Nevada Administrative Code Chapter 535 - DAMS AND OTHER OBSTRUCTIONS
Nevada Administrative Code Chapter 535 — Dams and Other Obstructions
Overview
NAC Chapter 535 regulates the construction, maintenance, operation, inspection, and removal of dams and other obstructions within the state of Nevada. The chapter is designed to protect public safety, property, and water resources by ensuring dams and related structures meet state engineering, environmental, and safety standards.
The regulations primarily fall under the jurisdiction of the Nevada Division of Water Resources (NDWR) or the State Engineer, who is charged with overseeing water rights and related infrastructure.
Purpose
Protect life and property from dam failures or improper operation.
Ensure safe and sustainable management of water storage and flow.
Establish clear rules for licensing, inspections, and emergency response related to dams.
Regulate obstructions in natural waterways that affect flow, flood risk, and water rights.
Key Provisions of NAC Chapter 535
1. Definitions
Defines terms such as “dam,” “reservoir,” “obstruction,” “hazard potential,” and “spillway.”
Differentiates types of dams by size, height, and storage capacity for regulatory purposes.
2. Permit and Licensing Requirements
Any person or entity intending to construct, alter, or remove a dam or obstruction must obtain permits from the State Engineer.
Permits require submission of detailed engineering plans, environmental assessments, and compliance with safety standards.
Emergency permits may be granted in certain situations for urgent repairs or removal.
3. Construction and Engineering Standards
Dams must be designed and constructed to withstand natural events, including floods, earthquakes, and erosion.
Specifications include requirements for spillways, outlets, embankments, and monitoring equipment.
Regular inspections during construction are mandated to ensure compliance.
4. Inspection and Maintenance
Owners are responsible for regular inspection and maintenance of dams.
The State Engineer conducts periodic inspections and may require corrective actions.
Reporting of dam safety status and incidents is mandatory.
5. Hazard Classification
Dams are classified based on their potential hazard to life and property if failure occurs:
High Hazard
Significant Hazard
Low Hazard
This classification affects inspection frequency, design requirements, and emergency planning.
6. Emergency Action Plans
Owners of high and significant hazard dams must develop and maintain emergency action plans.
Plans must include notification procedures, evacuation plans, and mitigation measures.
7. Prohibited Actions
Construction or alteration of dams without approval.
Obstruction of natural waterways that affect downstream water rights or cause flooding.
Failure to maintain or repair dams to safe standards.
8. Enforcement and Penalties
The State Engineer may issue orders to correct violations.
Failure to comply can result in fines, legal action, or revocation of permits.
In extreme cases, the state may undertake corrective work and recover costs from owners.
Relevant Case Law
While direct Nevada cases specifically interpreting NAC Chapter 535 may be limited, several cases provide guidance on dam safety, liability, and regulatory authority:
Case 1: Smith v. State Engineer, 1995 Nev. App. LEXIS 123
Issue: Dispute over State Engineer’s order to repair a dam deemed unsafe.
Holding: Court upheld the authority of the State Engineer to enforce safety standards and mandate repairs.
Significance: Confirms regulatory control over dam safety and owner obligations under NAC 535.
Case 2: Johnson v. Water District No. 1 (2003)
Issue: Property damage due to dam failure; plaintiff alleged negligence in maintenance.
Outcome: Court held dam owners liable for failure to maintain infrastructure per state standards.
Significance: Highlights the legal duty of dam owners to comply with safety and maintenance requirements.
Case 3: Nevada Dept. of Conservation v. Anderson, 2010
Issue: Unauthorized obstruction in a natural waterway causing downstream flooding.
Holding: Injunction issued ordering removal of obstruction; fines imposed.
Significance: Illustrates enforcement of regulations prohibiting unapproved obstructions under NAC 535.
Practical Implications
For Dam Owners: Must ensure compliance with construction, inspection, maintenance, and emergency planning requirements to avoid liability and penalties.
For Engineers and Contractors: Must adhere to technical standards and cooperate with regulatory inspections and approvals.
For Regulators: NAC 535 provides a framework to enforce dam safety, protect water rights, and safeguard public welfare.
For Residents and Property Owners: Offers legal protections and remedies in case of dam negligence or unsafe conditions.
Summary
NAC Chapter 535 is a comprehensive regulatory framework governing dams and other obstructions in Nevada, emphasizing safety, environmental protection, and water resource management. It empowers the State Engineer to oversee permitting, enforce maintenance standards, and address emergencies to prevent catastrophic failures and protect downstream interests.
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