NAC535.340. Restrictions on impoundment of water.

     1. Notwithstanding any provision in NAC 535.300, 535.310 or 535.320 to the contrary, an owner or operator shall not impound an amount of water that is greater than the amount for which he or she possesses water rights that are legally established and recognized:

     (a) Through a valid claim of vested right;

     (b) By decree of a court of competent jurisdiction; or

     (c) Pursuant to a permit issued by the State Engineer.

     2. If a water right for water impounded by a dam is moved, cancelled, denied, withdrawn or declared forfeited, the owner shall:

     (a) Reduce the amount of water impounded to the amount of water rights remaining; or

     (b) If the owner retains no water rights, decommission the dam.

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