reasons; or

(b) The public body enters into a contract with the applicant for preconstruction services pursuant to NRS 338.1693 more than 90 days after the date on which the final ranking of applicants was made pursuant to subsection 7 of NRS 338.1693 .

(Added to NRS by 2007, 2891 ; A 2009, 438 ; 2011, 3694 ; 2013, 2974 ; R 2013, 2986 ; A 2017, 4027 ; R 2017, 4035 ; A 2021, 736 , 2218 )

NRS 338.16995

NRS

338.16995

Contract between construction manager at risk and subcontractor to provide labor, materials or equipment on project: Authority to enter into; procedure for awarding subcontracts of certain estimated value; substitution of subcontractor on such subcontracts; availability of certain information to applicants and public.

1. If a public body enters into a contract with a construction manager at risk for the construction of a public work pursuant to NRS 338.1696 , the construction manager at risk may enter into a subcontract for the provision of labor, materials and equipment necessary for the construction of the public work only as provided in this section.

2. The provisions of this section apply only to a subcontract for which the estimated value is at least 1 percent of the total cost of the public work or $50,000, whichever is greater.

3. After the design and schedule for the construction of the public work is sufficiently detailed and complete to allow a subcontractor to submit a meaningful and responsive proposal, and not later than 21 days before the date by which a proposal for the provision of labor, materials or equipment by a subcontractor must be submitted, the construction manager at risk shall notify in writing each subcontractor who was determined pursuant to NRS 338.16991 to be qualified to submit such a proposal of a request for such proposals and shall provide to each such subcontractor a form prepared by the construction manager at risk and approved by the public body on which any proposal in response to the request for proposals must be submitted. A copy of the notice required pursuant to this subsection must be provided to the public body.

4. The notice required pursuant to subsection 3 must include, without limitation:

(a) A description of the design for the public work and a statement indicating where a copy of the documents relating to that design may be obtained;

(b) A description of the type and scope of labor, equipment and materials for which subcontractor proposals are being sought;

(c) The dates on which it is anticipated that construction of the public work will begin and end;

(d) If a preproposal meeting regarding the scope of the work to be performed by the subcontractor is to be held, the date, time and place at which the preproposal meeting will be held;

(e) The date and time by which proposals must be received, and to whom they must be submitted;

(f) The date, time and place at which proposals will be opened for evaluation;

(g) A description of the bonding and insurance requirements for subcontractors;

(h) Any other information reasonably necessary for a subcontractor to submit a responsive proposal; and

(i) A statement in substantially the following form:

Notice: For a proposal for a subcontract on the public work to be considered:

1. The subcontractor must be licensed pursuant to chapter 624 of NRS;

2. The proposal must be submitted on the form provided by the construction manager at risk and be timely received;

3. If a preproposal meeting regarding the scope of the work to be performed by the subcontractor is held, the subcontractor must attend the preproposal meeting; and

4. The subcontractor may not modify the proposal after the date and time the proposal is received.

5. A subcontractor may not modify a proposal after the date and time the proposal is received.

6. To be considered responsive, a proposal must:

(a) Be submitted on the form provided by the construction manager at risk pursuant to subsection 3;

(b) Be timely received by the construction manager at risk; and

(c) Substantially and materially conform to the details and requirements included in the proposal instructions and for the finalized bid package for the public work, including, without limitation, details and requirements affecting price and performance.

1. The opening of the proposals must be attended by an authorized representative of the public body. The public body may require the architect or engineer responsible for the design of the public work to attend the opening of the proposals. The opening of the proposals is not otherwise open to the public.

2. At the time the proposals are opened, the construction manager at risk shall compile and provide to the public body or its authorized representative a list that includes, without limitation, the name and contact information of each subcontractor who submits a timely proposal.

3. Not more than 10 working days after opening the proposals and before the construction manager at risk submits a guaranteed maximum price, a fixed price or a fixed price plus reimbursement pursuant to NRS 338.1696 , the construction manager at risk shall:

(a) Evaluate the proposals and determine which proposals are responsive.

(b) Select the subcontractor who submits the proposal that the construction manager at risk determines is the best proposal. Subject to the provisions of subparagraphs (1), (2) and (3), if only one subcontractor submits a proposal, the construction manager at risk may select that subcontractor. The subcontractor must be selected from among those:

(1) Who attended the preproposal meeting regarding the scope of the work to be performed by the subcontractor, if such a preproposal meeting was held;

(2) Who submitted a responsive proposal; and

(3) Whose names are included on the list compiled and provided to the public body or its authorized representative pursuant to subsection 8.

(c) Inform the public body or its authorized representative which subcontractor has been selected.

1. The public body or its authorized representative shall ensure that the evaluation of proposals and selection of subcontractors are done pursuant to the provisions of this section and regulations adopted by the State Public Works Board.

2. A subcontractor selected pursuant to subsection 9 need not be selected by the construction manager at risk solely on the basis of lowest price.

3. Except as otherwise provided in subsections 13 and 15, the construction manager at risk shall enter into a subcontract with a subcontractor selected pursuant to subsection 9 to provide the labor, materials or equipment described in the request for proposals.

4. A construction manager at risk shall not substitute a subcontractor for any subcontractor selected pursuant to subsection 9 unless:

(a) The public body or its authorized representative objects to the subcontractor, requests in writing a change in the subcontractor and pays any increase in costs resulting from the change; or

(b) The substitution is approved by the public body after the selected subcontractor:

(1) Files for bankruptcy or becomes insolvent;

(2) After having a reasonable opportunity, fails or refuses to execute a written contract with the construction manager at risk which was offered to the selected subcontractor with the same general terms that all other subcontractors on the project were offered;

(3) Fails or refuses to perform the subcontract within a reasonable time;

(4) Is unable to furnish a performance bond and payment bond pursuant to NRS 339.025 , if required for the public work; or

(5) Is not properly licensed to provide that labor or portion of the work.

1. If a construction manager at risk substitutes a subcontractor for any subcontractor selected pursuant to subsection 9 without complying with the provisions of subsection 13, the construction manager at risk shall forfeit, as a penalty to the public body, an amount equal to 1 percent of the total amount of the contract.

2. If a construction manager at risk does not select a subcontractor pursuant to subsection 9 to perform a portion of work on a public work, the construction manager at risk shall notify the public body that the construction manager at risk intends to perform that portion of work. If, after providing such notification, the construction manager at risk substitutes a subcontractor to perform the work, the construction manager at risk shall forfeit, as a penalty to the public body, the lesser of, and excluding any amount of the contract that is attributable to change orders:

(a) An amount equal to 2.5 percent of the total amount of the contract; or

(b) An amount equal to 35 percent of the estimate by the engineer of the cost of the work the construction manager at risk selected himself or herself to perform on the public work.

1. The construction manager at risk shall make available to the public the name of each subcontractor who submits a proposal.

2. If a public work is being constructed in phases, and a construction manager at risk selects a subcontractor pursuant to subsection 9 for the provision of labor, materials or equipment for any phase of that construction, the construction manager at risk may select that subcontractor for the provision of labor, materials or equipment for any other phase of the construction without following the requirements of subsections 3 to 11, inclusive.

3. As used in this section, “general terms” has the meaning ascribed to it in NRS 338.141 .

(Added to NRS by 2011, 3682 ; A 2013, 2980 ; R 2013, 2986 ; A 2017, 4031 ; R 2017, 4035 ; A 2021, 736 , 2218 )

CONTRACTS INVOLVING DESIGN-BUILD TEAMS, PRIME CONTRACTORS OR NONPROFIT ORGANIZATIONS

General Provisions

NRS 338.1717

NRS

338.1717

Employment of architect, general contractor, construction manager as agent, landscape architect or engineer as consultant.

A public body may employ a registered architect, general contractor, construction manager as agent, landscape architect or licensed professional engineer as a consultant to assist the public body in overseeing the construction of a public work. An architect, general contractor, construction manager as agent, landscape architect or engineer so employed shall not:

1. Construct the public work; or

2. Assume overall responsibility for ensuring that the construction of the public work is completed in a satisfactory manner.

(Added to NRS by 1999, 3472 ; A 2001, 2022 ; 2003, 119 , 2441 ;

2007, 2903 )

NRS 338.1718

NRS

338.1718

Contract with construction manager as agent.

1. A construction manager as agent:

(a) Must:

(1) Be a contractor licensed pursuant to chapter 624 of NRS;

(2) Hold a certificate of registration to practice architecture, interior design or residential design pursuant to chapter 623 of NRS; or

(3) Be licensed as a professional engineer pursuant to chapter 625 of NRS.

(b) May enter into a contract with a public body to assist in the planning, scheduling and management of the construction of a public work without assuming any responsibility for the cost, quality or timely completion of the construction of the public work. A construction manager as agent who enters into a contract with a public body pursuant to this section may not:

(1) Take part in the design or construction of the public work; or

(2) Act as an agent of the public body to select a subcontractor if the work to be performed by the subcontractor is part of a larger public work.

1. Except as otherwise provided in subsection 3, the selection of a construction manager as agent to perform services pursuant to subsection 1 must be made on the basis of the competence and qualifications of the construction manager as agent for the type of services to be performed and not on the basis of competitive fees. If, after selection of the construction manager as agent, an agreement upon a fair and reasonable fee cannot be reached with him or her, the public body may terminate negotiations and select another construction manager as agent. Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a construction manager as agent pursuant to this subsection, the public body shall assign, without limitation, a relative weight of 5 percent to the possession of a certificate of eligibility to receive a preference when competing for public works. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection relating to a preference when competing for public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that public work.

2. The provisions of subsection 2 do not apply to a contract between a public body and a construction manager as agent to perform services for a public work for which the estimated cost is $100,000 or less.

(Added to NRS by 2007, 2895 ; A 2011, 3698 ; 2021, 2217 )

Procedures for Awarding Contracts to Design-Build Teams

NRS 338.173

NRS

338.173

Certificate of eligibility to receive preference when competing for public works to certain design professionals: Issuance; duration; ineligibility for submission of false information; regulations; fees; written objections.

1. The State Board of Architecture, Interior Design and Residential Design shall issue a certificate of eligibility to receive a preference when competing for public works to a person who holds a certificate of registration to engage in the practice of architecture pursuant to the provisions of chapter 623 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the person has, while holding a certificate of registration to engage in the practice of architecture in this State:

(a) Paid directly, on his or her own behalf the excise tax imposed upon an employer by NRS 363B.110 of not less than $1,500 for each consecutive 12-month period for 36 months immediately preceding the submission of the affidavit from the certified public accountant; or

(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating business that engages in the practice of architecture that:

(1) Satisfies the requirements of NRS 623.350 ; and

(2) Possesses a certificate of eligibility to receive a preference when competing for public works.

1. The State Board of Landscape Architecture shall issue a certificate of eligibility to receive a preference when competing for public works to a person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to the provisions of chapter 623A of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the person has, while holding a certificate of registration to engage in the practice of landscape architecture in this State:

(a) Paid directly, on his or her own behalf the excise tax imposed upon an employer by NRS 363B.110 of not less than $1,500 for each consecutive 12-month period for 36 months immediately preceding the submission of the affidavit from the certified public accountant; or

(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating business that engages in the practice of landscape architecture that:

(1) Satisfies the requirements of NRS 623A.250 ; and

(2) Possesses a certificate of eligibility to receive a preference when competing for public works.

1. The State Board of Professional Engineers and Land Surveyors shall issue a certificate of eligibility to receive a preference when competing for public works to a professional engineer or professional land surveyor who is licensed pursuant to the provisions of chapter 625 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the professional engineer or professional land surveyor has, while licensed as a professional engineer or professional land surveyor in this State:

(a) Paid directly, on his or her own behalf the excise tax imposed upon an employer by NRS 363B.110 of not less than $1,500 for each consecutive 12-month period for 36 months immediately preceding the submission of the affidavit from the certified public accountant; or

(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating business that engages in engineering or land surveying that:

(1) Satisfies the requirements of NRS 625.407 ; and

(2) Possesses a certificate of eligibility to receive a preference when competing for public works.

1. For the purposes of complying with the requirements set forth in paragraph (a) of subsection 1, paragraph (a) of subsection 2 and paragraph (a) of subsection 3, a person shall be deemed to have paid:

(a) The excise tax imposed upon an employer by NRS 363B.110 by an affiliate or parent company of the person, if the affiliate or parent company also satisfies the requirements of NRS 623.350 , 623A.250 or 625.407 , as applicable; and

(b) The excise tax imposed upon an employer by NRS 363B.110 by a joint venture in which the person is a participant, in proportion to the amount of interest the person has in the joint venture.

1. A design professional who has received a certificate of eligibility to receive a preference when competing for public works pursuant to subsection 1, 2 or 3 must, at the time for the renewal of his or her professional license or certificate of registration, as applicable, pursuant to chapter 623 , 623A or 625 of NRS, submit to the applicable licensing board an affidavit from a certified public accountant setting forth that the design professional has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 1, paragraph (a) of subsection 2 or paragraph (a) of subsection 3, as applicable, to maintain eligibility to hold such a certificate.

2. A design professional who fails to submit an affidavit to the applicable licensing board pursuant to subsection 5 ceases to be eligible to receive a preference when competing for public works unless the design professional reapplies for and receives a certificate of eligibility pursuant to subsection 1, 2 or 3, as applicable.

3. If a design professional holds more than one license or certificate of registration, the design professional must submit a separate application for each license or certificate of registration pursuant to which the design professional wishes to qualify for a preference when competing for public works. Upon issuance, the certificate of eligibility to receive a preference when competing for public works becomes part of the design professional’s license or certificate of registration for which the design professional submitted the application.

4. If a design professional who applies to a licensing board for a certificate of eligibility to receive a preference when competing for public works pursuant to subsection 1, 2 or 3 submits false information to the licensing board regarding the required payment of taxes, the design professional is not eligible to receive a preference when competing for public works for a period of 5 years after the date on which the licensing board becomes aware of the submission of the false information.

5. The State Board of Architecture, Interior Design and Residential Design, the State Board of Landscape Architecture and the State Board of Professional Engineers and Land Surveyors shall adopt regulations and may assess reasonable fees relating to their respective certification of design professionals for a preference when competing for public works.

6. A person or entity who believes that a design professional wrongfully holds a certificate of eligibility to receive a preference when competing for public works may challenge the validity of the certificate by filing a written objection with the public body which selected, for the purpose of providing services for a public work, the design professional who holds the certificate. A written objection authorized pursuant to this subsection must:

(a) Set forth proof or substantiating evidence to support the belief of the person or entity that the design professional wrongfully holds a certificate of eligibility to receive a preference when competing for public works; and

(b) Be filed with the public body not later than 3 business days after:

(1) The date on which the public body makes available to the public pursuant to subsection 3 of NRS 338.1725 the information required by that subsection, if the design-build team of which the design professional who holds the certificate is a part was selected as a finalist pursuant to NRS 338.1725 ;

(2) The date on which the Department of Transportation makes available to the public pursuant to subsection 3 of NRS 408.3885 the information required by that subsection, if the design-build team of which the design professional who holds the certificate is a part was selected as a finalist pursuant to NRS 408.3885 ; or

(3) The date on which the licensing board which issued the certificate to the design professional posted on its Internet website the information required by NRS 338.1425 , if the design professional is identified in that information as being selected for a contract governed by NRS 338.155 .

1. If a public body receives a written objection pursuant to subsection 10, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and the public body or its authorized representative may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the design professional qualifies for the certificate pursuant to the provisions of this section and the public body or its authorized representative may proceed to award the contract accordingly.

(Added to NRS by 2011, 3678 )

NOTIFICATION OF LICENSING BOARDS

NRS 338.176

NRS

338.176

Substantially incomplete or rejected plans submitted by licensed professional engineer or land surveyor.

A public body shall notify the State Board of Professional Engineers and Land Surveyors in writing if a licensed professional engineer or land surveyor:

1. Submits plans that are substantially incomplete; or

2. Submits plans for the same public work that are rejected by the public body at least three times.

(Added to NRS by 1997, 156 )

DESIGN, CONSTRUCTION, RENOVATION AND DEMOLITION OF PUBLIC WORKS

General Provisions

NRS 341.020

NRS

341.020

Creation; members; vacancies.

1. The State Public Works Board is hereby created.

2. The Board consists of the Director of the Department and six members appointed as follows:

(a) The Governor shall appoint:

(1) One member who has education or experience, or both, regarding the principles of engineering or architecture;

(2) One member who is licensed to practice law in this State and who has experience in the practice of construction law; and

(3) Two members who are or have been licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS.

(b) The Majority Leader of the Senate shall appoint one member who is or has been licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS.

(c) The Speaker of the Assembly shall appoint one member who is or has been licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS.

1. Each member of the Board who is appointed serves at the pleasure of the appointing authority.

2. A vacancy on the Board in an appointed position must be filled by the appointing authority in the same manner as the original appointment.

[Part 1:102:1937; A 1953, 11 ]—(NRS A 1959, 92 ; 1973, 904 ; 1983, 1959 ; 1987, 1485 ; 1993, 1567 ; 2001, 1916 ; 2007, 3267 ; 2011, 2965 ; 2017, 1401 )

NRS 341.091

NRS

341.091

Adoption of standards and performance guidelines relating to efficient use of water and energy.

1. For the purposes of the design and construction of buildings or other projects of this State, the Board shall adopt by regulation:

(a) Standards for the efficient use of water.

(b) Standards for the efficient use of energy, including, without limitation, the use of sources of renewable energy.

(c) Performance guidelines for new, remodeled and renovated buildings.

(d) Performance guidelines for retrofit projects, including, without limitation, guidelines for:

(1) Energy consumption.

(2) The use of potable water.

(3) The use of water for purposes relating to landscaping.

(4) The disposal of solid waste.

1. The standards and performance guidelines adopted in accordance with subsection 1 must include a mechanism for their evaluation and revision to ensure that such standards and guidelines:

(a) Are cost-effective over the life of the applicable project.

(b) Produce certain threshold levels of cost savings.

1. In adopting the standards and performance guidelines pursuant to subsection 1, the Board may consider, without limitation:

(a) The Leadership in Energy and Environmental Design Green Building Rating System established by the U.S. Green Building Council or its successor;

(b) The Green Globes assessment and rating system developed by the Green Building Initiative or its successor;

(c) The standards established by the United States Environmental Protection Agency pursuant to the Energy Star Program;

(d) The standards established by the American Society of Heating, Refrigerating and Air-Conditioning Engineers or its successor;

(e) The criteria established pursuant to the Federal Energy Management Program established by the United States Department of Energy; and

(f) The criteria established by the International Energy Conservation Code .

1. The regulations adopted pursuant to this section must include provisions for their enforcement.

2. As used in this section:

(a) “Biomass” means any organic matter that is available on a renewable basis, including, without limitation:

(1) Agricultural crops and agricultural wastes and residues;

(2) Wood and wood wastes and residues;

(3) Animal wastes;

(4) Municipal wastes; and

(5) Aquatic plants.

(b) “Renewable energy” means:

(1) Biomass;

(2) Solar energy; or

(3) Wind.

Ê The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

(Added to NRS by 2009, 2755 ; A 2011, 118 )

ADMINISTRATOR, DEPUTIES AND ASSISTANTS

NRS 341.100

NRS

341.100

Appointments; classification; restrictions on other employment; qualifications; general duties.

1. The Administrator and the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section serve at the pleasure of the Director of the Department.

2. The Administrator shall appoint:

(a) A Deputy Administrator of the Public Works - Professional Services Section; and

(b) A Deputy Administrator of the Buildings and Grounds Section.

Ê Each deputy administrator appointed pursuant to this subsection serves at the pleasure of the Administrator.

1. The Administrator shall recommend and the Director shall appoint a Deputy Administrator of the Public Works - Compliance and Code Enforcement Section. The Deputy Administrator appointed pursuant to this subsection has the final authority in the interpretation and enforcement of any applicable building codes.

2. The Administrator may appoint such other technical and clerical assistants as may be necessary to carry into effect the provisions of this chapter.

3. The Administrator and each deputy administrator are in the unclassified service of the State. Except as otherwise provided in NRS 284.143 , the Administrator and each deputy administrator shall devote his or her entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.

4. The Administrator must:

(a) Have a master’s degree or doctoral degree in civil or environmental engineering, architecture, public administration or a related field and experience in management, public administration or public policy; or

(b) Be a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS.

1. The Deputy Administrator of the:

(a) Public Works - Professional Services Section must be a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS.

(b) Public Works - Compliance and Code Enforcement Section must have a comprehensive knowledge of building codes and a working knowledge of the principles of engineering or architecture as determined by the Administrator.

1. The Administrator shall:

(a) Serve as the Secretary of the Board.

(b) Manage the daily affairs of the Division.

(c) Represent the Board and the Division before the Legislature.

(d) Prepare and submit to the Board, for its approval, the recommended priority for proposed capital improvement projects and provide the Board with an estimate of the cost of each project.

(e) Select architects, engineers and contractors.

(f) Accept completed projects.

(g) Submit in writing to the Director of the Department, the Governor and the Interim Finance Committee a monthly report regarding all public works projects which are a part of the approved capital improvement program. For each such project, the monthly report must include, without limitation, a detailed description of the progress of the project which highlights any specific events, circumstances or factors that may result in:

(1) Changes in the scope of the design or construction of the project or any substantial component of the project which increase or decrease the total square footage or cost of the project by 10 percent or more;

(2) Increased or unexpected costs in the design or construction of the project or any substantial component of the project which materially affect the project;

(3) Delays in the completion of the design or construction of the project or any substantial component of the project; or

(4) Any other problems which may adversely affect the design or construction of the project or any substantial component of the project.

(h) Have final authority to approve the architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.

1. The Deputy Administrator of the Public Works - Compliance and Code Enforcement Section shall:

(a) Serve as the building official for all buildings and structures on property of the State or held in trust for any division of the State Government; and

(b) Consult with an agency or official that is considering adoption of a regulation described in NRS 446.942 , 449.345 , 455C.115 , 461.173 or 477.0325 and provide recommendations regarding how the regulation, as it applies to buildings and structures on property of this State or held in trust for any division of the State Government, may be made consistent with other regulations which apply to such buildings or structures.

[Part 4:102:1937; A 1947, 283 ; 1943 NCL § 6975.04] + [22:295:1953; A 1955, 525 ]—(NRS A 1959, 787 ; 1960, 394 ; 1961, 655 ; 1963, 1331 ; 1965, 703 ; 1967, 1494 ; 1971, 166 , 1431 ;

1981, 1278 ; 1983, 1960 ; 1987, 1485 ; 1991, 673 ; 1995, 2312 ; 1997, 1067 ; 2001, 1443 ; 2003, 2483 ; 2007, 3268 ; 2011, 2966 , 3572 ;

2013, 392 ; 2015, 2379 ; 2017, 1401 ; 2021, 624 )

NRS 341.141

NRS

341.141

Engineering and architectural services to be furnished by Division for buildings constructed on state property or with legislative appropriation; exceptions.

1. The Division shall furnish engineering and architectural services to the Nevada System of Higher Education and all other state departments, boards or commissions charged with the construction of any building constructed on state property or for which the money is appropriated by the Legislature, except:

(a) Buildings used in maintaining highways;

(b) Improvements, other than nonresidential buildings with more than 1,000 square feet in floor area, made:

(1) In state parks by the State Department of Conservation and Natural Resources; or

(2) By the Department of Wildlife;

(c) Buildings of the Nevada System of Higher Education:

(1) That are exempted pursuant to subsection 1 of NRS 341.1407 ; or

(2) To which subsection 1 of NRS 341.1407 applies if the Administrator has delegated his or her authority in accordance with NRS 341.119 ; and

(d) Buildings on property controlled by other state agencies if the Administrator has delegated his or her authority in accordance with NRS 341.119 .

Ê The Board of Regents of the University of Nevada and all other state departments, boards or commissions shall use those services.

1. The services must consist of:

(a) Preliminary planning;

(b) Designing;

(c) Estimating of costs; and

(d) Preparation of detailed plans and specifications.

[Part 5:102:1937; A 1945, 245 ; 1947, 283 ; 1943 NCL § 6975.05]—(NRS A 1961, 713 ; 1965, 682 ; 1969, 114 ; 1971, 841 ; 1973, 904 ; 1977, 7 ; 1981, 57 , 1201 ;

1983, 1960 ; 1985, 59 ; 1987, 926 ; 1993, 393 , 520 ;

1995, 529 ; 2003, 605 ; 2015, 2380 )

NRS 341.142

NRS

341.142

Advance planning of project.

The Division may, with the prior approval of the Interim Finance Committee, plan a project in advance by preparing floor plans, cross sections, elevations, outlines of specifications, estimates of cost by category of work and perspective renderings of the project. The Division may submit preliminary or advance plans or designs to qualified architects or engineers for preparation of detailed plans and specifications if the Division considers it desirable. The cost of preparation of preliminary or advance plans or designs, the cost of detailed plans and specifications, and the cost of all architectural and engineering services are charges against the appropriations made by the Legislature for any state buildings or projects, or buildings or projects planned or contemplated by any state agency for which the Legislature has appropriated or may appropriate money. The costs must not exceed the limitations that are or may be provided by the Legislature.

(Added to NRS by 1985, 57 ; A 2007, 3270 )

NRS 342.055

NRS

342.055

Payments of certain costs, fees and sums to persons displaced as result of acquisition of property by or on behalf of redevelopment agency; exceptions; other appropriate action which allows relocation to comparable location.

1. In addition to the relocation benefits provided pursuant to NRS 342.045 , each person who is displaced from his or her business establishment as a result of the acquisition of property by an agency created pursuant to chapter 279 of NRS or by any person or entity acting on behalf of, in cooperation with or under contract with such an agency, and whose lease of the premises on which the establishment is situated is terminated as a consequence of the acquisition, must be paid:

(a) The actual, reasonable and necessary costs of alterations and other physical changes that are required to be made to a new location to render it suitable for the operation of the business;

(b) The actual, reasonable and necessary costs of modifications made to machinery, equipment and other personal property moved to the new location which were necessary for the operation of the business, except that such costs must not exceed the acquisition cost of the machinery, equipment and other personal property less accumulated depreciation;

(c) The prorated fees for any licenses, registrations, permits or certifications that must be obtained for the business to operate in the new location;

(d) The actual, reasonable and necessary fees for professional services incurred in connection with the acquisition of a replacement site, including the services of architects, appraisers, attorneys, engineers, realtors and other consultants; and

(e) A sum equal to:

(1) An amount which, when added to the amount that the tenant formerly paid in rent, will enable the tenant to rent or lease a comparable business location on the current market for a term equal to the period that would have remained on his or her lease if it had not been terminated as a result of the acquisition of the property or 3 years, whichever is greater; or

(2) The fair market value of the business as determined in accordance with subsection 6 of NRS 37.009 if the business owner is unable to relocate his or her business establishment to a comparable new location because of the operation of a governmental ordinance, regulation or restriction or because a comparable business location is not available.

1. The provisions of this section do not apply to month-to-month tenancies.

2. The provisions of this section do not apply to a business which executes an initial lease within 1 year before the approval of a development agreement or other similar action of a governmental body identifying the property that will be acquired, unless the business is renewing a lease on a site that it has occupied for more than 1 year before the identification of the property that will be acquired.

3. A governmental body may adopt ordinances or regulations or take any other appropriate action which allows a business to be relocated to a comparable business location.

4. As used in this section, “comparable business location” means a location that is decent, safe and sanitary, adequate in size for the needs of the displaced business, functionally equivalent for the purposes of the displaced business and located in an area not subject to unreasonably adverse environmental conditions.

5. Nothing contained in this section requires a governmental body to relocate a business to a location in a redevelopment area or an area similar to a redevelopment area, or to provide the benefits that a location in a redevelopment area would provide.

(Added to NRS by 1995, 2233 ; A 1997, 606 )

NRS 349.168

NRS

349.168

“Cost of any project” defined.

“Cost of any project,” or any phrase of similar import, means all or any part designated by the Commission of the cost of any project, or interest therein, which cost at the option of the Commission may include all or any part of the incidental costs pertaining to the project, including without limitation:

1. Preliminary expenses advanced by the State from funds available for use therefor, or advanced by the Federal Government, or from any other source, with the approval of the Commission or any board or other agency of the State responsible for the project or defraying the cost thereof, or any combination thereof;

2. The costs in the making of surveys, audits, preliminary plans, other plans, specifications, estimates of costs and other preliminaries;

3. The costs of premiums on builders’ risk insurance and performance bonds, or a reasonably allocable share thereof;

4. The costs of appraising, printing, estimates, advice, services of engineers, architects, financial consultants, attorneys at law, clerical help or other agents or employees;

5. The costs of making, publishing, posting, mailing and otherwise giving any notice in connection with a project, the filing or recordation of instruments, the taking of options, the issuance of bonds and other securities, and bank fees and expenses;

6. The cost of contingencies;

7. The costs of the capitalization with proceeds of bonds or other securities issued hereunder of any operation and maintenance expenses appertaining to any facilities to be acquired as a project and of any interest on bonds or other securities for any period not exceeding the period estimated by the Commission to effect the project plus 1 year, of any discount on bonds or other securities, and of any reserves for the payment of the principal of and interest on the bonds or other securities, or any replacement expenses, and of any other cost of issuance of the bonds or other securities;

8. The costs of amending any resolution or other instrument authorizing the issuance of or otherwise appertaining to outstanding bonds or other securities of the State;

9. The costs of funding any short-term financing, construction loans and other temporary loans of not exceeding 5 years appertaining to a project and of the incidental expenses incurred in connection with such loans;

10. The costs of any properties, rights, easements or other interests in properties, or any licenses, privileges, agreements and franchises;

11. The costs of demolishing, removing or relocating any buildings, structures or other facilities on land acquired for any project, and of acquiring lands to which such buildings, structures or other facilities may be moved or relocated; and

12. All other expenses necessary or desirable and appertaining to a project, as estimated or otherwise ascertained by the commission.

(Added to NRS by 1967, 772 ; A 1975, 857 )

NRS 349.188

NRS

349.188

“Operation and maintenance expenses” defined.

1. “Operation and maintenance expenses,” or any phrase of similar import, means all reasonable and necessary current expenses of the State, paid or accrued, of operating, maintaining and repairing the facilities or of levying, collecting and otherwise administrating any excise taxes pertaining to the pledged revenues for the payment of the bonds or other securities issued hereunder; and the term may include at the Commission’s option (except as limited by contract or otherwise limited by law), without limiting the generality of the foregoing:

(a) Engineering, auditing, reporting, legal and other overhead expenses of the various state departments directly related and reasonably allocable to the administration of the facilities;

(b) Fidelity bond and property and liability insurance premiums appertaining to the facilities, or a reasonably allocable share of a premium of any blanket bond or policy pertaining to the facilities;

(c) Payments to pension, retirement, health and hospitalization funds and other insurance;

(d) Any taxes, assessments, excise taxes or other charges which may be lawfully imposed on the State, any facilities, revenues therefrom, or any privilege in connection with any facilities or their operation;

(e) The reasonable charges of any paying agent, or commercial bank, trust bank or other depositary bank appertaining to any securities issued by the State or appertaining to any facilities;

(f) Contractual services, professional services, salaries, other administrative expenses, and costs of materials, supplies, repairs and labor, appertaining to the issuance of any state securities and to any facilities, including without limitation the expenses and compensation of any trustee, receiver or other fiduciary under the State Securities Law;

(g) The costs incurred by the Commission in the collection and any refunds of all or any part of the pledged revenues, including without limitation revenues appertaining to any facilities;

(h) Any costs of utility services furnished to the facilities by the State or otherwise;

(i) Any lawful refunds of any pledged revenues;

(j) Reasonable allowances for the depreciation of furniture and equipment for the facilities; and

(k) All other administrative, general and commercial expenses.

1. The term “operation and maintenance expenses” does not include:

(a) Any allowance for depreciation, except as otherwise provided in paragraph (j) of subsection 1 of this section;

(b) Any costs of reconstruction, improvements, extensions or betterments;

(c) Any accumulation of reserves for capital replacements;

(d) Any reserves for operation, maintenance or repair of any facilities;

(e) Any allowance for the redemption of any bond or other state security evidencing a loan or other obligation or for the payment of any interest thereon;

(f) Any liabilities incurred in the acquisition or improvement of any properties comprising any project or any existing facilities, or any combination thereof; and

(g) Any other ground of legal liability not based on contract.

(Added to NRS by 1967, 774 )

NRS 349.302

NRS

349.302

Employment of legal and other expert services; contracts for sale and other purposes.

1. The Commission on the behalf of the State may employ legal, fiscal, engineering and other expert services in connection with any project or any facilities, or both such project and facilities, and the authorization, sale and issuance of bonds and other securities hereunder.

2. The Commission on the behalf of the State is authorized to enter into any contracts or arrangements, not inconsistent with the provisions hereof, with respect to the sale of bonds or other securities hereunder, the employment of engineers, architects, financial consultants and bond counsel, and other matters as the Commission may determine to be necessary or desirable in accomplishing the purposes hereof.

(Added to NRS by 1967, 785 )

NRS 349.430

NRS

349.430

“Cost of a project” defined.

“Cost of a project” means all or a designated part of the cost of any project, including any incidental cost pertaining to the project. The cost of a project may include, among other costs, the costs of:

1. Surveys, audits, preliminary plans, other plans, specifications, estimates and other costs of preparations;

2. Appraising, printing, estimating, advice, services of engineers, architects, financial consultants, attorneys, clerical personnel and other agents and employees;

3. Publishing, posting, mailing and otherwise giving notice, filing or recording instruments, taking options and fees to banks;

4. Establishment of a reserve for contingencies;

5. Interest on bonds for any time which does not exceed the estimated period of construction plus 1 year, discounts on bonds, reserves for the payment of the principal of and interest on bonds, replacement expenses and other costs of issuing bonds;

6. Amending any resolution or other instrument authorizing the issuance of, or otherwise relating to, bonds for the project; and

7. Short-term financing,

Ê and the expense of operation and maintenance of the project.

(Added to NRS by 1981, 1624 ; A 2001, 3256 )

NRS 349.450

NRS

349.450

“Expense of operation and maintenance” defined.

“Expense of operation and maintenance” means any reasonable and necessary current expense of the State for the operation, maintenance or administration of a project or of the collection and administration of revenues from a project. The term includes, among other expenses:

1. Expenses for engineering, auditing, reporting, legal services and other expenses of the Director which are directly related to the administration of projects.

2. Premiums for fidelity bonds and policies of property and liability insurance pertaining to projects, and shares of the premiums of blanket bonds and policies which may be reasonably allocated to the State.

3. Payments to pension, retirement, health insurance and other insurance funds.

4. Reasonable charges made by any paying agent, commercial bank, credit union, trust company or other depository bank pertaining to any bonds.

5. Services rendered under the terms of contracts, services of professionally qualified persons, salaries, administrative expenses and the cost of materials, supplies and labor pertaining to the issuance of any bonds, including the expenses of any trustee, receiver or other fiduciary.

6. Costs incurred in the collection and any refund of revenues from the project, including the amount of the refund.

(Added to NRS by 1981, 1625 ; A 1999, 1470 )

NRS 349.907

NRS

349.907

“Expense of operation and maintenance” defined.

“Expense of operation and maintenance” means any reasonable and necessary current expense of the State for the operation, maintenance or administration of the financing or of the collection and administration of revenues from the financing, and includes, but is not limited to:

1. Expenses for engineering, auditing, reporting or legal services and any other expense incurred by the Director which are directly related to the administration of the financing;

2. Premiums for fidelity bonds and policies of property and liability insurance pertaining to the financing;

3. Premiums for blanket bonds and policies, or any portion thereof, which may be reasonably allocated to the State;

4. Payments to pension, retirement and health insurance and other insurance funds;

5. Reasonable charges by any paying agent, commercial bank, credit union, trust company or other depository bank pertaining to any bonds;

6. Salaries or fees paid pursuant to any contract for professional services;

7. Cost of materials, supplies and labor pertaining to the issuance of any bonds, including the expenses of any trustee, receiver or other fiduciary; and

8. Costs incurred in the collection and any refund of revenues pursuant to the financing.

(Added to NRS by 1987, 1405 ; A 1999, 1471 )

NRS 349.937

NRS

349.937

“Cost of a water project” defined.

“Cost of a water project” means all or a designated part of the cost of any water project, including any incidental cost pertaining to the water project. The cost of a water project may include, among other costs, the costs of:

1. Surveys, audits, preliminary plans, other plans, specifications, estimates and other costs of preparations;

2. Appraising, printing, estimating, advice, services of engineers, architects, financial consultants, attorneys, clerical personnel and other agents and employees;

3. Publishing, posting, mailing and otherwise giving notice, filing or recording instruments, taking options and fees to banks;

4. Establishment of a reserve for contingencies;

5. Interest on bonds for any time which does not exceed the estimated period of construction plus 1 year, discounts on bonds, reserves for the payment of the principal of and interest on bonds, replacement expenses and other costs of issuing bonds;

6. Amending any resolution or other instrument authorizing the issuance of, or otherwise relating to, bonds for the water project; and

7. Short-term financing,

Ê and the expense of operation and maintenance of the water project.

(Added to NRS by 1987, 2273 )

NRS 349.939

NRS

349.939

“Expense of operation and maintenance” defined.

“Expense of operation and maintenance” means any reasonable and necessary current expense of the State for the operation, maintenance or administration of a water project or of the collection and administration of revenues from a water project. The term includes, among other expenses:

1. Expenses for engineering, auditing, reporting, legal services and other expenses of the Director which are directly related to the administration of water projects.

2. Premiums for fidelity bonds and policies of property and liability insurance pertaining to water projects, and shares of the premiums of blanket bonds and policies which may be reasonably allocated to the State.

3. Payments to pension, retirement, health insurance and other insurance funds.

4. Reasonable charges made by any paying agent, commercial bank, credit union, trust company or other depository bank pertaining to any bonds.

5. Services rendered under the terms of contracts, services of professionally qualified persons, salaries, administrative expenses and the cost of materials, supplies and labor pertaining to the issuance of any bonds, including the expenses of any trustee, receiver or other fiduciary.

6. Costs incurred in the collection and any refund of revenues from the water project, including the amount of the refund.

(Added to NRS by 1987, 2274 ; A 1999, 1472 )

NRS 349.960

NRS

349.960

State Engineer may advise Board; State Engineer and Director may assist in preparation of preliminary plan.

1. The State Engineer shall advise the Board, upon its request, of the existence and status of any water rights which affect a water project under consideration by the Board.

2. Upon the Board’s request and within the limits of available resources and staff, the State Engineer and the Director may on a case by case basis assist persons in the preparation of a preliminary plan for a water project.

(Added to NRS by 1987, 2279 )

NRS 349.981

NRS

349.981

Program to provide grants for water conservation and capital improvements to certain water systems; Board for Financing Water Projects to determine recipients of grants; applicability to certain recipients of provisions governing public works.

1. There is hereby established a program to provide grants of money to:

(a) A purveyor of water to pay for costs of capital improvements to publicly owned community water systems and publicly owned nontransient water systems required or made necessary by the State Environmental Commission pursuant to NRS 445A.800 to 445A.955 , inclusive, or made necessary by the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto.

(b) An eligible recipient to pay for the cost of improvements to conserve water, including, without limitation:

(1) Piping or lining of an irrigation canal;

(2) Recovery or recycling of wastewater or tailwater;

(3) Scheduling of irrigation;

(4) Measurement or metering of the use of water;

(5) Improving the efficiency of irrigation operations; and

(6) Improving the efficiency of the operation of a facility for the storage of water, including, without limitation, efficiency in diverting water to such a facility.

(c) An eligible recipient to pay the following costs associated with connecting a domestic well or well with a temporary permit to a municipal water system, if the well was in existence on or before October 1, 1999, and the well is located in an area designated by the State Engineer pursuant to NRS 534.120 as an area where the groundwater basin is being depleted:

(1) Any local or regional fee for connection to the municipal water system.

(2) The cost of any capital improvement that is required to comply with a decision or regulation of the State Engineer.

(d) An eligible recipient to pay the following costs associated with abandoning an individual sewage disposal system and connecting the property formerly served by the abandoned individual sewage disposal system to a community sewage disposal system, if the Division of Environmental Protection requires the individual sewage disposal system to be abandoned and the property upon which the individual sewage disposal system was located to be connected to a community sewage disposal system pursuant to the provisions of NRS 445A.300 to 445A.730 , inclusive, or any regulations adopted pursuant thereto:

(1) Any local or regional fee for connection to the community sewage disposal system.

(2) The cost of any capital improvement that is required to comply with a statute of this State or a decision, directive, order or regulation of the Division of Environmental Protection.

(e) An eligible recipient to pay the following costs associated with abandoning an individual sewage disposal system and connecting the property formerly served by the abandoned individual sewage disposal system to a community sewage disposal system, if the Division of Environmental Protection approves a program or project for the protection of groundwater quality developed by the State or a local government that provides for the abandonment of an individual sewage disposal system and the connection of the property upon which the individual sewage disposal system was located to a community sewage disposal system pursuant to the provisions of NRS 445A.300 to 445A.730 , inclusive, or any regulations adopted pursuant thereto:

(1) Any local or regional fee for connection to the community sewage disposal system.

(2) The cost of any capital improvement that is required to comply with a statute of this State or a decision, directive, order or regulation of the Division of Environmental Protection.

(f) An eligible recipient to pay the following costs associated with plugging and abandoning a well and connecting the property formerly served by the well to a municipal water system, if the State Engineer requires the plugging of the well pursuant to subsection 3 of NRS 534.180 or if the quality of the water of the well fails to comply with the standards of the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto:

(1) Any local or regional fee for connection to the municipal water system.

(2) The cost of any capital improvement that is required for the water quality in the area where the well is located to comply with the standards of the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto.

(3) The cost of plugging and abandoning a well and connecting the property formerly served by the well to a municipal water system.

(g) A governing body to pay the costs associated with developing and maintaining a water resource plan.

1. Except as otherwise provided in NRS 349.983 , the determination of who is to receive a grant is solely within the discretion of the Board.

2. For any construction work paid for in whole or in part by a grant provided pursuant to this section to a nonprofit association or nonprofit cooperative corporation that is an eligible recipient, the provisions of NRS 338.013 to 338.090 , inclusive, apply to:

(a) Require the nonprofit association or nonprofit cooperative corporation to include in the contract for the construction work the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to those statutory provisions.

(b) Require the nonprofit association or nonprofit cooperative corporation to comply with those statutory provisions in the same manner as if it was a public body that had undertaken the project or had awarded the contract.

(c) Require the contractor who is awarded the contract for the construction work, or a subcontractor on the project, to comply with those statutory provisions in the same manner as if he or she was a contractor or subcontractor, as applicable, engaged on a public work.

1. As used in this section:

(a) “Eligible recipient” means:

(1) A political subdivision of this State, including, without limitation, a city, county, unincorporated town, water authority, conservation district, irrigation district, water district or water conservancy district.

(2) A nonprofit association or nonprofit cooperative corporation that provides water service only to its members.

(b) “Governing body” has the meaning ascribed to it in NRS 278.015 .

(c) “Water resource plan” means a water resource plan created pursuant to NRS 278.0228 .

(Added to NRS by 1991, 1833 ; A 1999, 2121 ; 2003, 2502 ; 2005, 561 , 969 ;

2009, 564 ; 2019, 1295 ; 2023, 339 , 1276 )

NRS 350.516

NRS

350.516

“Cost of any project” defined.

“Cost of any project,” or any phrase of similar import, means all or any part designated by the governing body of the cost of any project, or interest therein, which cost, at the option of the governing body, may include all or any part of the incidental costs pertaining to the project, including, without limitation:

1. Preliminary expenses advanced by the municipality from money available for use therefor, or advanced by the Federal Government, or from any other source, with the approval of the governing body or any board or other agency of the municipality responsible for the project or defraying the cost thereof, or any combination thereof;

2. The costs in the making of surveys, audits, preliminary plans, other plans, specifications, estimates of costs and other preliminaries;

3. The costs of premiums on builders’ risk insurance and performance bonds, or a reasonably allocable share thereof;

4. The costs of appraising, printing, estimates, advice, services of engineers, architects, financial consultants, attorneys at law, clerical help or other agents or employees;

5. The costs of making, publishing, posting, mailing and otherwise giving any notice in connection with a project, the filing or recordation of instruments, the taking of options, the issuance of bonds and other securities, and bank fees and expenses;

6. The costs of contingencies;

7. The costs of the capitalization with proceeds of bonds or other securities issued hereunder of any operation and maintenance expenses appertaining to any facilities to be acquired as a project and of any interest on bonds or other securities for any period not exceeding the period estimated by the governing body to effect the project plus 1 year, of any discount on bonds or other securities, and of any reserves for the payment of the principal of and interest on the bonds or other securities, of any replacement expenses, and of any other cost of issuance of the bonds or other securities;

8. The costs of amending any ordinance, resolution or other instrument authorizing the issuance of or otherwise appertaining to outstanding bonds or other securities of the municipality;

9. The costs of funding any medium-term obligations, construction loans and other temporary loans of not exceeding 10 years appertaining to a project and of the incidental expenses incurred in connection with such loans;

10. The costs of any properties, rights, easements or other interests in properties, or any licenses, privileges, agreements, and franchises;

11. The costs of demolishing, removing or relocating any buildings, structures or other facilities on land acquired for any project, and of acquiring lands to which such buildings, structures or other facilities may be moved or relocated; and

12. All other expenses necessary or desirable and appertaining to a project, as estimated or otherwise ascertained by the governing body.

(Added to NRS by 1967, 422 ; A 1975, 865 ; 1989, 53 ; 1997, 553 )

NRS 350.542

NRS

350.542

“Operation and maintenance expenses” defined.

1. “Operation and maintenance expenses,” or any phrase of similar import, means all reasonable and necessary current expenses of the municipality, paid or accrued, of operating, maintaining and repairing the facilities or of levying, collecting and otherwise administrating any excise taxes pertaining to the pledged revenues for the payment of the bonds or other securities issued hereunder; and the term may include at the governing body’s option (except as limited by contract or otherwise limited by law), without limiting the generality of the foregoing:

(a) Engineering, auditing, reporting, legal and other overhead expenses of the various municipal departments directly related and reasonably allocable to the administration of the facilities;

(b) Fidelity bond and property and liability insurance premiums appertaining to the facilities, or a reasonably allocable share of a premium of any blanket bond or policy pertaining to the facilities;

(c) Payments to pension, retirement, health and hospitalization funds and other insurance;

(d) Any taxes, assessments, excise taxes, or other charges which may be lawfully imposed on the municipality, any facilities, revenues therefrom, or any privilege in connection with any facilities or their operation;

(e) The reasonable charges of any paying agent, or commercial bank, trust bank or other depositary bank appertaining to any securities issued by the municipality or appertaining to any facilities;

(f) Contractual services, professional services, salaries, other administrative expenses, and costs of materials, supplies, repairs and labor, appertaining to the issuance of any municipal securities and to any facilities, including without limitation the expenses and compensation of any trustee, receiver or other fiduciary under the Local Government Securities Law;

(g) The costs incurred by the governing body in the collection and any refunds of all or any part of the pledged revenues, including without limitation revenues appertaining to any facilities;

(h) Any costs of utility services furnished to the facilities by the municipality or otherwise;

(i) Any lawful refunds of any pledged revenues; and

(j) All other administrative, general and commercial expenses.

