Nev. Admin. Code § 538.810

Current through December 12, 2024

Section 538.810 - Application to change place of diversion, manner of use or place of use: Contents

An application to change the place of diversion, manner of use or place of use of water covered by an original appropriation of the water of the Colorado River must include:

1. The name and address of the applicant.

2. An identification of the contract which the applicant entered into with the Commission and the Secretary of the Interior for the original appropriation of the water of the Colorado River.

3. A description of the change in the place of diversion, manner of use or place of use of the water covered by the original appropriation by identifying the present place of diversion or the manner or place of use and:

(a) If the change is in the place of diversion, an accurate description of the location of the place where the water is proposed to be diverted and metered.

(b) If the change is in the manner of use, a description of the proposed manner of use and a statement whether the proposed use:

(1) Is a beneficial use under the laws of this State.

(2) Conflicts with existing rights or with state or federal statutes or contracts.

(3) Threatens to prove detrimental to the public interest.

(4) Affects the applicant's ability to make the water delivered pursuant to the contract available for return to the Colorado River.

(c) If the change is in the place of use, a statement which specifies the proposed place of use and describes each facility which will transport the water to the applicant's proposed place of use. If the facility is not constructed and in operation at the time the application is submitted to the Commission, the application must include a description of the applicant's ability to finance the construction, operation and maintenance of the facility and a statement which sets forth the date when it will be completed and in operation.

(d) If the change is in the manner of use or place of use, the application must include the estimated date when the water will be applied to the proposed use and a schedule of the projected use of that water, if applicable.

(e) A description of the applicant's ability to comply with any applicable requirements of the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321 et seq., as amended, and any other applicable environmental laws and regulations.

Nev. Admin. Code § 538.810

Added to NAC by Colorado River Comm'n, eff. 8-12-91

NRS 538.171, 538.181, 538.201