NAC445A.67593. Partitioning of water project into discrete components: Request; requirements; determination by Division; restriction on loan contract.

     1. An applicant may request that the Division allow the applicant to partition a water project into two or more discrete components if:

     (a) The Division has determined that it will require the applicant to prepare and submit an environmental impact statement for the entire proposed water project pursuant to NAC 445A.67594 to 445A.67612, inclusive;

     (b) The applicant has identified for the Division the reasonable alternatives to the entire proposed water project; and

     (c) The remainder of the proposed water project satisfies the requirements of NAC 445A.67587 to 445A.67612, inclusive.

     2. Each discrete component of a proposed water project that is partitioned pursuant to subsection 1 is subject to the process of environmental review.

     3. A request for partitioning submitted pursuant to subsection 1 must contain:

     (a) A description of the discrete component of the proposed water project for which the applicant is requesting financial assistance;

     (b) A description of how the discrete component satisfies the requirements set forth in subsection 4; and

     (c) Any environmental information that the Division requires to make a final determination on the process of environmental review.

     4. For a proposed water project to qualify for partitioning, the discrete component of the project for which the applicant is requesting financial assistance must:

     (a) Immediately remedy an acute or severe public health or water quality problem or result in a savings in the total cost of the water project;

     (b) Not foreclose any reasonable alternatives identified for the entire proposed water project;

     (c) Not cause significant, adverse, direct or indirect environmental impacts, including, without limitation, impacts that cannot be acceptably mitigated without finishing the entire proposed water project; and

     (d) Not cause a high degree of controversy among persons who will be affected by the discrete component of the proposed water project.

     5. Upon receiving a request to partition a proposed water project, the Division shall determine whether partitioning is appropriate pursuant to this section.

     6. If the Division partitions an applicant’s water project, the Division may execute a loan contract with the applicant to fund only any portion of the project that the Division has approved pursuant to NAC 445A.67617 to 445A.67623, inclusive.

     7. If the Division determines that partitioning:

     (a) Is appropriate, the Division shall prepare and issue a finding of no significant impact for the discrete component pursuant to the procedures set forth in NAC 445A.67589 to 445A.67592, inclusive.

     (b) Is not appropriate, the Division shall provide the applicant with notice of its determination.

     (Added to NAC by Bd. of Health by R067-98, eff. 7-23-98; A by Environmental Comm’n by R128-04, 2-14-2005)