Nrs: Chapter 539 - Irrigation Districts

Link to law: https://www.leg.state.nv.us/NRS/NRS-539.html
Published: 2015

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[Rev. 11/21/2013 12:19:30

PM--2013]



CHAPTER 539 - IRRIGATION DISTRICTS

GENERAL PROVISIONS

NRS 539.010           Short

title.

NRS 539.013           Definitions.

NRS 539.015           Publication

of notice.

NRS 539.017           Construction.

FORMATION

NRS 539.020           Petition

for organization of district.

NRS 539.023           Inclusion

of state lands in district; Governor may sign petition.

NRS 539.025           Contents

of petition.

NRS 539.027           Undertaking.

NRS 539.030           Petition

filed in office of county clerk; publication of notice of time of meeting;

newspaper in which publication to be made; contents of notice.

NRS 539.033           Presentation

of petition to county commissioners; hearing.

NRS 539.035           Adjournment

of hearing.

NRS 539.037           Determination

as to land to be formed into district.

NRS 539.040           Informalities

in petition to be disregarded; reason for refusal or dismissal of petition;

mandamus.

NRS 539.043           Order

granting or denying petition; order granting petition to establish boundaries

and designate name.

NRS 539.045           Order

calling election.

NRS 539.047           Notice

of election: Contents; publication.

NRS 539.050           Election

precincts.

NRS 539.053           Conduct

of election; absent voters’ ballots.

NRS 539.055           Canvass

of votes; order declaring territory formed as district under designated name;

recording of order and plat.

NRS 539.057           Conclusiveness

of record of county commissioners concerning proceedings.

NRS 539.060           Name

of district; change of name of certain districts.

INTERNAL ORGANIZATION

NRS 539.063           Officers

of district.

NRS 539.065           Directors:

Terms of office; qualifications.

NRS 539.067           Directors:

Oaths; bonds.

NRS 539.070           Directors:

Vacancies in office.

NRS 539.071           Expansion

of number of directors authorized if federal reclamation project operated and

project authorized for additional purposes; procedure.

NRS 539.073           Organization

of board; election and appointment of officers.

NRS 539.075           Secretary

and treasurer: Appointment; bond.

NRS 539.077           Assistant

secretary: Appointment; duties.

NRS 539.080           Compensation

and expenses of directors and other officers.

NRS 539.081           Interest

in certain contracts prohibited; penalties.

NRS 539.083           Office

of board.

NRS 539.085           Regular

meetings: Time and place; notice of change of time; judicial day.

NRS 539.087           Special

meetings: Calling by president or board; notice; business to be transacted.

NRS 539.090           Legal

meeting: Attendance of all members.

NRS 539.093           Meetings

public.

NRS 539.095           Quorum;

affirmative vote of majority required for certain questions.

NRS 539.097           Records

open to inspection.

NRS 539.103           Director

not to be employed by district as engineer, watermaster or manager.

ELECTIONS

Divisions and Precincts

NRS 539.105           Establishment

of precincts and polling places.

NRS 539.107           Procedure

for change of boundaries.

NRS 539.110           Procedure

for changing number of directors and divisions; election required.

NRS 539.113           Procedure

for election of directors.

 

General Elections

NRS 539.115           When

regular elections of irrigation districts to be held.

NRS 539.117           When

election need not be held; declaration of election of candidates.

NRS 539.120           Declarations

of candidacy; filing fees.

NRS 539.123           Eligibility

to vote; number of votes elector may cast; certain persons and entities

entitled to vote and exercise rights of electors; filing of designations or

written consents.

NRS 539.125           Notice

of election: Contents; publication.

NRS 539.127           Registration

of electors required; reregistration.

NRS 539.130           Secretary

is ex officio district registrar; appointment of field registrars; duties.

NRS 539.133           Close

of registration: Time.

NRS 539.135           Oath

of individual registrant.

NRS 539.137           Oath

of registrants on behalf of entity that is not natural person.

NRS 539.140           Persons

who may administer registration oath.

NRS 539.143           Designation

of registered voters in rosters and lists of registered electors.

NRS 539.145           Appointment

of inspectors and clerks; designation of time and place of election.

NRS 539.147           Compensation

of registrars and election officers.

NRS 539.150           Election

officers: Oath; vacancies.

NRS 539.153           Applicability

of general election laws.

NRS 539.155           Returns

delivered to secretary; canvass by board of directors; declaration of result.

NRS 539.157           Declaration

of candidates receiving highest number of votes; certificates of election.

