NAC532.200. Violations: Issuance of warning letter; commencement of enforcement action; injunctive relief.

If a person under the jurisdiction of the Division, including an owner of a well constructed for the development and use of water for domestic purposes, commits a violation, the State Engineer may:

     1. Issue a warning letter setting forth the alleged violation and requesting the person to correct the violation;

     2. Commence an enforcement action which will include:

     (a) A finding of alleged violation which:

          (1) Specifies the requirement allegedly violated; and

          (2) Supports the allegation with facts determined by the Division; and

     (b) A violation order which specifies a reasonable deadline by which the respondent must:

          (1) Comply with the requirements set forth in the finding of alleged violation;

          (2) Submit to the Division a written mitigation plan approved by the Division setting forth the circumstances under which the respondent intends to comply with those requirements;

          (3) Meet with Division staff to show cause why the Division should not seek injunctive relief; and

          (4) Submit any other information relating to the violation specified by the Division; or    3. Seek injunctive relief pursuant to NRS 533.482, 534.195, 535.210 or 536.210, as appropriate.

     (Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)