1. The term “operation and maintenance expenses” does not include:

(a) Any allowance for depreciation;

(b) Any costs of improvements;

(c) Any accumulation of reserves for major capital replacements (other than normal repairs);

(d) Any reserves for operation, maintenance or repair of any facilities;

(e) Any allowance for the redemption of any bond or other municipal security evidencing a loan or other obligation or for the payment of any interest thereon;

(f) Any liabilities incurred in the acquisition or improvement of any properties comprising any project or of any existing facilities, or any combination thereof; and

(g) Any other ground of legal liability not based on contract.

(Added to NRS by 1967, 424 , 425 )

NRS 350.656

NRS

350.656

Employment of legal and other expert services; contracts for sale and other purposes.

1. The governing body on the behalf of the municipality may employ legal, fiscal, engineering and other expert services in connection with any project or any facilities, or both such project and facilities, and the authorization, sale and issuance of bonds and other securities hereunder.

2. The governing body on the behalf of the municipality is authorized to enter into any contracts or arrangements, not inconsistent with the provisions hereof, with respect to the sale of bonds or other securities hereunder, the employment of engineers, architects, financial consultants and bond counsel, and other matters as the governing body may determine to be necessary or desirable in accomplishing the purposes hereof.

(Added to NRS by 1967, 436 )

NRS 353.264

NRS

353.264

Reserve for Statutory Contingency Account.

1. The Reserve for Statutory Contingency Account is hereby created in the State General Fund.

2. The State Board of Examiners shall administer the Reserve for Statutory Contingency Account. The money in the Account must be expended only for:

(a) The payment of claims which are obligations of the State pursuant to NRS 41.03435 ,

41.0347 , 62I.025 , 176.485 , 179.310 ,

212.040 , 212.050 , 212.070 ,

281.174 , 282.290 , 282.315 ,

293.2504 , 293.253 , 293.405 ,

298.710 , 304.230 , 353.120 ,

353.262 , 412.154 and 475.235 ;

(b) The payment of claims which are obligations of the State pursuant to:

(1) Chapter 472 of NRS arising from operations of the Division of Forestry of the State Department of Conservation and Natural Resources directly involving the protection of life and property; and

(2) NRS 7.155 , 34.750 , 176A.640 , 179.225 , 180.008

and 213.153 ,

Ê except that claims may be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted;

(c) The payment of claims which are obligations of the State pursuant to NRS 41.0349

and 41.037 , but only to the extent that the money in the Fund for Insurance Premiums is insufficient to pay the claims;

(d) The payment of claims which are obligations of the State pursuant to NRS 41.950 ; and

(e) The payment of claims which are obligations of the State pursuant to NRS 535.030

arising from remedial actions taken by the State Engineer when the condition of a dam becomes dangerous to the safety of life or property.

1. The State Board of Examiners may authorize its Clerk or a person designated by the Clerk, under such circumstances as it deems appropriate, to approve, on behalf of the Board, the payment of claims from the Reserve for Statutory Contingency Account. For the purpose of exercising any authority granted to the Clerk of the State Board of Examiners or to the person designated by the Clerk pursuant to this subsection, any statutory reference to the State Board of Examiners relating to such a claim shall be deemed to refer to the Clerk of the Board or the person designated by the Clerk.

(Added to NRS by 1963, 1110 ; A 1964, 11 ; 1965, 1416 ; 1967, 1471 ; 1968, 22 , 54 ;

1969, 640 , 1015 ;

1973, 170 ; 1975, 345 , 514 ,

896 ,

1489 ;

1977, 229 , 238 ,

421 ,

816 ,

1011 ,

1540 ;

1979, 341 , 1166 ,

1737 ;

1981, 486 , 631 ,

1690 ,

1872 ;

1983, 181 , 1090 ;

1985, 545 , 617 ,

1237 ;

1987, 112 , 1613 ;

1989, 309 ; 1991, 92 , 1750 ,

1825 ;

1995, 865 , 2640 ;

2001, 1079 , 1088 ;

2003, 20 , 1134 ;

2005, 414 ; 2007, 1187 , 2623 ,

2624 ;

2013, 3676 ; 2019, 4370 ; 2021, 1767 , 1980 ,

3901 ;

2023, 1890 , 2613 )

NRS 360.889

NRS

360.889

Submittal of application on behalf of project; submission of request for approval of application to Interim Finance Committee; contents of application; provision of additional documentation. [Effective through June 30, 2032.]

1. On behalf of a project, the lead participant in the project may apply to the Office of Economic Development for:

(a) A certificate of eligibility for transferable tax credits which may be applied to:

(1) Any tax imposed by chapters 363A and 363B

of NRS;

(2) The gaming license fees imposed by the provisions of NRS 463.370 ;

(3) Any tax imposed by chapter 680B of NRS; or

(4) Any combination of the fees and taxes described in subparagraphs (1), (2) and (3).

(b) A partial abatement of property taxes, employer excise taxes or local sales and use taxes, or any combination of any of those taxes.

1. For a project to be eligible for the transferable tax credits described in paragraph (a) of subsection 1 and the partial abatement of the taxes described in paragraph (b) of subsection 1, the lead participant in the project must, on behalf of the project:

(a) Submit an application that meets the requirements of subsection 5;

(b) Provide documentation satisfactory to the Office that approval of the application would promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director of the Office pursuant to subsection 2 of NRS 231.053 ;

(c) Provide documentation satisfactory to the Office that the participants in the project collectively will make a total new capital investment of at least $1 billion in this State within the 10-year period immediately following approval of the application;

(d) Provide documentation satisfactory to the Office that the participants in the project are engaged in a common business purpose or industry;

(e) Provide documentation satisfactory to the Office that the place of business of each participant is or will be located within the geographic boundaries of the project site or sites;

(f) Provide documentation satisfactory to the Office that each participant in the project is registered pursuant to the laws of this State or commits to obtaining a valid business license and all other permits required by the county, city or town in which the project operates;

(g) Provide documentation satisfactory to the Office of the number of employees engaged in the construction of the project;

(h) Provide documentation satisfactory to the Office of the number of qualified employees employed or anticipated to be employed at the project by the participants;

(i) Provide documentation satisfactory to the Office that each employer engaged in the construction of the project provides a plan of health insurance and that each employee engaged in the construction of the project is offered coverage under the plan of health insurance provided by his or her employer;

(j) Provide documentation satisfactory to the Office that each participant in the project provides a plan of health insurance and that each employee employed at the project by each participant is offered coverage under the plan of health insurance provided by his or her employer;

(k) Provide documentation satisfactory to the Office that at least 50 percent of the employees engaged in construction of the project and 50 percent of the employees employed at the project are residents of Nevada, unless waived by the Executive Director of the Office upon proof satisfactory to the Executive Director of the Office that there is an insufficient number of Nevada residents available and qualified for such employment;

(l) Agree to provide the Office with a full compliance audit of the participants in the project at the end of each fiscal year which:

(1) Shows the amount of money invested in this State by each participant in the project;

(2) Shows the number of employees engaged in the construction of the project and the number of those employees who are residents of Nevada;

(3) Shows the number of employees employed at the project by each participant and the number of those employees who are residents of Nevada; and

(4) Is certified by an independent certified public accountant in this State who is approved by the Office;

(m) Pay the cost of the audit required by paragraph (l);

(n) Enter into an agreement with the governing body of the city or county in which the qualified project is located that:

(1) Requires the lead participant to pay the cost of any engineering or design work necessary to determine the cost of infrastructure improvements required to be made by the governing body pursuant to an economic development financing proposal approved pursuant to NRS 360.990 ; and

(2) Requires the lead participant to seek reimbursement for any costs paid by the lead participant pursuant to subparagraph (1) from the proceeds of bonds issued pursuant to NRS 360.991 ; and

(o) Meet any other requirements prescribed by the Office.

1. In addition to meeting the requirements set forth in subsection 2, for a project located on more than one site in this State to be eligible for the partial abatement of the taxes described in paragraph (b) of subsection 1, the lead participant must, on behalf of the project, submit an application that meets the requirements of subsection 5 on or before June 30, 2019, and provide documentation satisfactory to the Office that:

(a) The initial project will have a total of 500 or more full-time employees employed at the site of the initial project and the average hourly wage that will be paid to employees of the initial project in this State is at least 120 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year;

(b) Each participant in the project must be a subsidiary or affiliate of the lead participant; and

(c) Each participant offers primary jobs and:

(1) Except as otherwise provided in subparagraph (2), satisfies the requirements of paragraph (f) or (g) of subsection 2 of NRS 360.750 , regardless of whether the business is a new business or an existing business; and

(2) If a participant owns, operates, manufactures, services, maintains, tests, repairs, overhauls or assembles an aircraft or any component of an aircraft, that the participant satisfies the applicable requirements of paragraph (f) or (g) of subsection 2 of NRS 360.753 .

Ê If any participant is a data center, as defined in NRS 360.754 , any capital investment by that participant must not be counted in determining whether the participants in the project collectively will make a total new capital investment of at least $1 billion in this State within the 10-year period immediately following approval of the application, as required by paragraph (c) of subsection 2.

1. In addition to meeting the requirements set forth in subsection 2, a project is eligible for the transferable tax credits described in paragraph (a) of subsection 1 only if the Interim Finance Committee approves a written request for the issuance of the transferable tax credits. Such a request may only be submitted by the Office and only after the Office has approved the application submitted for the project pursuant to subsection 2. The Interim Finance Committee may approve a request submitted pursuant to this subsection only if the Interim Finance Committee determines that approval of the request:

(a) Will not impede the ability of the Legislature to carry out its duty to provide for an annual tax sufficient to defray the estimated expenses of the State for each fiscal year as set forth in Article 9, Section 2 of the Nevada Constitution; and

(b) Will promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director of the Office pursuant to subsection 2 of NRS 231.053 .

1. An application submitted pursuant to subsection 2 must include:

(a) A detailed description of the project, including a description of the common purpose or business endeavor in which the participants in the project are engaged;

(b) A detailed description of the location of the project, including a precise description of the geographic boundaries of the project site or sites;

(c) The name and business address of each participant in the project, which must be an address in this State;

(d) A detailed description of the plan by which the participants in the project intend to comply with the requirement that the participants collectively make a total new capital investment of at least $1 billion in this State in the 10-year period immediately following approval of the application;

(e) If the application includes one or more partial abatements, an agreement executed by the Office with the lead participant in the project not later than 1 year after the date on which the application was received by the Office which:

(1) Complies with the requirements of NRS 360.755 ;

(2) States the date on which the partial abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application and not later than 1 year after the date on which the Office approves the application;

(3) States that the project will, after the date on which a certificate of eligibility for the partial abatement is approved pursuant to NRS 360.893 , continue in operation in this State for a period specified by the Office; and

(4) Binds successors in interest of the lead participant for the specified period; and

(f) Any other information required by the Office.

1. For an employee to be considered a resident of Nevada for the purposes of this section, each participant in the project must maintain the following documents in the personnel file of the employee:

(a) A copy of the:

(1) Current and valid Nevada driver’s license of the employee originally issued by the Department of Motor Vehicles more than 60 days before the hiring of the employee or a current and valid identification card for the employee originally issued by the Department of Motor Vehicles more than 60 days before the hiring of the employee; or

(2) If the employee is a veteran of the Armed Forces of the United States, a current and valid Nevada driver’s license of the employee or a current and valid identification card for the employee issued by the Department of Motor Vehicles;

(b) If the employee is a registered owner of one or more motor vehicles in Nevada, a copy of the current motor vehicle registration of at least one of those vehicles;

(c) Proof that the employee is employed full-time and scheduled to work for an average minimum of 30 hours per week; and

(d) Proof that the employee is offered coverage under a plan of health insurance provided by his or her employer.

1. For the purpose of obtaining from the Executive Director of the Office any waiver of the requirement set forth in paragraph (k) of subsection 2, the lead participant in the project must submit to the Executive Director of the Office written documentation of the efforts to meet the requirement and documented proof that an insufficient number of Nevada residents is available and qualified for employment.

2. The Executive Director of the Office shall make available to the public and post on the Internet website of the Office:

(a) Any request for a waiver of the requirements set forth in paragraph (k) of subsection 2; and

(b) Any approval of such a request for a waiver that is granted by the Executive Director of the Office.

1. The Executive Director of the Office shall post a request for a waiver of the requirements set forth in paragraph (k) of subsection 2 on the Internet website of the Office within 3 days after receiving the request and shall keep the request posted on the Internet website for not less than 5 days. The Executive Director of the Office shall ensure that the Internet website allows members of the public to post comments regarding the request.

2. The Executive Director of the Office shall consider any comments posted on the Internet website concerning any request for a waiver of the requirements set forth in paragraph (k) of subsection 2 before making a decision regarding whether to approve the request. If the Executive Director of the Office approves the request for a waiver, the Executive Director of the Office must post the approval on the Internet website of the Office within 3 days and ensure that the Internet website allows members of the public to post comments regarding the approval.

3. If an applicant for one or more partial abatements pursuant to this section fails to execute the agreement described in paragraph (e) of subsection 5 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for a partial abatement pursuant to this section unless the applicant submits a new application.

(Added to NRS by 2015, 29th Special Session, 19 ; A 2017, 3795 ; 2019, 2601 ; 2021, 2303 )

NRS 360.945

NRS

360.945

Submittal of application on behalf of project; contents of application; provision of additional documentation. [Effective through June 30, 2036.]

1. On behalf of a project, the lead participant in the project may apply to the Office of Economic Development for:

(a) A certificate of eligibility for transferable tax credits which may be applied to:

(1) Any tax imposed by chapters 363A and 363B

of NRS;

(2) The gaming license fees imposed by the provisions of NRS 463.370 ;

(3) Any tax imposed by chapter 680B of NRS; or

(4) Any combination of the fees and taxes described in subparagraphs (1), (2) and (3).

(b) An abatement of property taxes, employer excise taxes or local sales and use taxes, or any combination of any of those taxes.

1. For a project to be eligible for the transferable tax credits described in paragraph (a) of subsection 1 and abatement of the taxes described in paragraph (b) of subsection 1, the lead participant in the project must, on behalf of the project:

(a) Submit an application that meets the requirements of subsection 3;

(b) Provide documentation satisfactory to the Office that approval of the application would promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director of the Office pursuant to subsection 2 of NRS 231.053 ;

(c) Provide documentation satisfactory to the Office that the participants in the project collectively will make a total new capital investment of at least $3.5 billion in this State within the 10-year period immediately following approval of the application;

(d) Provide documentation satisfactory to the Office that the participants in the project are engaged in a common business purpose or industry;

(e) Provide documentation satisfactory to the Office that the place of business of each participant is or will be located within the geographic boundaries of the project site;

(f) Provide documentation satisfactory to the Office that each participant in the project is registered pursuant to the laws of this State or commits to obtaining a valid business license and all other permits required by the county, city or town in which the project operates;

(g) Provide documentation satisfactory to the Office of the number of employees engaged in the construction of the project;

(h) Provide documentation satisfactory to the Office of the number of qualified employees employed or anticipated to be employed at the project by the participants;

(i) Provide documentation satisfactory to the Office that each employer engaged in the construction of the project provides a plan of health insurance and that each employee engaged in the construction of the project is offered coverage under the plan of health insurance provided by his or her employer;

(j) Provide documentation satisfactory to the Office that each participant in the project provides a plan of health insurance and that each employee employed at the project by each participant is offered coverage under the plan of health insurance provided by his or her employer;

(k) Provide documentation satisfactory to the Office that at least 50 percent of the employees engaged in construction of the project and 50 percent of the employees employed at the project are residents of Nevada, unless waived by the Executive Director of the Office upon proof satisfactory to the Executive Director of the Office that there is an insufficient number of Nevada residents available and qualified for such employment;

(l) Agree to provide the Office with a full compliance audit of the participants in the project at the end of each fiscal year which:

(1) Shows the amount of money invested in this State by each participant in the project;

(2) Shows the number of employees engaged in the construction of the project and the number of those employees who are residents of Nevada;

(3) Shows the number of employees employed at the project by each participant and the number of those employees who are residents of Nevada; and

(4) Is certified by an independent certified public accountant in this State who is approved by the Office;

(m) Pay the cost of the audit required by paragraph (l);

(n) Enter into an agreement with the governing body of the city or county in which the qualified project is located that:

(1) Requires the lead participant to pay the cost of any engineering or design work necessary to determine the cost of infrastructure improvements required to be made by the governing body pursuant to an economic development financing proposal approved pursuant to NRS 360.990 ; and

(2) Requires the lead participant to seek reimbursement for any costs paid by the lead participant pursuant to subparagraph (1) from the proceeds of bonds of the State of Nevada issued pursuant to NRS 360.991 ; and

(o) Meet any other requirements prescribed by the Office.

1. An application submitted pursuant to subsection 2 must include:

(a) A detailed description of the project, including a description of the common purpose or business endeavor in which the participants in the project are engaged;

(b) A detailed description of the location of the project, including a precise description of the geographic boundaries of the project site;

(c) The name and business address of each participant in the project, which must be an address in this State;

(d) A detailed description of the plan by which the participants in the project intend to comply with the requirement that the participants collectively make a total new capital investment of at least $3.5 billion in this State in the 10-year period immediately following approval of the application;

(e) If the application includes one or more abatements, an agreement executed by the Office with the lead participant in the project not later than 1 year after the date on which the application was received by the Office which:

(1) Complies with the requirements of NRS 360.755 ;

(2) States that the project will, after the date on which a certificate of eligibility for the abatement is approved pursuant to NRS 360.965 , continue in operation in this State for a period specified by the Office; and

(3) Binds successors in interest of the lead participant for the specified period; and

(f) Any other information required by the Office.

1. For an employee to be considered a resident of Nevada for the purposes of this section, each participant in the project must maintain the following documents in the personnel file of the employee:

(a) A copy of the current and valid Nevada driver’s license of the employee or a current and valid identification card for the employee issued by the Department of Motor Vehicles;

(b) If the employee is a registered owner of one or more motor vehicles in Nevada, a copy of the current motor vehicle registration of at least one of those vehicles;

(c) Proof that the employee is employed full-time and scheduled to work for an average minimum of 30 hours per week; and

(d) Proof that the employee is offered coverage under a plan of health insurance provided by his or her employer.

1. For the purpose of obtaining from the Executive Director of the Office any waiver of the requirement set forth in paragraph (k) of subsection 2, the lead participant in the project must submit to the Executive Director of the Office written documentation of the efforts to meet the requirement and documented proof that an insufficient number of Nevada residents is available and qualified for employment.

2. The Executive Director of the Office shall make available to the public and post on the Internet website for the Office:

(a) Any request for a waiver of the requirements set forth in paragraph (k) of subsection 2; and

(b) Any approval of such a request for a waiver that is granted by the Executive Director of the Office.

1. The Executive Director of the Office shall post a request for a waiver of the requirements set forth in paragraph (k) of subsection 2 on the Internet website of the Office within 3 days after receiving the request and shall keep the request posted on the Internet website for not less than 5 days. The Executive Director of the Office shall ensure that the Internet website allows members of the public to post comments regarding the request.

2. The Executive Director of the Office shall consider any comments posted on the Internet website concerning any request for a waiver of the requirements set forth in paragraph (k) of subsection 2 before making a decision regarding whether to approve the request. If the Executive Director of the Office approves the request for a waiver, the Executive Director of the Office must post the approval on the Internet website of the Office within 3 days and ensure that the Internet website allows members of the public to post comments regarding the approval.

3. If an applicant for one or more abatements pursuant to this section fails to execute the agreement described in paragraph (e) of subsection 3 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for an abatement pursuant to this section unless the applicant submits a new application.

(Added to NRS by 2014, 28th Special Session, 13 ; A 2017, 3802 ; 2021, 2307 )

NRS 360.992

NRS

360.992

Expedited determination of water rights in area of qualified project. [Effective through June 30, 2036.]

1. If the Executive Director of the Office determines that a qualified project is an economic development priority of the State and that an expedited determination of water rights in the area in which the qualified project is located is necessary, the Executive Director of the Office may provide notice of his or her determinations to the State Engineer.

2. Upon receipt of the notice described in subsection 1, the State Engineer may expedite action on any application for a permit to change the point of diversion, place of use or manner of use of an existing water right to which the notice pertains.

3. Notwithstanding any other provision of law to the contrary, if an application for a permit which is subject to the expedited process authorized by subsection 2 involves a change of the point of diversion, place of use or manner of use of an existing water right which lies within a basin that shares a unique and close hydrological connection to another basin or basins and is managed jointly as a single source and supply of water with the other basin or basins pursuant to a ruling of the State Engineer made before December 19, 2015, any action taken by the State Engineer with regard to the application or any permit issued as a result of the approval of the application is subject to protest and appeal only by a person who holds a water right in such a basin or basins or the owner of a domestic well in such a basin or basins.

(Added to NRS by 2015, 29th Special Session, 55 ; A 2015, 29th Special Session, 56 )

NRS 362.120

NRS

362.120

Computation of gross yield and net proceeds; required reports.

1. The Department shall, from the statement filed pursuant to NRS 362.110

and from all obtainable data, evidence and reports, compute in dollars and cents the gross yield and net proceeds of the calendar year immediately preceding the year in which the statement is filed.

1. The gross yield must include the value of any mineral extracted which was:

(a) Sold;

(b) Exchanged for any thing or service;

(c) Removed from the State in a form ready for use or sale; or

(d) Used in a manufacturing process or in providing a service,

Ê during that period.

1. The net proceeds are ascertained and determined by subtracting from the gross yield the following deductions for costs incurred during that period, and none other:

(a) The actual cost of extracting the mineral, which is limited to direct costs for activities performed in the State of Nevada.

(b) The actual cost of transporting the mineral to the place or places of reduction, refining and sale.

(c) The actual cost of reduction, refining and sale.

(d) The actual cost of delivering the mineral.

(e) The actual cost of maintenance and repairs of:

(1) All machinery, equipment, apparatus and facilities used in the mine.

(2) All milling, refining, smelting and reduction works, plants and facilities.

(3) All facilities and equipment for transportation except those that are under the jurisdiction of the Public Utilities Commission of Nevada or the Nevada Transportation Authority.

(f) Depreciation of the original capitalized cost of the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e). The annual depreciation charge consists of amortization of the original cost in a manner prescribed by regulation of the Nevada Tax Commission. The probable life of the property represented by the original cost must be considered in computing the depreciation charge.

(g) All money expended for premiums for industrial insurance, and the actual cost of hospital and medical attention and accident benefits and group insurance for employees actually engaged in mining operations within the State of Nevada.

(h) All money paid as contributions or payments under the unemployment compensation law of the State of Nevada, as contained in

chapter 612 of NRS, all money paid as contributions under the Social Security Act of the Federal Government, and all money paid to either the State of Nevada or the Federal Government under any amendment to either or both of the statutes mentioned in this paragraph.

(i) The costs of employee travel which occurs within the State of Nevada and which is directly related to mining operations within the State of Nevada.

(j) The costs of Nevada-based corporate services relating to paragraphs (e) to (i), inclusive.

(k) The actual cost of developmental work in or about the mine or upon a group of mines when operated as a unit, which is limited to work that is necessary to the operation of the mine or group of mines.

(l) The costs of reclamation work in the years the reclamation work occurred, including, without limitation, costs associated with the remediation of a site.

(m) All money paid as royalties by a lessee or sublessee of a mine or well, or by both, in determining the net proceeds of the lessee or sublessee, or both.

1. Royalties deducted by a lessee or sublessee constitute part of the net proceeds of the minerals extracted, upon which a tax must be levied against the person to whom the royalty has been paid.

2. Every person acquiring property in the State of Nevada to engage in the extraction of minerals and who incurs any of the expenses mentioned in subsection 3 shall report those expenses and the recipient of any royalty to the Department on forms provided by the Department. The Department shall report annually to the Mining Oversight and Accountability Commission the expenses and deductions of each mining operation in the State of Nevada.

3. The several deductions mentioned in subsection 3 do not include any expenditures for salaries, or any portion of salaries, of any person not actually engaged in:

(a) The working of the mine;

(b) The operating of the mill, smelter or reduction works;

(c) The operating of the facilities or equipment for transportation;

(d) Superintending the management of any of those operations;

(e) The State of Nevada, in office, clerical or engineering work necessary or proper in connection with any of those operations; or

(f) Nevada-based corporate services.

1. The following expenses are specifically excluded from any deductions from the gross yield:

(a) The costs of employee housing.

(b) Except as otherwise provided in paragraph (i) of subsection 3, the costs of employee travel.

(c) The costs of severing the employment of any employees.

(d) Any dues paid to a third-party organization or trade association to promote or advertise a product.

(e) Expenses relating to governmental relations or to compensate a natural person or entity to influence legislative decisions.

(f) The costs of mineral exploration.

(g) Any federal, state or local taxes.

1. As used in this section, “Nevada-based corporate services” means corporate services which are performed in the State of Nevada from an office located in this State and which directly support mining operations in this State, including, without limitation, accounting functions relating to mining operations at a mine site in this State such as payroll, accounts payable, production reporting, cost reporting, state and local tax reporting and recordkeeping concerning property.

[3:77:1927; A 1937, 139 ; 1939, 256 ; 1931 NCL § 6580]—(NRS A 1971, 926 ; 1973, 1294 ; 1975, 1676 ; 1979, 820 ; 1983, 254 ; 1989, 36 , 1533 ;

1991, 146 ; 1997, 1990 ; 2001, 661 ; 2011, 2694 , 2696 ;

2013, 3126 , 3426 ,

3819 ;

2015, 2954 )

NRS 373.024

NRS

373.024

“Cost of the project” defined.

“Cost of the project,” or any phrase of similar import, means all or any part designated by the board or, in the case of a project financed with bonds or other securities issued by a commission, the commission, of the cost of any project, or interest therein, being acquired, which cost, at the option of the board or, in the case of a project financed with bonds or other securities issued by a commission, the commission, may include all or any part of the incidental costs pertaining to the project, including, without limitation, preliminary expenses advanced by the county or, in the case of a project financed with bonds or other securities issued by a commission, the commission, from money available for use therefor or any other source, or advanced by any city with the approval of the county from money available therefor or from any other source, or advanced by the State of Nevada or the Federal Government, or any corporation, agency or instrumentality thereof, with the approval of the county, or any combination thereof, in the making of surveys, preliminary plans, estimates of costs, other preliminaries, the costs of appraising, printing, estimates, advice, contracting for the services of engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the issuance of bonds and other securities, contingencies, the capitalization with bond proceeds of any interest on the bonds for any period not exceeding 1 year and of any reserves for the payment of the principal of an interest on the bonds, the filing or recordation of instruments, the costs of medium-term obligations, construction loans and other temporary loans of not exceeding 10 years appertaining to the project and of the incidental expenses incurred in connection with such financing or loans, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board or, in the case of a project financed with bonds or other securities issued by a commission, the commission.

(Added to NRS by 1997, 2968 ; A 2011, 3318 )

NRS 384.050

NRS

384.050

Appointment, qualifications and compensation of members of Commission; officers; allowances and expenses for members and employees.

1. The Governor shall appoint to the Commission:

(a) One member who is a county commissioner of Storey County.

(b) One member who is a county commissioner of Lyon County.

(c) One member who is the Administrator or an employee of the Office of Historic Preservation of the State Department of Conservation and Natural Resources.

(d) Two members who are persons licensed as general engineering contractors or general building contractors pursuant to chapter 624 of NRS or persons who hold a certificate of registration to practice architecture pursuant to chapter 623 of NRS.

(e) Four members who are persons interested in the protection and preservation of structures, sites and areas of historic interest and are residents of the district.

1. The Commission shall elect one of its members as Chair and another as Vice Chair, who shall serve for a term of 1 year or until their successors are elected and qualified.

2. Each member of the Commission is entitled to receive a salary of not more than $80, as fixed by the Commission, for each day’s attendance at a meeting of the Commission.

3. While engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

(Added to NRS by 1969, 1636 ; A 1971, 285 ; 1973, 667 ; 1977, 1213 ; 1979, 639 ; 1981, 1981 ; 1985, 418 ; 1989, 1713 ; 1993, 1594 ; 2001, 934 , 1654 ;

2011, 2982 )

NRS 388.594

NRS

388.594

Establishment of Program; creation and delivery of State Seal of STEM; participation in Program; regulations.

1. The Superintendent of Public Instruction shall establish a State Seal of STEM Program to recognize pupils who graduate from a public high school, including, without limitation, a charter school and a university school for profoundly gifted pupils, who have attained a high level of proficiency in science, technology, engineering and mathematics.

2. The Superintendent of Public Instruction shall:

(a) Create a State Seal of STEM that may be affixed to the diploma and noted on the transcript of a pupil to recognize that the pupil has met the requirements of NRS 388.5945 ; and

(b) Deliver the State Seal of STEM to each school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of STEM Program.

1. Any school district, charter school and university school for profoundly gifted pupils may participate in the State Seal of STEM Program by notifying the Superintendent of Public Instruction of its intent to participate in the Program.

2. Each board of trustees of a school district and governing body of a charter school or university school for profoundly gifted pupils that participates in the State Seal of STEM Program shall:

(a) Identify the pupils who have met the requirements to be awarded the State Seal of STEM; and

(b) Affix the State Seal of STEM to the diploma and note the receipt of the State Seal of STEM on the transcript of each pupil who meets those requirements.

1. The Superintendent of Public Instruction may adopt regulations as necessary to carry out the provisions of this section and NRS 388.5945 .

(Added to NRS by 2017, 447 )

NRS 388.5945

NRS

388.5945

Criteria for award of State Seal of STEM.

A school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of STEM Program established pursuant to NRS 388.594 must award a pupil, upon graduation from high school, a high school diploma with a State Seal of STEM if the pupil:

1. Earns at least a 3.25 grade point average, on a 4.0 grading scale, or a 3.85 weighted grade point average, on a grading scale approved by the Superintendent of Public Instruction if a different grading scale is used.

2. Demonstrates proficiency in science, technology, engineering and mathematics by earning:

(a) At least 4 credits in science;

(b) At least 4 credits in mathematics;

(c) At least 1 credit in computer science, engineering, manufacturing, electronics or a career and technical education program of study in information and media technologies or skilled and technical sciences;

(d) Any one of the following:

(1) A score of 3 or higher on an advanced placement examination in science;

(2) A score of 4 or higher on an international baccalaureate examination in science;

(3) A score of 650 or higher on a SAT Subject Test in science;

(4) A score of 23 or higher on the ACT in science;

(5) A grade of B or higher in a college-level science course completed through dual enrollment; or

(6) A score of gold or higher on the ACT National Career Readiness Certificate; and

(e) Any one of the following:

(1) A score of 3 or higher on an advanced placement examination in mathematics;

(2) A score of 4 or higher on an international baccalaureate examination in mathematics;

(3) A score of 530 or higher on the SAT in mathematics;

(4) A score of 22 or higher on the ACT in mathematics;

(5) A grade of B or higher in a college-level mathematics course completed through dual enrollment; or

(6) A score of gold or higher on the ACT National Career Readiness Certificate.

(Added to NRS by 2017, 448 )

FINANCIAL LITERACY

NRS 388.597

NRS

388.597

Establishment of Program; creation and delivery of State Seal of STEAM; participation in Program; regulations.

1. The Superintendent of Public Instruction shall establish a State Seal of STEAM Program to recognize pupils who graduate from a public high school, including, without limitation, a charter school and a university school for profoundly gifted pupils, who have attained a high level of proficiency in science, technology, engineering, the arts and mathematics.

2. The Superintendent of Public Instruction shall:

(a) Create a State Seal of STEAM that may be affixed to the diploma and noted on the transcript of a pupil to recognize that the pupil has met the requirements of NRS 388.5975 ; and

(b) Deliver the State Seal of STEAM to each school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of STEAM Program.

1. Any school district, charter school and university school for profoundly gifted pupils may participate in the State Seal of STEAM Program by notifying the Superintendent of Public Instruction of its intent to participate in the Program.

2. Each board of trustees of a school district and governing body of a charter school or university school for profoundly gifted pupils that participates in the State Seal of STEAM Program shall:

(a) Identify the pupils who have met the requirements to be awarded the State Seal of STEAM; and

(b) Affix the State Seal of STEAM to the diploma and note the receipt of the State Seal of STEAM on the transcript of each pupil who meets those requirements.

1. The Superintendent of Public Instruction may adopt regulations as necessary to carry out the provisions of this section and NRS 388.5975 .

(Added to NRS by 2017, 449 )

NRS 388.5975

NRS

388.5975

Criteria for award of State Seal of STEAM.

A school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of STEAM Program established pursuant to NRS 388.597 must award a pupil, upon graduation from high school, a high school diploma with a State Seal of STEAM if the pupil:

1. Earns at least a 3.25 grade point average, on a 4.0 grading scale, or a 3.85 weighted grade point average, on a grading scale approved by the Superintendent of Public Instruction if a different grading scale is used.

2. Demonstrates proficiency in science, technology, engineering, the arts and mathematics by earning:

(a) At least 3 credits in science;

(b) At least 4 credits in mathematics;

(c) At least 1 credit in computer science, engineering, manufacturing, electronics or a career and technical education program of study in information and media technologies or skilled and technical sciences;

(d) At least 1 credit in fine arts;

(e) Any one of the following:

(1) A score of 3 or higher on an advanced placement examination in science;

(2) A score of 4 or higher on an international baccalaureate examination in science;

(3) A score of 650 or higher on a SAT Subject Test in science;

(4) A score of 23 or higher on the ACT in science;

(5) A grade of B or higher in a college-level science course completed through dual enrollment; or

(6) A score of gold or higher on the ACT National Career Readiness Certificate; and

(f) Any one of the following:

(1) A score of 3 or higher on an advanced placement examination in mathematics;

(2) A score of 4 or higher on an international baccalaureate examination in mathematics;

(3) A score of 530 or higher on the SAT in mathematics;

(4) A score of 22 or higher on the ACT in mathematics;

(5) A grade of B or higher in a college-level mathematics course completed through dual enrollment; or

(6) A score of gold or higher on the ACT National Career Readiness Certificate.

(Added to NRS by 2017, 449 )

EDUCATION AND COUNSELING OF DISPLACED HOMEMAKERS

NRS 389.0375

NRS

389.0375

Internet repository of resources for providing instruction in computer science; assistance to school districts and schools to establish programs of instruction in computer science.

1. The Department shall:

(a) Develop and make available to school districts, charter schools and university schools for profoundly gifted pupils an Internet repository of resources for providing instruction in computer science to pupils in all grades. The repository must contain, without limitation, resources for providing instruction concerning computational thinking and computer coding.

(b) Assist school districts, charter schools and university schools for profoundly gifted pupils as necessary to establish programs of instruction in computer science, including, without limitation, the courses required by NRS 389.037 , that meet the needs of pupils enrolled in the school district, charter school or university school for profoundly gifted pupils, as applicable.

1. As used in this section:

(a) “Computational thinking” means problem-solving skills and techniques commonly used by software engineers when writing programs for computer applications. Such skills and techniques include, without limitation, decomposition, pattern recognition, pattern generalization and designing algorithms.

(b) “Computer coding” means the process of writing script for a computer program or mobile electronic device.

(Added to NRS by 2019, 2696 ; A 2019, 2700 )

NRS 393.045

NRS

393.045

Confidentiality of blueprint of public school; conditions under which disclosure authorized.

1. Except as otherwise provided in NRS 239.0115 , a blueprint of a public school, including, without limitation, a charter school or university school for profoundly gifted pupils, or any revision thereto, is confidential and:

(a) Must be disclosed in its most current version to a public safety agency upon its request.

(b) May be disclosed, upon request, to:

(1) An architect registered pursuant to chapter 623 of NRS, a landscape architect registered pursuant to chapter 623A of NRS, a contractor licensed pursuant to chapter 624

of NRS, a professional engineer or professional land surveyor licensed pursuant to chapter 625 of NRS or a designated employee of any such architect, landscape architect, contractor, professional engineer or professional land surveyor who uses the blueprint in his or her professional capacity for a purpose related to the public school; or

(2) Any other person or governmental entity if necessary for a purpose related to the public school.

1. A person or governmental entity to which a blueprint is disclosed pursuant to this section shall not disclose the blueprint except pursuant to the provisions of NRS 239.0115 .

2. As used in this section, “public safety agency” means:

(a) A public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to prevent, control, extinguish or suppress fires;

(b) A law enforcement agency as defined in NRS 277.035 ; or

(c) An emergency medical service.

(Added to NRS by 2019, 1062 )

NRS 393.092

NRS

393.092

Oversight panel for school facilities: Establishment in counties whose population is 100,000 or more; membership; terms of members; meetings.

1. The board of trustees of a school district in a county whose population is 100,000 or more shall establish an oversight panel for school facilities, consisting of 11 members selected as follows:

(a) Six members who are elected representatives of local government, to be determined as follows:

(1) One member of the board of county commissioners appointed by a majority vote of the board of county commissioners;

(2) One member of the governing body of each incorporated city in the county, each of whom is appointed by a majority vote of the governing body of which he or she is a member; and

(3) If the membership determined pursuant to subparagraphs (1) and (2) is less than six, one additional member of the board of county commissioners appointed by a majority vote of the board of county commissioners and, if applicable, additional members of the governing bodies of incorporated cities in the county, each of whom must be appointed by a majority vote of the governing body of which he or she is a member, until six members have been appointed. If the membership determined pursuant to this paragraph would result in an unequal number of representatives among the incorporated cities, the membership of the incorporated cities on the oversight panel must be rotated and the board of county commissioners shall draw lots to determine which city or cities will be first represented, which next, and so on.

(b) Five members appointed by the board of trustees of the county school district to be determined as follows:

(1) One member who has experience in structural or civil engineering;

(2) One member who has experience in matters relating to the construction of public works projects;

(3) One member who has experience in the financing or estimation of the cost of construction projects;

(4) One member who is a representative of the gaming industry; and

(5) One member who is a representative of the general public who has an interest in education.

1. After the initial terms, the term of each member of the oversight panel is 2 years. Members of the oversight panel are eligible for reappointment.

2. The oversight panel for school facilities may meet at the call of the chair of the oversight panel, but is not required to hold meetings except for the purposes of carrying out its duties pursuant to subsection 4 of NRS 350.020

and NRS 393.097 and, if applicable, for the purposes of carrying out expanded duties pursuant to NRS 393.096 , or unless directed by the board of trustees of the school district.

(Added to NRS by 1997, 2456 ; A 2013, 1488 )

NRS 396.529

NRS

396.529

Energy efficiency and renewable energy: Programs designed to improve ability of students in certain fields of study to serve renewable energy industry in this State.

To the extent money is available, the Board of Regents shall establish within the fields of science, engineering, business administration and political science within the System programs designed to improve the ability of students in those fields to serve the renewable energy industry in this State.

(Added to NRS by 2009, 1407 )

NRS 396.5446

NRS

396.5446

Waiver of not less than half of fees for veteran enrolled in certain graduate degree programs; eligibility.

1. The Board of Regents may grant a waiver of not less than half of the total registration fees and other fees for a veteran who is a bona fide resident of this State if:

(a) The veteran has completed a bachelor’s degree and is enrolled in or plans to enroll in a graduate degree program within the fields of science, technology, engineering, arts, mathematics or health science designated as a critical need occupation by the Department of Employment, Training and Rehabilitation pursuant to NRS 232.932 ; and

(b) The veteran or a third party will pay the remainder of the registration fees and other fees of the graduate degree program.

Ê For the purpose of this subsection, a scholarship or a waiver of registration fees or other fees received by the veteran for any reason other than this subsection is deemed to be a payment by a third party.

1. A veteran is eligible for a waiver pursuant to subsection 1 if the veteran maintains at least a 2.75 grade point average, on a 4.0 grading scale, each semester or the equivalent of a 2.75 grade point average if a different scale is used.

2. As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005 .

(Added to NRS by 2019, 1952 )

NRS 396.660

NRS

396.660

Purpose and applicability of

NRS 396.620

to

396.660

, inclusive.

1. The main object of NRS 396.620 to 396.660 , inclusive, as it relates to ore samples, is to aid the prospector in the discovery of new mineral deposits.

2. NRS 396.620 to 396.660 , inclusive, shall not apply in the following cases:

(a) To operating mines. The term “operating mines” as used in this subsection means those properties milling or shipping ore or being worked by hired labor.

(b) To engineers sampling mines or prospects for purposes of valuation.

(c) To so-called “control assays” to check other assayers on ore known to be of value.

[Part 4:84:1895; A 1897, 91 ; 1925, 29 ; 1931, 229 ; 1933, 147 ; 1943, 180 ; 1943 NCL § 7757]

Agricultural Extension

NRS 396.816

NRS

396.816

“Cost of any project” defined.

“Cost of any project,” or any phrase of similar import, means all or any part designated by the Board of the cost of any project, or interest therein, which cost at the option of the Board may include all or any part of the incidental costs pertaining to the project, including, without limitation:

1. Preliminary expenses advanced by the University or the Board from funds available for use therefor, or advanced by this state, the Federal Government, or from any other source, with the approval of the Board, or any combination thereof;

2. The costs in the making of surveys, audits, preliminary plans, other plans, specifications, estimates of costs and other preliminaries;

3. The costs of premiums on builders’ risk insurance and performance bonds, or a reasonably allocable share thereof;

4. The costs of appraising, printing, estimates, advice, services of engineers, architects, financial consultants, attorneys at law, clerical help, or other agents or employees;

5. The costs of making, publishing, posting, mailing and otherwise giving any notice in connection with a project, the filing or recordation of instruments, the taking of options, the issuance of bonds and other securities, and bank fees and expenses;

6. The costs of contingencies;

7. The costs of the capitalization with proceeds of bonds or other securities issued hereunder of any operation and maintenance expenses appertaining to any facilities to be acquired as a project and of any interest on bonds or other securities for any period not exceeding the period estimated by the Board to effect the project plus 1 year, of any discount on bonds or other securities, and of any reserves for the payment of the principal of and interest on the bonds or other securities, of any replacement expenses, and of any other cost of issuance of the bonds or other securities;

8. The costs of amending any resolution or other instrument authorizing the issuance of or otherwise appertaining to outstanding bonds or other securities of the University or the Board;

9. The costs of funding any medium-term obligations, construction loans and other temporary loans of not exceeding 5 years appertaining to a project and of the incidental expenses incurred in connection with such loans; and

10. All other expenses necessary or desirable and appertaining to a project, as estimated or otherwise ascertained by the Board.

(Added to NRS by 1967, 3 ; A 1975, 872 ; 1997, 558 )

NRS 396.860

NRS

396.860

Employment of legal and other expert services; contracts for sale and other purposes.

1. The Board on its behalf or on the University’s behalf may employ legal, fiscal, engineering, and other expert services in connection with any project or otherwise appertaining to the University and the authorization, sale and issuance of bonds and other securities hereunder.

2. The Board on its behalf or on the University’s behalf is authorized to enter into any contracts or arrangements, not inconsistent with the provisions hereof, with respect to the sale of bonds or other securities hereunder, the employment of bond counsel, and other matters as the Board may determine to be necessary or desirable in accomplishing the purposes hereof.

(Added to NRS by 1967, 13 )

NRS 40.681

NRS

40.681

Premediation discovery.

Not later than 15 days before the commencement of mediation required pursuant to NRS 40.680 and upon providing 15 days’ notice, each party shall provide to the other party, or shall make a reasonable effort to assist the other party to obtain, all relevant reports, photos, correspondence, plans, specifications, warranties, contracts, subcontracts, work orders for repair, videotapes, technical reports, soil and other engineering reports and other documents or materials relating to the claim that are not privileged.

(Added to NRS by 2003, 2041 )

NRS 40.6884

NRS

40.6884

Attorney required to consult expert; required affidavit of attorney; required report of expert.

1. Except as otherwise provided in subsection 2, in an action governed by NRS 40.600 to 40.695 , inclusive, that is commenced against a design professional or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture, including, without limitation, an action for professional negligence, the attorney for the complainant shall file an affidavit with the court concurrently with the service of the first pleading in the action stating that the attorney:

(a) Has reviewed the facts of the case;

(b) Has consulted with an expert;

(c) Reasonably believes the expert who was consulted is knowledgeable in the relevant discipline involved in the action; and

(d) Has concluded on the basis of the attorney’s review and the consultation with the expert that the action has a reasonable basis in law and fact.

1. The attorney for the complainant may file the affidavit required pursuant to subsection 1 at a later time if the attorney could not consult with an expert and prepare the affidavit before filing the action without causing the action to be impaired or barred by the statute of limitations or repose, or other limitations prescribed by law. If the attorney must submit the affidavit late, the attorney shall file an affidavit concurrently with the service of the first pleading in the action stating the attorney’s reason for failing to comply with subsection 1 and the attorney shall consult with an expert and file the affidavit required pursuant to subsection 1 not later than 45 days after filing the action.

2. In addition to the statement included in the affidavit pursuant to subsection 1, a report must be attached to the affidavit. Except as otherwise provided in subsection 4, the report must be prepared by the expert consulted by the attorney and include, without limitation:

(a) The resume of the expert;

(b) A statement that the expert is experienced in each discipline which is the subject of the report;

(c) A copy of each nonprivileged document reviewed by the expert in preparing the expert’s report, including, without limitation, each record, report and related document that the expert has determined is relevant to the allegations of negligent conduct that are the basis for the action;

(d) The conclusions of the expert and the basis for the conclusions; and

(e) A statement that the expert has concluded that there is a reasonable basis for filing the action.

1. In an action brought by a claimant in which an affidavit is required to be filed pursuant to subsection 1:

(a) The report required pursuant to subsection 3 is not required to include the information set forth in paragraphs (c) and (d) of subsection 3 if the claimant or the claimant’s attorney files an affidavit, at the time that the affidavit is filed pursuant to subsection 1, stating that the claimant or the claimant’s attorney made reasonable efforts to obtain the nonprivileged documents described in paragraph (c) of subsection 3, but was unable to obtain such documents before filing the action;

(b) The claimant or the claimant’s attorney shall amend the report required pursuant to subsection 3 to include any documents and information required pursuant to paragraph (c) or (d) of subsection 3 as soon as reasonably practicable after receiving the document or information; and

(c) The court may dismiss the action if the claimant and the claimant’s attorney fail to comply with the requirements of paragraph (b).

1. An expert consulted by an attorney to prepare an affidavit pursuant to this section must not be a party to the action.

2. As used in this section, “expert” means a person who is licensed in a state to engage in the practice of professional engineering, land surveying, architecture or landscape architecture.

(Added to NRS by 2001 Special Session, 66 )

NRS 40.6885

NRS

40.6885

Effect of compliance with or failure to comply with

NRS 40.6884

.

1. The court shall dismiss an action governed by NRS 40.600 to 40.695 , inclusive, that is commenced against a design professional or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture, including, without limitation, an action for professional negligence, if the attorney for the complainant fails to:

(a) File an affidavit required pursuant to NRS 40.6884 ;

(b) File a report required pursuant to subsection 3 of NRS 40.6884 ; or

(c) Name the expert consulted in the affidavit required pursuant to subsection 1 of NRS 40.6884 .

1. The fact that an attorney for a complainant has complied or failed to comply with the provisions of NRS 40.6884 is admissible in the action.

(Added to NRS by 2001 Special Session, 67 )

Miscellaneous Provisions

NRS 408.106

NRS

408.106

Creation; Board of Directors.

