Assembly Bill No. 594

Assembly Bill No. 594-Assemblymen Hettrick and Dini

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AN ACT relating to state lands; providing an expedited procedure for authorization by the state land registrar of certain work performed below the high water mark of navigable rivers; determining the types of such work that require a permit from the state land registrar; requiring notice to the state land registrar for other types of work; requiring the state environmental commission to adopt regulations to simplify and expedite the procedure for approval of certain permits; and providing other matters properly relating thereto.

[Approved July 8, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 322 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If an emergency causes an immediate threat to life, health or property, a person may perform work below the high water mark of a navigable river to the extent necessary to protect life, health or property without first submitting an application to or securing a permit from the state land registrar. If reasonably practicable, before proceeding with any such work the person shall notify the state land registrar of the emergency by telephone or other means. Upon completion of the work, the person initiating the work shall file an application with the state land registrar as required for the work completed.
2. Neither an application to nor a permit from the state land registrar is required for work performed below the high water mark of a navigable river which constitutes routine maintenance or minor repairs, or both, of an:
(a) Irrigation diversion structure; or
(b) Outfall structure that is regulated by an individual permit issued pursuant to NRS 445A.300 to 445A.730, inclusive,
if the irrigation diversion structure or outfall structure is not altered beyond the existing permitted size, configuration and location and the river bed is not disturbed.
3. Except as otherwise provided in subsections 1 and 4, a person must file an application with the state land registrar and pay any required application fee but is not required to secure a permit from the state land registrar to perform work below the high water mark of a navigable river for the following types of projects:
(a) Clearance of vegetation that restricts the capacity of the channel or the flow of water of a navigable river, or both;
(b) Clearance of debris or temporary obstructions that restrict the capacity of the channel or the flow of water of a navigable river, or both; or
(c) Bank stabilization or restoration, where all materials used are appropriate natural materials as determined by the state land registrar.
4. Unless otherwise notified by the state land registrar, the person may proceed pursuant to subsection 3 with any such work 14 days after a completed application and any required fees are submitted to the state land registrar.
5. Work authorized by subsections 2 and 3:
(a) Must be performed in accordance with best management practices to protect water quality; and
(b) Must not significantly disturb or alter the river bed or banks or the flow of water or alter the capacity of the channel.
6. Except as otherwise provided by subsections 1, 2 and 3, a person must secure a permit from the state land registrar before proceeding with any work below the high water mark of a navigable river, including, but not limited to:
(a) Dredging or filling;
(b) Bank stabilization or restoration, where all materials used are not appropriate natural materials as determined by the state land registrar;
(c) Channel clearance; or
(d) Construction of irrigation diversions.
7. The state land registrar shall process the application for a permit required by subsection 6 and issue the permit or notify the applicant that the application has been denied, within 60 days after the receipt of a completed application and any required application fee. This period may be extended by mutual agreement between the state land registrar and the applicant.
8. Unless the period for acting upon the application is extended by mutual agreement pursuant to subsection 7, a completed application, which was properly submitted pursuant to subsection 7 with any required fees, that is not acted upon by the state land registrar within 60 days after receipt shall be deemed approved and the work requested may proceed upon payment by the applicant of any required fee for the permit.
9. All state agencies which have jurisdiction within a navigable river shall cooperate with the state land registrar in compiling information needed to process a permit pursuant to subsection 7 and shall provide a timely response to a request from the state land registrar for information or assistance.
10. Compliance with the provisions of this section does not relieve an applicant from the duty to comply with the provisions of NRS 445.080 to 455.180, inclusive, and any other applicable requirements of other state, local, regional or federal entities.
11. As used in this section, "high water mark" means the mean high water line to which high water ordinarily reaches, not including flood waters.
Sec. 2. NRS 322.160 is hereby amended to read as follows:
322.160The proceeds of any fee charged pursuant to NRS 322.100 to 322.130, inclusive, and section 1 of this act, must be accounted for by the state land registrar and:
1. If the fee is for any authorization to use land granted to the state by the Federal Government for educational purposes, the proceeds must be paid into the state treasury for credit to the state permanent school fund.
2. If the fee is for any authorization to use any other state land, the proceeds must be paid into the state treasury for credit to the state general fund.
Sec. 3. NRS 322.170 is hereby amended to read as follows:
322.170The state land registrar shall adopt such regulations as are necessary to carry out the provisions of NRS 322.100 to 322.160, inclusive [.] , and section 1 of this act.
Sec. 4. NRS 445A.465 is hereby amended to read as follows:
445A.4651. Except as authorized by a permit issued by the department pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, and regulations adopted by the commission, it is unlawful for any person to:
[1.] (a) Discharge from any point source any pollutant into any waters of the state or any treatment works.
[2.] (b) Inject fluids through a well into any waters of the state.
[3.] (c) Discharge from a point source a pollutant or inject fluids through a well that could be carried into the waters of the state by any means.
[4.] (d) Allow a pollutant discharged from a point source or fluids injected through a well to remain in a place where the pollutant or fluids could be carried into the waters of the state by any means.
2. The commission shall adopt regulations which provide a simplified procedure for approval by the department of permits that are required by subsection 1 for work related to clearing and maintaining the channel of a navigable river, including, without limitation, dredging or filling, bank stabilization or restoration, channel clearance, construction of irrigation diversions or the clearance of vegetation, debris or temporary obstructions. The regulations must include a limitation on the time allowed for the processing of an application for such a permit to not more than 60 days after receipt by the department of a completed application and any required fees, unless the administrator determines that it is in the public interest to hold a public hearing regarding the application and promptly notifies the applicant of that determination.
Sec. 5. The state environmental commission shall adopt the regulations required by subsection 2 of NRS 445A.465, as amended by this act, on or before October 1, 1997.
Sec. 6. This act becomes effective upon passage and approval.
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