NAC535.300. Request for approval to impound.

     1. Except as otherwise provided in subsection 8, an owner of a dam approved by the State Engineer pursuant to this chapter shall not put the dam into operation, or otherwise impound any water, until the owner obtains an approval to impound, including a temporary approval to impound, from the State Engineer.

     2. To obtain an approval to impound, an owner or operator must submit to the State Engineer:

     (a) The name, mailing address and telephone number of the operator of the dam;

     (b) Proof of completion of work, including, without limitation:

          (1) A completed cover sheet on a form supplied by the State Engineer;

          (2) The certification of a professional engineer that the construction was in substantial compliance with the plans and specifications as approved;

          (3) Documentation, satisfactory to the State Engineer, of quality assurance and quality control in the construction of the dam;

          (4) A set of plans for the dam as-built; and

          (5) Any other documents required by the terms of the approval; and

     (c) The fee for filing proof of completion of work required by NRS 533.435.

     3. An owner or operator may request an approval to impound a volume of water that is less than that granted to the applicant as specified in the approval of the application for approval of plans for a dam by submitting proof of completion of work for the work actually performed.

     4. The State Engineer will request, in writing, any missing or additional information or correction of deficiencies not later than 30 days after receiving a request for approval to impound.

     5. The State Engineer will grant, in writing, an approval to impound upon:

     (a) Successful completion of terms pertaining to construction;

     (b) Submittal of a complete proof of completion of work form; and

     (c) Receipt of all requested additional information, if any.

     6. The approval to impound will set forth, without limitation:

     (a) The approved capacity of the reservoir to the maximum conservation elevation;

     (b) The approved height of the dam;

     (c) The minimum amount of freeboard that is required to be maintained; and

     (d) Any other conditions or restrictions on operation imposed by the State Engineer.

     7. If the State Engineer orders a dam or embankment to be breached or maintained in a drained condition pursuant to NRS 535.030:

     (a) The current approval to impound water shall be deemed revoked; and

     (b) No water may be impounded behind the structure until:

          (1) All conditions of the order have been satisfied; and

          (2) The owner has obtained a new approval to impound pursuant to this chapter.

     8. A dam in existence before March 15, 1951, shall be deemed to have approval to impound that volume of water for which water rights had been established pursuant to chapters 533 and 534 of NRS by that date.

     9. As used in this section:

     (a) “As-built” means record drawings prepared from surveys made during construction and upon completion of the structure.

     (b) If the dam is a storm water detention dam that is designed to be and is operated in a normally drained state, “maximum conservation elevation” means the upstream invert elevation of the low-level outlet.

     (Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)