1. There is hereby created a Department of Transportation, administered by a seven-member Board of Directors consisting of the Governor, the Lieutenant Governor, and the State Controller, who serve ex officio, and four members who are appointed by the Governor. If one of the three constitutional offices is vacant, the Secretary of State shall serve ex officio on the Board until the vacancy is filled.

2. The Governor shall appoint as members of the Board four persons who are residents of Nevada, informed on and interested in the construction and maintenance of highways and other matters relating to transportation. The members so appointed must be residents of Nevada as follows:

(a) Two members who must reside in a highway district that includes a county whose population is 700,000 or more;

(b) One member who must reside in a highway district that includes a county whose population is 100,000 or more but less than 700,000; and

(c) One member who must reside in a highway district that does not include a county whose population is 100,000 or more.

1. All the members appointed pursuant to subsection 2 must be informed on and interested in the construction and maintenance of highways and other matters relating to transportation, and must possess at least one of the following qualifications:

(a) Knowledge of engineering evidenced by the possession of a bachelor of science degree in civil or structural engineering and licensure in this State as a professional engineer.

(b) Demonstrated expertise in financial matters and business administration.

(c) Demonstrated expertise in the business of construction evidenced by the possession of a license as a general contractor and experience as a principal officer of a firm licensed in this State.

Ê The Governor shall not appoint to the Board any person who is currently employed in the field of or has a substantial financial interest in the construction or maintenance of highways in this State.

1. The Governor shall serve as the Chair of the Board and the members of the Board shall elect annually a Vice Chair.

2. Each member of the Board who is not a public officer is entitled to receive as compensation $80 for each day or portion of a day during which the member attends a meeting of the Board or is otherwise engaged in the business of the Board plus the per diem allowance and travel expenses provided for state officers and employees generally.

3. After the initial terms, the appointed members of the Board shall serve terms of 4 years.

4. As used in this section, “highway district” means a portion of this State designated by the Board as a highway district for the purposes of carrying out the duties of the Board.

(Added to NRS by 1989, 1296 ; A 2013, 3098 )

NRS 408.111

NRS

408.111

Composition; heads of divisions.

1. The Department consists of a Director, three Deputy Directors, a Chief Engineer and the following:

(a) Administrative Division.

(b) Operations Division.

(c) Engineering Division.

(d) Planning Division.

1. The head of a Division is an assistant director. Assistant directors are in the unclassified service of the State.

(Added to NRS by 1979, 1782 ; A 1983, 1662 ; 2003, 2520 ; 2013, 2629 ; 2017, 2632 , 4137 ;

2021, 3816 ; 2023, 2825 )

NRS 408.175

NRS

408.175

Employment of Deputy Directors and other personnel; restrictions on other employment of Deputy Directors.

1. The Director shall:

(a) Appoint one Deputy Director who in the absence, inability or failure of the Director has full authority to perform any duty required or permitted by law to be performed by the Director.

(b) Appoint one Deputy Director for southern Nevada whose principal office must be located in an urban area in southern Nevada.

(c) Appoint one Deputy Director with full authority to perform any duty required or allowed by law to be performed by the Director to implement, manage, oversee and enforce any environmental program of the Department.

(d) Employ such engineers, engineering and technical assistants, clerks and other personnel as in the Director’s judgment may be necessary to the proper conduct of the Department and to carry out the provisions of this chapter.

1. Except as otherwise provided in NRS 284.143 , the Deputy Directors shall devote their entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.

2. The Director may delegate such authority as may be necessary for the Deputy Director appointed pursuant to paragraph (b) of subsection 1 to carry out his or her duties.

(Added to NRS by 1967, 667 ; A 1963, 975 ; 1967, 1497 ; 1969, 707 ; 1971, 166 , 1435 ;

1979, 1764 ; 1985, 420 ; 1997, 618 ; 2003, 2521 ; 2015, 2137 , 2138 ;

2017, 4138 ; 2021, 3816 ; 2023, 2826 )

NRS 408.178

NRS

408.178

Qualifications and classifications of Deputy Directors and Chief Engineer.

1. Each Deputy Director:

(a) Is in the unclassified service of the State.

(b) Must hold a master’s degree in public or business administration, hold the degree of bachelor of science in civil, structural, mechanical or industrial engineering, or be a licensed professional engineer.

(c) Must have at least:

(1) Two years of administrative experience as an assistant director or the Chief Engineer; or

(2) Fifteen years of progressively responsible experience in engineering or project management.

1. The Chief Engineer:

(a) Is in the unclassified service of the State.

(b) Must be a licensed professional engineer.

(c) Except as otherwise provided in subsection 3, must have at least 3 years of experience as the final engineering authority for a state’s agency which has duties similar to those of the Department.

1. If the Director or the Deputy Director appointed pursuant to paragraph (a) of subsection 1 of NRS 408.175 is a licensed professional engineer, he or she may also act as the Department’s Chief Engineer.

(Added to NRS by 1979, 1782 ; A 1983, 1662 ; 1997, 1068 ; 2003, 2521 ; 2021, 32 )

NRS 408.250

NRS

408.250

Federal acts: State highways; contracts; pledge to match federal money.

1. The Department is authorized:

(a) To enter into all contracts and agreements with the United States Government relating to the engineering, planning, surveying and preparing of plans, acquiring of property, constructing and maintaining of highways under the provisions of the Acts of Congress described in NRS 408.245 , and the rules and regulations promulgated thereunder by the Secretary of Commerce and the Federal Highway Administrator.

(b) To submit such schemes, plans and programs of construction and maintenance as may be required by the Secretary of Commerce and the Federal Highway Administrator.

(c) To do all other things necessary to carry out the cooperation and programs contemplated and provided for by such federal acts.

1. For the engineering, planning, constructing and improving of highways and roads provided under the Federal Aid Road Act, the good faith of the State is hereby pledged to make funds available sufficient to match in the proportion designated in the Federal Aid Road Act the sums of money apportioned to the State by or under the United States Government, and to maintain at its own expense the highways so constructed with the aid of funds so designated, and to make adequate provisions for carrying out such maintenance.

(Added to NRS by 1957, 671 ; A 1965, 1075 )

NRS 408.255

NRS

408.255

Federal acts: Secondary and feeder highways; contracts; pledge to match federal money.

1. The Department is authorized:

(a) To enter into all contracts and agreements with the United States Government relating to the engineering, planning, surveying, preparing of plans, acquiring of property, constructing and maintaining of secondary and feeder highways and roads.

(b) To submit such schemes, plans and programs of construction and maintenance as may be required by the Secretary of Commerce and the Federal Highway Administrator.

(c) To do all other things necessary to carry out the cooperation and programs contemplated and provided for by such federal acts in the construction and maintenance of such secondary and feeder highways and roads, including farm-to-market, mine-to-market, rural free delivery, public school bus and other rural roads.

1. For the engineering, planning, constructing and improving of such secondary and feeder highways and roads under the Acts of Congress described in NRS 408.245 , the good faith of the State is hereby pledged to make available funds sufficient to match, in the proportion designated in such acts, the sums of money apportioned to the State by or under the United States Government and to maintain at its own expense the highways and roads so constructed with the aid of funds so designated and make adequate provisions for carrying out such maintenance.

(Added to NRS by 1957, 671 ; A 1965, 1075 )

NRS 408.265

NRS

408.265

Federal money deposited in State Highway Fund.

Except as otherwise provided in NRS 226.700 to 226.832 , inclusive, all money received from the Government of the United States and by virtue of the provisions of any Act of Congress for the engineering, planning, surveying, acquiring of property, constructing, reconstructing or improving of any highway in the State must be put into the State Treasury and become a part of the State Highway Fund and that Fund must not be used for any other purpose.

(Added to NRS by 1957, 672 ; A 1967, 1742 ; 1985, 704 ; 2017, 4139 ; 2021, 3816 )

NRS 408.270

NRS

408.270

Vouchers for payment; temporary transfer of money from State General Fund to State Highway Fund.

1. At least once each month the Director shall file with the State Controller a certificate showing the number and amount of vouchers filed with the division engineer of the Federal Highway Administration having jurisdiction over highway construction in the State of Nevada, for payment out of the apportionment made to the state under appropriations made by Congress for aid to the various states for highway purposes.

2. Whenever claims payable out of the State Highway Fund and properly approved by the State Board of Examiners exceed the amount that is available in the State Highway Fund, the State Controller may transfer temporarily from the State General Fund to the State Highway Fund such amount as may be required to pay the claims, but not more than 50 percent of the amount collectible from the Government of the United States as shown by the vouchers mentioned in subsection 1.

(Added to NRS by 1957, 672 ; A 1965, 1076 ; 1979, 1769 ; 1987, 717 )

NRS 408.319

NRS

408.319

Report of projects for construction and maintenance: Preparation; contents; revision; public inspection.

1. The Department shall prepare and make available for public inspection a report of its projects for the construction and maintenance of highways. The report must include:

(a) A description of the Department’s work in progress and its proposed projects;

(b) The cost of each project, including the anticipated cost for:

(1) The acquisition of rights-of-way;

(2) Design and engineering; and

(3) Construction; and

(c) The estimated starting dates for each project and the components of each project.

1. The report must be revised every 6 months to indicate any change in the cost of a project or the component of a project, and any change in the starting or completion date of a project.

2. The Department shall make the report available for public inspection at its office during normal business hours.

(Added to NRS by 1991, 1904 )

NRS 408.3195

NRS

408.3195

Written analysis of costs and benefits of proposed highway projects: Contents; availability to Board and public.

1. Before the Department submits a proposal for a highway project to the Board for approval, the Department shall prepare a written analysis of the costs and benefits of the project. The analysis must state, for each highway district in which the project is proposed:

(a) The limits of the project;

(b) The period of analysis;

(c) The discount rate used in the analysis;

(d) The initial costs of the Department for the project, including any costs for design, engineering, the acquisition of land and construction;

(e) The future costs of the Department to preserve and maintain the project, discounted to present value;

(f) Any other costs of the Department for any other construction or any mitigation associated with the project;

(g) The costs to highway users for any loss of safety, delays in the time of travel and costs for the operation of vehicles that are associated with the project;

(h) The costs of any environmental impacts, including vehicle emissions and noise, that are associated with the project; and

(i) The value of the benefits of the project, including the value of any:

(1) Savings in the time of travel;

(2) Improvements to safety; and

(3) Savings in the cost of operating vehicles.

1. The analysis required by this section:

(a) Must include a discussion of any additional increases in costs that would result from any delays in the performance of any routine maintenance scheduled under the maintenance program of the Department;

(b) May include a discussion of:

(1) The costs of the project for any other persons and governmental agencies;

(2) The value of any other social, economic or environmental benefits or costs of the project; and

(3) Any costs or benefits which may result from the use of any alternative design, construction or financing practices; and

(c) Must be prepared in a format that allows for the comparison of proposed highway projects.

1. The analysis required by this section must be made available to the Board and the public when the agenda is posted for the meeting at which the proposal will be submitted to the Board for its approval.

2. As used in this section, “highway project” means a project that is expected to increase the capacity of the state highway system and cost at least $25 million.

(Added to NRS by 2007, 1590 )

NRS 408.3877

NRS

408.3877

“Design-build team” defined.

“Design-build team” means an entity that consists of:

1. At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and

2. At least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or is licensed as a professional engineer pursuant to chapter 625 of NRS.

(Added to NRS by 1999, 3483 ; A 2001, 2022 ; 2003, 119 )

NRS 408.3883

NRS

408.3883

Request for preliminary proposals: Advertisement by Department; publication; information available for inspection by design-build teams.

1. The Department shall advertise for preliminary proposals for the design and construction of a project by a design-build team in a newspaper of general circulation in this State.

2. A request for preliminary proposals published pursuant to subsection 1 must include, without limitation:

(a) A description of the proposed project;

(b) Separate estimates of the costs of designing and constructing the project;

(c) The dates on which it is anticipated that the separate phases of the design and construction of the project will begin and end;

(d) The date by which preliminary proposals must be submitted to the Department, which must not be less than 30 days after the date that the request for preliminary proposals is first published in a newspaper pursuant to subsection 1; and

(e) A statement setting forth the place and time in which a design-build team desiring to submit a proposal for the project may obtain the information necessary to submit a proposal, including, without limitation, the information set forth in subsection 3.

1. The Department shall maintain at the time and place set forth in the request for preliminary proposals the following information for inspection by a design-build team desiring to submit a proposal for the project:

(a) The extent to which designs must be completed for both preliminary and final proposals and any other requirements for the design and construction of the project that the Department determines to be necessary;

(b) A list of the requirements set forth in NRS 408.3884 ;

(c) A list of the factors that the Department will use to evaluate design-build teams who submit a proposal for the project, including, without limitation:

(1) The relative weight to be assigned to each factor pursuant to NRS 408.3886 ; and

(2) A disclosure of whether the factors that are not related to cost are, when considered as a group, more or less important in the process of evaluation than the factor of cost;

(d) Notice that a design-build team desiring to submit a proposal for the project must include with its proposal the information used by the Department to determine finalists among the design-build teams submitting proposals pursuant to subsection 2 of NRS 408.3885 and a description of that information;

(e) A statement that a design-build team whose prime contractor holds a certificate of eligibility to receive a preference in bidding on public works issued pursuant to NRS 338.1389 or 338.147 and whose members who hold a certificate of registration to practice architecture or a license as a professional engineer and who hold a certificate of eligibility to receive a preference when competing for public works issued pursuant to NRS 338.173 should submit with its proposal a copy of each certificate of eligibility and a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117 ; and

(f) A statement as to whether a design-build team that is selected as a finalist pursuant to NRS 408.3885 but is not awarded the design-build contract pursuant to NRS 408.3886 will be partially reimbursed for the cost of preparing a final proposal or best and final offer, or both, and, if so, an estimate of the amount of the partial reimbursement.

(Added to NRS by 1999, 3484 ; A 2001, 252 , 2019 ,

2022 ;

2003, 119 , 2522 ;

2011, 53 , 3704 )

NRS 408.3885

NRS

408.3885

Procedure for selecting finalists from among design-build teams that submitted preliminary proposals.

1. The Department shall select at least three but not more than five finalists from among the design-build teams that submitted preliminary proposals. If the Department does not receive at least three preliminary proposals from design-build teams that the Department determines to be qualified pursuant to this section and NRS 408.3884 , the Department may not contract with a design-build team for the design and construction of the project.

2. The Department shall select finalists pursuant to subsection 1 by:

(a) Verifying that each design-build team which submitted a preliminary proposal satisfies the requirements of NRS 408.3884 ;

(b) Conducting an evaluation of the qualifications of each design-build team that submitted a preliminary proposal, including, without limitation, an evaluation of:

(1) The professional qualifications and experience of the members of the design-build team;

(2) The performance history of the members of the design-build team concerning other recent, similar projects completed by those members, if any;

(3) The safety programs established and the safety records accumulated by the members of the design-build team;

(4) The proposed plan of the design-build team to manage the design and construction of the project that sets forth in detail the ability of the design-build team to design and construct the project; and

(5) The degree to which the preliminary proposal is responsive to the requirements of the Department for the submittal of a preliminary proposal; and

(c) Except as otherwise provided in this paragraph, assigning, without limitation, a relative weight of 5 percent to the possession of both a certificate of eligibility to receive a preference in bidding on public works by the prime contractor on the design-build team and a certificate of eligibility to receive a preference when competing for public works by all persons who hold a certificate of registration to practice architecture or a license as a professional engineer on the design-build team. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this paragraph relating to a preference in bidding on public works or a preference when competing for public works, those provisions of this paragraph do not apply insofar as their application would preclude or reduce federal assistance for that public work.

1. After the selection of finalists pursuant to this section, the Department shall make available to the public the results of the evaluations of preliminary proposals conducted pursuant to paragraph (b) of subsection 2 and identify which of the finalists, if any, received an assignment of 5 percent pursuant to paragraph (c) of subsection 2.

(Added to NRS by 1999, 3485 ; A 2001, 2020 , 2022 ;

2003, 119 ; 2011, 3705 )

NRS 408.3886

NRS

408.3886

Requests for final proposals and best and final offers: Selection or rejection of proposal or offer; contents of contract between Department and design-build team; applicability of prevailing wage requirements to projects; duties of design-build team.

1. After selecting the finalists pursuant to NRS 408.3885 , the Department shall provide to each finalist a request for final proposals for the project. The request for final proposals must:

(a) Set forth the factors that the Department will use to select a design-build team to design and construct the project, including the relative weight to be assigned to each factor; and

(b) Set forth the date by which final proposals must be submitted to the Department.

1. Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a design-build team pursuant to subsection 1, the Department shall assign, without limitation, a relative weight of 5 percent to the design-build team’s possession of both a certificate of eligibility to receive a preference in bidding on public works by the prime contractor on the design-build team, if the design-build team submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117 , and a certificate of eligibility to receive a preference when competing for public works by all persons who hold a certificate of registration to practice architecture or a license as a professional engineer on the design-build team, and a relative weight of at least 30 percent for the proposed cost of design and construction of the project. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular project because of the provisions of this subsection relating to a preference in bidding on public works or a preference when competing for public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that project.

2. A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly, be responsive to the criteria that the Department will use to select a design-build team to design and construct the project described in subsection 1 and comply with the provisions of NRS 338.141 .

3. After receiving the final proposals for the project, the Department shall:

(a) Select the most cost-effective and responsive final proposal, using the criteria set forth pursuant to subsections 1 and 2;

(b) Reject all the final proposals; or

(c) Request best and final offers from all finalists in accordance with subsection 5.

1. If the Department determines that no final proposal received is cost-effective or responsive and the Department further determines that requesting best and final offers pursuant to this subsection will likely result in the submission of a satisfactory offer, the Department may prepare and provide to each finalist a request for best and final offers for the project. In conjunction with preparing a request for best and final offers pursuant to this subsection, the Department may alter the scope of the project, revise the estimates of the costs of designing and constructing the project, and revise the selection factors and relative weights described in paragraph (a) of subsection 1. A request for best and final offers prepared pursuant to this subsection must set forth the date by which best and final offers must be submitted to the Department. After receiving the best and final offers, the Department shall:

(a) Select the most cost-effective and responsive best and final offer, using the criteria set forth in the request for best and final offers; or

(b) Reject all the best and final offers.

1. If the Department selects a final proposal pursuant to paragraph (a) of subsection 4 or selects a best and final offer pursuant to paragraph (a) of subsection 5, the Department shall hold a public meeting to:

(a) Review and ratify the selection.

(b) Partially reimburse the unsuccessful finalists if partial reimbursement was provided for in the request for preliminary proposals pursuant to paragraph (f) of subsection 3 of NRS 408.3883 . The amount of reimbursement must not exceed, for each unsuccessful finalist, 3 percent of the total amount to be paid to the design-build team as set forth in the design-build contract.

(c) Make available to the public a summary setting forth the factors used by the Department to select the successful design-build team and the ranking of the design-build teams who submitted final proposals and, if applicable, best and final offers. The Department shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.

1. A contract awarded pursuant to this section:

(a) Must comply with the provisions of NRS 338.013 to 338.090 , inclusive; and

(b) Must specify:

(1) An amount that is the maximum amount that the Department will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences as authorized by the contract;

(2) An amount that is the maximum amount that the Department will pay for the performance of the professional services required by the contract; and

(3) A date by which performance of the work required by the contract must be completed.

1. The Department, the design-build team, any contractor who is awarded a contract or enters into an agreement to perform work on the project, and any subcontractor who performs work on the project shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if the Department had undertaken the project or had awarded the contract.

2. A design-build team to whom a contract is awarded pursuant to this section shall:

(a) Assume overall responsibility for ensuring that the design and construction of the project is completed in a satisfactory manner; and

(b) Use the workforce of the prime contractor on the design-build team to construct at least 15 percent of the project.

(Added to NRS by 1999, 3485 ; A 2001, 252 , 2020 ,

2022 ;

2003, 119 , 2032 ,

2523 ;

2011, 54 , 3706 ;

2019, 716 )

NRS 408.3887

NRS

408.3887

Employment of architect or engineer as consultant during construction.

The Department may employ a registered architect or licensed professional engineer as a consultant to assist the Department in overseeing the construction of a project. An architect or engineer so employed shall not:

1. Construct, reconstruct or improve the highway; or

2. Assume overall responsibility for ensuring that the construction of the project is completed in a satisfactory manner.

(Added to NRS by 1999, 3487 ; A 2001, 2022 ; 2003, 119 )

NRS 408.5475

NRS

408.5475

Submission of request to Department; contents of request.

1. A person may submit a request to the Department to develop, construct, improve, maintain or operate, or any combination thereof, a transportation facility.

2. The request must be accompanied by the following information:

(a) A topographic map indicating the location of the transportation facility.

(b) A description of the transportation facility, including, without limitation, the conceptual design of the transportation facility and all proposed interconnections with other transportation facilities.

(c) The projected total cost of the transportation facility over its life and the proposed date for the development of or the commencement of the construction of, or improvements to, the transportation facility.

(d) A statement setting forth the method by which the person submitting the request proposes to secure all property interests required for the transportation facility. The statement must include, without limitation:

(1) The names and addresses, if known, of the current owners of any property needed for the transportation facility;

(2) The nature of the property interests to be acquired; and

(3) Any property that the person submitting the request proposes that the Department condemn.

(e) Information relating to the current transportation plans, if any, of any governmental entity in the jurisdiction of which any portion of the transportation facility is located.

(f) A list of all permits and approvals required for the development or construction of or improvement to the transportation facility from local, state or federal agencies and a projected schedule for obtaining those permits and approvals.

(g) A list of the facilities of any utility or existing transportation facility that will be crossed by the transportation facility and a statement of the plans of the person submitting the request to accommodate such crossings.

(h) A statement setting forth the general plans of the person submitting the request for financing and operating the transportation facility, which must include, without limitation:

(1) A plan for the development, financing and operation of the transportation facility, including, without limitation, an indication of the proposed sources of money for the development and operation of the transportation facility, the anticipated use of such money and the anticipated schedule for the receipt of such money;

(2) A list of any assumptions made by the person about the anticipated use of the transportation facility, including, without limitation, the fees that will be charged for the use of the transportation facility, and a discussion of those assumptions;

(3) The identification of any risk factors identified by the person submitting the request that are associated with developing, constructing or improving the transportation facility and the plan for addressing those risk factors;

(4) The identification of any local, state or federal resources that the person anticipates requesting for development and operation of the transportation facility, including, without limitation, an anticipated schedule for the receipt of those resources and the effect of those resources on any statewide or regional program for the improvement of transportation; and

(5) The identification and analysis of any costs or benefits associated with the proposed facility, performed by a professional engineer who is licensed pursuant to chapter 625 of NRS.

(i) The names and addresses of the persons who may be contacted for further information concerning the request.

(j) Any additional material and information that the Department may request.

(Added to NRS by 2003, 2028 )

NRS 408.5483

NRS

408.5483

Approval of request or proposal: Determination of public purpose; staff reports; copy of request or proposal to be furnished to affected governmental entities; fee; approval contingent on entering agreement with Department; establishment of date for development of or commencement of construction of transportation facility.

1. The Department may approve a request or proposal submitted pursuant to NRS 408.5475

or 408.548 if the Department determines that the transportation facility serves a public purpose. In determining whether the transportation facility serves a public purpose, the Department shall consider whether:

(a) There is a public need for the type of transportation facility that is proposed;

(b) The proposed interconnections between the transportation facility and existing transportation facilities and the plans of the person submitting the request for the operation of the transportation facility are reasonable and compatible with any statewide or regional program for the improvement of transportation and with the transportation plans of any other governmental entity in the jurisdiction of which any portion of the transportation facility will be located;

(c) The estimated cost of the transportation facility is reasonable in relation to similar transportation facilities, as determined by an analysis of the cost performed by a professional engineer who is licensed pursuant to chapter 625 of NRS;

(d) The plans of the person submitting the request will result in the timely development or construction of or improvement to the transportation facility or its more efficient operation;

(e) The plans of the person submitting the request contain any penalties for the failure of the person submitting the request to meet any deadline which results in the untimely development or construction of or improvement to the transportation facility or failure to meet any deadline for its more efficient operation; and

(f) The long-term quality of the transportation facility will meet a level of performance established by the Department over a sufficient duration of time to provide real value to the public.

1. In evaluating a request or proposal submitted pursuant to NRS 408.5475 or 408.548 , the Department may consider internal staff reports prepared by personnel of the Department who are familiar with the operation of similar transportation facilities or the advice of outside advisors or consultants with relevant experience.

2. The Department shall request that a person who submitted a request or proposal pursuant to NRS 408.5475 or 408.548 furnish a copy of the request or proposal to each governmental entity that has jurisdiction over an area in which any part of the transportation facility is located. Within 30 days after receipt of such a request or proposal, the governmental entity shall submit in writing to the Department, for consideration by the Department, any comments that the governmental entity has concerning the transportation facility and shall indicate whether the transportation facility is compatible with any local, regional or statewide transportation plan or program that is applicable to the governmental entity.

3. The Department shall charge a reasonable fee to cover the costs of processing, reviewing and evaluating a request or proposal submitted pursuant to NRS 408.5475 or 408.548 , including, without limitation, reasonable fees for the services of an attorney or a financial or other consultant or advisor, to be collected before the Department accepts the request or proposal for processing, review and evaluation.

4. The approval of a request or proposal by the Department is contingent on the person who submitted the request or proposal entering into an agreement with the Department. In such an agreement, the Department shall include, without limitation:

(a) Criteria that address the long-term quality of the transportation facility.

(b) The date of termination of the authority and duties pursuant to NRS 408.5471 to 408.549 , inclusive, of the person whose request or proposal was approved by the Department with respect to the transportation facility and for the dedication of the transportation facility to the Department on that date.

(c) Provision for the imposition by the person whose request or proposal was approved by the Department of such rates, fees or other charges as may be established from time to time by agreement of the parties for use of all or a portion of a transportation facility, other than a bridge or road.

1. In connection with the approval of a transportation facility, the Department shall establish a date for the development of or the commencement of the construction of, or improvements to, the transportation facility. The Department may extend the date from time to time.

(Added to NRS by 2003, 2030 )

NRS 41.0393

NRS

41.0393

Grounds for award; application; eligibility; receipt of evidence and testimony; payment of award; payment of interest following unsuccessful appeal; definitions.

1. A court may, in a criminal action, award to a prevailing party, other than the State, reasonable attorney’s fees and litigation expenses incurred by the party in the criminal action if the court finds that the position of the State was vexatious, frivolous or in bad faith.

2. A prevailing party that wishes to obtain an award pursuant to this section must, within 30 days after final judgment in the criminal action, submit to the court an application for attorney’s fees and litigation expenses. The application must include, without limitation:

(a) A showing that the party is:

(1) A prevailing party; and

(2) Eligible to receive an award as set forth in subsection 3;

(b) An allegation that the position of the State in the criminal action was vexatious, frivolous or in bad faith; and

(c) A statement of the amount sought, accompanied by an itemized statement from any attorney, expert witness or other person that represented or appeared in the criminal action on behalf of the party that states the actual time expended and the rate at which fees and other expenses were computed.

1. A prevailing party is not eligible for an award pursuant to subsection 1 if he or she was represented by a county or state public defender or by other appointed counsel whose expenses were paid by the public.

2. To determine whether or not to award attorney’s fees and litigation expenses under this section, the court, for good cause shown, may receive evidence and testimony ex parte and in camera. Such evidence and testimony may include, without limitation, evidence and testimony that reveals or might reveal confidential information, the identity of an informant or undercover agent or matters occurring before a grand jury. Evidence or testimony so received must be kept under seal.

3. Attorney’s fees and litigation expenses awarded pursuant to this section must be paid by the department, division, board, bureau, commission or other agency or political subdivision of the State over which the party prevailed. The award must be paid in the same manner as other claims against the department, division, board, bureau, commission or other agency or political subdivision are paid.

4. If the State appeals an award of attorney’s fees or litigation expenses made pursuant to this section and the award is affirmed in whole or in part, interest must be paid on the amount of the award as affirmed. The interest must:

(a) Be computed at the rate most recently established pursuant to NRS 99.040 ; and

(b) Run from the date of the award through the day before the date on which the award is affirmed.

1. For the purposes of this section, a party prevails over the State in a criminal action if the party:

(a) Is acquitted or obtains a dismissal with prejudice of all or substantially all charges brought against the party in the criminal action; or

(b) Obtains a dismissal without prejudice of all or substantially all charges brought against the party in the criminal action or a mistrial, so long as it is not the result of circumstances attributable to the party, but only if the court finds it unlikely that a new criminal action will be brought against the party with respect to those charges.

1. As used in this section:

(a) “Court” means a district court or justice court.

(b) “Final judgment” means a judgment from which no appeal may be taken or for which the time for taking an appeal has expired.

(c) “Litigation expenses” includes, without limitation, the reasonable expenses of expert witnesses and the reasonable cost of any study, analysis, engineering report, test or project which is found by the court to be necessary for the preparation of the prevailing party’s criminal action.

(d) “State” means the State of Nevada and any department, division, board, bureau, commission or other agency or political subdivision of the State or an officer or employee thereof acting in his or her official capacity.

(Added to NRS by 2015, 538 )

ACTION AGAINST STATE OR POLITICAL SUBDIVISION IN CONNECTION WITH CONFISCATION OF FIREARM

NRS 414.320

NRS

414.320

Training and certification of first response broadcasters; requirements for training programs; state and local governmental agencies required to allow first response broadcasters access to areas affected by emergency or disaster for certain purposes.

1. The Nevada Broadcasters Association or its successor organization, the Nevada State Cable Telecommunications Association or its successor organization, any member of the Nevada State Cable Telecommunications Association or its successor organization and any other provider of emergency broadcasts, including, without limitation, a provider who uses emerging technologies, may establish a program for training and certifying broadcast engineers and technical personnel as first response broadcasters. Each program established pursuant to this subsection must:

(a) Be consistent with federal law and guidelines;

(b) Provide training and education concerning restoring, repairing and resupplying any facilities and equipment of a broadcaster in an area affected by an emergency or disaster; and

(c) Provide training and education concerning the personal safety of a first response broadcaster in an area affected by an emergency or disaster.

1. To the extent practicable and consistent with not endangering public safety or inhibiting recovery efforts, state and local governmental agencies shall allow a first response broadcaster access to an area affected by an emergency or disaster for the purpose of restoring, repairing or resupplying any facility or equipment critical to the ability of a broadcaster to acquire, produce and transmit essential emergency- or disaster-related public information programming, including, without limitation, repairing and maintaining transmitters and transporting fuel for generators.

(Added to NRS by 2009, 498 )

NRS 415.010

NRS

415.010

Text of Compact.

The Legislature of this State hereby ratifies a Compact on behalf of the State of Nevada with any other State legally joining therein in the form substantially as follows:

Implementation

This section authorizes the Governor to implement Public Law 104-321, Emergency Management Assistance Compact (EMAC), Articles 1 through 13, dated October 19, 1996.

Emergency Management Assistance Compact

ARTICLE I—PURPOSES AND AUTHORITIES

This Compact is made and entered into by and between the participating member States which enact this Compact, hereinafter called party States. For the purposes of this agreement, the term “States” is taken to mean the several States, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions.

The purpose of this Compact is to provide for mutual assistance between the States entering into this Compact in managing any emergency or disaster that is duly declared by the Governor of the affected State(s), whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.

This Compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party States or subdivisions of party States during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this Compact may include the use of the States’ National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between States.

ARTICLE II—GENERAL IMPLEMENTATION

Each party State entering into this Compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this Compact. Each State further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.

The prompt, full and effective utilization of resources of the participating States, including any resources on hand or available from the Federal Government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party State, shall be the underlying principle on which all articles of this Compact shall be understood.

On behalf of the Governor of each State participating in the Compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this Compact.

ARTICLE III—PARTY STATE RESPONSIBILITIES

1. It shall be the responsibility of each party State to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this Article. In formulating such plans, and in carrying them out, the party States, insofar as practical, shall:

(a) Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party States might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency or enemy attack.

(b) Review party States’ individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency.

(c) Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans.

(d) Assist in warning communities adjacent to or crossing the state boundaries.

(e) Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue and critical lifeline equipment, services and resources, both human and material.

(f) Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.

(g) Provide, to the extent authorized by law, for temporary suspension of any statutes.

1. The authorized representative of a party State may request assistance of another party State by contacting the authorized representative of that State. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within 30 days of the verbal request. Requests shall provide the following information:

(a) A description of the emergency service function for which assistance is needed, such as, but not limited to, fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.

(b) The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed.

(c) The specific place and time for staging of the assisting party’s response and a point of contact at that location.

1. There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party States with affected jurisdictions and the United States Government, with free exchange of information, plans and resource records relating to emergency capabilities.

ARTICLE IV—LIMITATIONS

Any party State requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this Compact in accordance with the terms hereof; provided that it is understood that the State rendering aid may withhold resources to the extent necessary to provide reasonable protection for such State. Each party State shall afford to the emergency forces of any party State, while operating within its state limits under the terms and conditions of this Compact, the same powers (except that of arrest unless specifically authorized by the receiving State), duties, rights and privileges as are afforded forces of the State in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the State receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the Governor of the party State that is to receive assistance or commencement of exercise or training for mutual aid and shall continue so long as the exercise or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving State(s), whichever is longer.

ARTICLE V—LICENSES AND PERMITS

Whenever any person holds a license, certificate, or other permit issued by any State party to the Compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party State, such person shall be deemed licensed, certified or permitted by the State requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the Governor of the requesting State may be prescribed by executive order or otherwise.

ARTICLE VI—LIABILITY

Officers or employees of a party State rendering aid in another State pursuant to this Compact shall be considered agents of the requesting State for tort liability and immunity purposes; and no party State or its officers or employees rendering aid in another State pursuant to this Compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this Article shall not include willful misconduct, gross negligence or recklessness.

ARTICLE VII—SUPPLEMENTARY AGREEMENTS

Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more States may differ from that among the States that are party hereto, this instrument contains elements of a broad base common to all States, and nothing herein contained shall preclude any State from entering into supplementary agreements with another State or affect any other agreements already in force between States. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.

ARTICLE VIII—COMPENSATION

Each party State shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that State and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this Compact, in the same manner and on the same terms as if the injury or death were sustained within their own State.

ARTICLE IX—REIMBURSEMENT

Any party State rendering aid in another State pursuant to this Compact shall be reimbursed by the party State receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party State may assume in whole or in part such loss, damage, expense or other cost, or may loan such equipment or donate such services to the receiving party State without charge or cost; and provided further, that any two or more party States may enter into supplementary agreements establishing a different allocation of costs among those States. Article VIII expenses shall not be reimbursable under this provision.

ARTICLE X—EVACUATION

Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party States and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the State from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies and all other relevant factors. Such plans shall provide that the party State receiving evacuees and the party State from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party State from which the evacuees come. After the termination of the emergency or disaster, the party State from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.

ARTICLE XI—IMPLEMENTATION

1. This Compact shall become operative immediately upon its enactment into law by any two (2) States; thereafter, this Compact shall become effective as to any other State upon its enactment by such State.

2. Any party State may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 30 days after the Governor of the withdrawing State has given notice in writing of such withdrawal to the Governors of all other party States. Such action shall not relieve the withdrawing State from obligations assumed hereunder prior to the effective date of withdrawal.

3. Duly authenticated copies of this Compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party States and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government.

ARTICLE XII—VALIDITY

This Act shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this Compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the Act and the applicability thereof to other persons and circumstances shall not be affected thereby.

ARTICLE XIII—ADDITIONAL PROVISIONS

Nothing in this Compact shall authorize or permit the use of military force by the National Guard of a State at any place outside that State in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would, in the absence of express statutory authorization, be prohibited under section 1385 of Title 18, United States Code.

(Added to NRS by 1975, 145 ; A 2005, 1559 )

NRS 439.030

NRS

439.030

State Board of Health: Creation; members; qualifications.

1. The State Board of Health, consisting of seven members appointed by the Governor, is hereby created.

2. The Governor shall appoint:

(a) Two members who are doctors of medicine who have been licensed to practice in this State and have engaged in the practice of medicine in this State for not less than 5 years immediately prior to the appointments.

(b) One member who is a doctor of dental surgery who has been licensed to practice in this State and has engaged in the practice of dentistry in this State for not less than 5 years immediately prior to the appointment.

(c) One member who is a doctor of veterinary medicine who has been licensed to practice in this State and has engaged in the practice of veterinary medicine in this State for not less than 5 years immediately preceding the appointment.

(d) One member who is a registered nurse who has been licensed by this State and has engaged in nursing for at least 5 years immediately prior to the appointment.

(e) One member who is a general engineering contractor or general building contractor who is licensed by this State.

(f) One member who is a representative of the general public.

[1:199:1911; A 1919, 221 ; 1939, 297 ; 1931 NCL § 5235]—(NRS A 1959, 92 ; 1967, 278 ; 1977, 633 )

NRS 459.0097

NRS

459.0097

Duties of Administrator of Division of Technical Programs.

The Administrator of the Division of Technical Programs shall:

1. Evaluate the:

(a) Potential effects of radioactive waste upon the physical environment;

(b) Potential health hazards from the disposal of radioactive waste; and

(c) Design of and engineering techniques involved in a facility for the disposal of radioactive waste.

1. Assure the quality of techniques and procedures used in research involving radioactive waste and of any information developed as a result of the research.

2. Analyze the geological and technical information which would affect the feasibility and safety of locating a facility for the disposal of radioactive waste in this State.

3. Perform any other duties assigned to the Administrator by the Executive Director.

(Added to NRS by 1985, 2305 )

NRS 459.890

NRS

459.890

Administrator may employ persons necessary to carry out duties.

The Administrator may employ any legal, fiscal, engineering and other expert services necessary to carry out the Administrator’s duties pursuant to NRS 459.860 to 459.892 , inclusive.

(Added to NRS by 2003, 398 )

NRS 472.040

NRS

472.040

Powers and duties; administrative supervision.

1. The State Forester Firewarden shall:

(a) Supervise or coordinate all forestry, rangeland and watershed work on state-owned and privately owned lands, including fire control, in Nevada, working with federal agencies, private associations, counties, towns, cities or private persons.

(b) Administer all fire control laws and all forestry laws in Nevada outside of townsite boundaries, and perform any other duties designated by the Director of the State Department of Conservation and Natural Resources or by state law.

(c) Assist and encourage county or local fire protection districts to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.

(d) Purchase communication equipment which can use the microwave channels of the state communications system and store this equipment in regional locations for use in emergencies.

(e) Administer money appropriated and grants awarded for fire prevention, fire control and the education of firefighters and award grants of money for those purposes to fire departments and educational institutions in this State.

(f) Determine the amount of wages that must be paid to offenders who participate in conservation camps and who perform work relating to fire fighting and other work projects of conservation camps.

(g) Cooperate with the State Fire Marshal in the enforcement of all laws and the adoption of regulations relating to the prevention of fire through the management of vegetation in this State.

(h) Ensure that any adopted regulations are consistent with those of fire protection districts created pursuant to chapter 318 or 474

of NRS.

(i) Upon the request of the State Engineer, review a plan submitted with an application for the issuance of a temporary permit pursuant to NRS 533.436 .

(j) Work collaboratively with and provide technical assistance to federal, state and local agencies and property owners to:

(1) Identify and mitigate the risks of wildfire to life, property and ecosystems;

(2) Restore and maintain landscape resiliency;

(3) Create and maintain fire-adapted communities and ignition-resistant communities; and

(4) Improve and support safe and effective responses to wildfire.

1. The State Forester Firewarden in carrying out the provisions of this chapter may:

(a) Appoint paid foresters and firewardens to enforce the provisions of the laws of this State respecting forest, rangeland and watershed management or the protection of lands from fire, subject to the approval of the board of county commissioners of each county concerned.

(b) Appoint suitable citizen-wardens. Citizen-wardens serve voluntarily except that they may receive compensation when an emergency is declared by the State Forester Firewarden.

(c) Appoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary firewardens. Voluntary firewardens are not entitled to compensation for their services.

(d) Appoint certain paid foresters or firewardens to be arson investigators.

(e) Employ, with the consent of the Director of the State Department of Conservation and Natural Resources, clerical assistance, county and district coordinators, patrol officers, firefighters, and other employees as needed, and expend such sums as may be necessarily incurred for this purpose.

(f) Purchase, or acquire by donation, supplies, material, equipment and improvements necessary for fire protection, fire prevention and forest, rangeland and watershed management, including, without limitation, cameras or other equipment necessary for the early warning or detection of wildfires.

(g) With the approval of the Director of the State Department of Conservation and Natural Resources and the State Board of Examiners, purchase or accept the donation of real property to be used for lookout sites and for other administrative, experimental or demonstration purposes. No real property may be purchased or accepted unless an examination of the title shows the property to be free from encumbrances, with title vested in the grantor. The title to the real property must be examined and approved by the Attorney General.

(h) Expend any money appropriated by the State to the Division of Forestry of the State Department of Conservation and Natural Resources for paying expenses incurred in fighting fires or in emergencies which threaten human life.

1. The State Forester Firewarden, in carrying out the powers and duties granted in this section, is subject to administrative supervision by the Director of the State Department of Conservation and Natural Resources.

[4:149:1945; A 1949, 543 ; 1955, 587 ]—(NRS A 1957, 70 , 651 ;

1959, 141 ; 1971, 2080 ; 1973, 300 ; 1977, 1144 ; 1981, 481 , 1586 ;

1985, 296 ; 1993, 2534 ; 2003, 916 ; 2005, 335 ; 2009, 2746 ; 2011, 1570 ; 2015, 2226 ; 2021, 485 , 626 ,

1365 )

MANAGEMENT OF VEGETATION

NRS 477.073

NRS

477.073

Creation; members; qualifications of members; terms of members; vacancies; officers; meetings; compensation of members; administrative support.

1. The State Board of Fire Services is hereby created. The Board consists of:

(a) The State Fire Marshal, who is a nonvoting member;

(b) The State Forester Firewarden, who is a voting member; and

(c) The following nine voting members appointed by the Governor as follows:

(1) A licensed architect;

(2) A chief, deputy chief, assistant chief or division chief of a volunteer fire department or a partially paid fire department;

(3) A chief, deputy chief, assistant chief or division chief of a full-time, paid fire department;

(4) A professional engineer;

(5) A chief officer, person of equivalent rank or any other person who is experienced in fire service training and represents a volunteer or partially paid fire department or fire district;

(6) A chief officer, person of equivalent rank or any other person who is experienced in fire service training and represents a fully paid fire department or fire district;

(7) A fire marshal, fire protection engineer or any other person who is experienced in developing or enforcing any code related to fire prevention;

(8) A firefighter who does not otherwise meet the requirements of subparagraphs (1) to (7), inclusive; and

(9) A member of the general public who has an interest in public safety and is not an employee or a volunteer of a fire department or fire district.

1. The members described in paragraph (c) of subsection 1:

(a) Must be selected by the Governor based on nominations received from fire chiefs;

(b) Shall serve for a term of 4 years; and

(c) Serve at the pleasure of the Governor.

1. Of the members described in paragraph (c) of subsection 1:

(a) At least one member must be from Clark County;

(b) At least one member must be from Washoe County; and

(c) A majority of such members must not be from one county.

1. No member other than the State Fire Marshal and the State Forester Firewarden may serve for more than two consecutive terms.

2. A vacancy in the Board must be filled for the remainder of the unexpired term in the same manner as the original appointment.

3. The Board shall select a Chair from among its members to serve for 1 year. The State Fire Marshal shall serve as the Secretary of the Board.

4. The Board shall meet at least twice each year and on the call of the Chair, the Secretary or any three members.

5. The members of the Board are entitled to receive from the State Fire Marshal Division of the Department of Public Safety the per diem allowance and travel expenses provided for state officers and employees generally for each day or portion of a day during which the member attends a meeting of the Board.

6. The State Fire Marshal Division shall provide the Board with administrative support.

(Added to NRS by 2011, 2640 )

NRS 482.3794

NRS

482.3794

Support for educational programs in science, technology, engineering and mathematics.

1. The Department, in cooperation with the Office of Science, Innovation and Technology in the Office of Governor, shall design, prepare and issue license plates that indicate support for educational programs in the areas of science, technology, engineering and mathematics, using any colors that the Department deems appropriate.

2. The Department shall issue license plates that indicate support for educational programs in the areas of science, technology, engineering and mathematics for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate support for educational programs in the areas of science, technology, engineering and mathematics if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate support for educational programs in the areas of science, technology, engineering and mathematics pursuant to subsection 3.

3. The fee for license plates that indicate support for educational programs in the areas of science, technology, engineering and mathematics is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the Department of $10.

4. In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed pursuant to subsection 3, a person who requests a set of license plates that indicate support for educational programs in the areas of science, technology, engineering and mathematics must pay for the issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be deposited in accordance with subsection 5.

5. Except as otherwise provided in NRS 482.38279 , the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Director of the Office of Science, Innovation and Technology in the Office of the Governor. The Director of the Office shall identify nonprofit corporations in this State to assist in the distribution of the funds from this section in a manner designed to encourage the study of science, technology, engineering and mathematics by pupils in this State.

6. The provisions of NRS 482.36705 do not apply to license plates described in this section.

7. If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399 ; or

(b) Within 30 days after removing the plates from the vehicle, return them to the Department.

1. The Department may accept any gifts, grants and donations or other sources of money for the production and issuance of the special license plates pursuant to this section. All money received pursuant to this subsection must be deposited in the Revolving Account for the Issuance of Special License Plates created by NRS 482.1805 .

(Added to NRS by 2019, 3084 ; A 2023, 295 )

NRS 512.120

NRS

512.120

Authority regarding employees and representatives.

The Administrator may:

1. Employ necessary clerks, technicians, specialists, engineers or consultants.

2. Authorize representatives to perform all duties required of the Administrator.

[Part 2:176:1909; A 1925, 230 ; 1945, 244 ; 1943 NCL § 4209]—(NRS A 1975, 518 ; 1981, 1531 ; 1985, 434 ; 1991, 66 )

NRS 512.131

NRS

512.131

Regulations: Adoption; copies to be furnished to operators and representatives of workers.

1. The Administrator shall adopt regulations for mine health and safety as necessary to provide safe and healthful working conditions at mines. The regulations must provide protection that is at least equal to the protection provided by the Federal Mine Safety and Health Act, 30 U.S.C. §§ 801 et seq., as amended. The Administrator may consider the following sources in adopting the regulations:

(a) Common practices of the mining industry;

(b) The American National Standards Institute;

(c) The American Society of Mechanical Engineers;

(d) The American Society for Testing and Materials International;

(e) Applicable provisions contained in the Code of Federal Regulations;

(f) The National Fire Protection Association, including, without limitation, the National Electrical Code;

(g) Any national consensus standard; and

(h) Any safety order legally adopted by the Administrator.

1. The Administrator shall forward a copy of each regulation adopted under this section to the operator of each mine and to the representative of the workers, if any, at the mine. Failure to receive a copy of the regulation does not relieve anyone of the obligation to comply with it.

(Added to NRS by 1975, 516 ; A 1977, 77 ; 1979, 85 ; 1981, 1531 ; 2007, 3310 )

NRS 513.113

NRS

513.113

Assistance from state agencies.

The Division may request assistance from the Bureau of Mines and Geology of the State of Nevada and the State Engineer and cooperate with them in carrying out the purposes of this chapter.

