Nevada 2025 Regular Session Status: Enacted

AB 26 — Revises provisions relating to dams. (BDR 48-261)

Last action — Approved by the Governor. Chapter 64.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 12, 2024. Enacted.

Signed by Governor Joe Lombardo (Republican) on May 28, 2025.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

304 added · 324 removed

304 line(s) added, 324 removed.

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(Reprinted with amendments adopted on April 10, 2025) FIRST REPRINT A.B.
Assembly Bill No.
26 A SSEMBLY BILLN O.
26–Committee on Natural Resources CHAPTER..........
26–COMMITTEE ON N ATURAL RESOURCES (ON BEHALF OF THE D IVISION OFW ATER R ESOURCES OF THE STATE D EPARTMENT OF CONSERVATION AND N ATURAL RESOURCES ) PREFILED N OVEMBER 12, 2024 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions relating to dams.
(BDR 48-261) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Legislative Counsel’s Digest:
LegiUnder existing law, the State Engineer is authorized to regulate the construction, reconstruction, alteration and operation of dams and other obstructions of waterways in the State of Nevada.
Under existing law, the State Engineer is authorized to regulate the construction, reconstruction, alteration and operation of dams and other obstructions of waterways in the State of Nevada.
(NRS 532.110, 532.120, chapter of NRS) Section 1 of this bill exempts the State Engineer and any assistant of the State Engineer from liability for damages caused by certain failures of a dam or reservoir that may occur as a result of an inspection, emergency response or enforcement of an order or regulation by the State Engineer or his or her assistant.
(NRS 532.110, 532.120, chapter 535 of NRS) Section 1 of this bill exempts the State Engineer and any assistant of the State Engineer from liability for damages caused by certain failures of a dam or enforcement of an order or regulation by the State Engineer or his or her assistant.
obtain a permit from the State Engineer to appropriate, store and use the waterust impounded or diverted by the proposed dam before beginning construction and, upon obtaining or possessing such a permit, must submit, in triplicate, to the State Engineer for approval plans and specifications for certain dams.
- *AB26_R1* – 2 – obtain a permit from the State Engineer to appropriate, store and use the waterst impounded or diverted by the proposed dam before beginning construction and, upon obtaining or possessing such a permit, must submit, in triplicate, to the State Engineer for approval plans and specifications for certain dams.
(2) prohibits the construction and use of any dam, under certain circumstances, before the approval of plans and specifications by the State Engineer;
(2) prohibits the of plans and specifications by the State Engineer;
and (3) makes it a misdemeanor Section 2 of this bill makes these provisions applicable to the reconstruction or alteration of a dam.
and (3) makes it a misdemeanor to construct or use a dam without first obtaining such approval.
Section 2 also removes the requirement that any person proposing to construct a dam in this State obtain a permit to appropriate, store and use water impounded or diverted by the proposed dam before beginning construction of the dam and instead requires any person proposing to construct, reconstruct or alter a dam to obtain approval from the State Engineer before beginning construction, reconstruction or alteration of the dam.
(NRS 535.010) Section 2 of this bill makes these provisions applicable to the reconstruction or alteration of a dam.
Section 2 also removes the requirement that any person proposing to construct a dam in this State obtain a permit to appropriate, store and use water impounded or diverted by the proposed dam before beginning construction of the dam and instead requires any person proposing to construct, beginning construction, reconstruction or alteration of the dam.
(1) requires a person to submit plans and specifications to the State Engineer for approval if the dam is classified by the State Engineer as a high hazard or specifications be submitted in triplicate.e requirement that such plans and Under existing law, the State Engineer is authorized to impose certain administrative fines for, or may seek injunctive relief upon, the violation of any permit issued by the State Engineer relating to the construction, reconstruction or alteration of a dam.
(1) requires a person to submit plans and specifications to the State Engineer for approval if the dam is classified by the State Engineer as a high hazard or significant hazard dam;
(NRS 535.200, 535.210) Sections 8 and 9 of this bill authorize the imposition of certain administrative fines or the seeking of injunctive relief upon the violation of any approval issued by the State Engineer in conformity with the removal of the requirement to obtain a permit made in section 2.
and (2) removes the requirement that such plans and specifications be submitted in triplicate.
