NAC538.805. Application for original appropriation: Contents.

An application for an original appropriation of water of the Colorado River must include:

     1. The name and address of the applicant.

     2. A request for a contract with the Commission and the Secretary of the Interior for the delivery of the water and a statement declaring that the applicant is ready, willing and legally able to enter into the contract.

     3. An identification of the amount of water requested and a statement declaring that there is unappropriated water legally available to the State of Nevada from the Colorado River in the amount requested by the applicant.

     4. An explanation of the applicant’s need for the water, including data which quantifies its present and future demand for that water to the extent that the demand can be reasonably determined.

     5. A description of the points and means of diversion and the metering of the water including:

     (a) A substantially accurate description of the location where the water is proposed to be diverted and metered; and

     (b) A description of each facility which will transport the water requested from the proposed point of diversion to the proposed place of use and the name of the owner and operator of that facility. If the facility is not constructed and in operation at the time the application is submitted to the Commission, the application must include a description of the applicant’s ability to finance construction, operation and maintenance of that facility, and include a statement of the estimated date when it will be completed and in operation.

     6. A statement specifying the proposed place of use and whether it is located within the service area of a public supplier of municipal and industrial water. If the applicant is a public supplier of municipal and industrial water or a group of such suppliers, the application must include a description of the area served by the supplier or the group, where the water is proposed to be used. If the applicant is not a public supplier of municipal and industrial water or a group of such suppliers, the application must include an accurate description of the property where the water is proposed to be used and the name of the owner and, if applicable, the lessee of the property.

     7. A description of the use to which the water is proposed to be put and a statement whether the proposed use:

     (a) Is a beneficial use under the laws of this State.

     (b) Conflicts with existing rights or with any state or federal statute or contract.

     (c) Threatens to prove detrimental to the public interest.

     8. The estimated date the water will be applied to the proposed use and a schedule of the projected use of that water, if applicable.

     9. A statement whether the applicant, or if the applicant includes more than one entity, each entity which is a public supplier of municipal and industrial water, will have, at the time the contract for the delivery of water is executed, established and be able to carry out a program for the conservation of the water available to the applicant or each such entity. The program must comply with all applicable ordinances and state and federal laws, and must be approved by the governmental body which has jurisdiction over the program.

     10. A description of the extent to which the applicant will be able to make the water delivered pursuant to the contract available for return to the Colorado River. If any of the water will be available for return to the Colorado River, the application must provide an accurate description of the location where the water will be returned and metered and identify the method for the return of that water. The application must also include any available information concerning the subsurface flows of the water which is returned to the Colorado River.

     11. An identification of any other sources of water available to the applicant for the uses proposed and at the proposed place of use.

     12. A description of the applicant’s ability to comply with the applicable requirements of the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321 et seq., as amended, and any other applicable environmental laws and regulations.

     (Added to NAC by Colorado River Comm’n, eff. 8-12-91)