(Added to NRS by 1977, 1149 ; A 1983, 2070 ; 1985, 1125 ; 1993, 1685 )

NRS 514.030

NRS

514.030

Appointment of Director; employment of assistants and employees; compensation and removal.

1. The Board of Regents of the University of Nevada shall appoint as Director a competent scientist or engineer, to be known as the Director of the Bureau of Mines and Geology, who must be a:

(a) Graduate of a recognized college or university with a degree in some branch of earth science or mineral engineering; and

(b) Professional geologist with expertise in the science of geology.

1. Upon the Director’s nomination, the Board of Regents of the University of Nevada shall employ such assistants and employees as the Board deems necessary.

2. The Board of Regents of the University of Nevada may also determine the compensation of all persons employed by the Bureau of Mines and Geology and may remove them at will.

[Part 1:127:1935; 1931 NCL § 4311.01]—(NRS A 1971, 369 ; 1993, 411 ; 1997, 2978 )

NRS 514.040

NRS

514.040

Duties of Bureau.

The Bureau of Mines and Geology shall:

1. Serve as a bureau of information and exchange on Nevada mineral industry, mineral resources and geology.

2. By questionnaire, field investigations, laboratory studies or otherwise, conduct a thorough survey of the mineral resources and geology of the State.

3. Apply geologic engineering principles to problems of conservation, environment, construction, mineral industry and other scientific matters that may be of importance to the welfare of the State.

4. Make studies of mineral materials to determine the most economical and practical methods of concentrating and processing these resources and to promote their conservation.

5. Collect, in collaboration with the Mackay School of Mines, a library and bibliography of all literature pertaining to Nevada mineral industry, geology and mineral resources.

6. Collect, in collaboration with the Mackay School of Mines, typical geological and mineralogical specimens and models, drawings and descriptions of appliances used in the mineral industry and earth science. Collections of these materials may be maintained and displayed elsewhere within or without the State.

7. Provide for the dissemination of information on the mineral industry, geology and mineral resources of the State through lectures and publications.

8. Consult with, advise and assist state and local governmental agencies on geological problems of importance to the citizens of Nevada.

9. Consider such other kindred scientific and economic questions as in the judgment of the Board of Regents shall be deemed of value to the people of the State.

[2:127:1935; 1931 NCL § 4311.02]—(NRS A 1971, 369 )

NRS 517.040

NRS

517.040

Map: Specifications; filing; distribution; use of filing fee.

1. Within 90 days after posting the notice of location, the locator of a lode mining claim shall prepare two copies of a map of the claim on a scale of not less than 500 feet to the inch, which sets forth the position of the monuments in relation to each other and establishes numbers of the boundary monuments. If the land has been surveyed by the United States, the description must be connected by courses and distances to an official corner of the public land survey. If the land has not been surveyed by the United States or if official corners cannot be found through the exercise of due diligence, the description must be tied by courses and distance to a natural landmark or a readily identifiable artificial landmark which is customarily shown on a map, including, without limitation, a bench mark or the point at which two roads intersect. The description must also state the township and range, and if the lands are surveyed lands, the quarter section and section in which the landmark and the mining claim are situated. The locator is not required to employ a professional surveyor or engineer, but each locator shall prepare a map which is in accordance with the locator’s abilities to map and properly set forth the boundaries and location of the locator’s claim. The size of each sheet must be 8 1/2 by 14 inches or 24 by 36 inches. Any 8 1/2- by 14-inch sheet must be capable of being photocopied. Any 24- by 36-inch sheet must be a mylar print or other material capable of being reproduced by standard means.

2. Within 90 days after the posting of the notice of location, the locator shall file both copies of the map with the county recorder in the county in which the claim is located together with a filing fee of $15 for each claim whose boundaries and location are set forth on the map.

3. Using the proceeds of these filing fees, the county:

(a) Shall establish and maintain, in accordance with the regulations of the Division, a map of the mining claims in the county that must accurately record the location of all mining claims filed after July 1, 1971;

(b) Shall purchase and maintain the necessary equipment used in establishing, maintaining and duplicating the map; and

(c) May use any remaining money for any purpose determined by the county recorder.

Ê The map is a public record.

1. The county recorder shall not refuse to accept a map submitted by a locator unless the county recorder can affirmatively show that the map submitted does not accurately reflect the location of all the claims.

2. The county recorder shall send one copy of the locator’s map and one copy of the certificate of location to the county surveyor as soon as practicable after its receipt.

[Part 2:89:1897; A 1899, 93 ; 1901, 97 ; 1907, 418 ; RL § 2423; NCL § 4121]—(NRS A 1960, 291 ; 1961, 100 ; 1971, 2198 ; 1973, 868 ; 1983, 1609 ; 1985, 1496 , 1691 ;

1987, 318 ; 1993, 1685 ; 1999, 3628 )

NRS 519.130

NRS

519.130

Statement required in certain documents containing results of assay; penalties; enforcement.

1. Except as otherwise provided in subsection 4, every person or firm engaged in the business of assaying within this state shall, in each report or other document containing the results of an assay conducted by the person or firm which is created or produced for a commercial purpose, provide in the report or document a statement, prominently displayed and in bold type, which reads substantially as follows:

The results of this assay were based solely upon the content of the sample submitted. Any decision to invest should be made only after the potential investment value of the claim or deposit has been determined based on the results of assays of multiple samples of geologic materials collected by the prospective investor or by a qualified person selected by the prospective investor and based on an evaluation of all engineering data which is available concerning any proposed project.

1. Any person or firm who knowingly violates the provisions of subsection 1 is:

(a) For the first violation, guilty of a misdemeanor.

(b) For a second or subsequent violation, guilty of a gross misdemeanor.

1. The right to enforce the provisions of this section vests exclusively in the Attorney General.

2. The provisions of this section do not apply to a person who is required to file an annual statement pursuant to the provisions of NRS 362.110 .

3. As used in this section, “business of assaying” means a business that determines the elemental composition of samples of geologic materials for a fee or other valuable consideration.

(Added to NRS by 1995, 895 ; A 2008, 25th Special Session, 22 )

NRS 522.039

NRS

522.039

“Waste” defined.

“Waste” includes:

1. The inefficient, excessive or improper use of or unnecessary dissipation of reservoir energy.

2. The locating, spacing, drilling, equipping, operating or producing of any oil or gas well in a manner which results or tends to result in reducing the quantity of oil or gas to be recovered from any pool in this state under operations conducted in accordance with good engineering practices in an oil field.

3. The inefficient aboveground storage of oil.

4. The locating, spacing, drilling, equipping, operating or producing of any oil or gas well in a manner causing or tending to cause unnecessary or excessive surface loss or destruction of oil or gas.

5. Producing oil or gas in such manner as to cause unnecessary water channeling or coning.

6. The operation of an oil well with an inefficient ratio of gas to oil.

7. The drowning with water of any pool or part thereof capable of producing oil or gas, except insofar as and to the extent authorized by the Commission under this chapter.

8. Underground waste.

9. The creation of unnecessary fire hazards.

10. The escape into the open air, from a well producing oil or gas, of gas in excess of the amount which is reasonably necessary in the efficient production of the well.

11. The use of gas for the manufacture of carbon black, except as provided for in this chapter.

(Added to NRS by 1983, 2071 )

NRS 522.0838

NRS

522.0838

Plan of unitization: Required provisions.

The plan of unitization for each such unit and unit area must be one suited to the needs and requirements of the particular unit dependent upon the facts and conditions found to exist with respect thereto. In addition to such other terms, provisions, conditions and requirements found by the Division to be reasonably necessary or proper to effectuate or accomplish the purpose of this chapter, and subject to further requirements of this section, each such plan of unitization must contain fair, reasonable and equitable provisions for:

1. The efficient unitized management or control of the further development and operation of the unit area for the recovery of oil and gas from the pool affected. Under such a plan the actual operations within the unit area may be carried on in whole or in part by the unit itself, or by one or more of the lessees within the unit area as the unit operator subject to the supervision and direction of the unit, dependent upon what is most beneficial or expedient. The designation of the unit operator must be by vote of the lessees in the unit in a manner provided in the plan of unitization and not by the Division.

2. The division of interest or formula for the apportionment and allocation of the unit production among and to the several separately owned tracts within the unit area such as will reasonably permit persons otherwise entitled to share in or benefit by the production from such separately owned tracts to produce and receive, in lieu thereof, their fair, equitable and reasonable share of the unit production or other benefits thereof. A separately owned tract’s fair, equitable and reasonable share of the unit production must be measured by the value of each such tract for oil and gas purposes and its contributing value to the unit in relation to like values of other tracts in the unit, taking into account acreage, the quantity of oil and gas recoverable therefrom, location on the structure, its probable productivity of oil and gas in the absence of unit operations, the burden of operation to which the tract will or is likely to be subjected, or so many of such factors, or such other pertinent engineering, geological or operating factors, as may be reasonably susceptible of determination.

3. The manner in which the unit and the further development and operation of the unit area will be financed and the basis, terms and conditions on which the cost and expense thereof will be apportioned among and assessed against the tracts and interests made chargeable therewith, including a detailed accounting procedure governing all charges and credits incident to the operations. Upon and subject to such terms and conditions as to time and rate of interest as is fair to all concerned, reasonable provisions must be made in the plan of unitization for carrying or otherwise financing lessees who are unable promptly to meet their financial obligations in connection with the unit.

4. The procedure and basis upon which wells, equipment and other properties of the several lessees within the unit area are to be taken over and used for unit operations, including the method of arriving at the compensation therefor, or of otherwise proportionately equalizing or adjusting the investment of the several lessees in the project as of the effective date of unit operation.

5. The creation of an operating committee to have general overall management and control of the unit and the conduct of its business and affairs and the operations carried on by it, together with the creation or designation of such other subcommittees, boards or officers to function under the authority of the operating committee as may be necessary, proper or convenient in the efficient management of the unit, defining the powers and duties of all those committees, boards and officers, and prescribing their tenure and time and method for their selection.

6. The time when the plan of unitization becomes effective.

7. The time when and the conditions under which and the method by which the unit may be dissolved and its affairs wound up.

(Added to NRS by 1983, 2073 ; A 1993, 1693 )

NRS 528.053

NRS

528.053

Certain activities during logging operation prohibited near bodies of water; exceptions.

1. No felling of trees, skidding, rigging or construction of roads or landings, or the operation of vehicles, may take place during a logging operation within 50 feet, measured on the slope, of the high-water mark of any lake, reservoir, stream or other body of water unless a variance is first obtained pursuant to subsection 2 from a committee composed of the State Forester Firewarden, the Director of the Department of Wildlife and the State Engineer.

2. The committee may grant a variance authorizing any of the activities prohibited by subsection 1 within a 50-foot buffer area if the committee determines that the goals of conserving forest resources and achieving forest regeneration, preserving watersheds, reaching or maintaining water quality standards adopted by federal and state law, continuing water flows, preserving and providing for the propagation of fish life and stream habitat and preventing significant soil erosion will not be compromised.

3. In acting on a request for such variances, the committee shall consider the following factors:

(a) The extent to which such requested activity is consistent with good forestry management for the harvesting of timber;

(b) The extent to which such requested activity significantly impedes or interrupts the natural volume and flow of water;

(c) The extent to which such requested activity significantly affects a continuation of the natural quality of the water pursuant to state and federal water quality standards;

(d) The extent to which such requested activity is consistent with the prevention of significant soil erosion;

(e) The extent to which such requested activity may significantly obstruct fish passage, cause sedimentation in fish spawning areas, infringe on feeding and nursing areas and cause variations of water temperatures; and

(f) The filtration of sediment-laden water as a consequence of timber harvesting on adjacent slopes.

1. The committee may prohibit a logging operation from felling trees, skidding, rigging or constructing roads or landings, or operating vehicles, in an area greater than 50 feet, measured on the slope, from the high-water mark of any lake, reservoir, stream or other body of water if the committee determines that the site conditions of the logging operation warrant such prohibition.

(Added to NRS by 1971, 1446 ; A 1973, 461 ; 1979, 913 ; 1993, 1700 ; 2003, 1580 ; 2017, 1390 ; 2019, 737 )

NRS 532.030

NRS

532.030

Qualifications.

No person may be appointed as State Engineer who is not a licensed professional engineer pursuant to the provisions of chapter 625

of NRS and who does not have such training in hydraulic and general engineering and such practical skill and experience as shall fit that person for the position.

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

NRS 532.040

NRS

532.040

Oath.

Before entering upon the duties of his or her office, the State Engineer shall take and subscribe to an official oath, such as is provided by law for state officers, before a person authorized by the law of this State to administer oaths.

[12:140:1913; 1919 RL p. 3227; NCL § 7900]—(NRS A 1959, 552 ; 1975, 347 )

NRS 532.060

NRS

532.060

Classification; restrictions on other employment.

1. The State Engineer is in the unclassified service of the State.

2. Except as otherwise provided in NRS 284.143 , the State Engineer shall devote his or her entire time and attention to the business of the Office of the State Engineer and shall not pursue any other business 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 532.080

NRS

532.080

Seal.

1. The State Engineer is empowered and directed to procure for the Office of the State Engineer a seal upon which shall appear his or her official title and such other suitable inscription as the State Engineer may deem proper.

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

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

NRS 532.090

NRS

532.090

Appointment of technical, clerical and operational staff; persons appointed to conduct snow surveys exempted from state human resources system.

1. The State Engineer may, with the consent of the Director of the State Department of Conservation and Natural Resources, appoint such technical, clerical and operational staff as the execution of the duties of the State Engineer and the operation of the Division may require.

2. Snow survey personnel appointed for the purposes of NRS 532.170 are exempt from the provisions 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

NRS

532.100

Expenses.

The State Engineer may purchase such material and incur such expenses for traveling and other purposes as may be necessary for the proper conduct and maintenance of the Office of the State Engineer, to be paid from the moneys which may be appropriated for such purposes from time to time, as other state claims are paid.

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

NRS 532.120

NRS

532.120

Rules and regulations; regulations governing contests.

1. The State Engineer may make such reasonable rules and regulations as may be necessary for the proper and orderly execution of the powers conferred by law.

2. The State Engineer may adopt regulations, not in conflict with law, governing the practice and procedure in all contests before the Office of the State Engineer, to ensure the proper and orderly exercise of the powers granted by law, and the speedy accomplishment of the purposes of chapters 533 , 534 , 535 and 536 of NRS. Such rules of practice and procedure must 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 A 2007, 2014 )

NRS 532.140

NRS

532.140

Reports.

The State Engineer shall prepare and deliver to the Director of the State Department of Conservation and Natural Resources at such times as may be required by the Director, a full report of the work of the Office of the State Engineer, including a detailed statement of the expenditures thereof, with such recommendations as the State Engineer may deem advisable.

[14:140:1913; 1919 RL p. 3227; NCL § 7901]—(NRS A 1959, 552 )

NRS 532.150

NRS

532.150

Records: Public inspection; certified copies as evidence.

1. The records of the Office of the State Engineer are public records and shall remain on file in the Office of the State Engineer and be open to the inspection of the public at all times during business hours.

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

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

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

NRS 532.160

NRS

532.160

Duties of Attorney General and district attorneys.

The Attorney General and the district attorney of the county in which legal questions arise shall be the legal advisers of the State Engineer and shall perform any and all legal duties necessary in connection with their work without any further compensation than their salaries fixed by law.

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

NRS 532.165

NRS

532.165

Duties: Studies and inventories; review of governmental proposals for flood control and water development projects; program to map water rights.

The State Engineer shall:

1. Conduct necessary studies and inventories.

2. Review and evaluate proposals by federal, state and local agencies for flood control and water development projects to ensure that such proposals are compatible with the state water resource plan and are in compliance with Nevada water laws.

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

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

NRS 532.167

NRS

532.167

Duties: Water budget and inventory.

For each basin located in whole or in part in the State, the State Engineer shall prepare a water budget and calculate and maintain an inventory of water which includes, without limitation:

1. The total amount of groundwater appropriated in the basin in accordance with decreed, certified and permitted rights regardless of whether the water appropriations are temporary in nature;

2. An estimate of the amount of groundwater used by domestic wells in the basin; and

3. An estimate of the amount of all groundwater that is available for appropriation in the basin.

(Added to NRS by 2017, 3497 )

NRS 532.170

NRS

532.170

Agreements concerning use and development of water resources.

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

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

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

NRS 532.175

NRS

532.175

Agreements concerning cooperative management of groundwater basins shared between states.

The State Engineer, after a public hearing on the issue and with the approval of the Director of the State Department of Conservation and Natural Resources, for and on behalf of the State of Nevada, is authorized to enter into agreements with neighboring states or their political subdivisions concerning cooperative management of groundwater basins shared between the states.

(Added to NRS by 1991, 108 )

NRS 532.180

NRS

532.180

Cooperation with United States and California relative to waters of Lake Tahoe and adjacent areas.

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

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

NRS 532.200

NRS

532.200

Adjudication Emergency Account.

1. For the purpose of advancing and paying for stenographic work and transcripts required by law or order of court, or for the costs, witness fees or expenses incurred by or upon the authority of the Attorney General and the State Engineer in any litigation affecting any order of determination adjudicating the waters of any system of streams in this state, there is hereby created the Adjudication Emergency Account in the State General Fund. All money returned pursuant to subsection 3 and NRS 533.190 until those returns total an amount determined by the State Board of Examiners must be deposited in this Account, and thereafter the Account must be maintained for the purposes designated in this section. If the balance in the Adjudication Emergency Account exceeds the amount determined by the State Board of Examiners, that portion of the balance in the Account which exceeds the amount determined by the State Board of Examiners must be deposited in the State General Fund. If the balance in the Adjudication Emergency Account is below the amount determined by the State Board of Examiners, the State Engineer may request an allocation from the Contingency Account pursuant to NRS 353.266 , 353.268 and 353.269 .

2. No part of the Adjudication Emergency Account may be used in the payment of attorney’s fees.

3. The State of Nevada shall recover all costs paid or advanced pursuant to the provisions of this section, and the money recovered must be placed in the Adjudication Emergency Account.

4. All expenditures from the Adjudication Emergency Account must be paid as other 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

NRS

532.210

Water Distribution Revolving Account.

1. The fund created pursuant to the provisions of chapter 232, Statutes of Nevada 1931, and chapter 23, Statutes of Nevada 1943, is hereby continued as a revolving account within the State General Fund, for the purposes set forth in NRS 533.270 to 533.295 , inclusive, and for the purposes set forth in the provisions of chapters 534 , 535 and 536

of NRS pertaining to the conservation and distribution of waters.

1. The money in the Water Distribution Revolving Account may be used for:

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

(b) The payment of salaries and expenses of other employees engaged in the work of the distribution of waters or streams that are directly under the supervision of the State Engineer.

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

1. The money in the Water Distribution Revolving Account, or so much thereof as is necessary, may be used by the State Engineer for the uses and purposes of, and in the administration of the provisions of, chapter 534 of NRS pertaining to the conservation and 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

NRS

532.220

Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program: Establishment; administration; purpose; grant qualification; immunity of state, local and tribal governments; refund of certain fees; certain permits not to be denied for lack of money.

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

2. This Program is to aid local governments and tribal governments in this State in the clearance, maintenance, restoration, surveying and monumenting of navigable rivers.

3. Any incorporated city, county, other political subdivision of this State or tribal government in this State may apply to the State Engineer for a grant under this Program if the incorporated city, county, other political subdivision or tribal government requesting the money agrees to match the state grant equally.

4. The State, its departments, divisions and agencies, an incorporated city, a county, all other political subdivisions of this State and tribal governments in this State, and their employees and agents, are immune from civil liability for damages caused by an alteration or disturbance of a riverbed or flooding sustained as a result of any act or omission by an employee or agent in clearing or causing to be cleared, maintaining or restoring a channel of a river pursuant to this section if the channel is cleared, maintained or restored pursuant to a permit granted by the Division of State Lands of the State Department of Conservation and Natural Resources and such other permits and approvals as are required by law.

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

(a) The governmental entity applies for the applicable permits from the Division of State Lands and from the Division of Environmental Protection of the State Department of Conservation and Natural Resources;

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

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

(d) The grant is denied for lack of money in the Account for the Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program after:

(1) The State Engineer requests an allocation from the Contingency Account pursuant to subsection 4 of NRS 532.230 ; and

(2) An allocation from the Contingency Account is not made within 90 days after the request is made.

1. A state permit must not be denied for lack of money in the Account for the Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program.

2. As used in this section, “navigable river” means a river or stream that is used, or is susceptible of being used, in its ordinary condition for trade or travel in the customary modes of trade or travel on rivers or streams.

(Added to NRS by 1973, 821 ; A 1979, 114 ; 1985, 305 ; 1989, 1692 ; 1993, 112 ; 1997, 2221 ; 1999, 1240 ; 2023, 58 )

NRS 532.230

NRS

532.230

Account for the Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program.

1. The Account for the Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program is hereby created in the State General Fund.

2. The money in the Account must be administered by the State Engineer and must be expended only to aid local governments or tribal governments in the manner 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 Account pursuant to NRS 353.266 , 353.268 and 353.269 .

4. If the balance in the Account is not sufficient to provide a grant of money to an incorporated city, a county, a political subdivision of this State or a tribal government in this State, the State Engineer shall request an allocation from the Contingency Account pursuant to NRS 353.266 , 353.268 and 353.269 .

(Added to NRS by 1995, 865 ; A 1997, 2222 ; 1999, 1241 ; 2023, 59 )

NRS 533.024

NRS

533.024

Legislative declaration.

The Legislature declares that:

1. It is the policy of this State:

(a) To encourage and promote the use of effluent, where that use is not contrary to the public health, safety or welfare, and where that use does not interfere with federal obligations to deliver water of the Colorado River.

(b) To recognize the importance of domestic wells as appurtenances to private homes, to create a protectable interest in such wells and to protect their supply of water from unreasonable adverse effects which are caused by municipal, quasi-municipal or industrial uses and which cannot reasonably be mitigated.

(c) To encourage the State Engineer to consider the best available science in rendering decisions concerning the available surface and underground sources of water in Nevada.

(d) To encourage and promote the use of water to prevent or reduce the spread of wildfire or to rehabilitate areas burned by wildfire, including, without limitation, through the establishment of vegetative cover that is resistant to fire.

(e) To manage conjunctively the appropriation, use and administration of all waters of this State, regardless of the source of the water.

1. The procedures in this chapter for changing the place of diversion, manner of use or place of use of water, and for confirming a report of conveyance, are not intended to have the effect of quieting title to or changing ownership of a water right and that only a court of competent jurisdiction has the power to determine conflicting claims to ownership of a water right.

(Added to NRS by 1991, 296 ; A 1993, 2640 ; 2001, 551 ; 2005, 2560 ; 2009, 469 ; 2011, 1564 ; 2017, 3497 )

NRS 533.0241

NRS

533.0241

Duty of State Engineer to reserve certain amount of groundwater.

1. For each basin in which there is groundwater that has not been committed for use, including, without limitation, pursuant to a permit, certificate or by any other water user in the basin, as of June 5, 2019, the State Engineer shall reserve 10 percent of the total remaining groundwater that has not been committed for use in the basin.

2. The groundwater in the basin from the reserve created pursuant to subsection 1 is not available for any use.

(Added to NRS by 2019, 2515 )

NRS 533.0243

NRS

533.0243

Temporary conversion of agricultural water for certain purposes: Legislative declaration; requirements; duration.

1. The Legislature hereby finds and declares that it is the policy of this State to allow the temporary conversion of agricultural water rights for wildlife purposes or to improve the quality or flow of water.

2. If a person or entity proposes to temporarily convert agricultural water rights for wildlife purposes or to improve the quality or flow of water, such temporary conversion:

(a) Must not be carried out unless the person or entity first applies for and receives from the State Engineer any necessary permits or approvals required pursuant to:

(1) The provisions of this chapter; and

(2) Any applicable decisions, orders, procedures and regulations of the State Engineer.

(b) Except as otherwise provided in this paragraph, must not exceed 3 years in duration. A temporary conversion of agricultural water rights for wildlife purposes or to improve the quality or flow of water may be extended in increments not to exceed 3 years in duration each, provided that the person or entity seeking the extension first applies for and receives from the State Engineer any necessary permits or approvals, as described in paragraph (a).

(Added to NRS by 2007, 1510 )

NRS 533.0245

NRS

533.0245

State Engineer prohibited from carrying out duties in conflict with certain decrees, orders, compacts or agreements.

The State Engineer shall not carry out his or her duties pursuant to this chapter in a manner that conflicts with any applicable provision of a decree or order issued by a state or federal court, an interstate compact or an agreement to which this State is a party for the interstate allocation of water pursuant to an act of Congress.

(Added to NRS by 2007, 2016 )

NRS 533.0247

NRS

533.0247

State Engineer, assistants and agents authorized to enter land to investigate and carry out duties.

The State Engineer or any assistant or authorized agent of the State Engineer may enter the land of any owner or proprietor where any water is being diverted or used pursuant to this chapter at any reasonable hour of the day to investigate and carry out the duties of the State Engineer pursuant to this chapter.

(Added to NRS by 2011, 504 )

NRS 533.027

NRS

533.027

Applicability of chapter to certain emergency situations to extinguish fires and de minimus collection of precipitation.

1. The provisions of this chapter do not apply to:

(a) The use of water in emergency situations to extinguish fires by a public agency or a volunteer fire department; or

(b) The de minimus collection of precipitation:

(1) From the rooftop of a single-family dwelling for nonpotable domestic use; or

(2) If the collection does not conflict with any existing water rights as determined by the State Engineer, in a guzzler to provide water for use by wildlife. The guzzler must:

(I) Have a capacity of 20,000 gallons or less;

(II) Have a capture area of 1 acre or less;

(III) Have a pipe length of 1/4 mile or less;

(IV) Be developed by a state or federal agency responsible for wildlife management or by any other person in consultation with the Department of Wildlife; and

(V) Be approved for use by the Department of Wildlife.

1. As used in this section:

(a) “Domestic use” has the meaning ascribed to it in NRS 534.013 .

(b) “Guzzler” has the meaning ascribed to it in NRS 501.121 .

(c) “Public agency” means an agency, bureau, board, commission, department or division of this State or a political subdivision of this State.

(Added to NRS by 2017, 1432 ; A 2023, 1278 )

NRS 533.040

NRS

533.040

Water used for beneficial purposes to remain appurtenant to place of use; exceptions.

1. Except as otherwise provided in this section, any water used in this State for beneficial purposes shall be deemed to remain appurtenant to the place of use.

2. If at any time it is impracticable to use water beneficially or economically at the place to which it is appurtenant, the right may be severed from the place of use and be simultaneously transferred and become appurtenant to another place of use, in the manner provided in this chapter, without losing priority of right.

3. The provisions of this section do not apply to a ditch or canal company that appropriates water for diversion and transmission to the lands of private persons for an annual charge.

4. For the purposes of this section, a surface water right acquired by a water user in a federal reclamation project may be considered appurtenant to an entire farm, instead of specifically identifiable land within that farm, upon the granting of a permit for the change of place of use by the State Engineer which designates the place of use as the entire farm. The quantity of water available for use on that farm must not exceed the total amount determined by applicable decrees as designated in the permit granted by the State Engineer.

5. For the purposes of this section, a water right acquired for watering livestock by a person who owns, leases or otherwise possesses a legal or proprietary interest in the livestock being watered is appurtenant to:

(a) The land on which the livestock is watered if the land is owned by the person who possesses a legal or proprietary interest in the livestock; or

(b) Other land which is located in this State, is benefited by the livestock being watered and is capable of being used in conjunction with the livestock operation of the person who owns the land if that land is owned by the person who possesses the legal or proprietary interest in the livestock being watered.

1. The provisions of subsection 5 must not be construed:

(a) To impair a vested right or other existing water right established before June 12, 2003, of a person to the use of water for the purpose of watering livestock; or

(b) To prevent any transfer of ownership of a water right for the purpose of watering livestock.

1. As used in this section, “farm” means a tract of land that is owned or leased by the same person and is primarily used for agricultural purposes. The term includes two or more such tracts of land, regardless of whether the tracts are contiguous to one another.

[4:140:1913; 1919 RL p. 3225; NCL § 7893]—(NRS A 1999, 2630 ; 2003, 3410 ; 2015, 303 )

NRS 533.055

NRS

533.055

Storage of water for beneficial purpose; claiming and diversion of water turned into natural channel or watercourse.

Water may be stored for a beneficial purpose. Water turned into any natural channel or watercourse by any person entitled to the use thereof, whether stored in Nevada or in an adjoining state, may be claimed for beneficial use below, and diverted from the channel or watercourse by such person, subject to existing rights, due allowance for losses to be made, as determined by the State Engineer.

[7:140:1913; 1919 RL p. 3226; NCL § 7896]

NRS 533.060

NRS

533.060

Right to use limited to amount necessary; loss or abandonment of rights; no acquisition of prescriptive right; reservation of rights by State.

1. Rights to the use of water must be limited and restricted to as much as may be necessary, when reasonably and economically used for irrigation and other beneficial purposes, irrespective of the carrying capacity of the ditch. The balance of the water not so appropriated must be allowed to flow in the natural stream from which the ditch draws its supply of water, and must not be considered as having been appropriated thereby.

2. Rights to the use of surface water shall not be deemed to be lost or otherwise forfeited for the failure to use the water therefrom for a beneficial purpose.

3. A surface water right that is appurtenant to land formerly used primarily for agricultural purposes is not subject to a determination of abandonment if the surface water right:

(a) Is appurtenant to land that has been converted to urban use; or

(b) Has been dedicated to or acquired by a water purveyor, public utility or public body for municipal use.

1. In a determination of whether a right to use surface water has been abandoned, a presumption that the right to use the surface water has not been abandoned is created upon the submission of records, photographs, receipts, contracts, affidavits or any other proof of the occurrence of any of the following events or actions within a 10-year period immediately preceding any claim that the right to use the water has been abandoned:

(a) The delivery of water;

(b) The payment of any costs of maintenance and other operational costs incurred in delivering the water;

(c) The payment of any costs for capital improvements, including works of diversion and irrigation; or

(d) The actual performance of maintenance related to the delivery of the water.

1. A prescriptive right to the use of the water or any of the public water appropriated or unappropriated may not be acquired by adverse possession. Any such right to appropriate any of the water must be initiated by applying to the State Engineer for a permit to appropriate the water as provided in this chapter.

2. The State of Nevada reserves for its own present and future use all rights to the use and diversion of water acquired pursuant to chapter 462, Statutes of Nevada 1963, or otherwise existing within the watersheds of Marlette Lake, Franktown Creek and Hobart Creek and not lawfully appropriated on April 26, 1963, by any person other than the Marlette Lake Company. Such a right must not be appropriated by any person without the express consent of the Legislature.

[8:140:1913; A 1917, 353 ; 1949, 102 ; 1943 NCL § 7897]—(NRS A 1979, 1161 ; 1999, 2631 )

NRS 533.065

NRS

533.065

Standards of measurement.

1. A cubic foot of water per second of time shall be the legal standard for the measurement of water in this state.

2. The unit of volume shall be an acre-foot defined as 43,560 cubic feet.

3. Where necessary to transpose miner’s inches to cubic feet per second, 1 cubic foot per second shall be considered equal to 40 miner’s inches; but the term “miner’s inch” shall not be used henceforth in any permit or adjudicated right issuing from the Office of the State Engineer without first naming the amount in cubic feet per second or in acre-feet.

[9:140:1913; 1919 RL p. 3226; NCL § 7898]

NRS 533.070

NRS

533.070

Quantity of water appropriated limited to amount reasonably required for beneficial use; duties of State Engineer in connection with water diverted or stored for purpose of irrigation.

1. The quantity of water from either a surface or underground source which may hereafter be appropriated in this state shall be limited to such water as shall reasonably be required for the beneficial use to be served.

2. Where the water is to be diverted for irrigation purposes, or where the water is to be stored for subsequent irrigation purposes, the State Engineer in determining the amount of water to be granted in a permit to appropriate water shall take into consideration the irrigation requirements in the section of the State in which the appropriation is to be made. The State Engineer shall consider the duty of water as theretofore established by court decree or by experimental work in such area or as near thereto as possible. The State Engineer shall also consider the growing season, type of culture, and reasonable transportation losses of water up to where the main ditch or channel enters or becomes adjacent to the land to be irrigated, and may consider any other pertinent data deemed necessary to arrive at the reasonable duty of water. In addition, in the case of storage of water, reservoir evaporation losses should be taken into consideration in determining the acre-footage of storage to be granted in a permit.

[11:140:1913; A 1945, 87 ; 1943 NCL § 7899]

NRS 533.080

NRS

533.080

State water right surveyors: Certain projects required to be performed by surveyor; qualifications; appointment; regulations; compensation; State Engineer’s Water License Account.

1. All maps, surveys and measurements of water required pursuant to this chapter must be made by a state water right surveyor. No survey, map or measurement of flow of water may be approved by the State Engineer unless the survey is made by a state water right surveyor.

2. Any licensed professional engineer or land surveyor who has a practical knowledge of surveying or engineering and who is familiar with land surveying and mapping and the measurement of water, and who is of good moral standing, must be considered for appointment as a state water right surveyor upon application to the State Engineer. The application must be in the form prescribed by the State Engineer and accompanied by a fee of $50.

3. The State Engineer may require any applicant for appointment to the position of state water right surveyor to pass such reasonable examination as to the applicant’s qualifications as is provided by the State Engineer.

4. Whenever the State Engineer approves the qualifications of an applicant, the State Engineer shall issue a certificate to the applicant designating the applicant as a state water right surveyor.

5. Every water right surveyor’s certificate expires on June 30 of each year unless renewed by application in the form prescribed by the State Engineer. A fee of $20 must be paid each year for renewal. All application and renewal fees must be accounted for in the State Engineer’s Water License Account, which is hereby created in the State General Fund, and must be used to pay costs pertaining to the certificate and renewal and other costs associated with carrying out the provisions of this section.

6. An appointment may be revoked by the State Engineer at any time for good cause shown.

7. The State Engineer may provide such additional regulations governing the qualifications and official acts of state water right surveyors as are reasonable and not inconsistent with this chapter.

8. The State of Nevada is not liable for the compensation of any state water right surveyor, but a state water right surveyor is entitled to be paid by the person employing the state water right surveyor.

9. Officers and employees of the Federal Government or a tribal government are entitled to apply for the position of state water right surveyor and are exempt from the requirement that a state water right surveyor must be a professional engineer or professional land surveyor set forth in subsection 2. Any certificate issued to those officers and employees must include a restriction limiting those officers and employees to work for the Federal Government or tribal government, as applicable.

10. As used in this section, “tribal government” has the meaning ascribed to it in NRS 532.005 .

[91:140:1913; added 1921, 171 ; NCL § 7978]—(NRS A 1967, 990 ; 1979, 114 ; 1991, 62 , 1782 ;

1997, 1069 ; 2023, 59 )

NRS 533.085

NRS

533.085

Vested rights to water not impaired.

1. Nothing contained in this chapter shall impair the vested right of any person to the use of water, nor shall the right of any person to take and use water be impaired or affected by any of the provisions of this chapter where appropriations have been initiated in accordance with law prior to March 22, 1913.

2. Any and all appropriations based upon applications and permits on file in the Office of the State Engineer on March 22, 1913, shall be perfected in accordance with the laws in force at the time of their filing.

[84:140:1913; 1919 RL p. 3247; NCL § 7970]

ADJUDICATION OF VESTED WATER RIGHTS

NRS 533.087

NRS

533.087

Requirement for claimant of vested water right to submit proof of claim.

1. A claimant of any vested water right must submit, on a form prescribed by the State Engineer, proof of the claim to the State Engineer on or before December 31, 2027. If a claimant fails to file such proof on or before December 31, 2027, the claim shall be deemed to be abandoned.

2. Until December 31, 2027, the State Engineer shall cause notice of the provisions of subsection 1 to be:

(a) Published annually for 4 consecutive weeks in at least one newspaper of general circulation within the boundaries of each groundwater basin throughout the State.

(b) Posted on the Internet website maintained by the State Engineer.

(Added to NRS by 2017, 3555 )

NRS 533.090

NRS

533.090

Determination of relative rights of claimants to water of stream or stream system: Petition; order of State Engineer.

1. Upon a petition to the State Engineer, signed by one or more water users of any stream or stream system, requesting the determination of the relative rights of the various claimants to the waters thereof, the State Engineer shall, if upon investigation the State Engineer finds the facts and conditions justify it, enter an order granting the petition and shall make proper arrangements to proceed with such determination.

2. The State Engineer shall, in the absence of such a petition requesting a determination of relative rights, enter an order for the determination of the relative rights to the use of water of any stream selected by the State Engineer. As soon as practicable after the order is made and entered, the State Engineer shall proceed with such determination as provided in this chapter.

3. A water user upon or from any stream or body of water shall be held and deemed to be a water user upon the stream system of which such stream or body of water is a part or tributary.

[18:140:1913; 1919 RL p. 3227; NCL § 7905]—(NRS A 2017, 706 )

NRS 533.095

NRS

533.095

Notice of entry of order and pendency of proceedings: Preparation; contents; publication; service of notice. [Effective through December 31, 2027.]

1. As soon as practicable after the State Engineer enters an order granting the petition or selecting the streams upon which the determination of rights is to begin, the State Engineer shall prepare a notice setting forth the fact of the entry of the order and of the pendency of the proceedings.

2. The notice shall set forth:

(a) That all claimants to rights in the waters of the stream system are required, as provided in this chapter, to make proof of their claims, except claimants who submitted proof of their claims pursuant to NRS 533.087 ;

(b) The date on which the State Engineer will commence taking proofs of appropriation regarding the rights in and to the waters of the stream system;

(c) The date by which all proofs of appropriation must be filed; and

(d) That all proofs of appropriation must be accompanied by maps prepared in accordance with and depicting any information required pursuant to NRS 533.100 and 533.115 .

1. The notice shall be published for a period of 4 consecutive weeks in one or more newspapers of general circulation within the boundaries of the stream system.

2. At or near the time of the first publication of the notice, the State Engineer shall send by mail to each person, or deliver to each person, in person, hereinafter designated as claimant, claiming rights in or to the waters of the stream system, insofar as such claimants can be reasonably ascertained, a notice equivalent in terms to the published notice setting forth the date when the State Engineer will commence the taking of proofs, and the date prior to which proofs must be filed with the State Engineer. The notice must be mailed at least 30 days prior to the date fixed for the commencement of the taking of proofs. The date set prior to which the proofs must be filed shall not be less than 60 days from the date set for the commencement of taking proofs. The notice shall be deemed to be an order of the State Engineer as to its contents.

[19:140:1913; 1919 RL p. 3228; NCL § 7906]—(NRS A 2017, 706 , 3556 )

NRS

533.095

Notice of entry of order and pendency of proceedings: Preparation; contents; publication; service of notice. [Effective January 1, 2028.]

1. As soon as practicable after the State Engineer enters an order granting the petition or selecting the streams upon which the determination of rights is to begin, the State Engineer shall prepare a notice setting forth the fact of the entry of the order and of the pendency of the proceedings.

2. The notice shall set forth:

(a) That any federal agencies claiming reserved rights in the waters of the stream system are required, as prescribed by the State Engineer, to make proof of their claims;

(b) The date on which the State Engineer will commence taking proofs of appropriation regarding the rights in and to the waters of the stream system;

(c) The date by which all proofs of appropriation must be filed; and

(d) That all proofs of appropriation must be accompanied by maps prepared in accordance with and depicting any information required pursuant to NRS 533.100 and 533.115 .

1. The notice shall be published for a period of 4 consecutive weeks in one or more newspapers of general circulation within the boundaries of the stream system.

2. At or near the time of the first publication of the notice, the State Engineer shall send by mail to each federal agency, or deliver to each federal agency, in person, hereinafter designated as claimant, claiming rights in or to the waters of the stream system, insofar as such claimants can be reasonably ascertained, a notice equivalent in terms to the published notice setting forth the date when the State Engineer will commence the taking of proofs, and the date prior to which proofs must be filed with the State Engineer. The notice must be mailed at least 30 days prior to the date fixed for the commencement of the taking of proofs. The date set prior to which the proofs must be filed shall not be less than 60 days from the date set for the commencement of taking proofs. The notice shall be deemed to be an order of the State Engineer as to its contents.

[19:140:1913; 1919 RL p. 3228; NCL § 7906]—(NRS A 2017, 706 , 3556 , effective January 1, 2028)

NRS 533.100

NRS

533.100

Investigation of flow of stream and ditches by State Engineer; preparation of surveys and maps.

1. The State Engineer shall begin an investigation of the flow of the stream and of the ditches diverting water, and of the lands irrigated therefrom, and shall gather such other data and information as may be essential to the proper determination of the water rights in the stream.

2. The State Engineer shall:

(a) Reduce his or her observations and measurements to writing.

(b) If necessary, execute surveys or cause them to be executed.

(c) If necessary, prepare, or cause to be prepared, maps from the observations of such surveys in accordance with such uniform rules and regulations as the State Engineer may adopt.

1. The surveys and maps shall show with substantial accuracy:

(a) The course of the stream.

(b) The location of each ditch or canal diverting water therefrom, together with the point of diversion thereof.

(c) The area and outline of each parcel of land upon which the water of the stream has been employed for the irrigation of crops or pasture.

(d) The kind of culture upon each of the parcels of land.

1. The map shall be prepared as the surveys and observations progress, and, when completed, shall be filed and made of record in the Office of the State Engineer. Such map for original filing in the Office of the State Engineer shall, in addition to complying with any other applicable rule or regulation of the State Engineer, be on a scale of not less than 1,000 feet to the inch.

[20:140:1913; 1919 RL p. 3228; NCL § 7907]—(NRS A 2017, 707 ; 2023, 1035 )

NRS 533.105

NRS

533.105

Use of data compiled by United States Geological Survey or other persons.

If satisfactory data are available from the measurements and areas compiled by the United States Geological Survey or other persons, the State Engineer may dispense with the execution of such surveys and the preparation of such maps and stream measurements, except insofar as is necessary to prepare them to conform with the rules and regulations, as provided in NRS 533.100 .

[21:140:1913; 1919 RL p. 3228; NCL § 7908]—(NRS A 2017, 707 , 3556 )

NRS 533.115

NRS

533.115

Blank forms enclosed with notice; form of proof; preparation of map. [Effective through December 31, 2027.]

1. The State Engineer shall, in addition, enclose with the notice to be mailed as provided in subsection 4 of NRS 533.095 , blank forms upon which a claimant who has not submitted proof pursuant to NRS 533.087 shall present in writing all particulars necessary for the determination of the claimant’s right in or to the waters of the stream system. The form for a proof of appropriation must include the following:

(a) The name and mailing address of the claimant.

(b) The nature of the right or use on which the claim for appropriation is based.

(c) The time of the initiation of such right, the priority date claimed and a description of the place of diversion and works of diversion and distribution.

(d) The date of beginning of construction.

(e) The date when completed.

(f) The dates of beginning and completion of enlargements.

(g) The dimensions of the ditch as originally constructed and as enlarged.

(h) The date when water was first used for irrigation or other beneficial purposes.

(i) If the water was used for irrigation, the number of acres irrigated the first year, the number of acres irrigated in subsequent years, the dates of irrigation, the area and location of the lands which were irrigated, the character of the soil and the kind of crops cultivated, the rate of diversion and the number of acre-feet of water per annum required to irrigate the land.

(j) If the water was used for a beneficial purpose other than irrigation, the rate of diversion and the number of acre-feet of water used annually.

(k) If the water was used for watering livestock, the number and type of livestock.

(l) Any other facts as will show the extent and nature of the right and compliance with the law in acquiring the same, as may be required by the State Engineer.

1. A claimant must submit a separate proof of appropriation for each source of water of the stream system in which or to which the claimant claims a right.

2. The proof of appropriation submitted by the claimant must be accompanied by a map prepared, except as otherwise provided in subsection 4, in accordance with and depicting any information required pursuant to the requirements of subsections 3 and 4 of NRS 533.100 .

3. If the map submitted with a proof of appropriation is prepared for water used for watering livestock, the map must be on a scale of not less than 1:24,000 or a map prepared by the United States Geological Survey covering a quadrangle of 7 1/2 minutes of latitude and longitude, and further identifying the location or extent of the livestock use by one-sixteenth sections within a numbered section, township and range.

[23:140:1913; 1919 RL p. 3229; NCL § 7910]—(NRS A 2017, 707 , 3557 ; R 2017, 3560 , effective January 1, 2028; 2023, 1036 )

NRS 533.120

NRS

533.120

Statements to be certified under oath; no fee for furnishing blank form. [Effective through December 31, 2027.]

1. Each claimant shall be required to certify to his or her statement presented pursuant to NRS 533.115 under oath.

2. Blank forms must be furnished by the State Engineer without charge.

[24:140:1913; 1919 RL p. 3230; NCL § 7911]—(NRS A 2017, 708 , 3557 ; R 2017, 3560 , effective January 1, 2028)

NRS 533.125

NRS

533.125

Commencement of taking of proofs; extension of time; determination of rights if claimant neglects or refuses to make proof; defective proof or map; filing corrected proof of map. [Effective through December 31, 2027.]

1. The State Engineer shall commence the taking of any proofs not submitted pursuant to NRS 533.087 on the date fixed and named in the notice provided for in NRS 533.095

for the commencement of the taking of proofs. The State Engineer shall proceed therewith during the period fixed by the State Engineer and named in the notice, after which no proofs shall be received by or filed by the State Engineer. The State Engineer may, in his or her discretion, for cause shown, extend the time in which proofs may be filed.

1. Upon neglect or refusal of any person to make proof of his or her claim or rights in or to the waters of such stream system, as required by this chapter, prior to the expiration of the period fixed by the State Engineer during which proofs may be filed, the State Engineer shall determine the right of such person from such evidence as the State Engineer may obtain or may have on file in the Office of the State Engineer in the way of maps, plats, surveys and transcripts, and exceptions to such determination may be filed in court, as provided in this chapter.

2. If a proof of appropriation or a supporting map is found to be defective, it shall be returned with a statement explaining why the proof or map was found to be defective. The date of the return must be marked on the proof or map and a record of the return made in the Office of the State Engineer.

3. A person may file a corrected proof of appropriation or supporting map with the Office of the State Engineer within 60 days after the date of return marked on the proof or map. A defective proof of appropriation or supporting map that is not properly corrected and refiled within 60 days must be rejected. Upon application for an extension of time within the 60-day period, the State Engineer may, in his or her discretion, grant an extension of time not to exceed 60 days in which the person may file the corrected proof of appropriation or supporting map.

[25:140:1913; A 1915, 378 ; 1919 RL p. 3230; NCL § 7912]—(NRS A 2017, 709 , 3558 ; R 2017, 3560 , effective January 1, 2028)

NRS 533.130

NRS

533.130

Petition to intervene may be filed by interested person not served; contents.

1. Any person interested in the water of any stream upon whom no service of notice shall have been had of the pendency of proceedings for the determination of the relative rights to the use of water of such stream system, and who shall have no actual knowledge or notice of the pendency of the proceedings, may, at any time prior to the expiration of 6 months after the entry of the determinations of the State Engineer, file a petition to intervene in the proceedings.

2. Such petition shall be under oath and shall contain, among other things:

(a) All matters required by this chapter of claimants who have been duly served with notice of the proceedings; and

(b) A statement that the intervener had no actual knowledge of notice of the pendency of the proceedings.

