NAC535.370. Operation and maintenance.

     1. An operator shall:

     (a) Operate and maintain his or her dam and works appurtenant to the dam in a safe manner and in accordance with all applicable permits, laws and regulations.

     (b) Take all necessary action allowed by law to prevent the failure of the dam.

     (c) Notify the State Engineer and local responsible authorities of any:

          (1) Problem or unusual event at the dam; or

          (2) Change in the name or address of an operator or owner of the dam, reservoir, shoreline or water right associated with the dam.

     (d) Modify his or her dam to meet changing downstream hazard conditions or upstream watershed modifications.

     2. If a dam has multiple owners, each owner must be party to an agreement that allocates responsibility for the maintenance of the dam and regulation of water impounded by the dam among all the owners. A copy of the current agreement must be maintained in the office of the State Engineer.

     3. The State Engineer will direct communications relating to a dam to the operator. Notice to the operator shall be deemed notice to every owner.

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