Nevada § 532.220 - Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program: Establishment; administration; purpose; grant qualification; immunity of state, local and tribal governments; refund of certain fees; certain permits not to be denied for lack of money

§ 532.220. Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program: Establishment; administration; purpose; grant qualification; immunity of state, local and tribal governments; refund of certain fees; certain permits not to be denied for lack of money

1. The Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program

is hereby established and must be administered by the State Engineer. 2. This Program is to aid local governments and tribal governments in this State in

the clearance, maintenance, restoration, surveying and monumenting of navigable rivers. 3. Any incorporated city, county, other political subdivision of this State or tribal

government in this State may apply to the State Engineer for a grant under this Program

if the incorporated city, county, other political subdivision or tribal government

requesting the money agrees to match the state grant equally. 4. The State, its departments, divisions and agencies, an incorporated city, a county,

all other political subdivisions of this State and tribal governments in this State,

and their employees and agents, are immune from civil liability for damages caused

by an alteration or disturbance of a riverbed or flooding sustained as a result of

any act or omission by an employee or agent in clearing or causing to be cleared,

maintaining or restoring a channel of a river pursuant to this section if the channel

is cleared, maintained or restored pursuant to a permit granted by the Division of

State Lands of the State Department of Conservation and Natural Resources and such

other permits and approvals as are required by law. 5. The Division of State Lands and the Division of Environmental Protection of the

State Department of Conservation and Natural Resources shall refund the application

or permit fees, if any, paid by a governmental entity to apply for a state permit

to perform channel clearance, maintenance, restoration, surveying and monumenting

if: (a) The governmental entity applies for the applicable permits from the Division of

State Lands and from the Division of Environmental Protection of the State Department

of Conservation and Natural Resources; (b) The governmental entity obtains all other permits and approvals as are required

by law; (c) The governmental entity applies for a grant pursuant to subsection 3; and (d) The grant is denied for lack of money in the Account for the Channel Clearance,

Maintenance, Restoration, Surveying and Monumenting Program after: (1) The State Engineer requests an allocation from the Contingency Account pursuant

to subsection 4 of NRS 532.230 ; and (2) An allocation from the Contingency Account is not made within 90 days after the

request is made. 6. A state permit must not be denied for lack of money in the Account for the Channel

Clearance, Maintenance, Restoration, Surveying and Monumenting Program. 7. As used in this section, “ navigable river ” means a river or stream that is used, or is susceptible of being used, in its ordinary

condition for trade or travel in the customary modes of trade or travel on rivers

or streams.