1. Upon the filing of the petition in intervention granted by the State Engineer, the petitioner shall be allowed to intervene upon such terms as may be equitable, and thereafter shall have all rights provided by this chapter to claimants who have been duly served.

[26:140:1913; 1919 RL p. 3230; NCL § 7913]—(NRS A 2017, 709 )

NRS 533.135

NRS

533.135

Fees of State Engineer; disposition.

1. At the time of submission of proofs of appropriation, the State Engineer shall collect a fee of $60 for a proof of water used for watering livestock purposes. The State Engineer shall collect a fee of $120 for any other character of claim to water.

2. All fees collected as provided in this section must be accounted for in detail and deposited with the State Treasurer for credit to the State General Fund.

[27:140:1913; A 1921, 171 ; NCL § 7914]—(NRS A 1957, 529 ; 1975, 713 ; 1981, 1837 ; 1985, 720 ; 1989, 1733 ; 2013, 1234 ; 2017, 709 , 3648 )

NRS 533.140

NRS

533.140

Preparation and printing of abstract of proofs of appropriation; preliminary order of determination; notice of availability of evidence and proofs for inspection; service of notice and preliminary order; State Engineer to be present during period that evidence and proofs are available for inspection; posting preliminary order of determination and abstract of proofs on Internet. [Effective through December 31, 2027.]

1. As soon as practicable after the expiration of the period fixed in which proofs of appropriation may be filed, the State Engineer shall assemble all proofs which have been filed with the State Engineer and prepare, certify and have printed an abstract of all such proofs of appropriation. The State Engineer shall also prepare from the proofs of appropriation and evidence taken or given before the State Engineer, or obtained by the State Engineer, a preliminary order of determination establishing the several rights of claimants to the waters of the stream.

2. Except as otherwise provided in subsection 3, when the abstract of proofs of appropriation and the preliminary order of determination are completed:

(a) The State Engineer shall then prepare a notice fixing and setting a time and place when and where the evidence taken by or filed with the State Engineer and the proofs of claims must be open to the inspection of all interested persons, the period of inspection to be not less than 20 days. The notice shall be deemed an order of the State Engineer as to the matters contained therein.

(b) A copy of the notice, together with a printed copy of the preliminary order of determination and the abstract of proofs of appropriation, must be delivered by the State Engineer, or sent by registered or certified mail, at least 30 days before the first day of such period of inspection, to each person who has appeared and filed a proof of appropriation, as provided in this section.

(c) The State Engineer shall be present at the time and place designated in the notice and allow, during that period, any persons interested to inspect such evidence and proofs of appropriation as have been filed with or taken by the State Engineer in accordance with this chapter.

1. In lieu of sending or serving a copy of the preliminary order of determination and the abstract of proofs of appropriation pursuant to subsection 2, the State Engineer may:

(a) Make available a copy of the preliminary order of determination and the abstract of proofs of appropriation on the Internet website of the Office of the State Engineer; and

(b) Send by registered or certified mail or deliver in person to each person who has filed a proof of appropriation notice that the preliminary order of determination and the abstract of proofs of appropriation are available on the Internet website of the Office of the State Engineer.

[28:140:1913; A 1921, 171 ; NCL § 7915]—(NRS A 1967, 189 ; 1969, 1527 ; 1973, 1478 ; 1985, 467 ; 1993, 1700 ; 1997, 21 ; 2005, 1092 ; 2017, 710 )

NRS

533.140

Preparation and printing of abstract of proofs of appropriation; preliminary order of determination; notice of availability of evidence and proofs for inspection; service of notice and preliminary order; State Engineer to be present during period that evidence and proofs are available for inspection; posting preliminary order of determination and abstract of proofs on Internet. [Effective January 1, 2028.]

1. As soon as practicable, the State Engineer shall assemble all proofs related to the stream or stream system which have been filed with the State Engineer and prepare, certify and have printed an abstract of all such proofs of appropriation. The State Engineer shall also prepare from the proofs of appropriation and evidence taken or given before the State Engineer, or obtained by the State Engineer, a preliminary order of determination establishing the several rights of claimants to the waters of the stream.

2. Except as otherwise provided in subsection 3, when the abstract of proofs of appropriation and the preliminary order of determination are completed:

(a) The State Engineer shall then prepare a notice fixing and setting a time and place when and where the evidence taken by or filed with the State Engineer and the proofs of claims must be open to the inspection of all interested persons, the period of inspection to be not less than 20 days. The notice shall be deemed an order of the State Engineer as to the matters contained therein.

(b) A copy of the notice, together with a printed copy of the preliminary order of determination and the abstract of proofs of appropriation, must be delivered by the State Engineer, or sent by registered or certified mail, at least 30 days before the first day of such period of inspection, to each person who has filed a proof of appropriation related to the stream or stream system.

(c) The State Engineer shall be present at the time and place designated in the notice and allow, during that period, any persons interested to inspect such evidence and proofs of appropriation as have been filed with the State Engineer in accordance with this chapter.

1. In lieu of sending or serving a copy of the preliminary order of determination and the abstract of proofs of appropriation pursuant to subsection 2, the State Engineer may:

(a) Make available a copy of the preliminary order of determination and the abstract of proofs of appropriation on the Internet website of the Office of the State Engineer; and

(b) Send by registered or certified mail or deliver in person to each person who has filed a proof of appropriation notice that the preliminary order of determination and the abstract of proofs of appropriation are available on the Internet website of the Office of the State Engineer.

[28:140:1913; A 1921, 171 ; NCL § 7915]—(NRS A 1967, 189 ; 1969, 1527 ; 1973, 1478 ; 1985, 467 ; 1993, 1700 ; 1997, 21 ; 2005, 1092 ; 2017, 710 , 3558 , effective January 1, 2028)

NRS 533.145

NRS

533.145

Objections to preliminary order of determination; form and contents of objection.

1. Any person claiming any interest in the stream system involved in the determination of relative rights to the use of water, whether claiming under vested right or under permit from the State Engineer, may object to any finding, part or portion of the preliminary order of determination made by the State Engineer by filing objections with the State Engineer within 30 days after the evidence and proofs, as provided in NRS 533.140 , shall have been opened to public inspection, or within such further time as for good cause shown may be allowed by the State Engineer upon application.

2. Such objections shall be verified by the affidavit of the objector, or the objector’s agent or attorney, and shall state with reasonable certainty the grounds of objection.

[29:140:1913; A 1921, 171 ; NCL § 7916]

NRS 533.150

NRS

533.150

Hearings of objections to preliminary order of determination: Contents and service of notice; procedure; witnesses; evidence.

1. Unless the claimant waives the requirement for a hearing, the State Engineer shall fix a time and place for the hearing of objections. Notice of the hearing may be sent by registered or certified mail to the persons to be affected by the objections, and the receipt therefor constitutes legal and valid proof of service. The notice may also be served by the State Engineer, or by any person, appointed by the State Engineer, qualified and competent to serve a summons in civil actions. Return thereof must be made in the same manner as in civil actions in the district courts of this state.

2. The State Engineer may adjourn hearings from time to time upon reasonable notice to all parties interested. Depositions may be taken by any person authorized to administer oaths and designated by the State Engineer or the parties in interest, and oral testimony may be introduced in all hearings.

3. Witnesses are entitled to receive fees as in civil cases, to be paid by the party calling those witnesses.

4. The evidence in the proceedings must be confined to the subjects enumerated in the objections and the preliminary order of determination.

5. All testimony taken at the hearings must be reported and transcribed in its entirety.

[30:140:1913; A 1915, 378 ; 1921, 171 ; NCL § 7917]—(NRS A 1967, 189 ; 1981, 88 ; 1989, 406 ; 2017, 710 )

NRS 533.155

NRS

533.155

Hearing of objections: Court reporter; transcript; division of fees.

All testimony taken at the hearings must be reported and transcribed by a certified court reporter. The original and one copy of the transcript of the proceedings must be filed with the State Engineer. The claimants objecting to the preliminary order of determination shall pay, in equal portions, the fees for the appearance and travel expenses of the court reporter and for transcribing the portion of the hearing consisting of the comments of the State Engineer. Each such claimant shall pay a pro rata portion of the fees for the remaining portion of the hearing consisting of the case made by that claimant.

[32:140:1913; A 1921, 171 ; NCL § 7919]—(NRS A 1957, 530 ; 2017, 711 )

NRS 533.160

NRS

533.160

Entry of order of determination after hearing of objections to preliminary order; legal effect of order; certification, printing and service of order.

1. As soon as practicable after the hearing of objections to the preliminary order of determination, the State Engineer shall make and cause to be entered of record in the Office of the State Engineer an order of determination, defining the several rights to the waters of the stream or stream system. The order of determination, when filed with the clerk of the district court as provided in NRS 533.165 , has the legal effect of a complaint in a civil action.

2. The order of determination must be certified by the State Engineer. Except as otherwise provided in subsection 3, a copy of the order of determination must be sent by registered or certified mail or delivered in person to each person who has filed proof of claim and to each person who has become interested through intervention or through filing of objections under the provisions of NRS 533.130 or 533.145 .

3. In lieu of sending or delivering a copy of the order of determination pursuant to subsection 2, the State Engineer may:

(a) Make available a copy of the order of determination on the Internet website of the Office of the State Engineer; and

(b) Send by registered or certified mail or deliver in person to each person who has filed a proof of appropriation and to each person who has become interested through intervention notice that the order of determination is available on the Internet website of the Office of the State Engineer.

[33:140:1913; A 1915, 378 ; 1921, 171 ; NCL § 7920]—(NRS A 1967, 190 ; 1969, 1527 ; 1973, 1478 ; 1985, 467 ; 1993, 1701 ; 1997, 22 ; 2005, 1093 ; 2017, 711 )

NRS 533.165

NRS

533.165

Certified copy of order of determination to be filed with county clerk of county where stream system located; procedure when stream system in two or more judicial districts; order setting time for hearing; service and publication of order.

1. As soon as practicable thereafter, a certified copy of the order of determination, together with the copies of the original evidence and transcript of testimony filed with, or taken before, the State Engineer, duly certified by the State Engineer, shall be filed with the clerk of the county, as ex officio clerk of the district court, in which the stream system is situated, or, if in more than one county but all within one judicial district, then with the clerk of the county wherein reside the largest number of parties in interest.

2. If such stream system shall be in two or more judicial districts, then the State Engineer shall notify the district judge of each of such judicial districts of his or her intent to file such order of determination, whereupon, within 10 days after receipt of such notice, such judges shall confer and agree where the court proceedings under this chapter shall be held and upon the judge who shall preside, and on notification thereof the State Engineer shall file the order of determination, evidence and transcripts with the clerk of the court so designated.

3. If such district judges fail to notify the State Engineer of their agreement, as provided in subsection 2, within 5 days after the expiration of such 10 days, then the State Engineer may file such order of determination, evidence and transcript with the clerk of any county the State Engineer may elect, and the district judge of such county shall have jurisdiction over the proceedings in relation thereto.

4. If the judge so selected and acting shall retire from office, or be removed from office or be disqualified, for any cause, then the judge of the district court having jurisdiction of the proceedings shall act as the judge on the matter or shall select the judge to preside in such matter.

5. In all instances a certified copy of the order of determination shall be filed with the county clerk of each county in which such stream system, or any part thereof, is situated.

6. Upon the filing of the certified copy of the order, evidence and transcript with the clerk of the court in which the proceedings are to be had, the State Engineer shall procure an order from the court setting the time for hearing. The clerk of such court shall immediately furnish the State Engineer with a certified copy thereof. The State Engineer immediately thereupon shall mail a copy of such certified order of the court, by registered or certified mail, addressed to each party in interest at the party’s last known place of residence, and shall cause the same to be published at least once a week for 4 consecutive weeks in some newspaper of general circulation that is available in general circulation in each county in which such stream system or any part thereof is located. The State Engineer shall file with the clerk of the court proof of such service by registered or certified mail and by publication. Such service by registered or certified mail and by publication shall be deemed full and sufficient notice to all parties in interest of the date and purpose of such hearing.

[34:140:1913; A 1915, 378 ; 1931, 148 ; 1931 NCL § 7921]—(NRS A 1967, 190 ; 2017, 712 )

NRS 533.170

NRS

533.170

Exceptions to order of determination: Filing and service; pleadings; findings of fact, judgment and decree; service of findings of fact and cost bill.

1. At least 5 days prior to the date set for hearing, all parties in interest who are aggrieved or dissatisfied with the order of determination of the State Engineer shall file with the clerk of the court notice of exceptions to the order of determination of the State Engineer. The notice shall state briefly the exceptions taken and the prayer for relief. A copy thereof shall be served upon or transmitted to the State Engineer by registered or certified mail.

2. The order of determination by the State Engineer and the statements or claims of claimants and exceptions made to the order of determination shall constitute the pleadings, and there shall be no other pleadings in the cause.

3. If no exceptions shall have been filed with the clerk of the court as provided in subsection 1, then on the day set for hearing the court may take further testimony if deemed proper, and shall then enter its findings of fact and judgment and decree.

4. On the day set for hearing, all parties in interest who have filed notices of exceptions, as provided in subsection 1, shall appear in person or by counsel, and the court shall hear the same or set the time for hearing, until such exceptions are disposed of.

5. All proceedings thereunder, including the taking of testimony, shall be as nearly as may be in accordance with the Nevada Rules of Civil Procedure; but the provisions of the Nevada Rules of Civil Procedure and NRS 18.110 shall not apply respecting the service of proposed findings of fact and decree or service and filing of a cost bill, and service shall be made in the following manner. All claimants who have filed exceptions or objections to the final order of determination shall be served with a copy of the proposed findings of fact and decree by serving the attorney who appeared for such claimants in the proceedings. All claimants or water users who have not filed exceptions or objections to the final order of determination shall be served with a copy of the proposed findings of fact and decree by serving a copy thereof on the Attorney General. Such service, in each instance, shall be made at least 30 days before the findings of fact and decree shall be signed by the court, and the court shall not sign any findings of fact therein prior to the expiration of such 30 days. The cost bill shall be prepared and filed with the clerk of the court wherein the proceedings are pending, and it shall not be necessary to serve any of the exceptors, claimants or appropriators or their attorneys with a copy of the cost bill.

[35:140:1913; A 1915, 378 ; 1921, 171 ; 1927, 334 ; NCL § 7922]—(NRS A 1969, 95 )

NRS 533.180

NRS

533.180

Court may refer case to State Engineer for further evidence.

The court may, if necessary, refer the case or any part thereof for such further evidence to be taken by the State Engineer as it may direct, and may require a further determination by the State Engineer, subject to the court’s instructions.

[Part 36:140:1913; A 1915, 378 ; 1931, 413 ; 1937, 327 ; 1931 NCL § 7923]

NRS 533.185

NRS

533.185

Entry of judicial decree; revised map; delivery and filing of final judgment.

1. After the hearing the court shall enter a decree affirming or modifying the order of the State Engineer.

2. If the court enters a decree holding that the water right of a claimant is different than the right claimed in the proof of appropriation filed by the claimant or determined by the State Engineer in the order of determination, the court may require the claimant to prepare and file with the court and the Office of the State Engineer a revised map which conforms to the decree and the rules and regulations of the State Engineer.

3. Within 30 days after the entry of final judgment by the district court, or if an appeal is taken, within 30 days after the entry of the final judgment by the appellate court or within 30 days after the entry of the final judgment after remand, the clerk of the court issuing the final judgment shall:

(a) Deliver to the State Engineer a certified copy of the final judgment; and

(b) Cause a certified copy of the final judgment to be filed in the office of the county recorder in each county in which the water adjudicated is applied to beneficial use and in each county in which the water adjudicated is diverted from its natural source.

[Part 36:140:1913; A 1915, 378 ; 1931, 413 ; 1937, 327 ; 1931 NCL § 7923]—(NRS A 1995, 436 ; 2017, 712 )

NRS 533.190

NRS

533.190

Costs: Assessment by court; entry of charges on assessment roll; collection and disposition of money.

1. At any time in the course of the hearings, the court may, in its discretion, by order assess and adjudge against any party such costs as it deems just and equitable or may so assess the costs in proportion to the amount of water right standing allotted at that time, or the court may assess and adjudge such costs and expenses in its final judgment upon the signing, entry and filing of its formal findings of fact, conclusions of law and decree adjudicating the water rights against any party as it deems just and equitable, or may so assess the costs in proportion to the amount of water right allotted and decreed in the final judgment.

2. After the making, entry and filing by the court of the first findings of fact, conclusions of law and decree made, entered and filed by the court in any such water adjudication as distinguished from the first proposed findings of fact, conclusions of law and decree, the court shall assess all costs and expenses against the loser or losers, in any and all subsequent proceedings in any such water adjudication.

3. If costs are assessed or allowed as provided for in this section and in NRS 533.170 and allotted, the State Engineer, within 60 days after such filing and entry, as above described, shall certify to the boards of county commissioners of the respective counties wherein the stream system is situate either the amount of acreage set forth in the order of determination to which water has been allotted, or the respective water rights against which such costs have been assessed by the court, and the charges against each water user in accordance with the court’s judgment and allocation of costs. Upon receipt of the certificate from the State Engineer by the board of county commissioners, the board of county commissioners shall certify the respective charges contained therein to the county assessor of the county in which the land or property served is situated. The county assessor shall enter the amount of the charge on the assessment roll against the claimant’s property or acreage served.

4. The proper officer of the county shall collect the assessment as other assessments are levied and collected, and the assessment is a lien upon the property so served and must be collected in the same manner as other assessments are collected, but such costs must be collected in equal installments over 2 fiscal years.

5. When the assessments are collected, the person collecting the assessments shall transmit the money collected to the State Treasurer at the time that person transmits other assessments collected by him or her as provided by law, and the State Treasurer shall deposit the money in the Adjudication Emergency Account provided for in NRS 532.200 , out of which costs and expenses must be paid in the manner provided by law.

[Part 36:140:1913; A 1915, 378 ; 1931, 413 ; 1937, 327 ; 1931 NCL § 7923]—(NRS A 1991, 1783 ; 1995, 220 )

NRS 533.200

NRS

533.200

Appeal from decree to appellate court: Procedure; service of notice of appeal.

Appeals from such decree may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution by the State Engineer or any party in interest in the same manner and with the same effect as in civil cases, except as to the following matters. Notice of appeal shall be served upon the attorneys of record for claimants who have filed exceptions or objections to the final order of determination of the State Engineer as provided in NRS 533.170 , and all claimants or water users who have not filed exceptions or objections to the final order of determination or appeared in the cause by an attorney shall be served with a copy of notice of appeal by the service of a copy thereof on the Attorney General as their process agent.

[Part 36:140:1913; A 1915, 378 ; 1931, 413 ; 1937, 327 ; 1931 NCL § 7923]—(NRS A 2013, 1786 )

NRS 533.205

NRS

533.205

Motion for new trial: Service of notice of intention to move for new trial.

Notice of intention to move for a new trial shall be served upon the attorneys of record for claimants who have filed exceptions or objections to the final order of determination of the State Engineer as provided in NRS 533.170 , and all claimants or water users who have not filed exceptions or objections to the final order of determination or appeared in the cause by an attorney shall be served with a copy of notice of intention to move for a new trial by the service of a copy thereof on the Attorney General as their process agent.

[Part 36:140:1913; A 1915, 378 ; 1931, 413 ; 1937, 327 ; 1931 NCL § 7923]

NRS 533.210

NRS

533.210

Finality of decree; application for modification within 3 years after entry; limitations on modification; notice of application.

1. The decree entered by the court, as provided by NRS 533.185 , shall be final and shall be conclusive upon all persons and rights lawfully embraced within the adjudication; but the State Engineer or any party or adjudicated claimant upon any stream or stream system affected by such decree may, at any time within 3 years from the entry thereof, apply to the court for a modification of the decree, insofar only as the decree fixed the duty of water, and upon the hearing of such motion the court may modify such decree increasing or decreasing the duty of water, consistent with good husbandry, and consistent with the principle that actual and beneficial use shall be the measure and limit of the right.

2. Notice of application shall be given as in civil cases.

[36a:140:1913; added 1921, 171 ; NCL § 7924]

NRS 533.215

NRS

533.215

Waiver of notices by claimants or appropriators.

Whenever there are 10 or less appropriators or claimants upon a stream system, and all of such claimants or appropriators in writing waive the provisions of this chapter with reference to notices and the service and publication thereof, as provided in preceding sections, the State Engineer may make an order of determination without the giving, serving or publication of any notices required in this chapter, and may file the same with the district court in the manner prescribed in NRS 533.165 . Whereupon, the same steps and proceedings shall be taken and decree entered as if all preliminary notices had been given prior to the making, entering and filing of the order of determination.

[36b:140:1913; added 1921, 171 ; NCL § 7925]

NRS 533.220

NRS

533.220

Distribution of water; enforcement of order or decision of State Engineer; appeal.

1. From and after the filing of the order of determination in the district court, the distribution of water by the State Engineer or by any of the State Engineer’s assistants or by the water commissioners or their assistants shall, at all times, be under the supervision and control of the district court. Such officers and each of them shall, at all times, be deemed to be officers of the court in distributing water under and pursuant to the order of determination or under and pursuant to the decree of the court.

2. Upon the neglect or refusal of any claimant to the use of water as provided in this chapter to carry out or abide by an order or decision of the State Engineer acting as an officer of the court, the State Engineer may petition the district court having jurisdiction of the matter for a review of such order and cause to be issued thereon an order to show cause why the order and decision should not be complied with.

3. The order to show cause shall be personally served on the claimant or claimants complained of, who shall appear and show cause on the day fixed in the court’s order so to do.

4. The hearing on the petition and order to show cause shall be informal and summary in character, with full opportunity afforded each party to present his or her case.

5. Appeals from the judgment may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution in like manner as appeals in other civil cases; but notice of appeal must be served and filed within 40 days from the entry of judgment.

[36 1/2:140:1913; added 1927, 337 ; A 1951, 132 ]—(NRS A 2013, 1786 )

NRS 533.225

NRS

533.225

County clerk to transmit certified copy of decree to State Engineer; effectiveness of decree.

Immediately upon the entry of any decree by the court, the county clerk shall transmit a certified copy of the decree to the State Engineer, who shall immediately enter the same upon the records of the Office of the State Engineer. The decree, subject only to the provisions of law relating to appeal and stay of proceedings, shall be in full force and effect.

[37:140:1913; A 1915, 378 ; 1919 RL p. 3234; NCL § 7927]

NRS 533.230

NRS

533.230

Division of water by State Engineer during time order of determination is pending in district court.

From and after the filing of the order of determination, evidence and transcript with the county clerk, and during the time the hearing of the order is pending in the district court, the division of water from the stream involved in such determination shall be made by the State Engineer in accordance with the order of determination.

[38:140:1913; A 1915, 378 ; 1919 RL p. 3234; NCL § 7928]

NRS 533.235

NRS

533.235

Operation of order of determination may be stayed by filing bond with court; conditions of bond; duties of State Engineer.

1. At any time after the order of determination, evidence and transcript has been filed with the clerk of the court, the operation of the order of determination may be stayed in whole or in part by any party upon filing a bond in the court wherein such determination is pending in such amount as the judge thereof may prescribe, conditioned that such party will pay all damage that may accrue by reason of such determination not being enforced, pending a decree by the court.

2. Immediately upon the filing and approval of such bond, the clerk of the court shall transmit to the State Engineer a certified copy of such bond, which shall be recorded in the records of the Office of the State Engineer, and the State Engineer shall act in accordance with such stay.

[39:140:1913; A 1915, 378 ; 1919 RL p. 3234; NCL § 7929]

NRS 533.240

NRS

533.240

All claimants to be made parties in any suit brought to determine rights; State Engineer to prepare hydrographic survey of stream system; costs; transfer of suit to State Engineer for determination.

1. In any suit brought in the district court for the determination of a right or rights to the use of water of any stream, all persons who claim the right to use the waters of such stream and the stream system of which it is a part shall be made parties.

2. When the suit has been filed, the court shall direct the State Engineer to furnish a complete hydrographic survey of the stream system as provided in NRS 533.100

in order to obtain all physical data necessary to the determination of the rights involved.

1. The cost of the suit, including the costs on behalf of the State and of the surveys, shall be charged against each of the private parties thereto based on a determination by the court of the relative merits of the claims made by each of the private parties. The court may assess and charge against any party at any time during the suit an equitable amount to pay the costs of the survey upon its approval of an itemized statement therefor submitted by the State Engineer.

2. The court may at any time transfer the suit to the State Engineer for determination as provided in this chapter.

[45:140:1913; 1919 RL p. 3234; NCL § 7930]—(NRS A 1975, 71 )

NRS 533.250

NRS

533.250

Admissibility of maps, plats, surveys and evidence on file in office of State Engineer; notice by State Engineer of intention to consider evidence and submission of findings to court.

1. Any and all maps, plats, surveys and evidence on file in the Office of the State Engineer relating to any proof of appropriation involved in the proceeding for the determination of the relative rights in and to the waters of any stream system, obtained or filed under the provisions of this chapter or any preceding act relating to the Office of State Engineer, shall be admissible in court and shall have the same force and effect as though obtained and submitted under the provisions of this chapter.

2. At least 90 days prior to the rendering of his or her order of determination of the relative rights in and to the waters of any stream system, the State Engineer shall notify all parties in interest of his or her intention to consider such maps, plats and evidence, and of his or her intention to submit the findings of the State Engineer to the court under the provisions of this chapter.

3. Within 60 days after such notice, any party in interest may file with the State Engineer any additional or supplementary maps, plats, surveys or evidence, or objections to the admissibility of any evidence hitherto presented and on file in the office of the State Engineer, in relation to his or her claim of water right or adverse to the claim or claims of the water right of any other party or parties in interest, in order so to perfect his or her claim in accordance with the provisions of this chapter, and the State Engineer shall consider the whole thereof in rendering such order of determination, and the same shall become a part of the record which shall be submitted to the court as provided by NRS 533.165 to 533.235 , inclusive.

[88a:140:1913; added 1915, 378 ; 1919 RL p. 3248; NCL § 7975]—(NRS A 2017, 713 , 3558 )

NRS 533.255

NRS

533.255

Submission of findings made before March 25, 1915.

In all cases where the State Engineer has issued findings prior to March 25, 1915, declaring the relative rights of appropriators in and to the waters of any stream system, the same may be submitted to the court under the provisions of NRS 533.165 to 533.235 , inclusive.

[88b:140:1913; added 1915, 378 ; 1919 RL p. 3249; NCL § 7976]

NRS 533.260

NRS

533.260

Regulations of State Engineer requiring blueprints from claimants to be attached to proofs.

The State Engineer shall have power to make and enforce such reasonable rules and regulations for the furnishing by claimants of blueprints of particular parcels of land shown on the map prepared by the State Engineer, and for such supplementary surveys and examinations or such inspection by the State Engineer as may be required, to the end that observations and surveys of the State Engineer may be made, insofar as practicable, available to the claimants for attachment to the proofs to be filed by them.

[50:140:1913; 1919 RL p. 3235; NCL § 7935]

NRS 533.265

NRS

533.265

State Engineer to issue certificates upon final determination of relative rights; contents of certificates; exceptions.

1. Upon the final determination of the relative rights in and to the waters of any stream system, the State Engineer shall issue to each person represented in such determination a certificate to be signed by the State Engineer, and bearing the seal of the Office of the State Engineer.

2. The certificate shall set forth:

(a) The name and post office address of the owner of the right.

(b) The date of priority.

(c) Extent and purpose of such right.

(d) If such water is for irrigation purposes, a description of the land, by legal subdivisions when possible, to which the water is appurtenant.

1. Such certificate shall be transmitted by the State Engineer in person or by registered or certified mail to the owner.

2. No certificate need be issued by the State Engineer when printed copies of any decree of final determination of relative rights contain a listing of the individual rights so determined.

[51:140:1913; 1919 RL p. 3235; NCL § 7936]—(NRS A 1957, 530 ; 1967, 191 ; 1975, 713 )

NRS 533.270

NRS

533.270

Water commissioners: Appointment; duties and salaries; exemption from state human resources system; district supervisors.

1. The State Engineer shall appoint, subject to confirmation by any court having jurisdiction, one or more water commissioners for any stream system or water district subject to regulation and control by the State Engineer. The duties and salaries of the water commissioners must be fixed by the State Engineer and their salaries must be paid by the State of Nevada out of the water distribution accounts. The water commissioners are exempt from the provisions of chapter 284 of NRS.

2. The State Engineer shall appoint a district supervisor of water commissioners and fix the district supervisor’s duties. The district supervisor is in the unclassified service of the State.

[Part 52:140:1913; A 1915, 378 ; 1919, 384 ; 1921, 171 ; 1931, 357 ; 1945, 87 ; 1947, 518 ; 1951, 132 ]—(NRS A 1957, 530 ; 1961, 490 ; 1967, 1501 ; 1971, 1440 ; 1979, 666 , 1112 ;

1981, 1283 )

NRS 533.275

NRS

533.275

Engineer for supervision of distribution: Appointment; salary and expenses; additional work.

1. The State Engineer may appoint an engineer, who is qualified in hydrographic and water distribution experience, to work in a supervisory capacity on water distribution and regulation service upon all adjudicated stream systems within the State.

2. While engaged in that work, the salary and expenses of the engineer must be charged to the particular adjudicated stream system receiving the service upon the basis of time occupied and expenses incurred in the work, and payment must be made out of the water distribution account provided for the adjudicated stream system.

3. When the engineer is not engaged in water distribution, additional work may be allotted to the engineer by the State Engineer, and payment therefor must be from other money available to the Office of the State Engineer.

[Part 52:140:1913; A 1915, 378 ; 1919, 384 ; 1921, 171 ; 1931, 357 ; 1945, 87 ; 1947, 518 ; 1951, 132 ]—(NRS A 1979, 666 )

NRS 533.280

NRS

533.280

Annual budget for stream system or water district: Preparation; contents; limitation on assessment.

1. The State Engineer shall, between the first Monday of October and the first Monday of December of each year, prepare a budget of the amount of money estimated to be necessary to pay the expenses of administering the stream system or each water district for the then current year.

2. The budget must show the following detail:

(a) The aggregate amount estimated to be necessary to pay the expenses of administering the stream system or water district.

(b) The aggregate water rights in the stream system or water district as determined by the State Engineer or the court.

(c) The unit charge necessary to provide the money required.

(d) The charge against each water user, which must be based upon the proportion which the water right of that water user bears to the aggregate water rights in the stream system, but the minimum charge is $1.

1. When the stream system lies in more than one county, a separate budget must be prepared for each county showing only the claimants and charges assessable within the county.

2. When the stream system irrigates more than 200,000 acres of land, the assessment for water distribution expenses must not exceed $1 per acre-foot of water decreed.

[Part 52:140:1913; A 1915, 378 ; 1919, 384 ; 1921, 171 ; 1931, 357 ; 1945, 87 ; 1947, 518 ; 1951, 132 ]—(NRS A 1957, 531 ; 1959, 139 ; 1971, 661 ; 1979, 227 ; 1989, 535 ; 1993, 2081 ; 2003, 352 ; 2017, 713 , 1111 )

NRS 533.290

NRS

533.290

Water District Account: Creation; deposit and use of money; accounting.

1. The assessments and charges provided for in NRS 533.285 , when collected, must be deposited with the State Controller in the same manner as other special assessments, for credit to the Water District Account which is hereby created in the State General Fund.

2. All bills against the Water District Account must be certified by the State Engineer or an assistant thereof and, when certified and approved by the State Board of Examiners, the State Controller may draw his or her warrant therefor against the Account.

3. An advance must not be made from a stream system account that has been depleted until the advance is reimbursable from the proceeds of any assessments levied against the particular stream system or water district for which any claims are presented.

4. Any money remaining in the Water District Account at the end of the current year must remain in the Account and be available for use in the following year.

5. The State Controller shall keep separate accounts of the money for each stream system or water district received from the various counties within which the stream system or water district is located, and shall not draw warrants against an account until the State Controller has been notified by the State Engineer that assessments have been filed with the board of county commissioners, as required by NRS 533.285 , that will return to the State of Nevada money advanced by the State out of the Water Distribution Revolving Account provided for in NRS 532.210 .

[Part 52:140:1913; A 1915, 378 ; 1919, 384 ; 1921, 171 ; 1931, 357 ; 1945, 87 ; 1947, 518 ; 1951, 132 ]—(NRS A 1979, 667 ; 1991, 1783 ; 1995, 221 ; 2001, 2927 )

NRS 533.300

NRS

533.300

State to be divided into water districts; appointment of advisory boards by State Engineer; meetings.

1. The State Engineer shall divide the State into water districts, to be so constituted as to insure the best protection for the water users, and the most economical water supervision on the part of the State. The water districts must not be created until a necessity therefor arises and must be created from time to time as the priorities and claims to the streams of the State are determined.

2. Upon the creation of a water district the State Engineer may appoint an advisory board of representative citizens within the district to assist the State Engineer in formulating plans and projects for the conservation of the water resources and the use thereof in the district. The per diem and necessary travel and subsistence expenses of the appointive members of the board must be paid from the account provided for the district in NRS 533.290 ; but the total annual per diem, travel and subsistence expenses of the members for each district must not exceed $800. The State Engineer may call such meetings of the board as in the opinion of the State Engineer may be necessary and expedient.

[53:140:1913; A 1947, 518 ; 1943 NCL § 7938]—(NRS A 1979, 667 )

NRS 533.305

NRS

533.305

Division of water among ditches and reservoirs; regulation of distribution among users; notice of regulation by water commissioner; duties of district attorney.

1. The State Engineer shall divide or cause to be divided the waters of the natural streams or other sources of supply in the State among the several ditches and reservoirs taking water therefrom, according to the rights of each, respectively, in whole or in part, and shall shut or fasten, or cause to be shut or fastened, the headgates or ditches, and shall regulate, or cause to be regulated, the controlling works of reservoirs, as may be necessary to insure a proper distribution of the waters thereof.

2. The State Engineer shall have authority to regulate the distribution of water among the various users under any ditch or reservoir, whose rights have been adjudicated, or whose rights are listed with the clerk of any district court of this state pursuant to the terms of this chapter, the actual cost of such regulation being paid by the ditch or reservoir receiving such service.

3. Whenever, in pursuance of his or her duties, the water commissioner regulates a headgate to a ditch or the controlling works of reservoirs, the water commissioner shall attach to such headgate or controlling works a written notice properly dated and signed, setting forth the fact that such headgate or controlling works has been properly regulated and is wholly under the water commissioner’s control. Such notice shall be a legal notice to all parties interested in the diversion and distribution of the water of such ditch or reservoir. Such water commissioner shall have the right of ingress and egress across and upon public, private or corporate lands at all times in the exercise of his or her duties.

4. The district attorney shall appear for or in behalf of the State Engineer, or the duly authorized assistants of the State Engineer, in any case which may arise in the pursuance of the official duties of any such officer within the jurisdiction of the district attorney.

[54:140:1913; A 1929, 298 ; 1951, 132 ]

NRS 533.310

NRS

533.310

Administration of distribution by State Engineer if rights determined in manner other than provided in

NRS 533.090

to

533.265

, inclusive: Petition to district court; notice; hearing; order; appeal.

1. On any stream in this state on which the water rights have been adjudicated and determined and the final decree therefor entered, as between all persons who claimed the right to the use of the waters of such stream, in a suit brought in the district court having jurisdiction of such stream and in which suit the adjudication and determination was not had in the manner provided in NRS 533.087 to 533.265 , inclusive, and thereafter one or more of the parties as users of such adjudicated and determined rights or their successors in interest desire that the State Engineer take charge of the diversions and distribution of such rights and administer them in conformity with the final decree of the court, they may petition the district court which entered the decree requesting such administration.

2. Upon the filing of such petition, the district court shall direct that notice of the filing of the petition shall be given to each water user or claimant to a water right listed in the final decree. The notice shall be an order to show cause on the day fixed in the order by the court, which day shall not be less than 10 days nor more than 25 days from and after the date of issuance thereof, and which order shall direct the person or persons therein named to attend before the court on that day and show cause, if any they or each of them may have, why the petition should not be granted. The court shall designate the form and direct the preparation of the order or orders to show cause and by its order direct the manner, mode and the payment of the cost of the service thereof.

3. For the purpose of the hearing on the petition, such petition shall be deemed in the nature of a complaint. Objections of the water users or claimants, or any of them, to the granting of the petition shall be in writing signed by such users or claimants, or by any attorneys thereof. No other pleading shall be filed. Costs shall be paid as in civil cases brought in the district court, except by the State Engineer or the State. The practice in civil cases shall apply insofar as consistent with the summary character of the proceedings. The State Engineer shall be given notice of and, in person or by assistant or deputy state engineer, shall attend upon the hearing of the petition.

4. The court, prior to the final determination of the matter, may, by an order duly entered and served upon the State Engineer, direct the State Engineer to make a hydrographic survey of the stream system and to render to the court a written report, together with such maps and other necessary data as will enable the court to determine whether or not administration of such water rights by the State Engineer would be in the best interest of the water users.

5. If the district court finally determines the matter affirmatively, the court shall, by its judgment duly entered and served on the State Engineer, direct the State Engineer to distribute such waters in strict accordance with the decree, and from and after the filing of such judgment in the district court and service thereof on the State Engineer the administration of the decree and the distribution of the water thereunder shall be under the supervision and control of the district court, and the State Engineer, the State Engineer’s deputies, assistants and water commissioners, when engaged in the administration of the final decree and the distribution of the water thereunder, shall be deemed officers of the district court only and subject only to its supervision and control.

6. Appeals may be taken from the judgment so entered to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution in the same manner and within the time as provided in NRS 533.450 .

[Part 46 1/2:140:1913; added 1947, 518 ; A 1949, 102 ; 1951, 158 ]—(NRS A 2013, 1787 )

NRS 533.315

NRS

533.315

Payment of certain costs in proceeding under

NRS 533.310

.

The cost of the hydrographic survey of the stream system and the preparation of the reports and maps by the State Engineer necessary to advise the court in proceedings under NRS 533.310 shall be paid by the water users of the stream upon approval and order of the district court of an itemized statement therefor submitted by the State Engineer.

[Part 46 1/2:140:1913; added 1947, 518 ; A 1949, 102 ; 1951, 158 ]—(NRS A 1975, 72 )

NRS 533.320

NRS

533.320

Payment of cost of administration of final decree and distribution of water; approval of budget; submission to board of county commissioners; provisions applicable.

The estimated cost of the administration of the final decree and the distribution of the waters of the stream system must be budgeted by the State Engineer in like manner and at the time as provided in NRS 533.280 . The budget must be first submitted to the district court for approval. Upon approval thereof by the district court the budget must be submitted by the district court to the board of county commissioners of the proper county and thereupon all of the provisions of NRS 533.280 to 533.295 , inclusive, govern with respect to the assessment and collection of the costs, the deposits thereof in the Water District Account in the State General Fund, and the payment of claims for the costs of administration of the final decree and the distribution of water thereunder.

[Part 46 1/2:140:1913; added 1947, 518 ; A 1949, 102 ; 1951, 158 ]—(NRS A 1991, 1784 )

APPROPRIATION OF PUBLIC WATERS

Applications, Permits and Certificates

NRS 533.324

NRS

533.324

“Water already appropriated” defined.

As used in NRS 533.325 , 533.345 and 533.425 , “water already appropriated” includes water for whose appropriation the State Engineer has issued a permit but which has not been applied to the intended use before an application to change the place of diversion, manner of use or place of use is made.

(Added to NRS by 1993, 321 )

NRS 533.325

NRS

533.325

Application to State Engineer for permit.

Except as otherwise provided in NRS 533.027 , 533.028 and 534.065 , any person who wishes to appropriate any of the public waters, or to change the place of diversion, manner of use or place of use of water already appropriated, shall, before performing any work in connection with such appropriation, change in place of diversion or change in manner or place of use, apply to the State Engineer for a permit to do so.

[Part 59:140:1913; A 1919, 71 ; 1951, 132 ]—(NRS A 1991, 859 ; 2017, 1433 ; 2019, 2525 ; 2021, 1444 )

NRS 533.345

NRS

533.345

Application for permit to change place of diversion, manner of use or place of use: Contents; approval of temporary change; notice of and protest to temporary change; period of temporary change.

1. Every application for a permit to change the place of diversion, manner of use or place of use of water already appropriated must contain such information as may be necessary to a full understanding of the proposed change, as may be required by the State Engineer.

2. If an applicant is seeking a temporary change of place of diversion, manner of use or place of use of water already appropriated, the State Engineer shall approve the application if:

(a) The application is accompanied by the prescribed fees;

(b) The temporary change is in the public interest; and

(c) The temporary change does not impair the water rights held by other persons.

1. The State Engineer shall give notice of the application as provided in NRS 533.360

if:

(a) The State Engineer determines that the temporary change may not be in the public interest, or may impair the water rights held by other persons; or

(b) The temporary change is for a period of more than 1 year pursuant to subsection 5.

1. If the State Engineer gives notice of the application in accordance with subsection 3, any person interested may file a written protest to the application and the State Engineer may hold a hearing before rendering a decision in accordance with the provisions of NRS 533.365 .

2. Except as otherwise provided in this subsection, a temporary change may be granted for any period not to exceed 1 year. The State Engineer may grant a temporary change for a period of more than 1 year, but not to exceed 3 years, if the temporary change is for a renewable energy generation project.

3. As used in this section, “renewable energy generation project” has the meaning ascribed to it in NRS 701.080 .

[Part 59:140:1913; A 1919, 71 ; 1951, 132 ]—(NRS A 1989, 318 ; 2021, 125 ; 2023, 641 )

NRS 533.350

NRS

533.350

Applications to be accompanied by maps, drawings and other data.

All applications for permits shall be accompanied or followed by such maps and drawings and such other data as may be prescribed by the State Engineer, and such accompanying data shall be considered a part of the application.

[Part 59:140:1913; A 1919, 71 ; 1951, 132 ]

NRS 533.353

NRS

533.353

Application to appropriate water for beneficial use: Participation of county in development and implementation of monitoring, management and mitigation plan.

1. For each new application to appropriate water for a beneficial use filed on or after January 1, 2012, if the State Engineer requires a monitoring, management and mitigation plan as a condition of appropriating water for a beneficial use, the State Engineer shall, within 30 days after requiring the plan and if requested by the county where the State Engineer has approved the point of diversion, allow the county to participate in an advisory capacity in the development and implementation of the plan.

2. Before approving any plan developed pursuant to subsection 1 and during the period in which the plan, if approved, is carried out, the State Engineer shall consider any comment, analysis or other information submitted by the participating county. The State Engineer is not required to include any comment, analysis or other information submitted by a participating county in a monitoring, management and mitigation plan required pursuant to this section.

3. A decision by the State Engineer whether or not to include in the plan or to follow any comment, analysis or other information submitted by a participating county pursuant to this section is not subject to judicial review pursuant to NRS 533.450 .

(Added to NRS by 2013, 494 )

NRS 533.355

NRS

533.355

Receipt of application; return for correction or completion; priority of returned application; rejection; recording.

1. Upon receipt of an application, the State Engineer shall make an endorsement thereon of the date of its receipt and shall keep a record of the date. The State Engineer shall provide the application forms at no cost to the applicants.

2. Except as provided in subsection 3, if upon examination, the application is found to be defective, it must be returned for correction or completion with advice of the reasons therefor, and the date of the return must be endorsed upon the application and a record made of it in the Office of the State Engineer. An application does not lose its priority of filing on account of defects if the application, properly corrected and accompanied by such maps and drawings as may be required, is filed in the Office of the State Engineer within 60 days after the date of the return to applicant. Any application returned for correction or completion, not refiled in proper form within the 60 days, must be cancelled. For good cause shown, upon application made prior to the expiration of the 60-day period, the State Engineer may, in his or her discretion, grant an extension of time not to exceed 60 days in which to file the instruments.

3. If it appears to the State Engineer that an application, which contains information of sufficient accuracy to determine the manner of use and the location from which the water is to be diverted, must be rejected, the State Engineer may reject it without returning it for correction.

4. All applications which comply with the provisions of this chapter must be recorded in a suitable book kept for that purpose.

[60:140:1913; 1919 RL p. 3239; NCL § 7945]—(NRS A 1971, 179 ; 1981, 358 )

NRS 533.357

NRS

533.357

Priority among applications to appropriate underground water for irrigation purposes from same basin.

When two or more applications are made to appropriate underground water for irrigation purposes from what appears to the State Engineer to be the same basin the State Engineer shall observe the following order of priority in acting upon them, according to the status of the applicant and the intended place of use:

1. An owner of land for use on that land.

2. An owner of land for use on adjacent land for which he or she intends to file an application under the Carey Act or the Desert Land Entry Act, 43 U.S.C. §§ 321 et seq.

3. Any other person whose application is preparatory to proceeding under the Carey Act or the Desert Land Entry Act.

(Added to NRS by 1981, 915 )

NRS 533.360

NRS

533.360

Notice of application: Contents; publication; posting on Internet website; mailing required under certain circumstances.

1. Except as otherwise provided in subsection 4, NRS 533.345 and subsection 2 of NRS 533.370 , when an application is filed in compliance with this chapter, the State Engineer shall, within 30 days, publish or cause to be published once a week for 4 weeks in a newspaper of general circulation in the county where the point of diversion is located, and post on the Internet website of the Division of Water Resources of the State Department of Conservation and Natural Resources, a notice of the application which sets forth:

(a) That the application has been filed.

(b) The date of the filing.

(c) The name and address of the applicant.

(d) The name of the source from which the appropriation is to be made.

(e) The location of the place of diversion, described by legal subdivision or metes and bounds and by a physical description of that place of diversion.

(f) The purpose for which the water is to be appropriated.

Ê The publisher shall add thereto the date of the first publication and the date of the last publication.

1. Except as otherwise provided in subsection 4, proof of publication must be filed within 30 days after the final day of publication. The State Engineer shall pay for the publication from the application fee. If the application is cancelled for any reason before publication, the State Engineer shall return to the applicant that portion of the application fee collected for publication.

2. If the application is for a proposed well:

(a) For municipal, quasi-municipal or industrial use; and

(b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,

Ê the applicant shall mail a copy of the notice of application to each owner of real property containing a domestic well that is within 2,500 feet of the proposed well, to the owner’s address as shown in the latest records of the county assessor. If there are not more than six such wells, notices must be sent to each owner by certified mail, return receipt requested. If there are more than six such wells, at least six notices must be sent to owners by certified mail, return receipt requested. The return receipts from these notices must be filed with the State Engineer before the State Engineer may consider the application.

1. The provisions of this section do not apply to an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504 .

[61:140:1913; A 1925, 121 ; 1951, 132 ]—(NRS A 1975, 1397 ; 1981, 358 ; 1985, 489 ; 1989, 319 ; 1991, 758 ; 1993, 2641 ; 1995, 1530 ; 2001, 551 ; 2003, 2979 ; 2005, 2561 ; 2011, 756 , 1564 ;

2013, 498 , 3679 ;

2017, 3498 ; 2023, 1036 )

NRS 533.363

NRS

533.363

State Engineer to notify county commissioners of application to use water in county other than that in which it is appropriated or currently diverted or used.

