NAC349.530. Review of completed application; determinations by Board.

     1. Except as otherwise provided in subsection 2, the Board will review the completed application and determine whether, based on the records and documents submitted to the Board concerning the proposed improvement or costs:

     (a) The proposed improvement is economically justified and financially feasible.

     (b) The proposed improvement complies with the provisions of NRS 349.980 to 349.987, inclusive.

     (c) The plan for development of the proposed improvement is satisfactory.

     (d) The applicant is able to obtain the financing required to complete the proposed improvement.

     (e) The applicant has taken sufficient and reasonable efforts to determine whether the proposed improvement conflicts with any regional master plan of any local, state or federal governing authority, and those efforts have not revealed such a conflict.

     (f) The proposed improvement will not use or waste excessive quantities of water.

     2. If the Board determines pursuant to paragraph (a) of subsection 1 that the proposed improvement is not economically justified and financially feasible, the Board will, based on the records and documents submitted to the Board concerning the proposed improvement, determine whether the construction of the proposed improvement is in the interest of the State and brings the purveyor of water into compliance with the requirements for public water systems or brings the eligible recipient into compliance with any applicable federal, state or local laws with which the eligible recipient is not in compliance. In making its determination, the Board will consider, if applicable:

     (a) Whether there are any communities located near the community water system or nontransient water system that offer similar living conditions with potable water;

     (b) Whether the applicant has taken sufficient and reasonable efforts to discover an alternate source of potable water for the community water system or nontransient water system; and

     (c) Whether any other useable source of potable water for the community water system or nontransient water system has been discovered.

     3. The Board will approve or disapprove the proposed improvement or costs taking into consideration the determinations made pursuant to subsections 1 and 2. If the Board approves the proposed improvement or costs, it will take into consideration the amount of money in the Fund and determine whether to provide a grant for the proposed improvement or costs. The Board may give precedence to improvements which provide maximum benefits to the State.

     (Added to NAC by Bd. for Financing Water Projects, eff. 12-24-91; A by R113-96, 1-23-98; R104-04, 9-18-2006)