NRS533.368. Hydrological, environmental or other study: State Engineer to determine need for study; cost of study paid by applicant; regulations.

      1.  If the State Engineer determines that a hydrological study, an environmental study or any other study is necessary before the State Engineer makes a final determination on an application pursuant to NRS 533.370 and the applicant, a governmental agency or other person has not conducted such a study or the required study is not available, the State Engineer shall advise the applicant of the need for the study and the type of study required.

      2.  The required study must be conducted by the State Engineer or by a person designated by the State Engineer, the applicant or a consultant approved by the State Engineer, as determined by the State Engineer.

      3.  The applicant shall bear the cost of a study required pursuant to subsection 1. A study must not be conducted by the State Engineer or by a person designated by the State Engineer until the applicant has paid a cash deposit to the State Engineer which is sufficient to defray the cost of the study.

      4.  The State Engineer shall:

      (a) Consult with the applicant and the governing body of the county or counties in which the point of diversion and the place of use is located concerning the scope and progress of the study.

      (b) Send a copy of the completed study to all attorneys of record, to a public library, if any, or other public building located in the county of origin, to the county or counties in which the point of diversion and the place of use is located and to the governing bodies of the county of origin and of the county or counties in which the point of diversion and the place of use is located.

      5.  The State Engineer may adopt regulations to carry out the provisions of this section.

      (Added to NRS by 1991, 1367)