Under existing law, the State Engineer is required to file with the Board of specifications for a new dam or for the alteration and enlargement of any dam in a stream.
Under existing law, the State Engineer is authorized to impose certain administrative fines for, or may seek injunctive relief upon, the violation of any - 83rd Session (2025) – 2 – permit issued by the State Engineer relating to the construction, reconstruction or alteration of a dam.
(NRS 535.200, 535.210) Sections 8 and 9 of this bill authorize the imposition of certain administrative fines or the seeking of injunctive relief the removal of the requirement to obtain a permit made in section 2.onformity with Under existing law, the State Engineer is required to file with the Board of Wildlife Commissioners a copy of applications for approval of plans and specifications for a new dam or for the alteration and enlargement of any dam in a stream.
Under existing law, works constructed by the United States Bureau of Reclamation or the United States Army Corps of Engineers are exempt from certain requirements relating to dams, including requirements for the approval of plans and 535.030) Sections 2 and 4 of this bill exempt any works under the jurisdiction of the United States Bureau of Reclamation or the United States Army Corps of Engineers from such requirements.
Under existing law, works constructed by the United States Bureau of Reclamation or the United States Army Corps of Engineers are exempt from certain requirements relating to dams, including requirements for the approval of plans and specifications and inspections and safety and repair requirements.
(NRS 535.010, the United States Bureau of Reclamation or the United States Army Corps oftion of Engineers from such requirements.
(NRS 535.035) Section 5 of this bill further authorizes the State Engineer or any assistant or authorized agent of the State Engineer to enter the land of any parcel adjacent to where a dam or other obstruction is located as is necessary to accUnder existing law, the State Engineer is authorized to order the removal of any dam, diversion works or obstruction that has not been legally established by certain means.
(NRS 535.035) Section 5 of this bill further authorizes the State Engineer or any assistant or authorized agent of the State Engineer to enter the land of any parcel adjacent to where a dam or other obstruction is located as is necessary to access the dam or other obstruction.
If such a dam, diversion works or obstruction is ordered removed by the State Engineer and is not removed after the service of a 30-day notice upon the owner or person controlling the dam, diversion works or obstruction, or an appeal - *AB26_R1* – 3 – of the removal order has not been filed, the State Engineer may remove the dam, diversion works or obstruction.
Under existing law, the State Engineer is authorized to order the removal of any dam, diversion works or obstruction that has not been legally established by certain means.
(NRS 535.050) Section 6 of this bill authorizes the established after providing a written, not served, copy of the 30-day notice to the owner of the dam, diversion works or obstruction.
If such a dam, diversion works or obstruction is ordered removed by the State Engineer and is not removed after the service of a 30-day notice upon the of the removal order has not been filed, the State Engineer may remove the dam,al diversion works or obstruction.
Under existing law, the State Engineer is authorized to remove a beaver on privately owned land if it is determined the beaver is interfering with the flow of water to the detriment of water users and after service of a written notice on the written notice be provided to the landowner and need not be served.uires that the THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(NRS 535.050) Section 6 of this bill authorizes the State Engineer to remove a dam, diversion works or obstruction not legally established after providing a written, not served, copy of the 30-day notice to the owner of the dam, diversion works or obstruction.
Under existing law, the State Engineer is authorized to remove a beaver on privately owned land if it is determined the beaver is interfering with the flow of water to the detriment of water users and after service of a written notice on the owner of the private land.
(NRS 535.060) Section 7 of this bill requires that the written notice be provided to the landowner and need not be served.
- 83rd Session (2025) – 3 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Any person proposing to construct , reconstruct or alter a dam in this state shall, before beginning construction, reconstruction or alteration of the dam, obtain approval from the State Engineer .
Any person proposing to construct , reconstruct or alter a dam in this state shall, before beginning construction, reconstruction or alteration of the dam, obtain approval from the be impounded by or diverted by the dam.]e, store and use the water to 2.
[a permit to appropriate, store and use the water to be impounded by or diverted by the dam.] 2.
