(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
Assembly Bill No. 190-Committee on Ways and Means
February 19, 1997
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Referred to Committee on Ways and Means
SUMMARY--Makes various changes concerning water resources in this state. (BDR 48-1161)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Contains Appropriation not included in Executive Budget.
EXPLANATION - Matter in italics is new; matter in brackets is material to be omitted.
AN ACT relating to water resources; revising provisions governing the channel clearance, surveying and monumenting program; increasing the amount retained in the account for the program; providing immunity from civil liability to the state and any city, county or other political subdivision for certain actions relating to the program; making an appropriation to the account; making appropriations for repairs and improvements relating to the South Fork Dam; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 532.220 is hereby amended to read as follows:
532.2201. 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 in this state in the clearance, maintenance, restoration, surveying and monumenting of navigable rivers.
3. Any incorporated city, county or other political subdivision of this state may apply to the state engineer for a grant under this program if [:
(a) Federal money is not available for the proposed project;
(b) The] the incorporated city, county or other political subdivision requesting the money agrees to match the state grant equally . [with its money; and
(c) The amount requested does not exceed the balance available.]
4. The state, its departments, divisions and agencies, an incorporated city, a county and all other political subdivisions of 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. 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.
Sec. 2 NRS 532.230 is hereby amended to read as follows:
532.230 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 in the manner provided in NRS 532.220.
3. If the balance in the account is below [$25,000,] $250,000, the state engineer may request an allocation from the contingency fund pursuant to NRS 353.266, 353.268 and 353.269.
Sec. 3 There is hereby appropriated from the state general fund to the account for the channel clearance, maintenance, restoration, surveying and monumenting program created by NRS 532.230 the sum of $250,000.
Sec. 4. There is hereby appropriated from the state general fund to the division of water resources of the state department of conservation and natural resources the sum of $79,800 for repairs and improvements on the South Fork Dam.
Sec. 5. Any remaining balance of the appropriation made by section 4 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 6. There is hereby appropriated from the state general fund to the division of water resources of the state department of conservation and natural resources the sum of $30,000 for the repair of the South Fork Dam south sluice gate.
Sec. 7. Any remaining balance of the appropriation made by section 6 of this act must not be committed for expenditure after the project has been completed, and reverts to the state general fund as soon as all payments of money committed have been made or by June 30, 1998, whichever occurs earlier.
Sec. 8. This act becomes effective upon passage and approval or on June 30, 1997, whichever comes earlier.