1. Except as otherwise provided in subsection 2, if water for which a permit is requested is to be used in a county other than that county in which it is to be appropriated, or is to be diverted from or used in a different county than that in which it is currently being diverted or used, then the State Engineer shall give notice of the receipt of the request for the permit to:

(a) The board of county commissioners of the county in which the water for which the permit is requested will be appropriated or is currently being diverted or used; and

(b) The board of county commissioners of the county in which the water will be diverted or used.

1. The provisions of subsection 1 do not apply:

(a) To an environmental permit or a temporary permit issued pursuant to NRS 533.436 or

533.504 .

(b) If:

(1) The water is to be appropriated and used; or

(2) Both the current and requested place of diversion or use of the water are,

Ê within a single, contiguous parcel of real property.

1. A person who requests a permit to which the provisions of subsection 1 apply shall submit to each appropriate board of county commissioners a copy of the application and any information relevant to the request.

2. Each board of county commissioners which is notified of a request for a permit pursuant to this section shall consider the request at the next regular or special meeting of the board held not earlier than 3 weeks after the notice is received. The board shall provide public notice of the meeting for 3 consecutive weeks in a newspaper of general circulation in its county. The notice must state the time, place and purpose of the meeting. At the conclusion of the meeting the board may recommend a course of action to the State Engineer, but the recommendation is not binding on the State Engineer.

(Added to NRS by 1981, 782 ; A 1991, 758 ; 2011, 1565 ; 2013, 498 , 3679 )

NRS 533.364

NRS

533.364

Certain interbasin transfers of groundwater; inventory required under certain circumstances; limitations; fee; time for completion of inventory.

1. In addition to the requirements of NRS 533.370 , before approving an application for an interbasin transfer of more than 250 acre-feet of groundwater from a basin which the State Engineer has not previously inventoried or for which the State Engineer has not conducted, or caused to be conducted, a study pursuant to NRS 532.165

or 533.368 , the State Engineer or a person designated by the State Engineer shall conduct an inventory of the basin from which the water is to be exported. The inventory must include:

(a) The total amount of surface water and groundwater appropriated in accordance with a decreed, certified or permitted right;

(b) An estimate of the amount and location of all surface water and groundwater that is available for appropriation in the basin; and

(c) The name of each owner of record set forth in the records of the Office of the State Engineer for each decreed, certified or permitted right in the basin.

1. The provisions of this section do not:

(a) Require the State Engineer to initiate or complete a determination of the surface water or groundwater rights pursuant to

NRS 533.087 to 533.320 , inclusive, or to otherwise quantify any vested claims of water rights in the basin before approving an application for an interbasin transfer of groundwater from the basin; or

(b) Prohibit the State Engineer from considering information received from or work completed by another person to include in the inventory, if the inventory is otherwise conducted in accordance with the provisions of subsection 1.

1. The State Engineer shall charge the applicant a fee to cover the cost of the inventory. The amount of the fee must not exceed the cost to the State Engineer of conducting the inventory.

2. The State Engineer shall complete any inventory conducted pursuant to subsection 1 within 1 year after commencing the inventory, unless the time limit is waived by the applicant.

(Added to NRS by 2009, 595 ; A 2017, 3499 , 3559 )

NRS 533.365

NRS

533.365

Procedure concerning verified protest filed by interested person against granting of application.

1. Any person interested may, within 30 days after the date of last publication of the notice of application, file with the State Engineer a written protest against the granting of the application, setting forth with reasonable certainty the grounds of such protest, which, except as otherwise provided in subsection 2, must be verified by the affidavit of the protestant, or an agent or attorney thereof.

2. If the application is for a permit to change the place of diversion, manner of use or place of use of water already appropriated within the same basin, a protest filed against the granting of such an application by a government, governmental agency or political subdivision of a government must be verified by the affidavit of:

(a) Except as otherwise provided in paragraph (b), the director, administrator, chief, head or other person in charge of the government, governmental agency or political subdivision; or

(b) If the governmental agency or political subdivision is a division or other part of a department, the director or other person in charge of that department in this State, including, without limitation:

(1) The Regional Forester for the Intermountain Region, if the protest is filed by the United States Forest Service;

(2) The State Director of the Nevada State Office of the Bureau of Land Management, if the protest is filed by the Bureau of Land Management;

(3) The Regional Director of the Pacific Southwest Region, if the protest is filed by the United States Fish and Wildlife Service;

(4) The Regional Director of the Pacific West Region, if the protest is filed by the National Park Service;

(5) The Director of the State Department of Conservation and Natural Resources, if the protest is filed by any division of that Department; or

(6) The chair of the board of county commissioners, if the protest is filed by a county.

1. On receipt of a protest that complies with the requirements of subsection 1 or 2, the State Engineer shall advise the applicant whose application has been protested of the fact that the protest has been filed with the State Engineer, which advice must be sent by certified mail.

2. The State Engineer shall consider the protest, and may, in his or her discretion, hold hearings and require the filing of such evidence as the State Engineer may deem necessary to a full understanding of the rights involved. The State Engineer shall give notice of the hearing by certified mail to both the applicant and the protestant. The notice must state the time and place at which the hearing is to be held and must be mailed at least 15 days before the date set for the hearing.

3. Each applicant and each protestant shall, in accordance with a schedule established by the State Engineer, provide to the State Engineer and to each protestant and each applicant information required by the State Engineer relating to the application or protest.

4. If the State Engineer holds a hearing pursuant to subsection 4, the State Engineer shall render a decision on each application not later than 240 days after the later of:

(a) The date all transcripts of the hearing become available to the State Engineer; or

(b) The date specified by the State Engineer for the filing of any additional information, evidence, studies or compilations requested by the State Engineer. The State Engineer may, for good cause shown, extend any applicable period.

1. The State Engineer shall adopt rules of practice regarding the conduct of a hearing held pursuant to subsection 4. The rules of practice must be adopted in accordance with the provisions of NRS 233B.040 to 233B.120 , inclusive, and codified in the Nevada Administrative Code. The technical rules of evidence do not apply at such a hearing.

[62:140:1913; A 1951, 132 ]—(NRS A 1967, 192 ; 1993, 2081 ; 2007, 2016 ; 2011, 757 , 3505 )

NRS 533.367

NRS

533.367

Requirement to ensure access of wildlife to water it customarily uses; waiver.

Before a person may obtain a right to the use of water from a spring or water which has seeped to the surface of the ground, the person must ensure that wildlife which customarily uses the water will have access to it. The State Engineer may waive this requirement for a domestic use of water.

(Added to NRS by 1981, 1840 )

NRS 533.368

NRS

533.368

Hydrological, environmental or other study: State Engineer to determine need for study; cost of study paid by applicant; regulations.

1. If the State Engineer determines that a hydrological study, an environmental study or any other study is necessary before the State Engineer makes a final determination on an application pursuant to NRS 533.370 and the applicant, a governmental agency or other person has not conducted such a study or the required study is not available, the State Engineer shall advise the applicant of the need for the study and the type of study required.

2. The required study must be conducted by the State Engineer or by a person designated by the State Engineer, the applicant or a consultant approved by the State Engineer, as determined by the State Engineer.

3. The applicant shall bear the cost of a study required pursuant to subsection 1. A study must not be conducted by the State Engineer or by a person designated by the State Engineer until the applicant has paid a cash deposit to the State Engineer which is sufficient to defray the cost of the study.

4. The State Engineer shall:

(a) Consult with the applicant and the governing body of the county or counties in which the point of diversion and the place of use is located concerning the scope and progress of the study.

(b) Send a copy of the completed study to all attorneys of record, to a public library, if any, or other public building located in the county of origin, to the county or counties in which the point of diversion and the place of use is located and to the governing bodies of the county of origin and of the county or counties in which the point of diversion and the place of use is located.

1. The State Engineer may adopt regulations to carry out the provisions of this section.

(Added to NRS by 1991, 1367 )

NRS 533.370

NRS

533.370

Approval or rejection of application by State Engineer: Conditions; exceptions; considerations; procedure.

1. Except as otherwise provided in this section and NRS 533.0241 , 533.345 , 533.371 ,

533.372 and 533.503 , the State Engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:

(a) The application is accompanied by the prescribed fees;

(b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the efficiency of the district in its delivery or use of water; and

(c) The applicant provides proof satisfactory to the State Engineer of the applicant’s:

(1) Intention in good faith to construct any work necessary to apply the water to the intended beneficial use with reasonable diligence; and

(2) Financial ability and reasonable expectation actually to construct the work and apply the water to the intended beneficial use with reasonable diligence.

1. Except as otherwise provided in subsection 10, where there is no unappropriated water in the proposed source of supply, where the groundwater that has not been committed for use has been reserved pursuant to NRS 533.0241 or where its proposed use or change conflicts with existing rights or with protectable interests in existing domestic wells as set forth in NRS 533.024 , or threatens to prove detrimental to the public interest, the State Engineer shall reject the application and refuse to issue the requested permit. If a previous application for a similar use of water within the same basin has been rejected on those grounds, the new application may be denied without publication.

2. In addition to the criteria set forth in subsections 1 and 2, in determining whether an application for an interbasin transfer of groundwater must be rejected pursuant to this section, the State Engineer shall consider:

(a) Whether the applicant has justified the need to import the water from another basin;

(b) If the State Engineer determines that a plan for conservation of water is advisable for the basin into which the water is to be imported, whether the applicant has demonstrated that such a plan has been adopted and is being effectively carried out;

(c) Whether the proposed action is environmentally sound as it relates to the basin from which the water is exported;

(d) Whether the proposed action is an appropriate long-term use which will not unduly limit the future growth and development in the basin from which the water is exported; and

(e) Any other factor the State Engineer determines to be relevant.

1. Except as otherwise provided in this subsection and subsections 6 and 10 and NRS 533.365 , the State Engineer shall approve or reject each application within 2 years after the final date for filing a protest. The State Engineer may postpone action:

(a) Upon written authorization to do so by the applicant.

(b) If an application is protested.

(c) If the purpose for which the application was made is municipal use.

(d) In areas where studies of water supplies have been determined to be necessary by the State Engineer pursuant to NRS 533.368 .

(e) Where court actions or adjudications are pending, which may affect the outcome of the application.

(f) In areas in which adjudication of vested water rights is deemed necessary by the State Engineer.

(g) On an application for a permit to change a vested water right in a basin where vested water rights have not been adjudicated.

(h) Where authorized entry to any land needed to use the water for which the application is submitted is required from a governmental agency.

(i) On an application for which the State Engineer has required additional information pursuant to NRS 533.375 .

1. If the State Engineer does not act upon an application in accordance with subsections 4 and 6, the application remains active until approved or rejected by the State Engineer.

2. Except as otherwise provided in this subsection and subsection 10, the State Engineer shall approve or reject, within 6 months after the final date for filing a protest, an application filed to change the point of diversion of water already appropriated when the existing and proposed points of diversion are on the same property for which the water has already been appropriated under the existing water right or the proposed point of diversion is on real property that is proven to be owned by the applicant and is contiguous to the place of use of the existing water right. The State Engineer may postpone action on the application pursuant to subsection 4.

3. If the State Engineer has not approved, rejected or held a hearing on an application within 7 years after the final date for filing a protest, the State Engineer shall cause notice of the application to be republished and reposted pursuant to NRS 533.360 immediately preceding the time at which the State Engineer is ready to approve or reject the application. The cost of the republication must be paid by the applicant. After such republication and reposting, a protest may be filed in accordance with NRS 533.365 .

4. If a hearing is held regarding an application, the decision of the State Engineer must be in writing and include findings of fact, conclusions of law and a statement of the underlying facts supporting the findings of fact. The written decision may take the form of a transcription of an oral ruling. The rejection or approval of an application must be endorsed on a copy of the original application, and a record must be made of the endorsement in the records of the State Engineer. The copy of the application so endorsed must be returned to the applicant. Except as otherwise provided in subsection 11, if the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected, the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water while the rejection continues in force.

5. If a person is the successor in interest of an owner of a water right or an owner of real property upon which a domestic well is located and if the former owner of the water right or real property on which a domestic well is located had previously filed a written protest against the granting of an application, the successor in interest must be allowed to pursue that protest in the same manner as if the successor in interest were the former owner whose interest he or she succeeded. If the successor in interest wishes to pursue the protest, the successor in interest must notify the State Engineer in a timely manner on a form provided by the State Engineer.

6. The provisions of subsections 1 to 9, inclusive, do not apply to an application for an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504 .

7. The provisions of subsection 8 do not authorize the recipient of an approved application to use any state land administered by the Division of State Lands of the State Department of Conservation and Natural Resources without the appropriate authorization for that use from the State Land Registrar.

8. As used in this section, “domestic well” has the meaning ascribed to it in NRS 534.350 .

[63:140:1913; A 1945, 87 ; 1947, 777 ; 1949, 102 ; 1943 NCL § 7948]—(NRS A 1959, 554 ; 1973, 865 , 1603 ;

1977, 1171 ; 1981, 209 , 359 ;

1989, 319 ; 1991, 759 , 1369 ;

1993, 1459 , 2082 ,

2349 ;

1995, 319 , 697 ,

2523 ;

1999, 1045 ; 2001, 552 ; 2003, 2980 ; 2005, 2561 ; 2007, 2017 ; 2009, 597 ; 2011, 758 , 1566 ;

2013, 499 , 3679 ;

2019, 2516 ; 2023, 1037 )

NRS 533.3703

NRS

533.3703

Consideration of consumptive use of water right and proposed beneficial use of water.

1. The State Engineer may consider the consumptive use of a water right and the consumptive use of a proposed beneficial use of water in determining whether a proposed change in the place of diversion, manner of use or place of use complies with the provisions of subsection 2 of NRS 533.370 .

2. The provisions of this section:

(a) Must not be applied by the State Engineer in a manner that is inconsistent with any applicable federal or state decree concerning consumptive use.

(b) Do not apply to any decreed, certified or permitted right to appropriate water which originates in the Virgin River or the Muddy River.

(Added to NRS by 2007, 2015 ; A 2011, 761 )

NRS 533.3705

NRS

533.3705

Limitation on initial quantity of water approved for application; additional studies or evidence may be required; action by State Engineer on other applications in same basin.

1. Upon approval of an application to appropriate water, the State Engineer may limit the initial use of water to a quantity that is less than the total amount approved for the application. The use of an additional amount of water that is not more than the total amount approved for the application may be authorized by the State Engineer at a later date if additional evidence demonstrates to the satisfaction of the State Engineer that the additional amount of water is available and may be appropriated in accordance with this chapter and chapter 534

of NRS. In making that determination, the State Engineer may establish a period during which additional studies may be conducted or additional evidence provided to support the application.

1. In any basin in which an application to appropriate water is approved pursuant to subsection 1, the State Engineer may act upon any other pending application to appropriate water in that basin that the State Engineer concludes constitutes the use of a minimal amount of water.

(Added to NRS by 2007, 2015 )

NRS 533.371

NRS

533.371

Rejection of application for permit for specified period.

The State Engineer shall reject the application and refuse to issue a permit to appropriate water for a specified period if the State Engineer determines that:

1. The application is incomplete;

2. The prescribed fees have not been paid;

3. The proposed use is not temporary;

4. There is no water available from the proposed source of supply without exceeding the perennial yield or safe yield of that source;

5. The groundwater that has not been committed for use from the proposed source of supply has been reserved pursuant to NRS 533.0241 ;

6. The proposed use conflicts with existing rights; or

7. The proposed use threatens to prove detrimental to the public interest.

(Added to NRS by 1991, 1368 ; A 2019, 2518 )

NRS 533.372

NRS

533.372

Approval or rejection of application to use water to generate energy for export.

Based upon the public interest and the economic welfare of the State of Nevada, the State Engineer may approve or disapprove any application of water to beneficial use or any application which contemplates a change in the place or beneficial use of water to a use involving the industrial purpose of generating energy to be exported out of this state.

(Added to NRS by 1981, 210 ; A 1981, 1434 ; 1991, 296 )

NRS 533.375

NRS

533.375

State Engineer may require additional information before approval or rejection of application.

Before either approving or rejecting the application, the State Engineer may require such additional information as will enable the State Engineer to guard the public interest properly, and may, in the case of an application proposing to divert more than 10 cubic feet per second of water, or in the case of multiple applications whose cumulative diversions for a single project total more than 10 cubic feet per second of water, require a statement of the following facts:

1. In the case of an incorporated company the State Engineer may require the submission of the articles of incorporation, and the names and places of residence of directors and officers, and the amount of its authorized and of its paid-up capital.

2. If the applicant is not an incorporated company, the State Engineer may require a statement as to the name of the person proposing to construct the work, and a showing of facts necessary to enable the State Engineer to determine whether the applicant has the financial ability to carry out the proposed work, and whether the application has been made in good faith.

[64:140:1913; 1919 RL p. 3241; NCL § 7949]—(NRS A 1991, 61 )

NRS 533.380

NRS

533.380

Time for completion of work and application of water to beneficial use; limitations and extensions; regulations.

1. Except as otherwise provided in subsection 5, in an endorsement of approval upon any application, the State Engineer shall:

(a) Set a time before which the construction of the work must be completed, which must be within 5 years after the date of approval.

(b) Except as otherwise provided in this paragraph, set a time before which the complete application of water to a beneficial use must be made, which must not exceed 10 years after the date of the approval. The time set under this paragraph respecting an application for a permit to apply water to a municipal or quasi-municipal use on any land:

(1) For which a final subdivision map has been recorded pursuant to chapter 278 of NRS;

(2) For which a plan for the development of a project has been approved by the local government pursuant to NRS 278.010 to 278.460 , inclusive; or

(3) On any land for which a plan for the development of a planned unit development has been recorded pursuant to chapter 278A of NRS,

Ê must not be less than 5 years.

1. The State Engineer may limit the applicant to a smaller quantity of water, to a shorter time for the completion of work, and, except as otherwise provided in paragraph (b) of subsection 1, to a shorter time for the perfecting of the application than named in the application.

2. Except as otherwise provided in subsection 4 and NRS 533.395 and 533.4377 , the State Engineer may, for good cause shown, grant any number of extensions of time within which construction work must be completed, or water must be applied to a beneficial use under any permit therefor issued by the State Engineer, but a single extension of time must not exceed 5 years. An application for the extension must in all cases be:

(a) Made within 30 days following notice by registered or certified mail that proof of the work is due as provided for in NRS 533.390 and 533.410 ; and

(b) Accompanied by proof and evidence of the good faith and reasonable diligence with which the applicant is pursuing the perfection of the application.

Ê The State Engineer shall not grant an extension of time unless the State Engineer determines from the proof and evidence so submitted that the applicant is proceeding in good faith and with reasonable diligence to perfect the application. The failure to provide the proof and evidence required pursuant to this subsection is prima facie evidence that the holder is not proceeding in good faith and with reasonable diligence to perfect the application.

1. Except as otherwise provided in subsection 5 and NRS 533.395 , whenever the holder of a permit issued for any municipal or quasi-municipal use of water on any land referred to in paragraph (b) of subsection 1, or for any use which may be served by a county, city, town, public water district or public water company, requests an extension of time to apply the water to a beneficial use, the State Engineer shall, in determining whether to grant or deny the extension, consider, among other factors:

(a) Whether the holder has shown good cause for not having made a complete application of the water to a beneficial use;

(b) The number of parcels and commercial or residential units which are contained in or planned for the land being developed or the area being served by the county, city, town, public water district or public water company;

(c) Any economic conditions which affect the ability of the holder to make a complete application of the water to a beneficial use;

(d) Any delays in the development of the land or the area being served by the county, city, town, public water district or public water company which were caused by unanticipated natural conditions; and

(e) The period contemplated in the:

(1) Plan for the development of a project approved by the local government pursuant to NRS 278.010 to 278.460 , inclusive; or

(2) Plan for the development of a planned unit development recorded pursuant to chapter 278A of NRS,

Ê if any, for completing the development of the land.

1. The provisions of subsections 1 and 4 do not apply to an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504 .

2. For the purposes of this section, the measure of reasonable diligence is the steady application of effort to perfect the application in a reasonably expedient and efficient manner under all the facts and circumstances. When a project or integrated system is composed of several features, work on one feature of the project or system may be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.

3. The State Engineer shall:

(a) Adopt any regulation necessary to carry out the provisions of this section; and

(b) Provide a copy of such regulations to any person upon request.

[65:140:1913; A 1951, 132 ]—(NRS A 1967, 193 ; 1981, 113 , 1838 ;

1989, 1052 , 1400 ;

1991, 759 ; 1993, 2349 ; 2009, 644 ; 2011, 1568 ; 2013, 501 , 3679 ;

2017, 3500 ; 2019, 2623 )

NRS 533.384

NRS

533.384

Filings required by person to whom conveyance is made.

1. A person to whom is conveyed an application or permit to appropriate any of the public waters, a certificate of appropriation, an adjudicated or unadjudicated water right or an application or permit to change the place of diversion, manner of use or place of use of water, shall:

(a) File with the State Engineer, together with the prescribed fee, a report of conveyance which includes the following information on a form to be provided by the State Engineer:

(1) An abstract of title;

(2) Except as otherwise provided in subsection 2, a copy of any deed, written agreement or other document pertaining to the conveyance; and

(3) Any other information requested by the State Engineer.

(b) If the place of use of the water is wholly or partly within the boundaries of an irrigation district, file with the irrigation district:

(1) An abstract of title; and

(2) Except as otherwise provided in subsection 2, a copy of any deed, written agreement or other document pertaining to the conveyance.

1. The governing body of any local government of this State and any public utility which is a purveyor of water within the State may submit an affidavit or other document upon oath in lieu of the documents otherwise required by subparagraph (2) of paragraphs (a) and (b) of subsection 1, if the State Engineer finds that:

(a) The affidavit clearly indicates that rights for diverting or appropriating water described in the affidavit are owned or controlled by the governing body or utility; and

(b) The affiant is qualified to sign the affidavit.

(Added to NRS by 1995, 434 )

NRS 533.386

NRS

533.386

Duties of State Engineer concerning conveyances; administrative action required upon entry of final judgment of court.

1. The State Engineer shall confirm that the report of conveyance required by paragraph (a) of subsection 1 of NRS 533.384 includes all material required by that subsection and that:

(a) The report is accompanied by the prescribed fee;

(b) No conflict exists in the chain of title that can be determined by the State Engineer from the conveyance documents or other information on file in the Office of the State Engineer; and

(c) The State Engineer is able to determine the rate of diversion and the amount of water conveyed in acre-feet or million gallons from the conveyance documents or other information on file in the Office of the State Engineer.

1. If the State Engineer confirms a report of conveyance pursuant to subsection 1, the State Engineer shall in a timely manner provide a notice of the confirmation to the person who submitted the report of conveyance. The notice must include, without limitation:

(a) A statement indicating that neither the confirmation of the report of conveyance nor the report of conveyance, if the report sets forth the amount of water conveyed, guarantees that:

(1) The water right is in good standing with the Office of the State Engineer; or

(2) The amount of water referenced in the notice or in the report of conveyance is the actual amount of water that a person is entitled to use upon conveyance of the application or permit to appropriate any of the public waters, the certificate of appropriation, the adjudicated or unadjudicated water right, or the application or permit to change the place of diversion, manner of use or place of use of water.

(b) A statement that the confirmation of the report of conveyance is not a determination of ownership and that only a court of competent jurisdiction may adjudicate conflicting claims to ownership of a water right.

1. If the State Engineer determines that the report of conveyance is deficient, the State Engineer shall reject the report of conveyance and return it to the person who submitted it, together with:

(a) An explanation of the deficiency; and

(b) A notice stating that the State Engineer will not confirm a report of conveyance that has been rejected unless the report is resubmitted with the material required to cure the deficiency. The notice must also include a statement of the provisions of subsection 5.

1. If, from the conveyance documents or other information in the Office of the State Engineer, it appears to the State Engineer that there is a conflict in the chain of title, the State Engineer shall reject the report of conveyance and return it to the person who submitted it, together with:

(a) An explanation that a conflict appears to exist in the chain of title; and

(b) A notice stating that the State Engineer will not take further action with respect to the report of conveyance until a court of competent jurisdiction has determined the conflicting claims to ownership of the water right and the determination has become final or until a final resolution of the conflicting claims has otherwise occurred. The notice must also include a statement of the provisions of subsection 5.

1. The State Engineer shall not consider or treat the person to whom:

(a) An application or permit to appropriate any of the public waters;

(b) A certificate of appropriation;

(c) An adjudicated or unadjudicated water right; or

(d) An application or permit to change the place of diversion, manner of use or place of use of water,

Ê is conveyed as the owner or holder of the application, right, certificate or permit for the purposes of this chapter, including, without limitation, all advisements and other notices required of the State Engineer and the granting of permits to change the place of diversion, manner of use or place of use of water, until a report of the conveyance is confirmed pursuant to subsection 1.

1. If the State Engineer is notified that a court of competent jurisdiction has entered a judgment confirming ownership of a water right or resolving a conflict in a chain of title, and that the judgment has become final, the State Engineer shall take such administrative action as is appropriate or necessary to conform the records of the Office of the State Engineer with the judgment of the court, including, without limitation, amending or withdrawing a permit or certificate that was previously approved by the State Engineer.

(Added to NRS by 1995, 435 ; A 2003, 2982 ; 2005, 2563 )

NRS 533.390

NRS

533.390

Statement of work actually constructed; verification; penalty for failure to file proof of completion of work.

1. Any person holding a permit from the State Engineer shall, on or before the date set for the completion of the work, file in detail a description of the work as actually constructed. This statement must be verified by the affidavit of the applicant or the applicant’s agent or attorney.

2. Should any person holding a permit from the State Engineer fail to file with the State Engineer the proof of completion of work, as provided in this chapter, the State Engineer shall advise the holder of the permit, by registered or certified mail, that it is held for cancellation, and should the holder, within 30 days after the mailing of such advice, fail to file the required affidavit, the State Engineer shall cancel the permit. For good cause shown, upon application made prior to the expiration of the 30-day period, the State Engineer may, in his or her discretion, grant an extension of time in which to file the instruments.

[67:140:1913; A 1951, 132 ]—(NRS A 1967, 194 ; 1981, 113 )

NRS 533.395

NRS

533.395

State Engineer may require proof of good faith and reasonable diligence; cancellation of permit; review of cancellation; considerations when reviewing extension of time.

1. If, at any time in the judgment of the State Engineer, the holder of any permit to appropriate the public water is not proceeding in good faith and with reasonable diligence to perfect the appropriation, the State Engineer shall require the submission of such proof and evidence as may be necessary to show a compliance with the law. If, in the judgment of the State Engineer, the holder of a permit is not proceeding in good faith and with reasonable diligence to perfect the appropriation, the State Engineer shall cancel the permit, and advise the holder of its cancellation. The failure to provide the proof and evidence required pursuant to this subsection is prima facie evidence that the holder is not proceeding in good faith and with reasonable diligence to perfect the appropriation.

2. If any permit is cancelled under the provisions of this section or NRS 533.390

or 533.410 , the holder of the permit may within 60 days of the cancellation of the permit file a written petition with the State Engineer requesting a review of the cancellation by the State Engineer at a public hearing. The State Engineer may, after receiving and considering evidence, affirm, modify or rescind the cancellation.

1. If the decision of the State Engineer modifies or rescinds the cancellation of a permit, the effective date of the appropriation under the permit is vacated and replaced by the date of the filing of the written petition with the State Engineer.

2. The cancellation of a permit may not be reviewed or be the subject of any judicial proceedings unless a written petition for review has been filed and the cancellation has been affirmed, modified or rescinded pursuant to subsection 2.

3. For the purposes of this section, the measure of reasonable diligence is the steady application of effort to perfect the appropriation in a reasonably expedient and efficient manner under all the facts and circumstances. When a project or integrated system is comprised of several features, work on one feature of the project or system may be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.

4. The appropriation of water or the acquisition or lease of appropriated water from any:

(a) Stream system as provided for in this chapter; or

(b) Underground water as provided for in NRS 534.080 ,

Ê by a political subdivision of this State or a public utility, as defined in NRS 704.020 , to serve the present or the reasonably anticipated future municipal, industrial or domestic needs of its customers for water, as determined in accordance with a master plan adopted pursuant to chapter 278 of NRS or a plan approved by the State Engineer, must be considered when reviewing an extension of time.

[68:140:1913; 1919 RL p. 3242; NCL § 7953]—(NRS A 1981, 114 ; 1993, 2351 ; 1995, 2660 , 2661 )

NRS 533.400

NRS

533.400

Verified statement to be filed with State Engineer by holder of permit within time set in endorsement on permit: Contents of statement; proof of beneficial use.

1. Except as otherwise provided in subsection 2, on or before the date set in the endorsement of a permit for the application of water to beneficial use, or on the date set by the State Engineer under a proper application for extension therefor, any person holding a permit from the State Engineer to appropriate the public waters of the State of Nevada, to change the place of diversion or the manner or place of use, shall file with the State Engineer a statement under oath, on a form prescribed by the State Engineer. The statement must include:

(a) The name and post office address of the person making the proof.

(b) The number and date of the permit for which proof is made.

(c) The source of the water supply.

(d) The name of the canal or other works by which the water is conducted to the place of use.

(e) The name of the original person to whom the permit was issued.

(f) The purpose for which the water is used.

(g) If for irrigation, the actual number of acres of land upon which the water granted in the permit has been beneficially used, giving the same by 40-acre legal subdivisions when possible.

(h) An actual measurement taken by a licensed state water right surveyor or an official or employee of the Office of the State Engineer of the water diverted for beneficial use.

(i) The capacity of the works of diversion.

(j) If for power, the dimensions and capacity of the flume, pipe, ditch or other conduit.

(k) The average grade and difference in elevation between the termini of any conduit.

(l) The number of months, naming them, in which water has been beneficially used.

(m) The amount of water beneficially used, taken from actual measurements, together with such other data as the State Engineer may require to become acquainted with the amount of the appropriation for which the proof is filed.

1. The provisions of subsection 1 do not apply to a person holding an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504 .

[Part 69:140:1913; A 1951, 132 ]—(NRS A 1967, 991 ; 1991, 760 ; 2011, 1569 ; 2013, 503 , 3679 )

NRS 533.405

NRS

533.405

State Engineer may require map; contents.

1. The State Engineer may, in his or her discretion, request that the statement required by NRS 533.400 be accompanied by a map on a scale of not less than 1,000 feet to the inch, which shall show with substantial accuracy the following:

(a) The point of diversion by legal subdivisions or by metes and bounds from some corner, when possible, from the source of supply.

(b) The traverse of the ditch or other conduit, together with cross sections of the same.

(c) The legal subdivisions of the land embraced in the application for the permit and the outline by metes and bounds of the irrigated area, with the amount thereof.

(d) The average grade and the difference in elevation of the termini of the conduit, and the carrying capacity of the same.

(e) The actual quantity of water flowing in the canal or conduit during the time the survey was being made.

1. The map must bear the affidavit of the surveyor or engineer making such survey and map. If the survey and map are made by different persons the affidavit of each must be on the map, showing that the map as compiled agrees with the survey.

2. The map shall conform with such rules and regulations as the State Engineer shall make, which rules shall not be in conflict herewith.

[Part 69:140:1913; A 1951, 132 ; 2023, 1039 ]

NRS 533.410

NRS

533.410

Cancellation of permit for failure to file proof of application of water to beneficial use and accompanying map; notice to holder of permit; extensions of time.

If any holder of a permit from the State Engineer fails, before the date set for filing in the permit or the date set by any extension granted by the State Engineer, to file with the State Engineer proof of application of water to beneficial use, and the accompanying map, if a map is required, the State Engineer shall advise the holder of the permit, by registered or certified mail, that the permit is held for cancellation. If the holder, within 30 days after the mailing of this notice, fails to file with the State Engineer the required affidavit and map, if a map is required, or an application for an extension of time to file the instruments, the State Engineer shall cancel the permit. For good cause shown, upon application made before the expiration of the 30-day period, the State Engineer may grant an extension of time in which to file the instruments.

[Part 69:140:1913; A 1951, 132 ]—(NRS A 1967, 194 ; 1981, 114 , 1838 )

NRS 533.415

NRS

533.415

State Engineer may refuse to file maps not conforming to statutory provisions or regulations.

The State Engineer may, in his or her discretion, refuse to accept for filing any map not conforming with the provisions of NRS 533.405 and such rules and regulations as the State Engineer may make. The State Engineer may, in his or her discretion, require additional data to be placed thereon, and may make proper provision therefor.

[70:140:1913; 1919 RL p. 3243; NCL § 7955]

NRS 533.420

NRS

533.420

Surveyor or engineer may be barred from practice before State Engineer for swearing falsely.

Should it be found upon inspection of the premises by the State Engineer that the surveyor or engineer had sworn falsely to the map and survey, the surveyor or engineer may, in the discretion of the State Engineer, be barred from the further practice of engineering in any matters before the State Engineer, in addition to suffering the penalties prescribed by law for swearing falsely to any affidavit.

[71:140:1913; 1919 RL p. 3243; NCL § 7956]

NRS 533.425

NRS

533.425

Issuance and contents of certificate of appropriation; notice of provisions governing forfeiture and abandonment of rights to underground water.

1. Except as otherwise provided in NRS 533.503 , as soon as practicable after satisfactory proof has been made to the State Engineer that any application to appropriate water or any application for permission to change the place of diversion, manner or place of use of water already appropriated has been perfected in accordance with the provisions of this chapter, the State Engineer shall issue to the holder or holders of the permit a certificate setting forth:

(a) The name of each holder of the permit.

(b) The date, source, purpose and amount of appropriation.

(c) If for irrigation, a description of the irrigated lands by legal subdivisions, when possible, to which the water is appurtenant.

(d) The number of the permit under which the certificate is issued.

1. If the water is appropriated from an underground source, the State Engineer shall issue with the certificate a notice of the provisions governing the forfeiture and abandonment of such water rights. The notice must set forth the provisions of NRS 534.090 .

[72:140:1913; A 1931, 211 ; 1937, 84 ; 1931 NCL § 7957]—(NRS A 1967, 280 ; 1975, 713 ; 1995, 436 , 1016 ,

1018 ,

2524 ;

2017, 3501 )

NRS 533.430

NRS

533.430

Permits and certificates of appropriation subject to existing rights.

1. Every permit to appropriate water, and every certificate of appropriation granted under any permit by the State Engineer upon any stream or stream system which shall have been adjudicated under the provisions of NRS 533.087 to 533.235 , inclusive, shall be, and the same is hereby declared to be, subject to existing rights and to the decree and modifications thereof entered in such adjudication proceedings, and the same shall be subject to regulation and control by the State Engineer and the water commissioners in the same manner and to the same extent as rights which have been adjudicated and decreed under the provisions of this chapter. Every such holder of a certificate or a permit shall in like manner be subject to all of the provisions of NRS 533.270 to 533.305 , inclusive, 533.465 , 533.475 ,

533.480 , 533.481 , 533.482 ,

535.050 , 536.010 , 536.020

and 536.030 .

1. Upon any stream or stream system that has not been adjudicated and upon which the State Engineer has heretofore granted and may hereafter grant a permit or permits to appropriate water therefrom, any and all such permitted rights to the use of water so granted shall be subject to regulation and control by the State Engineer to the same extent and in the same manner as adjudicated and permitted rights upon streams and stream systems heretofore adjudicated pursuant to the provisions of this chapter.

[72a:140:1913; added 1921, 171 ; A 1947, 518 ; 1943 NCL § 7958]—(NRS A 2009, 1860 )

NRS 533.435

NRS

533.435

Fees of State Engineer; disposition.

1. The State Engineer shall collect the following fees:

For examining and filing an application for a permit to appropriate water $360.00

This fee includes the cost of publication, which is $50.

For reviewing a corrected application or map, or both, in connection with an application for a water right permit....................................................................................................................... 100.00

For examining and acting upon plans and specifications for construction of a dam 1,200.00

For examining and filing an application for each permit to change the point of diversion, manner of use or place of use of an existing right.............................................................................. 240.00

This fee includes the cost of publication, which is $50.

For examining and filing an application for a temporary permit to change the point of diversion, manner of use or place of use of an existing right............................................................... 180.00

For issuing and recording each permit to appropriate water for any purpose, except for generating hydroelectric power which results in nonconsumptive use of the water, watering livestock or wildlife purposes 360.00

plus $3 per acre-foot approved or fraction thereof.

Except for generating hydroelectric power, watering livestock or wildlife purposes, for issuing and recording each permit to change an existing water right whether temporary or permanent for any purpose 300.00

plus $3 per acre-foot approved or fraction thereof.

For issuing and recording each permit for additional rate of diversion from a well where no additional volume of water is granted....................................................................................... 1,000.00

For issuing and recording each permit to change the point of diversion or place of use of an existing right whether temporary or permanent for irrigation purposes, a maximum fee of 750.00

For issuing and recording each permit to appropriate or change the point of diversion or place of use of an existing right whether temporary or permanent for watering livestock or wildlife purposes 240.00

plus $50 for each cubic foot of water per second approved or fraction thereof.

For issuing and recording each permit to appropriate or change an existing right whether temporary or permanent for water for generating hydroelectric power which results in nonconsumptive use of the water 480.00

plus $50 for each cubic foot per second of water approved or fraction thereof.

For filing and examining a request for a waiver in connection with an application to drill a well 120.00

For filing and examining a notice of intent to drill a well........................... 25.00

For filing and examining an affidavit to relinquish water rights in favor of use of water for domestic wells....................................................................................................................... 300.00

For filing a secondary application under a reservoir permit...................... 300.00

For approving and recording a secondary permit under a reservoir permit 540.00

For reviewing each tentative subdivision map............................................ 180.00

plus $1 per lot.

For reviewing and approving each final subdivision map......................... 120.00

For storage approved under a dam permit for privately owned nonagricultural dams which store more than 50 acre-feet 480.00

plus $1.25 per acre-foot storage capacity. This fee includes the cost of inspection and must be paid annually.

For flood control detention basins................................................................. 480.00

plus $1.25 per acre-foot storage capacity. This fee includes the cost of inspection and must be paid annually.

For filing proof of completion of work........................................................... 60.00

For filing proof of beneficial use...................................................................... 60.00

For issuing and recording a certificate upon approval of the proof of beneficial use 350.00

For filing proof of resumption of a water right............................................ 360.00

For filing any protest.......................................................................................... 30.00

For filing any application for extension of time within which to file proofs, of completion or beneficial use, for each year for which the extension of time is sought............................ 120.00

For filing any application for extension of time to prevent a forfeiture, for each year for which the extension of time is sought....................................................................................................... 120.00

For reviewing a cancellation of a water right pursuant to a petition for review 360.00

For examining and filing a report of conveyance filed pursuant to paragraph (a) of subsection 1 of NRS 533.384 120.00

plus $20 per conveyance document.

For filing any other instrument......................................................................... 10.00

For making a copy of any document recorded or filed in the Office of the State Engineer, for the first page 1.00

For each additional page...................................................................................... .20

For certifying to copies of documents, records or maps, for each certificate 6.00

For each copy of any full size drawing or map................................................ 6.00

For each color copy of any full size drawing or map (2′ x 3′)..................... 12.00

For colored plots.................................................................................................. 10.00

1. When fees are not specified in subsection 1 for work required of the Office of the State Engineer, the State Engineer shall collect the actual cost of the work.

2. Except as otherwise provided in this subsection, all fees collected by the State Engineer under the provisions of this section must be deposited in the State Treasury for credit to the State General Fund. All fees received for copies of any drawing or map must be kept by the State Engineer and used only to pay the costs of printing, replacement and maintenance of printing equipment. Any publication fees received which are not used by the State Engineer for publication expenses must be returned to the persons who paid the fees. If, after exercising due diligence, the State Engineer is unable to make the refunds, the State Engineer shall deposit the fees in the State Treasury for credit to the State General Fund.

[73:140:1913; A 1915, 378 ; 1921, 171 ; 1925, 121 ; 1947, 518 ; 1949, 102 ; 1943 NCL § 7959]—(NRS A 1957, 531 ; 1975, 46 , 1398 ;

1981, 114 , 1839 ;

1983, 1577 ; 1989, 1733 ; 1993, 2083 ; 1995, 436 ; 1999, 1508 ; 2009, 646 , 1014 ;

2011, 2392 ; 2013, 1235 ; 2017, 3502 , 3648 ;

2023, 1040 )

Temporary Permit to Establish Vegetative Cover to Prevent or Reduce Wildfire

NRS 533.436

NRS

533.436

Application; approval; duration.

1. A person may apply for a temporary permit to appropriate water to establish vegetative cover that is resistant to fire in an area that has been burned by a wildfire or to prevent or reduce the impact of a wildfire in an area.

2. In addition to the information required by NRS 533.335 , an applicant for a temporary permit shall submit to the State Engineer:

(a) A plan for establishing vegetative cover that is resistant to fire in the area;

(b) Any other information which is necessary for a full understanding of the necessity of the appropriation; and

(c) For:

(1) Examining and filing the application for the temporary permit, $150.

(2) Issuing and recording the temporary permit, $200.

1. The State Engineer may forward a plan submitted pursuant to subsection 2 to the State Forester Firewarden for his or her review and comments.

2. The State Engineer shall approve an application for a temporary permit if:

(a) The application is accompanied by the prescribed fees;

(b) The appropriation is in the public interest; and

(c) The appropriation does not impair water rights held by other persons.

1. A temporary permit issued pursuant to this section must not exceed 1 year in duration.

(Added to NRS by 2011, 1563 )

Environmental Permits

NRS 533.4373

NRS

533.4373

Application for environmental permit: Contents; fee.

In addition to the information required by NRS 533.335 , an applicant for an environmental permit shall submit to the State Engineer:

1. A copy of a letter or order issued by the Division of Environmental Protection of the State Department of Conservation and Natural Resources requiring the applicant to take steps to protect the environment;

2. Any other information which is necessary for a full understanding of the necessity of the appropriation; and

3. For examining and filing the application for the environmental permit, $180. For issuing and recording the environmental permit, $180 plus $3 per acre-foot approved or fraction thereof.

(Added to NRS by 1991, 757 ; A 2013, 1238 )

NRS 533.4375

NRS

533.4375

Approval of application by State Engineer: Conditions.

The State Engineer may approve an application for an environmental permit if:

1. The application is accompanied by the prescribed fees and a copy of a letter or order issued by the Division of Environmental Protection of the State Department of Conservation and Natural Resources requiring the applicant to take steps to protect the environment;

2. The appropriation is in the public interest; and

3. The appropriation does not impair water rights held by other persons.

(Added to NRS by 1991, 757 )

NRS 533.4377

NRS

533.4377

Limitation on period for which permit may be issued; change of use for which permit is issued prohibited.

The State Engineer shall not:

1. Issue an environmental permit for a period which is longer than the period set forth in the letter or order issued by the Division of Environmental Protection of the State Department of Conservation and Natural Resources requiring the applicant to take steps to protect the environment.

2. Change the use for which the environmental permit is issued.

(Added to NRS by 1991, 757 )

Transfer of Water From County of Origin to Another County

NRS 533.438

NRS

533.438

Imposition of fee on certain transfers of water by county of origin; review by State Engineer; limitation on use of money collected from fee.

1. Except as otherwise provided in subsection 4, if an appropriation of groundwater pursuant to a permit to appropriate groundwater results in the transfer to and beneficial use of water in a county in this State other than the county in which the water is appropriated or in another state, the county of origin may impose a fee of $10 per acre-foot per year on the transfer.

2. A county of origin shall not impose a fee pursuant to subsection 1 without the prior approval of the State Engineer. The county of origin shall notify the State Engineer in writing of its intent to impose the fee. The State Engineer shall review the notice of intent to impose the fee to determine:

(a) Whether the appropriation of groundwater pursuant to the permit specified in subsection 1 results in a transfer to and beneficial use of water in a county in this State other than the county of origin or in another state; and

(b) The amount of water, if any, that is:

(1) Subject to the proposed fee because of that transfer and beneficial use; or

(2) Not subject to the proposed fee pursuant to subsection 4.

1. Within 30 days after reviewing the notice of intent to impose the fee, the State Engineer shall send a written notice to the county of origin that includes the results of his or her review. If the State Engineer determines that the appropriation of groundwater pursuant to the permit results in a transfer to and beneficial use of water in a county in this State other than the county of origin or in another state, the State Engineer shall include in the notice the amount of water that is subject to the proposed fee. The county may, upon such a determination, impose the fee on the transfer.

2. A fee may not be imposed pursuant to this section on water that is appropriated and beneficially used pursuant to a permit to appropriate groundwater which is issued for a point of diversion and a place of beneficial use in the county of origin and which, after the water is diverted and beneficially used, is discharged or migrates into a county in this State other than the county of origin or into another state.

3. All money collected from a fee imposed pursuant to this section must be deposited in a trust fund for the county. The principal and interest of the trust fund may be used by the county only for the purposes of economic development, health care and education.

4. For the purposes of this section, if a basin includes land lying in more than one county, each county any part of whose land is included is a county of origin to the extent of the proportionate amount of water transferred from it. The State Engineer shall determine the respective proportions.

5. As used in this section:

(a) A “basin” is one designated by the State Engineer for the purposes of chapter 534 of NRS.

(b) “Origin” means the place where water is taken from underground.

(Added to NRS by 1991, 1368 ; A 2001, 1933 ; 2005, 497 , 498 )

NRS 533.4385

NRS

533.4385

Plan to mitigate adverse economic effects caused by transfer of water; contents of plan; modification of plan by State Engineer.

1. If a county of origin has not imposed a fee on the transfer of water pursuant to NRS 533.438 , an applicant and the governing body of the county of origin may execute a plan to mitigate the adverse economic effects caused by the transfer of water from the county of origin to another county. If such a plan is executed, the plan is binding on the county of origin and the applicant or his or her successor.

2. A plan to mitigate the adverse economic effects caused by the transfer of water from the county of origin to another county may include, but is not limited to, provisions concerning:

(a) The reservation of designated water rights to the county of origin; and

(b) Compensation for the foreseeable effects of the transfer.

1. If a plan is executed pursuant to subsection 1, the applicant shall submit the plan to the State Engineer. The State Engineer may modify a plan executed pursuant to subsection 1 if a provision of the plan:

(a) Violates a specific statute; or

(b) Becomes impossible or impracticable to put into effect.

(Added to NRS by 1991, 1368 ; A 2005, 499 )

RESERVOIRS

NRS 533.445

NRS

533.445

Use of bed of stream or other watercourse to carry water to consumers; duties and expenses of State Engineer.

1. Whenever the owner, manager or lessee of a reservoir constructed under the provisions of this chapter shall desire to use the bed of a stream or other watercourse for the purpose of carrying stored or impounded water from the reservoir to the consumer thereof, the owner, manager or lessee shall, in writing, notify the State Engineer and the water commissioner of the district in which the water is to be used, giving the date when it is proposed to discharge water from the reservoir, its volume, and the names of all the persons and ditches entitled to its use. The State Engineer or an assistant thereof shall then regulate such works and headgates of all ditches from the stream or watercourse not entitled to the use of such stored water as will enable those having the right to secure the volume to which they are entitled.

2. The State Engineer shall keep a true and distinct account of the time spent by the State Engineer in the discharge of his or her duties, as defined in this section, and shall present a certified statement thereof to the board of county commissioners of the county wherein the expense is incurred. The board of county commissioners shall present a bill for the expense so incurred to the reservoir owner, manager or lessee, and if such owner, manager or lessee shall neglect for 30 days after the presentation of such bill of costs to pay the same, the costs shall be made a charge upon the reservoir and shall be collected as delinquent taxes until payment of such bill of costs has been made.