(2) Is less than 20 feet in height and will impound more than 20 acre-feet of water [, submit to the State Engineer in triplicate plans and specifications thereof for approval 30 days before construction is to begin.] ;
(2) Is less than 20 feet in height and will impound more than acre-feet of water [, submit to the State Engineer in triplicate plans and specifications thereof for approval 30 days before construction is to begin.] ;
The State Engineer shall examine [such] any plans and specifications submitted pursuant to subsection 2 and if [the State Engineer approves them] approved, the State Engineer shall return - *AB26_R1* – 4 – [one] a copy of the plans and specifications with such approval to the applicant.
The State Engineer shall examine [such] any plans and specifications submitted pursuant to subsection 2 and if [the State Engineer approves them] approved, the State Engineer shall return [one] a copy of the plans and specifications with such approval to the applicant.
If the State Engineer disapproves any part of the plans and specifications the State Engineer shall return them to the applicant for correction or revision.
If the State Engineer disapproves any part of the plans applicant for correction or revision.
4.
shall return them to the - 83rd Session (2025) – 4 – 4.
The State Engineer may at any time inspect or cause to be inspected the construction , reconstruction or alteration work on a dam while it is in progress to determine that it is being done in accordance with the approved plans and specifications [.] , if applicable.
The State Engineer may at any time inspect or cause to be dam while it is in progress to determine that it is being done in a accordance with the approved plans and specifications [.] , if applicable.
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Whenever an application for decommissioning a dam is filed or a request for approval of plans and specifications for a new dam or for the alteration and enlargement of any dam in any stream in this state is [filed with] submitted to the State Engineer, the State Engineer shall [file a copy of the application with] notify the [Board] Department of Wildlife [Commissioners.] and make the application or plans and specifications, as applicable, available to the Department of Wildlife.
Whenever an application for decommissioning a a new dam or for the alteration and enlargement of any dam in anys for stream in this state is [filed with] submitted to the State Engineer, the State Engineer shall [file a copy of the application with] notify the [Board] Department of Wildlife [Commissioners.] and make the application or plans and specifications, as applicable, available to the Department of Wildlife.
- *AB26_R1* – 5 – (a) Make inspections of dams at state expense for the purpose of determining their safety;
(a) Make inspections of dams at state expense for the purpose of determining their safety;
and (b) Require owners to perform at their expense such work as may be necessary to supply the State Engineer with information as to the safety of such dams.
and - 83rd Session (2025) – 5 – (b) Require owners to perform at their expense such work as may be necessary to supply the State Engineer with information as to the safety of such dams.
The owners shall perform at their expense any other work necessary to maintenance and operation which will safeguard life and property.
The owners shall perform at their expense any other work and property.maintenance and operation which will safeguard life 3.
3.
535.035 In addition to any inspection conducted pursuant to NRS 535.010 or 535.030, the State Engineer or any assistant or authorized agent of the State Engineer may enter the land of any owner or proprietor where any dam or other obstruction is [situated] located, and any adjacent parcel of land as is necessary to access the dam or other obstruction, at any reasonable hour of the day to investigate and carry out the duties of the State Engineer pursuant to this chapter.
535.035 In addition to any inspection conducted pursuant to NRS 535.010 or 535.030, the State Engineer or any assistant or authorized agent of the State Engineer may enter the land of any owner or proprietor where any dam or other obstruction is [situated] located, and any adjacent parcel of land as is necessary to access the dam or other obstruction, at any reasonable hour of the day to investigate and carry out the duties of the State Engineer pursuant to thiSec.
Sec.
6.er.NRS 535.050 is hereby amended to read as follows:
6.
NRS 535.050 is hereby amended to read as follows:
If the dam, diversion works or obstruction has not been removed after 30 days’ notice in writing given by the State Engineer [and served upon] to the owner [or person controlling] of the dam, - *AB26_R1* – 6 – diversion works or obstruction, or if no appeal has been taken from the order of the State Engineer as is provided for in NRS 533.450, then the State Engineer may remove the dam, diversion works or obstruction.
