Nevada § 349.981 - Program to provide grants for water conservation and capital improvements to certain water systems; Board for Financing Water Projects to determine recipients of grants; applicability to certain recipients of provisions governing public works

§ 349.981. Program to provide grants for water conservation and capital improvements to certain water systems; Board for Financing Water Projects to determine recipients of grants; applicability to certain recipients of provisions governing public works

1. There is hereby established a program to provide grants of money to: (a) A purveyor of water to pay for costs of capital improvements to publicly owned

community water systems and publicly owned nontransient water systems required or

made necessary by the State Environmental Commission pursuant to NRS 445A.800 to 445A.955 , inclusive, or made necessary by the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto. (b) An eligible recipient to pay for the cost of improvements to conserve water, including,

without limitation: (1) Piping or lining of an irrigation canal; (2) Recovery or recycling of wastewater or tailwater; (3) Scheduling of irrigation; (4) Measurement or metering of the use of water; (5) Improving the efficiency of irrigation operations; and (6) Improving the efficiency of the operation of a facility for the storage of water,

including, without limitation, efficiency in diverting water to such a facility. (c) An eligible recipient to pay the following costs associated with connecting a

domestic well or well with a temporary permit to a municipal water system, if the

well was in existence on or before October 1, 1999, and the well is located in an

area designated by the State Engineer pursuant to NRS 534.120 as an area where the groundwater basin is being depleted: (1) Any local or regional fee for connection to the municipal water system. (2) The cost of any capital improvement that is required to comply with a decision

or regulation of the State Engineer. (d) An eligible recipient to pay the following costs associated with abandoning an

individual sewage disposal system and connecting the property formerly served by the

abandoned individual sewage disposal system to a community sewage disposal system,

if the Division of Environmental Protection requires the individual sewage disposal

system to be abandoned and the property upon which the individual sewage disposal

system was located to be connected to a community sewage disposal system pursuant

to the provisions of NRS 445A.300 to 445A.730 , inclusive, or any regulations adopted pursuant thereto: (1) Any local or regional fee for connection to the community sewage disposal system. (2) The cost of any capital improvement that is required to comply with a statute

of this State or a decision, directive, order or regulation of the Division of Environmental

Protection. (e) An eligible recipient to pay the following costs associated with abandoning an

individual sewage disposal system and connecting the property formerly served by the

abandoned individual sewage disposal system to a community sewage disposal system,

if the Division of Environmental Protection approves a program or project for the

protection of groundwater quality developed by the State or a local government that

provides for the abandonment of an individual sewage disposal system and the connection

of the property upon which the individual sewage disposal system was located to a

community sewage disposal system pursuant to the provisions of NRS 445A.300 to 445A.730 , inclusive, or any regulations adopted pursuant thereto: (1) Any local or regional fee for connection to the community sewage disposal system. (2) The cost of any capital improvement that is required to comply with a statute

of this State or a decision, directive, order or regulation of the Division of Environmental

Protection. (f) An eligible recipient to pay the following costs associated with plugging and

abandoning a well and connecting the property formerly served by the well to a municipal

water system, if the State Engineer requires the plugging of the well pursuant to

subsection 3 of NRS 534.180 or if the quality of the water of the well fails to comply with the standards of

the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto: (1) Any local or regional fee for connection to the municipal water system. (2) The cost of any capital improvement that is required for the water quality in

the area where the well is located to comply with the standards of the Safe Drinking

Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto. (3) The cost of plugging and abandoning a well and connecting the property formerly

served by the well to a municipal water system. (g) A governing body to pay the costs associated with developing and maintaining a

water resource plan. 2. Except as otherwise provided in NRS 349.983 , the determination of who is to receive a grant is solely within the discretion of

the Board. 3. For any construction work paid for in whole or in part by a grant provided pursuant

to this section to a nonprofit association or nonprofit cooperative corporation that

is an eligible recipient, the provisions of NRS 338.013 to 338.090 , inclusive, apply to: (a) Require the nonprofit association or nonprofit cooperative corporation to include

in the contract for the construction work the contractual provisions and stipulations

that are required to be included in a contract for a public work pursuant to those

statutory provisions. (b) Require the nonprofit association or nonprofit cooperative corporation to comply

with those statutory provisions in the same manner as if it was a public body that

had undertaken the project or had awarded the contract. (c) Require the contractor who is awarded the contract for the construction work,

or a subcontractor on the project, to comply with those statutory provisions in the

same manner as if he or she was a contractor or subcontractor, as applicable, engaged

on a public work. 4. As used in this section: (a) “ Eligible recipient ” means: (1) A political subdivision of this State, including, without limitation, a city,

county, unincorporated town, water authority, conservation district, irrigation district,

water district or water conservancy district. (2) A nonprofit association or nonprofit cooperative corporation that provides water

service only to its members. (b) “ Governing body ” has the meaning ascribed to it in NRS 278.015 . (c) “ Water resource plan ” means a water resource plan created pursuant to NRS 278.0228 .