[77:140:1913; 1919 RL p. 3246; NCL § 7963]

JUDICIAL REVIEW AND APPEALS

NRS 533.450

NRS

533.450

Orders and decisions of State Engineer subject to judicial review; procedure; motions for stay; appeals; appearance by Attorney General.

1. Except as otherwise provided in NRS 533.353 , any person feeling aggrieved by any order or decision of the State Engineer, acting in person or through the assistants of the State Engineer or the water commissioner, affecting the person’s interests, when the order or decision relates to the administration of determined rights or is made pursuant to NRS 533.270 to 533.445 , inclusive, or NRS 533.481 , 534.193 , 535.200

or 536.200 , may have the same reviewed by a proceeding for that purpose, insofar as may be in the nature of an appeal, which must be initiated in the proper court of the county in which the matters affected or a portion thereof are situated, but on stream systems where a decree of court has been entered, the action must be initiated in the court that entered the decree. The order or decision of the State Engineer remains in full force and effect unless proceedings to review the same are commenced in the proper court within 30 days after the rendition of the order or decision in question and notice thereof is given to the State Engineer as provided in subsection 3.

1. The proceedings in every case must be heard by the court, and must be informal and summary, but full opportunity to be heard must be had before judgment is pronounced.

2. No such proceedings may be entertained unless notice thereof, containing a statement of the substance of the order or decision complained of, and of the manner in which the same injuriously affects the petitioner’s interests, has been served upon the State Engineer, personally or by registered or certified mail, at the Office of the State Engineer at the State Capital within 30 days following the rendition of the order or decision in question. A similar notice must also be served personally or by registered or certified mail upon the person who may have been affected by the order or decision.

3. Where evidence has been filed with, or testimony taken before, the State Engineer, a transcribed copy thereof, or of any specific part of the same, duly certified as a true and correct transcript in the manner provided by law, must be received in evidence with the same effect as if the reporter were present and testified to the facts so certified. A copy of the transcript must be furnished on demand, at actual cost, to any person affected by the order or decision, and to all other persons on payment of a reasonable amount therefor, to be fixed by the State Engineer.

4. An order or decision of the State Engineer must not be stayed unless the petitioner files a written motion for a stay with the court and serves the motion personally or by registered or certified mail upon the State Engineer, the applicant or other real party in interest and each party of record within 10 days after the petitioner files the petition for judicial review. Any party may oppose the motion and the petitioner may reply to any such opposition. In determining whether to grant or deny the motion for a stay, the court shall consider:

(a) Whether any nonmoving party to the proceeding may incur any harm or hardship if the stay is granted;

(b) Whether the petitioner may incur any irreparable harm if the stay is denied;

(c) The likelihood of success of the petitioner on the merits; and

(d) Any potential harm to the members of the public if the stay is granted.

1. Except as otherwise provided in this subsection, the petitioner must file a bond in an amount determined by the court, with sureties satisfactory to the court and conditioned in the manner specified by the court. The bond must be filed within 5 days after the court determines the amount of the bond pursuant to this subsection. If the petitioner fails to file the bond within that period, the stay is automatically denied. A bond must not be required for a public agency of this State or a political subdivision of this State.

2. Costs must be paid as in civil cases brought in the district court, except by the State Engineer or the State.

3. The practice in civil cases applies to the informal and summary character of such proceedings, as provided in this section.

4. Appeals may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution from the judgment of the district court in the same manner as in other civil cases.

5. The decision of the State Engineer is prima facie correct, and the burden of proof is upon the party attacking the same.

6. Whenever it appears to the State Engineer that any litigation, whether now pending or hereafter brought, may adversely affect the rights of the public in water, the State Engineer shall request the Attorney General to appear and protect the interests of the State.

[75:140:1913; A 1915, 378 ; 1951, 132 ]—(NRS A 1957, 532 ; 1969, 95 ; 1977, 426 ; 2007, 2019 ; 2009, 647 ; 2013, 495 , 1788 )

NRS 533.455

NRS

533.455

Appeals by State Engineer to appellate court.

1. Whenever a decree determining and adjudicating the relative rights of the claimants to the use of water of a stream or stream system has been entered in the district court pursuant to the provisions of this chapter, and the decree becomes final and the State Engineer has brought in that court any proceeding, either civil or of a criminal nature, concerning the administration of and for the enforcement of the provisions of the decree, and wherein the validity of the decree or any of its provisions is drawn in question by adversary parties and the decision or judgment of the court is that the decree or a part thereof is invalid, the State Engineer shall be deemed a party in interest with the right to take an appeal from such decision or judgment to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution.

2. Such appeal may be taken in the same manner as appeals in civil cases.

[75 1/2:140:1913; added 1947, 518 ; 1943 NCL § 7961.01]—(NRS A 1977, 427 ; 2013, 1789 )

UNLAWFUL ACTS AND PENALTIES

NRS 533.465

NRS

533.465

Interference with headgate, water box or water; prima facie evidence.

1. Any person who shall willfully open, close, change or interfere with any lawfully established headgate or water box without authority, or who shall willfully use water or conduct water into or through the person’s ditch which has been lawfully denied the person by the State Engineer, the State Engineer’s assistants or water commissioners, shall be guilty of a misdemeanor.

2. The possession or use of water when the same shall have been lawfully denied by the State Engineer or other competent authority shall be prima facie evidence of the guilt of the person using it.

[55:140:1913; 1919 RL p. 3237; NCL § 7940]

NRS 533.470

NRS

533.470

Employment of guards to prevent unlawful diversions of water; payment of guards’ salaries.

Whenever, in the pursuance of his or her duties, the State Engineer finds it necessary to employ guards to prevent unlawful diversions of water in any ditch or ditch system, the salaries of such guards shall be charged against the owner or owners of the ditch or ditch system and become a valid lien against the lands having water rights thereunder. The costs shall be assessed against these lands and collected in the same manner as provided in NRS 533.445 for the distribution of waters from reservoirs on the stream system.

[55a:140:1913; added 1933, 138 ; A 1945, 87 ; 1943 NCL § 7940.01]

NRS 533.475

NRS

533.475

Power of State Engineer and assistants to make arrests.

The State Engineer and the assistants of the State Engineer shall have power to arrest any person violating any of the provisions of NRS 533.005 to 533.470 , inclusive, and to turn that person over to the sheriff or other competent police officer within the county. Immediately on delivering any such person so arrested into the custody of the sheriff, the State Engineer or assistant making such arrest shall immediately, in writing, and upon oath, make a complaint before the justice of the peace against the person so arrested.

[57:140:1913; 1919 RL p. 3238; NCL § 7942]—(NRS A 2017, 1433 )

NRS 533.481

NRS

533.481

Additional penalties.

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 or any permit, certificate, order or decision issued or regulation adopted by the State Engineer pursuant to this chapter or NRS 532.120 to:

(a) Pay an administrative fine not to exceed $10,000 per day for each violation as determined by the State Engineer.

(b) In the case of an unauthorized use or willful waste of water in violation of NRS 533.460

or an unlawful diversion of water in violation of NRS 533.463 , or any other violation of this chapter that, as determined by the State Engineer, results in an unlawful use, waste or diversion of water, replace not more than 200 percent of the water used, wasted or diverted.

1. If an administrative fine is imposed against a person pursuant to subsection 1 or the person is ordered to replace any water pursuant to that subsection, the State Engineer may require the person to pay the costs of the proceeding, including investigative costs and attorney’s fees.

2. An order imposing an administrative fine or requiring the replacement of water or the payment of costs or fees pursuant to this section may be reviewed by a district court pursuant to NRS 533.450 .

(Added to NRS by 2007, 2014 )

NRS 533.482

NRS

533.482

Injunctive and other relief.

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, or any permit, certificate, decision or order issued or regulation adopted by the State Engineer pursuant to this chapter or 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, or any permit, certificate, decision or order issued or regulation adopted by the State Engineer pursuant to this chapter or NRS 532.120 , the court may issue, without a bond, any prohibitory 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 specified in this section.

(Added to NRS by 2007, 2015 )

USE OF WATER FOR WATERING LIVESTOCK

NRS 533.490

NRS

533.490

Watering livestock declared beneficial use.

1. The use of water for watering livestock is hereby declared to be a beneficial use except as provided in NRS 533.495 . Subject to such exception, the right to use water for that purpose may be acquired in the same manner as the right to use water for any other beneficial purpose.

2. On application to the State Engineer for any such right, it shall not be necessary for the applicant to state or prove or for the State Engineer to determine in cubic feet per second of time the quantity of water the use of which is applied for or granted, but in all such applications and in all proceedings connected therewith and, also, in all proceedings either before the State Engineer or the courts relating to the proof or establishment of a vested right to use water for watering livestock, it shall be a sufficient measure of the quantity of the water to specify the number and kind of animals to be watered or which have been watered, as the case may be. This subsection is not intended to imply that prior to April 1, 1925, it was necessary to specify, prove or determine the quantity of water in cubic feet per second, but is meant only to remove for the future any uncertainty that may have existed as to such necessity.

[1:201:1925; NCL § 7979]

NRS 533.493

NRS

533.493

Recognition of adjudicated rights to water livestock from streams by State Engineer.

Within a stream system or groundwater basin where rights have been adjudicated, the State Engineer shall recognize rights to water livestock from streams, whether or not in conjunction with a right to use water for irrigation, which are established by a vested water right, a subsisting right shown as provided in NRS 533.492 or a permit issued by the State Engineer.

(Added to NRS by 1993, 1944 )

NRS 533.500

NRS

533.500

Duties of State Engineer concerning approval and rejection of application.

1. Before approving any application for the right to use water for watering livestock, the State Engineer shall determine, by examination on the ground or otherwise, that the right and use applied for will not contravene the policy of NRS 533.495 . If the State Engineer shall determine that the right applied for will contravene such policy, the State Engineer must reject the application.

2. If the water applied for shall be along the course of or in the immediate vicinity of an established or customary driving route for moving livestock from one range to another, the State Engineer may reject the application even if no previous right shall exist for any portion of such water, if the State Engineer shall determine that such water will best subserve the public interest by being reserved for the watering of livestock while so being driven along such customary driving route.

[3:201:1925; NCL § 7981]

NRS 533.503

NRS

533.503

Restrictions on issuance of permit or certificate regarding appropriation to water livestock.

1. The State Engineer shall not issue a permit to appropriate water for the purpose of watering livestock unless:

(a) The applicant for the permit is legally entitled to place the livestock on the lands for which the permit is sought, and:

(1) Owns, leases or otherwise possesses a legal or proprietary interest in the livestock on or to be placed on the lands for which the permit is sought; or

(2) Has received from a person described in subparagraph (1), authorization to have physical custody of the livestock on or to be placed on the lands for which the permit is sought, and authorization to care for, control and maintain such livestock;

(b) The forage serving the beneficial use of the water to be appropriated is not encumbered by an adjudicated grazing preference recognized pursuant to law for the benefit of a person other than the applicant for the permit; and

(c) The lack of encumbrance required by paragraph (b) is demonstrated by reasonable means, including, without limitation, evidence of a valid grazing permit, other than a temporary grazing permit, that is issued by the appropriate governmental entity to the applicant for the permit.

1. The State Engineer shall not issue a certificate of appropriation based upon a permit to appropriate water for the purpose of watering livestock unless:

(a) The holder of the permit makes satisfactory proof that the water has been beneficially used, is legally entitled to place on the lands the livestock which have been watered pursuant to the permit, and:

(1) Owns, leases or otherwise possesses a legal or proprietary interest in the livestock which have been watered pursuant to the permit; or

(2) Has received from a person described in subparagraph (1), authorization to have physical custody of the livestock which have been watered pursuant to the permit, and authorization to care for, control and maintain such livestock;

(b) The forage serving the beneficial use of the water that has been beneficially used is not encumbered by an adjudicated grazing preference recognized pursuant to law for the benefit of a person other than the holder of the permit; and

(c) The lack of encumbrance required by paragraph (b) is demonstrated by reasonable means, including, without limitation, evidence of a valid grazing permit, other than a temporary grazing permit, that is issued by the appropriate governmental entity to the holder of the permit.

1. This section must not be construed to impair the vested right of any person to the use of water for the purpose of watering livestock or to prevent any transfer of ownership of a water right for the purpose of watering livestock.

2. As used in this section, “grazing preference” means a priority position in the issuance of a permit to graze livestock on the public range.

(Added to NRS by 1995, 2522 ; A 2003, 3411 )

NRS 533.504

NRS

533.504

Temporary permit regarding appropriation to water livestock: Application; approval; duration.

1. Except as otherwise provided in NRS 533.495 and 533.503 , a person may apply for a temporary permit to appropriate groundwater to water livestock if the point of diversion is located within a county under a declaration of drought, or within a county contiguous to a county under such a declaration, by the:

(a) Governor;

(b) United States Secretary of Agriculture; or

(c) President of the United States.

1. In addition to the information required by NRS 533.335 and 533.340 , an applicant for a temporary permit to appropriate groundwater pursuant to this section shall submit to the State Engineer:

(a) An affidavit stating that, if the temporary permit is for a well, the holder of the temporary permit will plug and seal the well pursuant to chapter 534 of NRS upon the expiration of the temporary permit; and

(b) Any other information required by the State Engineer to determine the necessity of the temporary appropriation.

1. The State Engineer shall approve an application for a temporary permit to appropriate groundwater pursuant to this section if:

(a) The application is accompanied by the fee prescribed by this chapter;

(b) The temporary appropriation is in the public interest; and

(c) The temporary appropriation does not impair water rights held by other persons.

1. A temporary permit to appropriate groundwater issued pursuant to this section must not exceed 1 year in duration.

(Added to NRS by 2013, 497 ; A 2013, 3679 )

NRS 533.515

NRS

533.515

Permit for appropriation of water or application to change point of diversion, manner of use or place of use if point of diversion or portion of works is outside state.

1. No permit for the appropriation of water or application to change the point of diversion, manner of use or place of use under an existing water right may be denied because of the fact that the point of diversion described in the application for the permit, or any portion of the works in the application described and to be constructed for the purpose of storing, conserving, diverting or distributing the water are situated in any other state; but in all such cases where the place of intended use, or the lands, or part of the lands identified as the place of use, are situated within this state, the permit must be issued as in other cases, pursuant to the provisions of NRS 533.324 to 533.450 , inclusive, and chapter 534 of NRS.

2. The permit must not purport to authorize the doing or refraining from any act or thing, in connection with the system of appropriation, not properly within the scope of the jurisdiction of this state and the State Engineer to grant.

[1:174:1913; 1919 RL p. 3307; NCL § 7986]—(NRS A 1991, 859 ; 2017, 3504 )

NRS 533.520

NRS

533.520

Application for permit to appropriate water for use outside State; change point of diversion for use outside State or change place of use to location outside of State; approval of application by State Engineer; conditions.

1. Any person who files an application for a permit to appropriate water from above or beneath the surface of the ground for use outside this State, or to change the point of diversion under an existing water right which has a place of use outside of this State, or to change the place of use of water from a location in this State to a location outside this State under an existing right, must file an application with the State Engineer for a permit to do so pursuant to provisions of NRS 533.324 to 533.450 , inclusive, and chapter 534 of NRS.

2. The State Engineer may approve such an application if the State Engineer determines that the applicant’s use of the water outside this State complies with the requirements of NRS 533.324 to 533.450 , inclusive, and those provisions of

chapter 534 of NRS pertaining to the appropriation of water. In making the determination, the State Engineer shall consider:

(a) The supply of water available in this State;

(b) The current and reasonably anticipated demands for water in this State;

(c) The current or reasonably anticipated shortages of water in this State;

(d) Whether the water that is the subject of the application could feasibly be used to alleviate current or reasonably anticipated shortages of water in this State;

(e) The supply and sources of water available to the applicant in the state in which the applicant intends to use the water;

(f) The demands placed on the applicant’s supply of water in the state in which he or she intends to use the water; and

(g) Whether the request in the application is reasonable, taking into consideration the factors set forth in paragraphs (a) to (f), inclusive.

1. The State Engineer may, as a condition to the approval of such an application, require the applicant to file a certificate from the appropriate official in the state in which the water is to be used, indicating to the satisfaction of the State Engineer that the intended use of the water would be beneficial and that the appropriation is feasible.

2. A person who is granted a permit pursuant to this section shall comply with the laws and regulations of this State governing the appropriation and use of water, as amended from time to time, and any change in the point of diversion, manner of use or place of use of water under a permit issued pursuant to this section is subject to the requirements of this section.

3. The State Engineer may, as a condition of the approval of any permit granted pursuant to this section, require that the use of water in another state be subject to the same regulations and restrictions that may be imposed upon the use of water in this State.

4. Upon submittal of an application under this section, the applicant and, if the applicant is a natural person, the personal representative of the person, are subject to the jurisdiction of the courts of this State and to service of process as provided in NRS 14.065 .

[1:325:1951] + [2:325:1951]—(NRS A 1991, 859 )

NRS 533.540

NRS

533.540

Procedure for refund of water district’s money; conditions.

1. Whenever, in the case of any order of determination of relative rights of claimants or appropriators of the waters of the Carson River and its forks, affecting the water districts mentioned and referred to in the preamble of chapter 19, Statutes of Nevada 1931, or in any like case affecting the Carson River or its forks directly, the State Engineer is or shall be prohibited from or lawfully prevented from administering such stream system under the orders or protection of any court, or prohibited from or lawfully prevented from certifying claims against water district funds, and the appropriate boards of county commissioners are unable to approve bills for such claims, and payment of such claims cannot be made out of such funds, and by reason of any of these things moneys and balances remain in such funds, it shall be lawful to refund such moneys and balances, and the appropriate boards of county commissioners are authorized and directed to refund the same.

2. The refunds mentioned in subsection 1 shall be made in the following manner. Whenever it shall appear to a board of county commissioners of any county that there remain water district funds in the county treasury, collected for the payment of claims and expenses in water districts in connection with the State Engineer’s administration of waters and water rights affecting the Carson River as set forth in the preamble of chapter 19, Statutes of Nevada 1931, or in any like case directly affecting the Carson River and its forks, and that there is no lawful authority to disburse the same or to refund the same to those who paid the same, as described in the preamble of chapter 19, Statutes of Nevada 1931, the board of county commissioners of any such county is hereby authorized and directed to refund the moneys to the individuals and persons who paid the same in the proportion and extent, so near as practicable, as the funds and moneys were collected from and paid by the claimants and water users concerned. The county officers shall disburse such funds upon orders of the board of county commissioners out of such funds and not otherwise.

3. If any person shall feel aggrieved by the action taken, or the failure to act, of any such board of county commissioners, respecting any such refund or repayment, an action may be prosecuted thereon for and on behalf of any such person against the respective county as in the case of rejected claims.

[1:19:1931; 1931 NCL § 8256] + [2:19:1931; 1931 NCL § 8256.01] + [3:19:1931; 1931 NCL § 8256.02]

NRS 533.545

NRS

533.545

Hearings before State Engineer: Issuance and enforcement of subpoenas.

1. Whenever the State Engineer is authorized or required by law to conduct a hearing, the State Engineer may issue subpoenas requiring the attendance of witnesses before the State Engineer, together with all books, memoranda, papers and other documents relative to the matters for which the hearing is called, and take depositions within or without the State, as the circumstances of the case may require.

2. The district court in and for the county in which any hearing is being conducted by the State Engineer or the designee of the State Engineer may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the State Engineer.

3. If a witness refuses to attend or testify or produce any papers required by the subpoena, the State Engineer may report to the district court in and for the county in which the hearing is pending by petition, setting forth:

(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

(b) That the witness has been subpoenaed in the manner prescribed in this section; and

(c) That the witness has failed and refused to attend or produce the papers required by the subpoena before the State Engineer or the designee of the State Engineer in the hearing named in the subpoena, or has refused to answer questions propounded to the witness in the course of the hearing,

Ê and asking for an order of the court compelling the witness to attend and testify or produce the books or papers before the State Engineer or the designee of the State Engineer.

1. The court, upon petition of the State Engineer, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, and show cause why the witness has not attended or testified or produced the books or papers before the State Engineer or the designee of the State Engineer. The time for the appearance may not be later than 10 days after the date of the order. A certified copy of the order must be served upon the witness. If it appears to the court that the subpoena was regularly issued by the State Engineer, the court may thereupon enter an order that the witness appear before the State Engineer or the designee of the State Engineer at the time and place fixed in the order and testify or produce the required books or papers. If the witness fails to obey the order, the witness must be dealt with as for contempt of court.

(Added to NRS by 1989, 406 )

NRS 533.560

NRS

533.560

Lease of water right by public body to owner or holder of water right who exceeds entitled amount of water.

1. A public body may lease a water right owned by the public body to an owner or holder of a water right who, as determined by the State Engineer, is exceeding the amount of water to which the owner or holder is entitled.

2. As used in this section, “public body” means the State or a county, city, town, school district or any public agency of this State or its political subdivisions. The term includes, without limitation, a water district organized pursuant to a special act of the Legislature or a water authority organized as a political subdivision created by a cooperative agreement or created by a special act of the Legislature.

(Added to NRS by 2011, 819 )

NRS 533.565

NRS

533.565

Dedication of right to appropriate water: Requirements; exceptions.

1. Before a supplier of water may require the dedication of a right to appropriate water in order to ensure a sufficient supply of water to provide new or modified water service to one or more parcels, the dedication requirement must:

(a) Be required pursuant to an ordinance, rule, regulation or any other requirement adopted by the supplier of water;

(b) Be based on reliable data and procedures estimating demand;

(c) Consider any requirements for a sustainable water supply; and

(d) Consider historic usage by similar existing water services.

1. If a right to appropriate water has been dedicated pursuant to subsection 1 in connection with the approval of a final map filed pursuant to the provisions of NRS 278.010 to 278.630 , inclusive, a supplier of water may not reduce the rate of diversion of the right to appropriate water that has been dedicated unless the State Engineer approves the reduction.

2. Except as otherwise provided in this subsection, a supplier of water may not sell, lease, convey or transfer a right to appropriate water that has been dedicated pursuant to subsection 1. This subsection does not apply to:

(a) Mergers and acquisitions of a water system owned or operated by a utility;

(b) Sales, leases, conveyances or transfers by the supplier of water to:

(1) Develop, improve or maintain the availability and reliability of the water supply; and

(2) Further the sustainable and efficient management of the water supply; or

(c) Settlements of judicial or administrative proceedings concerning a water system owned or operated by a utility.

1. As used in this section:

(a) “Final map” has the meaning ascribed to it in

NRS 278.0145 .

(b) “Modified water service” means a change or alteration to:

(1) The quantity of water delivered to one or more parcels;

(2) The capacity to deliver water to one or more parcels; or

(3) Any facility of the supplier of water necessitated by construction on one or more parcels.

(c) “Supplier of water” includes, without limitation:

(1) Any county, city, town, local improvement district, general improvement district and water conservancy district;

(2) Any water district, water system, water project or water planning and advisory board created by a special act of the Legislature;

(3) A public utility; and

(4) Any other public or private entity,

Ê that supplies water for municipal, industrial or domestic purposes.

(Added to NRS by 2019, 2530 )

NRS 534.011

NRS

534.011

“Area of active management” defined.

“Area of active management” means an area:

1. In which the State Engineer is conducting particularly close monitoring and regulation of the water supply because of heavy use of that supply; and

2. Which has received that designation by the State Engineer pursuant to NRS 534.030 .

(Added to NRS by 1987, 1770 ; A 1989, 598 )

NRS 534.020

NRS

534.020

Underground waters belong to public and are subject to appropriation for beneficial use; declaration of legislative intent.

1. All underground waters within the boundaries of the State belong to the public, and, subject to all existing rights to the use thereof, are subject to appropriation for beneficial use only under the laws of this State relating to the appropriation and use of water and not otherwise.

2. It is the intention of the Legislature, by this chapter, to prevent the waste of underground waters and pollution and contamination thereof and provide for the administration of the provisions thereof by the State Engineer, who is hereby empowered to make such rules and regulations within the terms of this chapter as may be necessary for the proper execution of the provisions of this chapter.

[1:178:1939; 1931 NCL § 7993.10]

NRS 534.030

NRS

534.030

Administration by State Engineer: Petition by appropriators in basin; hearing in absence of petition; certain artesian water, underground aquifers and percolating water; advisory services of governing bodies of water districts and water conservation boards.

1. Upon receipt by the State Engineer of a petition requesting the State Engineer to administer the provisions of this chapter as relating to designated areas, signed by not less than 40 percent of the appropriators of record in the Office of the State Engineer, in any particular basin or portion therein, the State Engineer shall:

(a) Cause to be made the necessary investigations to determine if such administration would be justified.

(b) If the findings of the State Engineer are affirmative, designate the area by basin, or portion therein, and make an official order describing the boundaries by legal subdivision as nearly as possible.

(c) Proceed with the administration of this chapter.

1. In the absence of such a petition from the owners of wells in a groundwater basin which the State Engineer considers to be in need of administration, the State Engineer shall hold a public hearing:

(a) If adequate facilities to hold a hearing are available within the basin; or

(b) If such facilities are unavailable, hold the hearing within the county where the basin lies or within the county, where the major portion of the basin lies,

Ê to take testimony from those owners to determine whether administration of that basin is justified. If the basin is found, after due investigation, to be in need of administration the State Engineer may enter an order in the same manner as if a petition, as described in subsection 1, had been received.

1. The order of the State Engineer may be reviewed by the district court of the county pursuant to NRS 533.450 .

2. The State Engineer shall supervise all wells tapping artesian water or water in definable underground aquifers drilled after March 22, 1913, and all wells tapping percolating water drilled subsequent to March 25, 1939, except those wells for domestic purposes for which a permit is not required.

3. Within any groundwater basin which has been designated or which may hereafter be so designated by the State Engineer, except groundwater basins subject to the provisions of NRS 534.035 , and wherein a water conservation board has been created and established or wherein a water district has been created and established by law to furnish water to an area or areas within the basin or for groundwater conservation purposes, the State Engineer, in the administration of the groundwater law, shall avail himself or herself of the services of the governing body of the water district or the water conservation board, or both of them, in an advisory capacity. The governing body or water board shall furnish such advice and assistance to the State Engineer as is necessary for the purpose of the conservation of groundwater within the areas affected. The services of the governing body or water conservation board must be without compensation from the State, and the services so rendered must be upon reasonable agreements effected with and by the State Engineer.

[4:178:1939; A 1947, 52 ; 1949, 128 ; 1953, 188 ]—(NRS A 1957, 715 ; 1961, 489 ; 1967, 1052 ; 1981, 916 , 1841 ;

1983, 534 )

NRS 534.035

NRS

534.035

Groundwater boards: Establishment; number, appointment, terms and expenses of members; officers; meetings and quorum; duties; dissolution.

1. In each area designated as a groundwater basin by the State Engineer pursuant to the provisions of NRS 534.030 , the board of county commissioners may recommend to the State Engineer that the State Engineer establish a groundwater board. The State Engineer shall determine whether or not a groundwater board is to be established and may direct its establishment by order.

2. If a groundwater board is established, the governing bodies of all the cities and towns within the designated area, the board of county commissioners of each county in which the area is located, and the governing body of any water district in which the area is included, or partly included, shall each submit a list of names of residents of the area to the Governor, who shall appoint seven members of the board. At least one member must be appointed from each list.

3. After the initial terms, the term of office of each member of the board is 4 years. The board shall elect one member as chair and one member as secretary to serve as such at the pleasure of the board.

4. The board shall maintain its headquarters at the county seat of the county in which the designated area is located, or if the area lies in more than one county, in the county seat of one of the counties in which the area is located. The board shall hold meetings at such times and places as it may determine. Special meetings may be called at any time by the secretary at the request of any four members, or by the chair, upon notice specifying the matters to be acted upon at the meeting. No matters other than those specified in the notice may be acted upon at that meeting unless all members are present and consent thereto.

5. A majority of the board constitutes a quorum, and the board shall act only by a majority of those present.

6. For each day’s attendance at each meeting of the groundwater board, or for each day when services are actually performed for the groundwater board, the members are entitled to receive per diem and travel allowances provided by law. Claims for those expenses must be paid as provided in subsection 7 of NRS 534.040 .

7. The State Engineer shall not approve any application or issue any permit to drill a well, appropriate groundwater, change the place or manner of use or the point of diversion of water within the designated area, adopt any related regulations or enter any related orders until the State Engineer has conferred with the board and obtained its written advice and recommendations.

8. It is the intention of the Legislature that the State Engineer and the board be in agreement whenever possible, but, for the purpose of fixing responsibility to the Governor, if there is any disagreement between the State Engineer and the board, the views of the State Engineer prevail. A written report of any such disagreement must be made immediately to the Governor by the State Engineer and the board.

9. Any groundwater board may request from the State Engineer or any other state, county, city or district agency such technical information, data and advice as it may require to perform its functions, and the State Engineer and such other agencies shall, within the resources available to them, furnish such assistance as may be requested.

10. The Governor may dissolve the groundwater board by order if the Governor determines that the future activities of the board are likely to be insubstantial.

(Added to NRS by 1961, 488 ; A 1967, 1252 ; 1973, 182 ; 1977, 1235 ; 1981, 67 , 917 ;

2019, 837 )

NRS 534.037

NRS

534.037

Groundwater management plan for basin designated as critical management area: Petition; hearing; approval or disapproval; judicial review; amendment; certain persons not required to comply; duties of State Engineer if perennial yield modified; review of results.

1. In a basin that has been designated as a critical management area by the State Engineer pursuant to subsection 7 of NRS 534.110 , a petition for the approval of a groundwater management plan for the basin may be submitted to the State Engineer. The petition must:

(a) Be signed by the holders of permits or certificates to appropriate water in the basin that are on file in the Office of the State Engineer who represent a majority of the total groundwater permitted or certificated for use in the basin; and

(b) Be accompanied by a groundwater management plan which must set forth the necessary steps for removal of the basin’s designation as a critical management area.

1. In determining whether to approve a groundwater management plan submitted pursuant to subsection 1, the State Engineer shall consider, without limitation:

(a) The hydrology of the basin;

(b) The physical characteristics of the basin;

(c) The geographic spacing and location of the withdrawals of groundwater in the basin;

(d) The quality of the water in the basin;

(e) The wells located in the basin, including, without limitation, domestic wells;

(f) Whether a groundwater management plan already exists for the basin; and

(g) Any other factor deemed relevant by the State Engineer.

1. Before approving or disapproving a groundwater management plan submitted pursuant to subsection 1, the State Engineer shall hold a public hearing to take testimony on the plan in the county where the basin lies or, if the basin lies in more than one county, within the county where the major portion of the basin lies. The State Engineer shall cause notice of the hearing to be:

(a) Given once each week for 2 consecutive weeks before the hearing in a newspaper of general circulation in the county or counties in which the basin lies.

(b) Posted on the Internet website of the State Engineer for at least 2 consecutive weeks immediately preceding the date of the hearing.

1. The decision of the State Engineer on a groundwater management plan may be reviewed by the district court of the county pursuant to NRS 533.450 .

2. An amendment to a groundwater management plan must be proposed and approved in the same manner as an original groundwater management plan is proposed and approved pursuant to this section.

3. The State Engineer shall not require the holder of a permit or certificate in the basin with a date of priority that is before the date on which permits or certificates for withdrawals of groundwater in the basin were equal to the perennial yield of the basin who does not sign the petition submitted pursuant to subsection 1 to comply with the provisions of a groundwater management plan that is approved pursuant to this section, but the holder of such a permit or certificate may notify the State Engineer in writing that he or she intends to comply with the approved groundwater management plan at any time after the groundwater management plan has been approved.

4. If the State Engineer modifies the perennial yield of a basin pursuant to subsection 2 of NRS 534.039 after a groundwater management plan is submitted pursuant to subsection 1, the State Engineer shall, as applicable:

(a) If the perennial yield is decreased, require all holders of permits or certificates in the basin with a date of priority that is after the date on which permits or certificates for withdrawals of groundwater in the basin were equal to the perennial yield of the basin to comply with the provisions of the approved groundwater management plan; and

(b) If the perennial yield is increased, provide all holders of permits or certificates in the basin with a date of priority that is before the date on which permits or certificates for withdrawals of groundwater in the basin were equal to the perennial yield of the basin the opportunity to opt out of complying with the approved groundwater management plan by notifying the State Engineer in writing that he or she does not intend to comply with the approved groundwater management plan.

1. If a groundwater management plan approved pursuant to this section has been in effect for 10 consecutive years, the State Engineer shall review the results of the groundwater management plan to determine whether there has been significant progress towards stabilizing the water level of the basin, as determined by the State Engineer. If the State Engineer determines there has not been significant progress, the State Engineer shall, except as otherwise provided in subsection 9 of NRS 534.110 , order:

(a) The groundwater management plan dissolved; and

(b) That withdrawals, including, without limitation, withdrawals from domestic wells, be restricted in that basin to conform to priority rights until the water level of the basin is stabilized.

(Added to NRS by 2011, 1383 ; A 2023, 842 )

NRS 534.039

NRS

534.039

Perennial yield of basin designated as critical management area: Duty of State Engineer to affirm, modify and review.

1. If the State Engineer designates a basin as a critical management area pursuant to subsection 7 of NRS 534.110 , the State Engineer shall, in the order designating the critical management area, affirm or modify the perennial yield of the designated basin.

2. The State Engineer may, by order, modify the perennial yield of a basin set forth in the order designating the critical management area pursuant to subsection 1 if the State Engineer determines, after consideration of the best available science, that the perennial yield of the basin is different from the perennial yield set forth in such order.

3. The State Engineer shall, before reviewing the results of a groundwater management plan pursuant to subsection 8 of NRS 534.037 , review the perennial yield of the basin set forth in the order pursuant to subsection 1 and may modify the perennial yield of the basin pursuant to subsection 2 if the State Engineer determines the perennial yield has changed.

(Added to NRS by 2023, 842 )

NRS 534.040

NRS

534.040

Employment and compensation of well supervisor and assistants; levy, collection and distribution of special assessment; exception.

1. Upon the initiation of the administration of this chapter in any particular basin, and where the investigations of the State Engineer have shown the necessity for the supervision over the waters of that basin, the State Engineer may employ a well supervisor and other necessary assistants, who shall execute the duties as provided in this chapter under the direction of the State Engineer. The salaries of the well supervisor and the assistants of the well supervisor must be fixed by the State Engineer. The well supervisor and assistants are exempt from the provisions of chapter 284 of NRS.

2. If the money available from the license fees provided for in NRS 534.140 is not sufficient to pay those salaries, together with necessary expenses, including the compensation and other expenses of the Well Drillers’ Advisory Board, the board of county commissioners shall, except as otherwise provided in this subsection, levy a special assessment annually, or at such time as the assessment is needed, upon all taxable property situated within the confines of the area designated by the State Engineer to come under the provisions of this chapter in an amount as is necessary to pay such salaries and expenses. If the board of county commissioners determines that the amount of a special assessment levied upon a property owner pursuant to this section when combined with the amount of all other taxes and assessments levied upon the property owner is less than the cost of collecting the special assessment levied pursuant to this subsection, the board of county commissioners may exempt the property owner from the assessment and appropriate money from the general fund of the county to pay the cost of the assessment.

3. Except as otherwise provided in subsection 2, in designated areas within which the use of groundwater is predominantly for agricultural purposes, any special assessment levied pursuant to this section must be charged against each water user who has a permit to appropriate water or a perfected water right, and the charge against each water user must be based upon the proportion which his or her water right bears to the aggregate water rights in the designated area. The minimum charge is $1.

4. The salaries and expenses may be paid by the State Engineer from the Water Distribution Revolving Account pending the levy and collection of an assessment levied pursuant to this section.

5. Except as otherwise provided in subsection 2, if a special assessment is levied pursuant to this section, the proper officers of the county shall levy and collect the special assessment as other special assessments are levied and collected, and the assessment is a lien upon the property.

6. Any special assessment collected pursuant to this section must be deposited with the State Treasurer for credit to the Water District Account to be accounted for in basin well accounts.

7. Upon determination and certification by the State Engineer of the amount to be budgeted for the current or ensuing fiscal year for the purpose of paying the per diem and travel allowances of the groundwater board and employing consultants or other help needed to fulfill its responsibilities, the State Controller shall transfer that amount to a separate operating account for that fiscal year for the groundwater basin. Claims against the account must be approved by the groundwater board and paid as other claims against the State are paid. The State Engineer may use money in a particular basin well account to support an activity outside the basin in which the money is collected if the activity bears a direct relationship to the responsibilities or activities of the State Engineer regarding the particular groundwater basin.

[5:178:1939; A 1943, 139 ; 1947, 52 ; 1953, 188 ]—(NRS A 1957, 716 ; 1963, 796 ; 1967, 1253 ; 1969, 342 ; 1979, 668 ; 1985, 694 ; 1991, 1784 ; 1993, 2352 ; 1995, 222 ; 2019, 838 )

NRS 534.050

NRS

534.050

Permit to appropriate water required before sinking well in designated groundwater basin; requirements in undesignated areas; waivers; penalties.

1. Except as otherwise provided in subsection 2 and NRS 534.180 , every person desiring to sink or bore a well in any basin or portion therein in the State designated by the State Engineer, as provided for in this chapter, must first make application to and obtain from the State Engineer a permit to appropriate the water, pursuant to the provisions of chapter 533 of NRS relating to the appropriation of the public waters, before performing any work in connection with the boring or sinking of the well.

2. Upon written application and a showing of good cause, the State Engineer may issue a written waiver of the requirements of subsection 1:

(a) For exploratory wells to be drilled to determine the availability of water or the quality of available water;

(b) To allow temporary use of the water in constructing a highway or exploring for water, oil, gas, minerals or geothermal resources; or

(c) For wells to be drilled in shallow groundwater systems and pumped to alleviate potential hazards to persons and property resulting from the rise of groundwater caused by secondary recharge. If practical, approved by the State Engineer and consistent with this chapter and chapter 533 of NRS, the withdrawn water must be used for some other beneficial use.

1. In other basins or portions of basins which have not been designated by the State Engineer no application or permit to appropriate water is necessary until after the well is sunk or bored and water developed. Before any diversion of water may be made from the well, the appropriator must make application to and obtain from the State Engineer, pursuant to the provisions of chapter 533 of NRS, a permit to appropriate the water.

2. Upon written application and a showing of good cause, the State Engineer may issue a written waiver of the requirements of subsection 3, to allow temporary use of water in constructing a highway or exploring for water, oil, gas, minerals or geothermal resources.

3. Any person using water after a permit has been withdrawn, denied, cancelled, revoked or forfeited is guilty of a misdemeanor. Each day of violation of this subsection constitutes a separate offense and is separately punishable.

[6:178:1939; A 1943, 139 ; 1947, 52 ; 1949, 128 ; 1953, 190 ]—(NRS A 1957, 716 ; 1967, 1053 ; 1979, 183 , 242 ;

1981, 659 ; 1983, 2090 ; 1985, 490 ; 1987, 1776 ; 1997, 1621 ; 2007, 842 )

NRS 534.060

NRS

534.060

Conditions for sinking wells; casings and appliances; repair of defective wells; liens; sealing of wells; use of abandoned wells to monitor groundwater.

1. During the sinking or boring of a well the permittee shall cause to be placed in the well a proper and sufficient casing approved by the State Engineer, so arranged as to prevent the caving in of the well and to prevent the escape of water therefrom through any intervening sand or gravel stratum, which casing must be of sufficient length to reach the deepest aquifer encountered during the sinking or boring of the well.

2. The number, size, type and distribution of perforations is optional with the permittee, except that no perforations may be made in a pipe tapping confined (artesian) water above the confining impervious materials.

3. The permittee shall provide the necessary valves, plugs or other appliances to prevent or control the flow of water from the well and prevent the loss of underground water above or below the ground surface.

4. If in the judgment of the State Engineer a well is in any manner defective the State Engineer may order the owner to repair the well or, in the discretion of the State Engineer, may cause the well to be repaired or sealed. If the State Engineer elects to repair or seal the well, the cost of repairing or sealing the well must be paid from the water distribution account and must not be charged to the owner of the well or be a lien on the land upon which the well is located or on other land of the owner to which water from the well is appurtenant.

5. If the State Engineer orders the owner to repair the well and if upon 15 days’ written notice by registered or certified mail, return receipt requested, the owner fails to repair the well, the State Engineer or the assistants or authorized agents of the State Engineer may, without further notice, take such steps as may be necessary to effect such repairs. The cost thereof, including the labor and material, may in the first instance be paid by the State Engineer from the Water Distribution Revolving Account, but any such cost in any event is a lien on the land on which the well is located and, also, any other land possessed by the well owner to which the water from the well is appurtenant.

6. The State Engineer, or the assistants or authorized agents of the State Engineer, as the case may be, shall file an itemized and sworn statement, setting forth the date when the work was done and the nature of the labor so performed, with the board of county commissioners of the county wherein the charge and expense were incurred. The board of county commissioners shall thereupon present a bill for the expense 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.

7. When a well is abandoned or about to be abandoned, the owner, in lieu of plugging the well, may advise the State Engineer and other interested hydrologic entities that the well is available to monitor the groundwater. If, in the opinion of the State Engineer, the well would be useful as a site for monitoring, the State Engineer may grant the owner a waiver of the requirement that the well be plugged.

8. The State Engineer may grant the owner of a well a waiver of the requirement that the well be plugged under circumstances other than those set forth in subsection 7. The State Engineer shall adopt regulations that provide a procedure by which the State Engineer may approve a waiver from the requirement of plugging an abandoned well pursuant to this subsection.

[7:178:1939; A 1947, 52 ; 1943 NCL § 7993.16]—(NRS A 1957, 717 ; 1961, 448 ; 1967, 192 ; 1979, 669 ; 1987, 1777 ; 2005, 455 )

NRS 534.065

NRS

534.065

Replacement well: Application to change place of diversion not required in certain circumstances; notice.

1. If a person is seeking to sink or bore a replacement well to divert groundwater already appropriated and:

(a) The original site of the well and the site of the replacement well are on public lands or on property owned by the same person for whom the groundwater has already been appropriated; and

(b) The site of the replacement well is located not more than 300 feet from the original place of diversion described on the permit to appropriate water,

Ê the person is not required to file an application to change the place of diversion pursuant to NRS 533.345 .

1. If a change to the site of a replacement well meets the requirements of subsection 1, the site of the replacement well must be located anywhere on public lands or on the property of the person who holds the permit to appropriate water that is not more than 300 feet from the original place of diversion described on the permit to appropriate water.

2. The person who holds the permit to appropriate water must:

(a) Record the site of the replacement well in the office of the county recorder of each county in which the water is applied to beneficial use and in each county in which the water is diverted from its natural source; and

(b) Inform the State Engineer of the site of the replacement well.

Ê Compliance with the provisions of this subsection shall be deemed to impart notice of the site of the replacement well to all persons.

1. If a person is seeking to sink or bore a replacement well on public lands, the person must notify any relevant federal agency that is charged with administering such public lands and comply with all applicable federal laws.

2. As used in this section, “public lands” has the meaning ascribed to it in NRS 408.078 .

(Added to NRS by 2019, 2525 ; A 2023, 706 )

NRS 534.070

NRS

534.070

Waste of water from artesian well unlawful.

1. No person controlling an artesian well in any basin in Nevada shall suffer the waters therefrom to flow to waste, unless, and as far as reasonably necessary in the judgment of the State Engineer, to prevent the obstruction thereof, or to flow or be taken therefrom except for beneficial purposes.

2. The owner of any artesian well from which water is being unnecessarily wasted shall be guilty of a misdemeanor.

[8:178:1939; A 1943, 139 ; 1947, 52 ; 1955, 328 ]—(NRS A 1957, 720 )

NRS 534.080

NRS

534.080

Appropriation of underground water for beneficial use from artesian, definable aquifer or percolating water: Acquisition of rights under

chapter 533

of NRS; orders to desist; dates of priority.

1. A legal right to appropriate underground water for beneficial use from an artesian or definable aquifer subsequent to March 22, 1913, or from percolating water, the course and boundaries of which are incapable of determination, subsequent to March 25, 1939, can only be acquired by complying with the provisions of chapter 533 of NRS pertaining to the appropriation of water.

2. The State Engineer may, upon written notice sent by registered or certified mail, return receipt requested, advise the owner of a well who is using water therefrom without a permit to appropriate the water to cease using the water until the owner has complied with the laws pertaining to the appropriation of water. If the owner fails to initiate proceedings to secure such a permit within 30 days after the date of the notice, the owner is guilty of a misdemeanor.

3. Except as otherwise provided in subsection 4 and NRS 534.180 , the date of priority of all appropriations of water from an underground source mentioned in this section is the date when application is made in proper form and filed in the Office of the State Engineer pursuant to the provisions of chapter 533 of NRS.

4. The date of priority for the use of underground water from a well for domestic purposes where the draught does not exceed 2 acre-feet per year is the date of completion of the well as:

(a) Recorded by the well driller on the log the well driller files with the State Engineer pursuant to NRS 534.170 ; or

(b) Demonstrated through any other documentation or evidence specified by the State Engineer.

[9:178:1939; A 1947, 52 ; 1943 NCL § 7993.18]—(NRS A 1957, 718 ; 1967, 195 ; 2007, 843 )

NRS 534.090

NRS

534.090

Forfeiture and abandonment of rights.

1. Except as otherwise provided in this section, failure for 5 successive years after April 15, 1967, on the part of the holder of any right, whether it is an adjudicated right, an unadjudicated right or a right for which a certificate has been issued pursuant to NRS 533.425 , and further whether the right is initiated after or before March 25, 1939, to use beneficially all or any part of the underground water for the purpose for which the right is acquired or claimed, works a forfeiture of both undetermined rights and determined rights to the use of that water to the extent of the nonuse.

2. If the records of the State Engineer or any other documents obtained by or provided to the State Engineer indicate 4 or more consecutive years of nonuse of all or any part of a water right which is governed by this chapter:

(a) The State Engineer shall notify the owner of the water right, as determined in the records of the Office of the State Engineer, by registered or certified mail of the nonuse and that the owner has 1 year after the date of the notice of nonuse in which to use the water right beneficially and to provide proof of such use to the State Engineer or apply for relief pursuant to subsection 3 to avoid forfeiting the water right.

(b) If, after 1 year after the date of the notice of nonuse pursuant to paragraph (a), proof of resumption of beneficial use is not filed in the Office of the State Engineer, the State Engineer shall, unless the State Engineer has granted a request to extend the time necessary to work a forfeiture of the water right, send a final notice to the owner of the water right, as determined in the records of the Office of the State Engineer, by registered or certified mail, that the water right is held for forfeiture. If the owner of the water right, within 30 days after the date of such final notice, fails to file the required proof of resumption of beneficial use or an application for an extension of time to prevent forfeiture, the State Engineer shall declare the right, or the portion of the right not returned to beneficial use, forfeited. The State Engineer shall send notice of the declaration of forfeiture, by registered or certified mail, to the owner of record, as determined in the records of the Office of the State Engineer, of the water right that has been declared forfeited.

(c) If, after receipt of a notice of the declaration of forfeiture pursuant to paragraph (b), the owner of record of the water right fails to appeal the ruling in the manner provided for in NRS 533.450 , and within the time provided for therein, the forfeiture becomes final. Upon the forfeiture of the water right, the water reverts to the public and is available for further appropriation, subject to existing rights.