If the dam, diversion works or obstruction has not been removed after 30 days’ notice in writing given by the State Engineer [and served upon] to the owner [or person controlling] of the dam, - 83rd Session (2025) – 6 – diversion works or obstruction, or if no appeal has been taken from the order of the State Engineer as is provided for in NRS 533.450, then the State Engineer may remove the dam, diversion works or obstruction.
4.
removal of the dam, diversion works or obstruction to the water the distribution account and thereafter present an itemized statement of the charge to the board of county commissioners of the county wherein those expenses were incurred.
The State Engineer shall charge the actual cost of [that] the removal of the dam, diversion works or obstruction to the water distribution account and thereafter present an itemized statement of the charge to the board of county commissioners of the county wherein those expenses were incurred.
The State Engineer and his or her assistants and water commissioners and the Department of Wildlife and its agents may enter upon privately owned lands for the purposes of investigating the conditions complained of and the removal and trapping of beaver.
The State Engineer and his or her assistants and water commissioners and the Department of Wildlife and its agents may enter upon privately owned lands for the purposes of investigating the conditions complained of and the removal and trapping of bea3.r.
3.
Upon the overruling of the objections, the landowner may have them reviewed by the district court having jurisdiction of the land by filing therein a - *AB26_R1* – 7 – petition for review within 10 days from the receipt of the order of the State Engineer overruling the objections.
Upon the overruling of - 83rd Session (2025) – 7 – the objections, the landowner may have them reviewed by the district court having jurisdiction of the land by filing therein a petition for review within 10 days from the receipt of the order of the State Engineer overruling the objections.
The proceedings on the petition must be informal and heard by the court at the earliest possible moment.
The proceedings on the possible moment.
5.
informal and heard by the court at the earliest 5.
If an administrative fine is imposed against a person pursuant to subsection 1, the State Engineer may require the person to pay the costs of the proceeding, including investigative costs and attorney’s fees.
If an administrative fine is imposed against a person to pay the costs of the proceeding, including investigative costs and attorney’s fees.
On a showing by the State Engineer that a person is engaged, or is about to engage, in any act or practice which violates or will violate any provision of this chapter, any [permit,] approval, order or decision issued by the State Engineer pursuant to this chapter or any regulation adopted by the State Engineer pursuant to NRS 532.120, the court may issue, without a bond, any prohibitory or mandatory injunction that the facts may warrant, including a - *AB26_R1* – 8 – temporary restraining order issued ex parte or, after notice and hearing, a preliminary or permanent injunction.
On a showing by the State Engineer that a person is engaged, or is about to engage, in any act or practice which violates or will violate any provision of this chapter, any [permit,] approval, - 83rd Session (2025) – 8 – order or decision issued by the State Engineer pursuant to this chapter or any regulation adopted by the State Engineer pursuant to NRS 532.120, the court may issue, without a bond, any prohibitory or mandatory injunction that the facts may warrant, including a hearing, a preliminary or permanent injunction.
3.
after notice and 3.
approval.0.
Sec.
This act becomes effective upon passage and H - *AB26_R1*
10.
This act becomes effective upon passage and approval.
~~~~~ 25 - 83rd Session (2025)
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Amendments

1 amendment

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Action History

  1. Approved by the Governor. Chapter 64.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  5. Taken from General File. Placed on General File for next legislative day.

  6. Read second time.

  7. From committee: Do pass.

  8. Read first time. Referred to Committee on Natural Resources. To committee.

  9. Read third time. Passed, as amended. Title approved. (Yeas: 42, Nays: None.) To Senate. In Senate.

  10. Taken from General File. Placed on General File for next legislative day.

  11. From printer. To engrossment. Engrossed. First reprint.

  12. Read second time. Amended. (Amend. No. 52.) To printer.

  13. From committee: Amend, and do pass as amended.

  14. Read first time. To committee.

  15. From printer.

  16. Prefiled. Referred to Committee on Natural Resources. To printer.

Sponsors

  • Assembly Committee on Natural Resources · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Natural Resources

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety environment
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AB 26 is sponsored by Assembly Committee on Natural Resources.
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This bill has been enacted into law. Introduced November 12, 2024. Enacted.
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