Proposed Regulations for Antidegradation and EAWs
This webpage provides information on Nevada’s rulemaking process for establishing an antidegradation program, with implementation procedures and a process for nominating and classifying unique waterbodies as ecological and aesthetic waters (EAWs). All meetings, hearings, documents, and correspondence will be available on this webpage throughout the rulemaking process.
The Nevada Division of Environmental Protection (NDEP) is proposing a regulatory action for adoption of an updated antidegradation program with clear implementation procedures that would be applicable to all surface waters of the State. The proposed regulatory action also outlines a process for nominating certain State waters that have exceptional or special water quality characteristics or important ecological, aesthetic, or recreational value as an “ecological or aesthetic water” (EAW). The designation of an EAW would involve a future formal rule-making process specific to the nominated waterbody.
The objective of antidegradation is to protect the existing quality of all surface waters. This objective is achieved through adoption of an antidegradation program and implementation procedures to ensure that waters are protected from regulated activities that have the potential to lower the water quality. EAWs are afforded a higher level of antidegradation protection to maintain and protect the unique or special characteristics of that water.
Regulation amendment workshop on R113-22 (DRAFT regulation R113-22 replaced R119-20)
Regulation amendment R113-22 (DRAFT regulation R113-22 replaced R119-20)
- LCB R113-22 DRAFT Regulation
- NDEP Response to Comments on LCB R119-20
- Form 1 (R113-22)
- Supplemental Form 1 (R113-22)
- Form 4 (R113-22)
Regulation amendment workshops on R119-20 (The workshops are not duplicative and anyone wishing to participate should attend at least the first two.)
- April 5, 2022, 9:00am to 12:00pm - Nomination and Classification of Ecological, Aesthetic or Recreational Waters (EAWs)
- April 6, 2022, 9:00am to 12:00pm - Antidegradation Program for Protection of Nevada Surface Water
- April 7, 2022, 9:00am to 12:00pm - Mock Exercises of Requirements for an Antidegradation Review
Comments Received on April, 2022 Regulation Amendment Workshops:
- LV Stakeholders
- Nevada Gold Mines
- NV Farm Bureau
- Pew Charitable Trust
- Truckee Meadows Stakeholders
- Western Resource Advocates
- Humboldt River Basin Water Authority
Stakeholder meetings regarding this action:
- September 2, 2021, 9:00 am to 11:00 am - Webinar for NDEP to introduce and discuss the proposed antidegradation program, implementation procedures being established and the proposed process for nominating and classifying surface waters as EAWs. An overview of the re-drafted Regulatory Petition R119-20 will also be provided during the webinar.
- September 9, 2021, 1:00 pm to 4:00 pm – Technical Session #1 for informal stakeholder, agency and public input and comment on proposed regulatory action and discussion of R119-20.
- September 16, 2021, 9:00 am to 12:00 pm – Technical Session #2 for stakeholder, agency and public input and comment on proposed regulatory action and discussion of R119-20.
- Responses to preliminary comments on the proposed action during the Technical Sessions
Documents and Correspondence
- FAQs: Frequently asked questions on proposed action
- DRAFT Nevada’s Antidegradation Implementation Procedures, August 2022 (revised)
- DRAFT Nevada’s Antidegradation NDEP Permit Writers’ Guidance
- Public notice for virtual webinar and technical sessions.
Question or inquiries, please contact:
Dave Simpson, Supervisor
Bureau of Water Quality Planning
901 S. Stewart Street, Suite 4001
Carson City, NV 89701
dsimpson [at] ndep.nv.gov
(O) 775-687-9548 | (F) 775-687-9561