536.115 - Investigation of complaint of unlawful removal, damage or destruction of ditch by State Engineer; reports concerning investigation.
536.115 Investigation of complaint of unlawful removal, damage or destruction of ditch by State Engineer; reports concerning investigation.
1. In a county whose population is less than 100,000, the State Engineer shall, upon request of the owner of a ditch or a local governmental entity in whose jurisdiction a ditch is located, investigate a complaint involving a possible violation of the provisions of NRS 536.120 which involves the ditch if the ditch is located:
(a) Within the boundaries of an adjudicated stream system for which the State Engineer has appointed an engineer to work in a supervisory capacity pursuant to NRS 533.275; and
(b) Outside the boundaries of an irrigation district organized pursuant to chapter 539 of NRS.
2. For any complaint investigated pursuant to subsection 1, the State Engineer shall:
(a) Prepare a report concerning the investigation, including, without limitation, the condition of the ditch; and
(b) Make the report available to the person or local governmental entity that requested the investigation.
3. A person or local governmental entity that obtains a report pursuant to subsection 2 may submit a copy of the report with any report of a violation of the provisions of NRS 536.120 that is reported to a law enforcement agency.
(Added to NRS by 2003, 973)
NRS 536.120 Penalty. Every person who shall willfully and maliciously remove, damage or destroy a ditch or flume lawfully erected for carrying water or draining land shall be guilty of a misdemeanor.
[Part 1911 C&P § 487; RL § 6752; NCL § 10434]