Nevada Administrative Code Chapter 445A - Water Controls

Nevada Administrative Code (NAC) Chapter 445A — Water Controls

Overview:

NAC Chapter 445A governs the regulation, management, and control of water resources in the state of Nevada. It provides rules to ensure the proper allocation, use, conservation, and protection of water within the state, which is critical given Nevada’s arid climate and limited water resources.

This chapter is administered primarily by the Nevada Division of Water Resources and related agencies to regulate water rights, usage permits, water distribution, and infrastructure.

Key Provisions of NAC Chapter 445A:

1. Water Rights and Permits

Procedures and criteria for applying for permits to appropriate water from surface or groundwater sources.

Conditions under which permits may be granted, modified, or revoked.

Requirements for submitting water use plans and reports by permit holders.

Prioritization of water rights based on seniority (Doctrine of Prior Appropriation).

2. Water Use and Conservation

Regulations for reasonable and beneficial use of water.

Rules encouraging water conservation practices and efficient usage.

Restrictions on wasteful or harmful water practices.

Guidelines for monitoring water usage.

3. Water Control Structures and Facilities

Rules governing the construction, operation, and maintenance of dams, reservoirs, canals, and other water control structures.

Requirements for obtaining permits for building or modifying water infrastructure.

Safety and inspection protocols for water control works.

4. Water Distribution and Measurement

Procedures for measuring and distributing water according to legal rights.

Installation and maintenance of water measuring devices like meters and gauges.

Reporting and recording of water deliveries.

5. Water Quality and Protection

Measures to protect water quality from contamination or pollution.

Coordination with environmental agencies to enforce water quality standards.

Regulations on discharges into water bodies and protection of ecosystems.

6. Enforcement and Penalties

Powers of water authorities to investigate violations.

Administrative actions, including warnings, fines, suspension or revocation of permits.

Appeals process against enforcement decisions.

7. Miscellaneous Provisions

Public access to water records and information.

Cooperation with federal and local agencies on water matters.

Emergency regulations in cases of drought or water shortages.

Importance:

Given Nevada’s scarcity of water, this chapter plays a critical role in managing the state’s limited water resources.

It ensures equitable distribution, sustainable use, and legal protection of water rights.

Supports agriculture, industry, urban use, and environmental preservation.

Helps avoid conflicts between water users by providing a clear regulatory framework.

Summary:

NAC Chapter 445A establishes the legal framework for water control, rights, and conservation in Nevada. It regulates permits for water appropriation, manages water infrastructure, enforces conservation, and protects water quality to balance human and environmental needs in an arid state.

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