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; providing immunity from civil liability to the state and any city, county or other political subdivision for clearing a channel of a river; expanding the allowable practices of the channel clearance, surveying and monumenting program to include the stabilization and restoration of rivers and to apply to all rivers in this state; increasing the balance in the account for the channel clearance, stabilization, restoration, surveying and monumenting program; making an appropriation; 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, stabilization, 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, stabilization, 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 , local or private money is not available for the proposed project;
(b) 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. [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.] 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 a channel of a river pursuant to this section if the channel is cleared 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.
Sec. 2 NRS 532.230 is hereby amended to read as follows:
532.2301. The account for the channel clearance, stabilization, 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, stabilization, restoration, surveying and monumenting program the sum of $250,000.
Sec. 4 This act becomes effective on July 1, 1997.