1. The State Engineer may, upon the request of the holder of any right described in subsection 1, extend the time necessary to work a forfeiture under subsection 2 if the request is made before the expiration of the time necessary to work a forfeiture. Except as otherwise provided in subsection 4, the State Engineer may grant, upon request and for good cause shown, any number of extensions, but a single extension must not exceed 1 year. In determining whether to grant or deny a request, the State Engineer shall, among other reasons, consider:

(a) Whether the holder has submitted proof and evidence that the holder is proceeding in good faith and with reasonable diligence to resume use of the water beneficially for the purpose for which the holder’s right is acquired or claimed;

(b) The number of years during which the water has not been put to the beneficial use for which the right is acquired or claimed;

(c) Any economic conditions or natural disasters which made the holder unable to put the water to that use;

(d) Whether the water right is located in a basin within a county under a declaration of drought by the Governor, United States Secretary of Agriculture or the President of the United States;

(e) Whether the holder has demonstrated efforts to conserve water which have resulted in a reduction in water consumption;

(f) Whether the water right is located in a basin that has been designated as a critical management area by the State Engineer pursuant to subsection 7 of NRS 534.110 ;

(g) The date of priority of the water right as it relates to the potential curtailment of water use in the basin;

(h) The availability of water in the basin, including, without limitation, whether withdrawals of water consistently exceed the perennial yield of the basin; and

(i) Any orders restricting use or appropriation of water in the basin.

Ê The State Engineer shall notify, by registered or certified mail, the owner of the water right, as determined in the records of the Office of the State Engineer, of whether the State Engineer has granted or denied the holder’s request for an extension pursuant to this subsection. If the State Engineer grants an extension pursuant to this subsection and, before the expiration of that extension, proof of resumption of beneficial use or another request for an extension is not filed in the Office of the State Engineer, the State Engineer shall send a final notice to the owner of the water right, by registered or certified mail, that the water right will be declared forfeited if the owner of the water right fails to file the required proof of resumption of beneficial use or an application for an extension of time to prevent forfeiture within 30 days after the date of the final notice. If the owner of the water right fails to file the required proof of resumption of beneficial use or an application for an extension of time to prevent forfeiture within 30 days after the date of such final notice, the State Engineer shall declare the water right, or the portion of the right not returned to beneficial use, forfeited.

1. If the State Engineer grants an extension pursuant to subsection 1 in a basin:

(a) Where withdrawals of groundwater consistently exceed the perennial yield of the basin; or

(b) That has been designated as a critical management area by the State Engineer pursuant to subsection 7 of NRS 534.110 ,

Ê a single extension must not exceed 3 years, but any number of extensions may be granted to the holder of such a right.

1. The failure to receive a notice pursuant to subsection 2 or 3 does not nullify the forfeiture or extend the time necessary to work the forfeiture of a water right.

2. A right to use underground water whether it is vested or otherwise may be lost by abandonment. If the State Engineer, in investigating a groundwater source, upon which there has been a prior right, for the purpose of acting upon an application to appropriate water from the same source, is of the belief from his or her examination that an abandonment has taken place, the State Engineer shall so state in the ruling approving the application. If, upon notice by registered or certified mail to the owner of record who had the prior right, the owner of record of the prior right fails to appeal the ruling in the manner provided for in NRS 533.450 , and within the time provided for therein, the alleged abandonment declaration as set forth by the State Engineer becomes final.

[9a:178:1939; added 1947, 52 ; 1943 NCL § 7993.18a]—(NRS A 1967, 193 , 1053 ;

1981, 1842 ; 1983, 1650 ; 1995, 1016 ; 2003, 651 ; 2007, 844 ; 2011, 504 , 1384 ;

2017, 656 , 3505 )

NRS 534.100

NRS

534.100

Recognition of existing water rights; classification of water in definable aquifer or percolating water by State Engineer; adjudication of vested underground water rights.

1. Existing water rights to the use of underground water are hereby recognized. For the purpose of this chapter a vested right is a water right on underground water acquired from an artesian or definable aquifer prior to March 22, 1913, and an underground water right on percolating water, the course and boundaries of which are incapable of determination, acquired prior to March 25, 1939. The distinction as to whether water is in a definable aquifer or whether it is percolating water, the course and boundaries of which are incapable of determination, is a matter to be determined by the State Engineer.

2. Any claimant of a vested underground water right may petition the State Engineer to adjudicate such rights. If upon investigation the State Engineer finds the facts and conditions justify it, the State Engineer shall enter an order granting the petition and shall make proper arrangements to proceed with such determination. In the order the State Engineer shall designate the area within which such determination is to be made, but the size of such designated area may include other claimed underground vested water rights. Such designated area shall not extend into other drainage basins. Following the designation of such area the State Engineer shall proceed with adjudicating such rights as provided for in chapter 533 of NRS.

[9a:178:1939; added 1947, 52 ; 1943 NCL § 7993.18b]—(NRS A 1957, 718 )

NRS 534.110

NRS

534.110

Rules and regulations of State Engineer; statements and pumping tests; conditions of appropriation; designation of critical management areas; restrictions; limit to restrictions on domestic wells.

1. The State Engineer shall administer this chapter and shall prescribe all necessary regulations within the terms of this chapter for its administration.

2. The State Engineer may:

(a) Require periodical statements of water elevations, water used, and acreage on which water was used from all holders of permits and claimants of vested rights.

(b) Upon his or her own initiation, conduct pumping tests to determine if overpumping is indicated, to determine the specific yield of the aquifers and to determine permeability characteristics.

1. The State Engineer shall determine whether there is unappropriated water in the area affected and may issue permits only if the determination is affirmative. The State Engineer may require each applicant to whom a permit is issued for a well:

(a) For municipal, quasi-municipal or industrial use; and

(b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,

Ê to report periodically to the State Engineer concerning the effect of that well on other previously existing wells that are located within 2,500 feet of the well.

1. It is a condition of each appropriation of groundwater acquired under this chapter that the right of the appropriator relates to a specific quantity of water and that the right must allow for a reasonable lowering of the static water level at the appropriator’s point of diversion. In determining a reasonable lowering of the static water level in a particular area, the State Engineer shall consider the economics of pumping water for the general type of crops growing and may also consider the effect of using water on the economy of the area in general.

2. This section does not prevent the granting of permits to applicants later in time on the ground that the diversions under the proposed later appropriations may cause the water level to be lowered at the point of diversion of a prior appropriator, so long as any protectable interests in existing domestic wells as set forth in NRS 533.024 and the rights of holders of existing appropriations can be satisfied under such express conditions. At the time a permit is granted for a well:

(a) For municipal, quasi-municipal or industrial use; and

(b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,

Ê the State Engineer shall include as a condition of the permit that pumping water pursuant to the permit may be limited or prohibited to prevent any unreasonable adverse effects on an existing domestic well located within 2,500 feet of the well, unless the holder of the permit and the owner of the domestic well have agreed to alternative measures that mitigate those adverse effects.

1. Except as otherwise provided in subsection 7, the State Engineer shall conduct investigations in any basin or portion thereof where it appears that the average annual replenishment to the groundwater supply may not be adequate for the needs of all permittees and all vested-right claimants, and if the findings of the State Engineer so indicate, except as otherwise provided in subsection 9, the State Engineer may order that withdrawals, including, without limitation, withdrawals from domestic wells, be restricted to conform to priority rights until the water level of the basin is stabilized.

2. The State Engineer:

(a) May designate as a critical management area any basin in which withdrawals of groundwater consistently exceed the perennial yield of the basin.

(b) Shall designate as a critical management area any basin in which withdrawals of groundwater consistently exceed the perennial yield of the basin upon receipt of a petition for such a designation which is signed by the holders of certificates or permits to appropriate water in the basin that are on file in the Office of the State Engineer who represent a majority of groundwater permitted or certificated for use in the basin.

Ê The designation of a basin as a critical management area pursuant to this subsection may be appealed pursuant to NRS 533.450 . If a basin has been designated as a critical management area for 10 consecutive years, except as otherwise provided in subsection 9, the State Engineer shall order that withdrawals, including, without limitation, withdrawals from domestic wells, be restricted in that basin to conform to priority rights until the water level of the basin is stabilized, unless a groundwater management plan has been approved for the basin pursuant to NRS 534.037 .

1. In any basin or portion thereof in the State designated by the State Engineer, the State Engineer may restrict drilling of wells in any portion thereof if the State Engineer determines that additional wells would cause an undue interference with existing wells. Any order or decision of the State Engineer so restricting drilling of such wells may be reviewed by the district court of the county pursuant to NRS 533.450 .

2. If a court of competent jurisdiction orders the State Engineer to restrict withdrawals to conform to priority rights or if pursuant to subsection 6 or 7 or subsection 8 of NRS 534.037 the State Engineer orders that withdrawals be restricted to conform to priority rights, the State Engineer must limit the restriction of withdrawals from a domestic well to allow a domestic well to continue to withdraw 0.5 acre-feet of water per year, which must be recorded by a water meter.

[10:178:1939; A 1947, 52 ; 1949, 128 ; 1955, 328 ]—(NRS A 1993, 2641 ; 2001, 553 ; 2011, 1385 ; 2019, 1789 ; 2023, 844 )

NRS 534.120

NRS

534.120

State Engineer authorized to make rules, regulations and orders when groundwater is being depleted in designated area; preferred uses of water; temporary permits to appropriate water; revocation of temporary permits; restrictions placed on appropriations of groundwater and certain domestic wells in area in which temporary permit issued.

1. Within an area that has been designated by the State Engineer, as provided for in this chapter, where, in the judgment of the State Engineer, the groundwater basin is being depleted, the State Engineer in his or her administrative capacity may make such rules, regulations and orders as are deemed essential for the welfare of the area involved.

2. In the interest of public welfare, the State Engineer is authorized and directed to designate preferred uses of water within the respective areas so designated by the State Engineer and from which the groundwater is being depleted, and in acting on applications to appropriate groundwater, the State Engineer may designate such preferred uses in different categories with respect to the particular areas involved within the following limits:

(a) Domestic, municipal, quasi-municipal, industrial, irrigation, mining and stock-watering uses; and

(b) Any uses for which a county, city, town, public water district or public water company furnishes the water.

1. The State Engineer may only issue temporary permits to appropriate groundwater if water cannot be furnished by a public entity such as a water district or municipality presently engaged in furnishing water to the inhabitants thereof. Such temporary permits can be limited as to time and may be revoked if and when:

(a) Water can be furnished by a public entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof; and

(b) The property served is within 1,250 feet of the water furnished pursuant to paragraph (a).

Ê The holder of a temporary permit that is revoked pursuant to this subsection must be given 730 days from the date of revocation to connect to the public entity furnishing water.

1. In a basin designated pursuant to NRS 534.030 , the State Engineer may:

(a) Deny applications to appropriate groundwater for any use in areas served by a public entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants of the area.

(b) Limit the depth of domestic wells.

(c) Prohibit the drilling of wells for domestic use in areas where water can be furnished by a public entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof.

(d) In connection with the approval of a parcel map in which any parcel is proposed to be served by a domestic well, require the dedication to a city or county or a designee of a city or county, or require a relinquishment to the State Engineer, of any right to appropriate water required by the State Engineer to ensure a sufficient supply of water for each of those parcels, unless the dedication of the right to appropriate water is required by a local ordinance.

1. In an area in which have been issued temporary permits pursuant to subsection 3, the State Engineer:

(a) Shall:

(1) Deny any applications to appropriate groundwater for use in areas served by a public entity such as a water district or a municipality presently engaged in furnishing water;

(2) Limit the depth of a domestic well; or

(3) Prohibit the drilling of wells for domestic use in areas where water can be furnished by a public entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants; and

(b) May prohibit repairs from being made to a domestic well, and may require the person proposing to deepen or repair the domestic well to obtain water from a public entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area, only if:

(1) The distance from the property line of any parcel served by the well to the pipes and other appurtenances of the proposed source of water to which the property will be connected is not more than 180 feet; and

(2) The deepening or repair of the well would require the use of a well-drilling rig.

1. For good and sufficient reasons, the State Engineer may exempt the provisions of this section with respect to public housing authorities.

2. The provisions of this section do not prohibit the State Engineer from revoking a temporary permit issued pursuant to this section if any parcel served by a well pursuant to the temporary permit is currently obtaining water from a public entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the area.

[10.5:178:1939; added 1955, 328 ]—(NRS A 1989, 1401 ; 1999, 3542 ; 2001, 555 ; 2003, 622 , 624 ;

2007, 845 ; 2023, 1279 )

NRS 534.125

NRS

534.125

State Engineer to file notice related to temporary permit.

If the State Engineer issues a temporary permit pursuant to NRS 534.120 or if a well for domestic use is drilled in an area in which the State Engineer has issued such a temporary permit, the State Engineer shall file a notice with the county recorder of the county in which the permit is issued or the well is drilled. The notice must include a statement indicating that, if and when water can be furnished by an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area:

1. A temporary permit may be revoked;

2. The owner of a domestic well may be prohibited from deepening or repairing the well; and

3. The owner of the property served by the well may be required to connect to this water source at his or her own expense.

(Added to NRS by 1999, 3541 )

NRS 534.130

NRS

534.130

State Engineer, assistants and Artesian Well Supervisor authorized to enter premises to investigate and carry out duties.

The State Engineer, or the assistants or authorized agents of the State Engineer, and the Artesian Well Supervisor, or the assistants of the Artesian Well Supervisor, shall have the right to enter the premises of any owner or proprietor where any well mentioned in this chapter is situated at any reasonable hour of the day for the purpose of investigating and carrying out their duties in the administration of this chapter.

[11:178:1939; 1931 NCL § 7993.20]

NRS 534.140

NRS

534.140

Well drillers: Annual licenses; fees; continuing education; regulations for well drilling; licensing by State Contractors’ Board.

1. Every well driller, before engaging in the physical drilling of a well in this State for development of water, must annually apply to the State Engineer for a license to drill.

2. The applications for those licenses and all licenses issued for the drilling of wells must be in the form prescribed by the State Engineer.

3. All well-drilling licenses expire on June 30 following their issuance and are not transferable.

4. A fee of $100 must accompany each application for a license and a fee of $50 must be paid each year for renewal of the license.

5. Those license fees must be accounted for in the State Engineer’s Water License Account and used to pay costs pertaining to licensing, the adoption and enforcement of regulations for well drilling and the compensation of the members of the Well Drillers’ Advisory Board and their expenses.

6. The State Engineer, after consulting with the Well Drillers’ Advisory Board, shall adopt regulations relating to continuing education for well drillers.

7. The State Engineer shall prepare and keep on file in the Office of the State Engineer regulations for well drilling.

8. Before engaging in the physical drilling of a well in this State for the development of water, every well driller who is the owner of a well-drilling rig, or who has a well-drilling rig under lease or rental, or who has a contract to purchase a well-drilling rig, must obtain a license as a well driller from the State Contractors’ Board.

[Part 7a:178:1939; added 1947, 52 ; A 1955, 328 ]—(NRS A 1957, 719 ; 1963, 797 ; 1979, 115 ; 1983, 407 ; 1991, 63 , 1785 ;

2005, 456 )

NRS 534.1405

NRS

534.1405

Well drillers: Petition for review of criminal history to obtain license; requirements; fee; report.

1. The State Engineer shall develop and implement a process by which a person with a criminal history may petition the State Engineer to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license to drill pursuant to NRS 534.140 .

2. Not later than 90 days after a petition is submitted to the State Engineer pursuant to subsection 1, the State Engineer shall inform the person of the determination of the State Engineer of whether the person’s criminal history will disqualify the person from obtaining a license. The State Engineer is not bound by his or her determination of disqualification or qualification and may rescind such a determination at any time.

3. The State Engineer may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

4. A person with a criminal history may petition the State Engineer at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the State Engineer.

5. A person may submit a new petition to the State Engineer not earlier than 2 years after the final determination of the initial petition submitted to the State Engineer.

6. The State Engineer may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The State Engineer may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

7. The State Engineer may post on its Internet website:

(a) The requirements to obtain a license from the State Engineer; and

(b) A list of crimes, if any, that would disqualify a person from obtaining a license from the State Engineer.

1. The State Engineer may request the criminal history record of a person who petitions the State Engineer for a determination pursuant to subsection 1. To the extent consistent with federal law, if the State Engineer makes such a request of a person, the State Engineer shall require the person to submit his or her criminal history record which includes a report from:

(a) The Central Repository for Nevada Records of Criminal History; and

(b) The Federal Bureau of Investigation.

1. A person who petitions the State Engineer for a determination pursuant to subsection 1 shall not submit false or misleading information to the State Engineer.

2. The State Engineer shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

(a) The number of petitions submitted to the State Engineer pursuant to subsection 1;

(b) The number of determinations of disqualification made by the State Engineer pursuant to subsection 1;

(c) The reasons for such determinations; and

(d) Any other information that is requested by the Director or which the State Engineer determines would be helpful.

1. The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

(Added to NRS by 2019, 2942 )

NRS 534.141

NRS

534.141

Application for renewal of license must include certain information regarding state business license; grounds for denial of renewal.

1. In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license to drill pursuant to NRS 534.140 must indicate in the application submitted to the State Engineer whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

2. A license to drill issued pursuant to NRS 534.140 may not be renewed by the State Engineer if:

(a) The applicant fails to submit the information required by subsection 1; or

(b) The State Controller has informed the State Engineer pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

(1) Satisfied the debt;

(2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130 ; or

(3) Demonstrated that the debt is not valid.

1. As used in this section:

(a) “Agency” has the meaning ascribed to it in NRS 353C.020 .

(b) “Debt” has the meaning ascribed to it in NRS 353C.040 .

(Added to NRS by 2013, 2736 )

NRS 534.142

NRS

534.142

Payment of child support: Statement by applicant for license to drill; grounds for denial of license; duty of State Engineer. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. An applicant for the issuance or renewal of a license to drill pursuant to NRS 534.140 shall submit to the State Engineer the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520 . The statement must be completed and signed by the applicant.

2. The State Engineer shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the State Engineer.

1. A license to drill may not be issued or renewed by the State Engineer if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

1. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the State Engineer shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2088 )

NRS 534.144

NRS

534.144

Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. If the State Engineer receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to drill issued pursuant to NRS 534.140 , the State Engineer shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the State Engineer receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560 .

2. The State Engineer shall reinstate a license to drill issued pursuant to NRS 534.140 that has been suspended by a district court pursuant to NRS 425.540 if the State Engineer receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560 .

(Added to NRS by 1997, 2089 )

NRS 534.150

NRS

534.150

Well Drillers’ Advisory Board: Appointment; terms of members; vacancies; compensation; duties.

1. For the purpose of examining applicants for well drillers’ licenses, the State Engineer may appoint a Well Drillers’ Advisory Board referred to in this section as the “Board.” The Board may be on a regional or statewide basis.

2. In making the initial appointments, the State Engineer shall appoint members to staggered terms of 1, 2 and 3 years. After the initial terms, members shall serve for 3-year terms.

3. The State Engineer may fill vacancies on the Board.

4. Each member of the Board is entitled to receive $60 for each day and $30 for each half day spent doing the work of the Board. Any time spent by members of the Board in work or travel necessary to the discharge of their duties which is less than a full day but more than a half day must be treated for compensation as a full day. Any time less than a half day must be treated as a half day.

5. The purpose of the Board is to determine the qualifications of an applicant as a well driller and to submit its findings to the State Engineer.

6. Regulations of the Board on examining applicants for well drillers’ licenses must be developed by the State Engineer in cooperation with the Board upon its creation.

7. If a hearing is held by the State Engineer to determine whether a licensed well driller is complying with the law or the regulations pertaining to well drilling, the State Engineer may avail himself or herself of the services of the Board in an advisory capacity.

[Part 7a:178:1939; added 1947, 52 ; A 1955, 328 ]—(NRS A 1963, 798 ; 1977, 1236 ; 1979, 793 ; 1981, 1986 ; 1985, 434 )

NRS 534.160

NRS

534.160

License required to drill well; revocation of or refusal to reissue license; order to plug well; penalty for allowing unlicensed person to drill.

1. A person shall not drill a well for water in this State without having first obtained a well-drilling license.

2. Well drillers must comply with the regulations adopted by the State Engineer governing the drilling of water wells.

3. If the State Engineer determines, upon investigation and after hearing held upon at least 15 days’ notice sent by registered or certified mail to the licensed well driller, that the well driller has failed to comply with the law or the required regulations, the State Engineer may revoke the license. The State Engineer may refuse to reissue a license to a well driller if the well driller has violated the law or the regulations.

4. The order revoking or refusing to reissue a license is final unless an action for review by the district court is filed pursuant to NRS 533.450 .

5. The State Engineer shall order any person who drills a well without a license to plug that well. If the well is not plugged within 30 days after the order, the State Engineer shall plug the well at the expense of the person who owned or drilled the well.

6. If any licensed driller who owns, rents, leases or has a contract to purchase a well-drilling rig allows an unlicensed person to drill or perform any work in connection with well drilling, except under the supervision of the licensed driller, the license must be revoked or not reissued.

[Part 7a:178:1939; added 1947, 52 ; A 1955, 328 ]—(NRS A 1957, 719 ; 1969, 95 ; 1981, 360 )

NRS 534.170

NRS

534.170

Well driller to keep log and records; contents; information to be furnished to State Engineer; report of test.

1. The well driller shall keep:

(a) A log of the depth, thickness and character of the different strata penetrated and the location of water-bearing strata; and

(b) An accurate record of the work, including:

(1) A statement of the date of beginning work;

(2) The date of completion;

(3) The length, size and weight of the casing and how it is placed;

(4) The size of the drilled hole;

(5) Where sealed off and the type of seal;

(6) The name of the well driller and the type of drilling machine used;

(7) The number of cubic feet per second or gallons per minute of flow from such well when completed; and

(8) The pressure in pounds per square inch if it is a flowing well, and, if nonflowing, the static water level, and the water temperature.

1. The well driller shall furnish a copy of the log and the record of work for every well drilled to the State Engineer within 30 days after the well is completed.

2. If the well is to be tested by pumping by the holder of the permit, the report of the test must include the drawdown with respect to the amount of water pumped and any additional information requested by the State Engineer. This information must be reported and verified on forms prescribed by the State Engineer. The report must be returned:

(a) Immediately following the completion of the test; or

(b) Within 30 days following the completion of the well,

Ê whichever occurs later.

1. The log, record of the work and report of the test are a permanent record in the Office of the State Engineer.

[Part 7a:178:1939; added 1947, 52 ; A 1955, 328 ]—(NRS A 1981, 1842 )

NRS 534.180

NRS

534.180

Applicability of chapter to wells used for domestic purposes; registration and plugging of wells used for domestic purposes; wells for accessory dwelling unit of single-family dwelling.

1. Except as otherwise provided in subsection 2 and as to the furnishing of any information required by the State Engineer, this chapter does not apply in the matter of obtaining permits for the development and use of underground water from a well for domestic purposes where the draught does not exceed 2 acre-feet per year.

2. The State Engineer may designate any groundwater basin or portion thereof as a basin in which the registration of a well is required if the well is drilled for the development and use of underground water for domestic purposes. A driller who drills such a well shall register the information required by the State Engineer within 10 days after the completion of the well. The State Engineer shall make available forms for the registration of such wells and shall maintain a register of those wells.

3. The State Engineer may require the plugging of such a well which is drilled on or after July 1, 1981, at any time not sooner than 1 year after water can be furnished to the site by:

(a) A political subdivision of this State; or

(b) A public utility whose rates and service are regulated by the Public Utilities Commission of Nevada,

Ê but only if such a well is within 1,250 feet of a municipal water system.

1. If the development and use of underground water from a well for an accessory dwelling unit of a single-family dwelling, as defined in an applicable local ordinance, qualifies as a domestic use or domestic purpose:

(a) The owner of the well shall:

(1) Obtain approval for that use or purpose from the local governing body or planning commission in whose jurisdiction the well is located;

(2) Install a water meter capable of measuring the total withdrawal of water from the well; and

(3) Ensure the total withdrawal of water from the well does not exceed 2 acre-feet per year;

(b) The local governing body or planning commission shall report the approval of the accessory dwelling unit on a form provided by the State Engineer;

(c) The State Engineer shall monitor the annual withdrawal of water from the well; and

(d) The date of priority for the use of the domestic well to supply water to the accessory dwelling unit is the date of approval of the accessory dwelling unit by the local governing body or planning commission.

[3:178:1939; A 1947, 52 ; 1949, 128 ; 1955, 328 ]—(NRS A 1971, 868 ; 1977, 383 ; 1981, 1843 ; 1983, 2090 ; 1985, 1302 ; 1997, 2010 ; 2007, 846 ; 2023, 1280 )

NRS 534.185

NRS

534.185

Waiver of certain requirements for domestic wells by State Engineer; exceptions.

1. The State Engineer shall, upon written request and receipt of a written agreement between the affected property owners, waive the requirements of this chapter regarding permits for the use and development of underground water from a well if:

(a) The well existed on July 1, 1983;

(b) It is used solely for domestic purposes by not more than three single-family dwellings; and

(c) Each of those dwellings does not draw more than 2 acre-feet of water per year.

1. The State Engineer may require an owner who has been granted such a waiver to apply for a permit if one or more of the dwellings is drawing more than 2 acre-feet of water per year.

2. This section does not apply to any groundwater basin for which the State Engineer has in effect on July 1, 1983, a procedure of issuing revocable permits.

(Added to NRS by 1983, 1674 ; A 2007, 847 )

NRS 534.193

NRS

534.193

Additional penalties.

1. Except as otherwise provided in NRS 534.280 , 534.310 and 534.330 and 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 or any permit, order or decision issued or regulation adopted by the State Engineer pursuant to this chapter or NRS 532.120 to:

(a) Pay an administrative fine not to exceed $10,000 per day for each violation as determined by the State Engineer.

(b) In the case of an unlawful waste of water in violation of NRS 534.070 or any other violation of this chapter that, as determined by the State Engineer, results in an unlawful use, waste or diversion of water, replace not more than 200 percent of the water used, wasted or diverted.

1. In determining violations of this chapter relating to the unauthorized use of water yielded from a well that is used pursuant to a permit issued by the State Engineer and that has 16 or fewer connections, the State Engineer has the burden of proving which user is withdrawing water in excess of the portion of water allotted to the connection of that user. The State Engineer may require any or all users of the well to install and maintain, at their own expense, a meter that measures the amount of water withdrawn from the well by each connection.

2. If an administrative fine is imposed against a person pursuant to subsection 1 or the person is ordered to replace any water pursuant to that subsection, 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 replacement of water or payment of costs or fees pursuant to this section may be reviewed by a district court pursuant to NRS 533.450 .

(Added to NRS by 2007, 2020 )

NRS 534.195

NRS

534.195

Injunctive and other relief.

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, or any permit, order or decision issued or regulation adopted by the State Engineer pursuant to this chapter or 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, or any permit, order or decision issued or regulation adopted by the State Engineer pursuant to this chapter or NRS 532.120 , the court may issue, without a bond, any prohibitory 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.

(Added to NRS by 2007, 2021 )

NRS 534.250

NRS

534.250

Project for recharge, storage and recovery of water: Permit required; issuance, contents, modification and assignment of permit; monitoring requirements.

1. Any person desiring to operate a project must first make an application to, and obtain from, the State Engineer a permit to operate such a project.

2. The State Engineer shall, upon application, issue a permit to operate a project if the State Engineer determines that:

(a) The applicant has the technical and financial capability to construct and operate a project.

(b) The applicant has a right to use the proposed source of water for recharge pursuant to an approved appropriation consistent with this chapter and chapter 533 of NRS. Any determination made by the State Engineer for purposes of this paragraph is not binding in any other proceeding.

(c) The project is hydrologically feasible.

(d) If the project is in an area of active management, the project is consistent with the program of augmentation for that area.

(e) The project will not cause harm to users of land or other water within the area of hydrologic effect of the project.

1. The holder of a permit may apply to the State Engineer for approval to assign the permit to another person. The State Engineer must approve the assignment if the person to whom the permit is to be assigned will meet the requirements of paragraphs (a) and (b) of subsection 2 when the assignment is completed.

2. A permit for a project must include:

(a) The name and mailing address of the person to whom the permit is issued.

(b) The name of the area of active management, groundwater basin or groundwater sub-basin, as applicable, in which the project will be located.

(c) The capacity and plan of operation of the project.

(d) Any monitoring program required pursuant to subsection 5.

(e) Any conditions which are imposed pursuant to this chapter or any regulation adopted pursuant thereto.

(f) Any other information which the State Engineer deems necessary to include.

1. The State Engineer shall require the holder of a permit to monitor the operation of the project and the effect of the project on users of land and other water within the area of hydrologic effect of the project. In determining any monitoring requirements, the State Engineer shall cooperate with all government entities which regulate or monitor, or both, the quality of water.

2. The State Engineer, on his or her initiative or at the request of the holder of the permit, may modify the conditions of the permit if monitoring demonstrates that modifications are necessary. In determining whether modifications are necessary, the State Engineer shall consider uses of land or water which were not in existence when the permit was issued.

(Added to NRS by 1987, 1771 )

NRS 534.260

NRS

534.260

Project for recharge, storage and recovery of water: Contents of application for permit.

The State Engineer shall prescribe and furnish guidelines for an application for a permit for a project. The application must include:

1. A fee for application of $2,500;

2. The name and mailing address of the applicant;

3. The name of the area of active management, groundwater basin or groundwater sub-basin, as applicable, in which the applicant proposes to operate the project;

4. The name and mailing address of the owner of the land on which the applicant proposes to operate the project;

5. The legal description of the location of the proposed project;

6. Such evidence of financial and technical capability as the State Engineer requires;

7. The source, quality and annual quantity of water proposed to be recharged, and the quality of the receiving water;

8. The legal basis for acquiring and using the water proposed to be recharged;

9. A description of the proposed project including its capacity and plan of operation;

10. A copy of a study that demonstrates:

(a) The area of hydrologic effect of the project;

(b) That the project is hydrologically feasible;

(c) That the project will not cause harm to users of land and water within the area of hydrologic effect; and

(d) The percentage of recoverable water;

1. The proposed duration of the permit; and

2. Any other information which the State Engineer requires.

(Added to NRS by 1987, 1771 )

NRS 534.270

NRS

534.270

Project for recharge, storage and recovery of water: Review of application for permit; notice of application; protests; hearing; determination; judicial review.

1. Upon receipt of an application for a permit to operate a project, the State Engineer shall endorse on the application the date it was received and keep a record of the application. The State Engineer shall conduct an initial review of the application within 45 days after receipt of the application. If the State Engineer determines in the initial review that the application is incomplete, the State Engineer shall notify the applicant. The application is incomplete until the applicant files all the information requested in the application. The State Engineer shall determine whether the application is correct within 180 days after receipt of a complete application. The State Engineer may request additional information from the applicant. The State Engineer may conduct such independent investigations as are necessary to determine whether the application should be approved or rejected.

2. If the application is determined to be complete and correct, the State Engineer, within 30 days after such a determination or a longer period if requested by the applicant, shall cause notice of the application to be given once each week for 2 consecutive weeks in a newspaper of general circulation in the county or counties in which persons reside who could reasonably be expected to be affected by the project. The notice must state:

(a) The legal description of the location of the proposed project;

(b) A brief description of the proposed project including its capacity;

(c) That any person who may be adversely affected by the project may file a written protest with the State Engineer within 30 days after the last publication of the notice;

(d) The date of the last publication;

(e) That the grounds for protesting the project are limited to whether the project would be in compliance with subsection 2 of NRS 534.250 ;

(f) The name of the applicant; and

(g) That a protest must:

(1) State the name and mailing address of the protester;

(2) Clearly set forth the reason why the permit should not be issued; and

(3) Be signed by the protester or the protester’s agent or attorney or, if the protester is a government, governmental agency or political subdivision of a government, be approved and signed in the manner specified in paragraph (g) of subsection 3.

1. A protest to a proposed project:

(a) May be made by any person who may be adversely affected by the project;

(b) Must be in writing;

(c) Must be filed with the State Engineer within 30 days after the last publication of the notice;

(d) Must be upon a ground listed in subsection 2 of NRS 534.250 ;

(e) Must state the name and mailing address of the protester;

(f) Must clearly set forth the reason why the permit should not be issued; and

(g) Except as otherwise provided in this paragraph, must be signed by the protester or the protester’s agent or attorney. If the protester is a government, governmental agency or political subdivision of a government, the protest must be:

(1) Except as otherwise provided in subparagraph (2), approved and signed by the director, administrator, chief, head or other person in charge of the government, governmental agency or political subdivision; or

(2) If the governmental agency or political subdivision is a division or other part of a department, approved and signed by the director or other person in charge of that department in this State, including, without limitation:

(I) The Regional Forester for the Intermountain Region, if the protest is filed by the United States Forest Service;

(II) The State Director of the Nevada State Office of the Bureau of Land Management, if the protest is filed by the Bureau of Land Management;

(III) The Regional Director of the Pacific Southwest Region, if the protest is filed by the United States Fish and Wildlife Service;

(IV) The Regional Director of the Pacific West Region, if the protest is filed by the National Park Service;

(V) The Director of the State Department of Conservation and Natural Resources, if the protest is filed by any division of that Department; or

(VI) The chair of the board of county commissioners, if the protest is filed by a county.

1. Upon receipt of a protest, the State Engineer shall advise the applicant by certified mail that a protest has been filed.

2. Upon receipt of a protest, or upon the motion of the State Engineer, the State Engineer may hold a hearing. Not less than 30 days before the hearing, the State Engineer shall send by certified mail notice of the hearing to the applicant and any person who filed a protest.

3. The State Engineer shall either approve or deny each application within 1 year after the final date for filing a protest, unless the State Engineer has received a written request from the applicant to postpone making a decision or, in the case of a protested application, from both the protester and the applicant. The State Engineer may delay action on the application pursuant to paragraph (d) of subsection 4 of NRS 533.370 .

4. Any person aggrieved by any decision of the State Engineer made pursuant to subsection 6 may appeal that decision to the district court pursuant to NRS 533.450 .

(Added to NRS by 1987, 1772 ; A 2003, 2983 ; 2011, 761 , 3507 )

NRS 534.280

NRS

534.280

Project for recharge, storage and recovery of water: Annual report to State Engineer.

1. Any person who holds a permit for a project must compile and file with the State Engineer annual reports which define the operation of the project and provide such information as the State Engineer requires.

2. Each report must contain either a sworn statement or a certification, under penalty of perjury, that the information contained in the report is true and correct according to the best belief and knowledge of the person filing the report.

3. The annual report must be maintained on a calendar-year basis for the preceding calendar year. If a person who is required to file an annual report under this section fails to file a report when due, the State Engineer may assess and collect a penalty of $500 for each month or portion of a month that the annual report is delinquent. The total penalty assessed under this subsection must not exceed $5,000.

4. The records and reports required to be kept and filed pursuant to this section must be in such form as the State Engineer prescribes.

(Added to NRS by 1987, 1773 )

NRS 534.290

NRS

534.290

Project for recharge, storage and recovery of water: Permit for recovery well; recovery limited to designated wells; designation of person entitled to recover water; use or exchange of recovered water.

1. A permit for a recovery well must comply with the requirements of this chapter and chapter 533 of NRS.

2. The holder of a permit for a project may recover water stored pursuant to the permit only from wells designated by the holder and approved by the State Engineer, located within the area of hydrologic effect of the project as determined by the State Engineer.

3. The person entitled to recover the water must be designated by the holder of the permit and approved by the State Engineer.

4. The holder of a permit for a project and a permit for a recovery well may use or exchange water recovered pursuant to those permits only in the manner in which it was permissible for him or her to use that water before it was stored.

(Added to NRS by 1987, 1774 )

NRS 534.300

NRS

534.300

Project for recharge, storage and recovery of water: Storage account to be established; limit on amount of water recovered.

1. The State Engineer shall establish a storage account for each project for which the State Engineer has issued a permit. If the project stores water from more than one source, the State Engineer shall establish subaccounts for each source of water.

2. The holder of a permit for a project may recover only the recoverable amount of water that is stored by the project.

3. For the purposes of this section, “recoverable amount” means the amount of water, as determined by the State Engineer, that has reached the aquifer and remains within the area of active management.

(Added to NRS by 1987, 1774 )

NRS 534.310

NRS

534.310

Project for recharge, storage and recovery of water: Annual fee for permit; disposition of money received by State Engineer; employment of consultants by State Engineer.

1. The State Engineer shall levy and collect an annual fee from each person who holds a permit for a project. The State Engineer shall establish the amount of the fee for the following year not later than October 1 of each year.

2. Within 30 days after the State Engineer sets the fee, the State Engineer shall mail written notice of the fee to all holders of permits.

3. The fee must be paid to the State Engineer at the time the person holding a permit files an annual report. If a person who is required to pay a fee fails to pay the fee when due, the State Engineer may assess and collect a penalty of 10 percent of the unpaid fee, without compounding, for each month or portion of a month that the fee is delinquent. The total penalty assessed must not exceed 60 percent of the unpaid fee.

4. Money received by the State Engineer pursuant to this section, subsection 1 of NRS 534.260 and subsection 3 of NRS 534.280

must be deposited with the State Treasurer for credit to the Account for Projects for Recharge, Underground Storage and Recovery of Water in the State General Fund. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Money in the Account must only be used for the administration of this chapter.

1. The State Engineer may employ special consultants to assist the State Engineer in fulfilling his or her responsibilities pursuant to this chapter.

(Added to NRS by 1987, 1774 ; A 1989, 288 )

NRS 534.320

NRS

534.320

Project for recharge, storage and recovery of water: Revocation or suspension of permit; orders to cease and desist; injunction.

1. The State Engineer may periodically review a project to determine if the holder of the permit is complying with the terms and conditions of the permit and the public interest is properly guarded. The State Engineer may permanently revoke or temporarily suspend the permit for good cause after an investigation and a hearing. Notice must be sent to the holder of the permit at least 15 days before the hearing, by registered or certified mail, that the holder has failed to comply with this chapter. In determining whether to revoke or suspend a permit, the State Engineer shall consider uses of land and water which were not in existence when the permit was issued.

2. Except as otherwise provided in subsection 3, if the State Engineer has reason to believe that a person is violating or has violated a provision of this chapter or a permit issued or regulation adopted pursuant to this chapter, the State Engineer may issue a written notice that the person must appear and show cause, at a hearing before the State Engineer not less than 15 days after the receipt of the notice, why the person should not be ordered to cease and desist from the violation. The notice must inform the person of the date, time and place of the hearing and the consequences of failure to appear.

3. If the State Engineer finds that a person is constructing or operating a project in violation of this chapter, the State Engineer may issue a temporary order for the person to cease and desist the construction pending final action by the State Engineer pursuant to subsection 4. The order must include written notice to the person of the date, time and place where the person must appear at a hearing before the State Engineer to show cause why the temporary order should be vacated. The hearing must be held not less than 15 days after the date of the order.

4. After a hearing pursuant to subsection 2 or 3, or after the expiration of the time to appear, the State Engineer shall issue a decision and order. The decision and order may take such form as the State Engineer determines to be reasonable and appropriate and may include a determination of violation, an order to cease and desist, the recommendation of a civil penalty and an order directing that positive steps be taken to abate or ameliorate any harm or damage arising from the violation. The person affected may appeal the decision to the district court pursuant to NRS 533.450 .

5. If the person continues the violation after the State Engineer has issued a final decision and order pursuant to subsection 4 or a temporary order pursuant to subsection 3, the State Engineer may apply for a temporary restraining order or a preliminary or permanent injunction from the district court. A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator.

(Added to NRS by 1987, 1774 )

NRS 534.330

NRS

534.330

Project for recharge, storage and recovery of water: Penalties.

1. A person who is determined pursuant to NRS 534.320 to be in violation of this chapter or a permit issued or regulation adopted pursuant to this chapter may be assessed a civil penalty in an amount not exceeding:

(a) One hundred dollars per day of violation not directly related to illegal recovery or use of stored water; or

(b) Ten thousand dollars per day of violation directly related to illegal recovery or use of stored water.

1. An action to recover penalties pursuant to this section must be brought by the State Engineer in the district court in the county in which the violation occurred.

(Added to NRS by 1987, 1775 )

NRS 534.350

NRS

534.350

Requirements for certain public water system to receive credits for addition of new customers to system.

1. A public water system may receive credits, as provided in this section, for the addition of new customers to the system. The granting of a credit pursuant to this section must be limited to public water systems in areas:

(a) Designated as groundwater basins by the State Engineer pursuant to the provisions of NRS 534.030 ; and

(b) For which the State Engineer has issued an order for granting a credit pursuant to this section.

1. A public water system which provides service in a groundwater basin is entitled to receive a credit for each customer who is added to the system and:

(a) Voluntarily ceases to draw water from a domestic well located within that basin; or

(b) Is the owner of a lot or other parcel of land, other than land used or intended solely for use as a location for a domestic well, which:

(1) Is located within that basin;

(2) Was established as a separate lot or parcel before July 1, 1993;

(3) Was approved by a local governing body or planning commission for service by an individual domestic well before July 1, 1993; and

(4) Is subject to a written agreement which was voluntarily entered into by the owner with the public water system pursuant to which the owner agrees not to drill a domestic well on the land and the public water system agrees that it will provide water service to the land. Any such agreement must be acknowledged and recorded in the same manner as conveyances affecting real property are required to be acknowledged and recorded pursuant to chapter 111 of NRS.

1. If a county requires, by ordinance, the dedication to the county of a right to appropriate water from a domestic well which is located on a lot or other parcel of land that was established as a separate lot or parcel on or after July 1, 1993, the county may, by relinquishment to the State Engineer, allow the right to appropriate water to revert to the source of the water. The State Engineer shall not accept a relinquishment of a right to appropriate water pursuant to this subsection unless the right is in good standing as determined by the State Engineer. A right to appropriate water that is dedicated and relinquished pursuant to this subsection:

(a) Remains appurtenant only to the parcel of land in which it is located as specified on the parcel map; and

(b) Maintains its date of priority established pursuant to NRS 534.080 .

1. If an owner of a parcel of land specified in subsection 3 becomes a new customer of a public water system for that parcel of land, the public water system is entitled to receive a credit in the same manner as the addition of any other customer to the public water system pursuant to this section.

2. The State Engineer may require a new customer, who voluntarily ceases to draw water from a domestic well as provided in paragraph (a) of subsection 2 or whose right to appropriate water is dedicated pursuant to subsection 3, to plug that well.

3. A credit granted pursuant to this section:

(a) Must be sufficient to enable the public water system to add one service connection for a single-family dwelling to the system, except that the credit may not exceed the increase in water consumption attributable to the additional service connection or 2 acre-feet per year, whichever is less.

(b) May not be converted to an appropriative water right.

1. This section does not:

(a) Require a public water system to extend its service area.

(b) Authorize any increase in the total amount of groundwater pumped in a groundwater basin.

(c) Affect any rights of an owner of a domestic well who does not voluntarily comply with the provisions of this section.

1. As used in this section:

(a) “Domestic well” means a well used for culinary and household purposes in:

(1) A single-family dwelling; and

(2) An accessory dwelling unit for a single-family dwelling if provided for in an applicable local ordinance,

Ê including the watering of a garden, lawn and domestic animals and where the draught does not exceed 2 acre-feet per year.

(b) “Public water system” has the meaning ascribed to it in NRS 445A.840 .

(Added to NRS by 1993, 1154 ; A 2007, 847 ; 2011, 505 )

NRS 534.360

NRS

534.360

Water Rights Technical Support Account: Creation; administration; uses.

1. There is hereby created in the State General Fund an account designated as the Water Rights Technical Support Account. The Account must be administered by the Board for Financing Water Projects.

2. The Water Rights Technical Support Account is a continuing account without reversion. Money in the Account must be invested as the money in other state accounts is invested. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Claims against the Account must be paid as other claims against the State are paid.

3. The Board for Financing Water Projects may accept gifts, grants and donations from any source for deposit in the Water Rights Technical Support Account.

4. Except as otherwise provided in subsection 5, money in the Water Rights Technical Support Account must be used by the Board for Financing Water Projects only to make grants to a local government to:

(a) Obtain and provide expert and technical assistance to gather data to protect its existing water rights; or

(b) Fund projects to enhance or protect its existing water rights.

1. Any grant of money from the Water Rights Technical Support Account must not be used by a local government to pay for any assistance or projects as set forth in subsection 4 if the only purpose of the assistance or project is to obtain evidence, including, without limitation, technical evidence and oral testimony or to pay for expert witnesses or attorney’s fees for or in anticipation of any administrative or judicial proceeding, including, without limitation, hearings before the State Engineer or in any state or federal court.

(Added to NRS by 2005, 2565 ; A 2011, 450 )

NRS 535.010

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 this state shall, before beginning construction, obtain 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 shall:

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

(b) Where the dam is or will be 20 feet or more in height, measured from the downstream toe to the crest of the dam, or 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.

1. The State Engineer shall examine such plans and specifications and if the State Engineer approves them the State Engineer shall return one copy 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.

2. The construction and use of any dam is prohibited before approval of the plans and specifications by the State Engineer.

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

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

5. The provisions of this section relating to approval of plans and specifications and inspection of dams do not apply to works constructed by 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.

6. Any person beginning the construction of any dam before approval of the plans and specifications by the State Engineer, or without having given the State Engineer 30 days’ advance notice of any proposed change, reconstruction or alteration thereof, is guilty of a misdemeanor. Each day of violation of this section constitutes a separate offense and is separately punishable.

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

NRS 535.020

NRS

535.020

State Engineer to file copy of application to construct dam with Board of Wildlife Commissioners; installation of fishways; protection and preservation of fish.

1. Whenever an application 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 the State Engineer, the State Engineer shall file a copy of the application with the Board of Wildlife Commissioners.

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.

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

NRS 535.030

NRS

535.030

Inspection of dams by State Engineer; powers of State Engineer to protect life or property.

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

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

1. The owners shall perform at their expense any other work necessary to maintenance and operation which will safeguard life and property.

2. If at any time 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.

1. The provisions of this section shall not apply to works constructed by the United States Bureau of Reclamation or the United States Army Corps of Engineers.

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

NRS 535.035

NRS

535.035

State Engineer, assistants and agents authorized to enter land to investigate and carry out duties.

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 at any reasonable hour of the day to investigate and carry out the duties of the State Engineer pursuant to this chapter.

(Added to NRS by 2011, 507 )

NRS 535.040

NRS

535.040

Statutes and performance of State Engineer’s duties do not constitute warranty.

The provisions of NRS 535.010 to 535.035 , inclusive, and the performance by the State Engineer of the duties of the State Engineer under them do not constitute a warranty in favor of anyone concerning the water to be impounded or diverted.

[Part 77 1/2:140:1913; added 1951, 132 ]—(NRS A 1973, 1170 ; 1981, 1844 ; 2013, 3803 )

NRS 535.050

NRS

535.050

State Engineer may order removal of dam, diversion works or obstruction; limitation; procedure; payment of costs.

1. The State Engineer has the right, power and authority to order the removal of any dam, diversion works or obstruction that has been 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 by the State of Nevada.

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 dam, diversion works or obstruction has not been removed after 30 days’ notice in writing given by the State Engineer and served upon the owner or person controlling the dam, 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 removal 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.

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

NRS 535.060

NRS