Nev. Admin. Code § 535.360

Current through November 8, 2024

Section 535.360 - Inspections; completion of required repairs

1. The State Engineer will, pursuant to NRS NRS 535.030, inspect or require an owner to inspect:

(a) A dam classified as high hazard not less than once a year.

(b) A dam classified as significant hazard not less than once every 3 years.

(c) Any dam that is the subject of a complaint submitted to the State Engineer which alleges that the reservoir created by the dam is in an unsafe condition or is being used in an unsafe manner. An inspection by an owner required by the State Engineer pursuant to this paragraph must be completed not later than the date specified by the State Engineer.

(d) Any other dam not less than once every 5 years.

2. The State Engineer may at any time inspect, or require an owner to inspect, a dam under construction to determine the condition of any element relevant to the safety of the dam, including, without limitation:

(a) The preparation of the foundation;

(b) The placement and compaction of the material;

(c) The construction of the outlet;

(d) Armoring; and

(e) Filling.

3. The State Engineer will send to the operator:

(a) A copy of each report of a safety inspection;

(b) A list of repairs, if any, that are required; and

(c) A list of repairs or other maintenance, if any, that are recommended.

4. If an operator fails to complete all required repairs in a reasonable time or the State Engineer concludes that a hazardous condition exists that may threaten life or property, the State Engineer may order the operator to lower, drain or cease diverting water into the reservoir until the operator satisfies the State Engineer that the repair has been completed or the condition has been rectified.

5. If the State Engineer determines, pursuant to subsection 3 of NRS 535.030, that immediate remedial action is necessary to safeguard life or property, the State Engineer will:

(a) Take such action;

(b) Post, at the headworks of the dam, a notice that states:

(1) The telephone number and address of the State Engineer's office;

(2) The specific action the State Engineer is taking; and

(3) The authority under which the State Engineer is acting; and

(c) Serve a copy of the notice on the operator at the most recent address provided by the operator or owner.

6. The State Engineer may enter onto private land for the purposes of administering this section.

7. The State Engineer may, pursuant to NRS NRS 535.030, require an owner or his or her designee to:

(a) Submit to the State Engineer a proposed schedule of inspections of the dam and any works appurtenant to the dam;

(b) If the State Engineer approves the inspection schedule, cause the inspections to be conducted;

(c) Maintain records of all inspections and any actions taken to correct any deficiencies identified; and

(d) File with the State Engineer, not later than 30 days after each inspection, a copy of the report of the inspector.

Nev. Admin. Code § 535.360

Added to NAC by St. Engineer by R124-02, eff. 5-30-2003; A by R054-14, eff. 10/24/2014

NRS 532.120, 535.030, 535.035