Assembly Bill No. 488–Committee on Natural Resources,
Agriculture, and Mining

 

March 24, 2003

____________

 

Referred to Committee on Natural Resources,
Agriculture, and Mining

 

SUMMARY—Makes various changes concerning ditches. (BDR 48‑1293)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to ditches; requiring the State Engineer to investigate certain complaints concerning possible criminal acts involving ditches; prohibiting a person from throwing or depositing certain items in irrigation ditches; requiring a copy of a subdivider’s tentative map to be forwarded to the owner of an irrigation ditch under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 536 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  In a county whose population is less than 100,000, the

1-4  State Engineer shall, upon request of the owner of a ditch or a

1-5  local governmental entity in whose jurisdiction a ditch is located,

1-6  investigate a complaint involving a possible violation of the

1-7  provisions of subsection 3 of NRS 202.185 or the provisions of

1-8  NRS 536.120 which involves the ditch if the ditch is located within

1-9  the boundaries of a stream system or water district that is subject

1-10  to regulation and control by the State Engineer or within the

1-11  boundaries of an adjudicated stream system for which the State

2-1  Engineer has appointed an engineer to work in a supervisory

2-2  capacity pursuant to NRS 533.275.

2-3  2.  For any complaint investigated pursuant to subsection 1,

2-4  the State Engineer shall:

2-5  (a) Attempt to facilitate a resolution of the complaint; and

2-6  (b) If he is unable to resolve the complaint, refer the complaint

2-7  to the appropriate district attorney for further investigation and

2-8  possible prosecution.

2-9  Sec. 2.  NRS 202.185 is hereby amended to read as follows:

2-10      202.185  1.  As used in this section:

2-11      (a) “Dead animals” means all dead animals or parts thereof,

2-12  including condemned meats, not intended to be used as food.

2-13      (b) “Dirt” includes loose earth, ashes, manure from barns,

2-14  stables, corrals and pens, offal from butcher houses and

2-15  slaughterhouses, and all foul and filthy substances.

2-16      (c) “Garbage” includes solid or semisolid kitchen refuse subject

2-17  to decay or putrefaction, and market waste of animal and vegetable

2-18  matter which has been or was intended to be used as food for man or

2-19  animal.

2-20      (d) “Rubbish” means old tin and iron cans and containers, old

2-21  wood and paper boxes, old metals, wire, rope, cordage, bottles, bags

2-22  and bagging, rubber and rubber tires, paper, and all used or castoff

2-23  articles or material, including old plaster, brick, cement, glass, and

2-24  all old building material.

2-25      2.  It [shall be] is unlawful for any person to throw or deposit or

2-26  cause to be thrown or deposited on any public highway within the

2-27  State of Nevada, or within a distance of 1,000 feet from the center of

2-28  any public highway, any dead animal, dirt, garbage or rubbish as

2-29  defined in subsection 1.

2-30      3.  It is unlawful for any person to throw or deposit or cause

2-31  to be thrown or deposited in any irrigation ditch within the State of

2-32  Nevada any dead animal, dirt, garbage or rubbish as defined in

2-33  subsection 1.

2-34      4.  Any person violating the provisions of this section [shall be]

2-35  is guilty of a misdemeanor.

2-36      Sec. 3.  NRS 278.348 is hereby amended to read as follows:

2-37      278.348  1.  In any county whose population is less than

2-38  100,000, when any subdivider proposes to subdivide land, any part

2-39  of which is located within the boundaries of any irrigation district

2-40  organized pursuant to chapter 539 of NRS, the planning commission

2-41  or its designated representative, or, if there is no planning

2-42  commission, the clerk or other designated representative of the

2-43  governing body shall file a copy of the subdivider’s tentative map

2-44  with the board of directors of the district. The board of directors

2-45  shall within 30 days review and comment in writing upon the map

3-1  to the planning commission or governing body. The planning

3-2  commission or governing body shall take those comments into

3-3  consideration before approving the tentative map.

3-4  2.  In any county whose population is less than 100,000, when

3-5  any subdivider proposes to subdivide land on which an irrigation

3-6  ditch is located, the planning commission or its designated

3-7  representative, or, if there is no planning commission, the clerk or

3-8  other designated representative of the governing body shall

3-9  forward a copy of the subdivider’s tentative map, by certified or

3-10  registered mail, to the last known address of the owner of the

3-11  irrigation ditch.

3-12      Sec. 4. This act becomes effective on July 1, 2003.

 

3-13  H