 

Recall Elections

NRS 539.160           Directors

subject to recall from office.

NRS 539.163           Petition

for recall: Contents; required signatures; filing.

NRS 539.165           Petition

for recall: Use of copies; verification.

NRS 539.167           Petition

for recall: Director must hold office 6 months.

NRS 539.170           Special

election: Call; when held.

NRS 539.173           Vacancy

filled if director resigns; continuance in office if director does not resign.

NRS 539.175           Removal

of signature from recall petition: Procedure.

NRS 539.177           Nominating

petitions for successors; filing.

NRS 539.180           Recall

ballots: Reasons for recall and answer thereto; form of proposal; names of

nominees.

NRS 539.183           Result

of recall election: Successor elected or vacancy in office created.

NRS 539.185           Subsequent

recall proceedings barred during director’s term unless previous election

expenses paid by petitioners.

NRS 539.187           Applicability

of general election laws to recall elections.

 

Miscellaneous Provisions

NRS 539.188           Special

election may be held upon unanimous vote of board of directors.

NRS 539.189           Notice

of election for election for issuance of bonds or other securities: Contents.

POWERS AND PURPOSES

General

NRS 539.190           General

powers of board of directors.

NRS 539.193           Agents

and employees: Employment and appointment; duties; compensation.

NRS 539.195           Entry

upon land to make surveys and locate works.

NRS 539.197           Contracts.

NRS 539.200           Contracts

of indemnity and guaranty.

NRS 539.201           Purchase

of liability insurance.

NRS 539.203           Board

of directors authorized to sue and to be sued.

NRS 539.205           Annual

report to State Engineer; recommendations of State Engineer.

 

Property

NRS 539.207           Acquisition

of property.

NRS 539.210           Use

of proceeds of bonds for acquisition.

NRS 539.213           Lease

of lands for community pasture.

NRS 539.215           Investigations

and representations requisite to acquiring control over governmental lands.

NRS 539.217           Conveyance

or donation of lands acquired by district.

NRS 539.220           Construction

of works across watercourse, road, railway, conduit or other property;

restoration of crossed property.

NRS 539.223           Rights-of-way

over state lands granted; duties of State Engineer and Director of State

Department of Conservation and Natural Resources.

NRS 539.225           Eminent

domain; rules of practice.

NRS 539.227           Vested

rights used in connection with mining or generation of power not to be affected

or taken.

 

Water

NRS 539.230           Appropriation

and distribution; use by irrigation district declared public use; place of use

of water.

NRS 539.233           Regulations

for distribution and use of water; regulating and measuring devices;

distribution of regulations.

NRS 539.234           Petition

for State Engineer to prescribe or clarify rules and regulations relating to

distribution and use of water within district.

NRS 539.235           Distribution

of water by division or district for appropriate charge.

 

Electric Power

NRS 539.237           Authority

to generate, transmit, sell and acquire electric power.

NRS 539.240           Election

required for approval of certain contracts; notice; ballots; limitation;

judicial determination of validity.

NRS 539.243           Election

required for approval of lease of power plant or transmission system owned or

controlled by district.

 

Drainage

NRS 539.245           Authority

of board of directors to provide for drainage.

 

Bids

NRS 539.255           Award

of contract in case of emergency or necessity without advertising for bids.

NRS 539.260           Direction

and satisfaction of district engineer; approval by board.

NRS 539.263           Contract

not to be let unless sufficient money in treasury or payable in district’s

bonds.

NRS 539.265           When

bids may be dispensed with; use of construction fund.

COOPERATION

General

NRS 539.267           Performance

of acts necessary to carry out enlarged powers.

 

Cooperation With United States and State of Nevada

NRS 539.270           General

powers.

NRS 539.273           Purposes

of cooperation and contract.

NRS 539.275           Provisions

includable in contract.

NRS 539.277           Bonds:

Transfer to or deposit with United States; payment of interest and principal;

rate of interest; call for repayment.

NRS 539.280           Payment

in installments; rate of interest; assessment and levy; lien.

NRS 539.283           Distribution

and apportionment of water; refusal of service to delinquent land; assessment

to maintain existing works.

NRS 539.285           Rent

or lease of water.

NRS 539.287           Dissolution

of district or change of boundaries: Consent of Secretary of Interior; excluded

areas free from liens and charges.

NRS 539.290           Collection

of money or action as fiscal agent of United States: Acceptance of appointment;

duties, liabilities and powers of district.

NRS 539.293           Additional

bonds of district officers: When required; inspection of district books by

federal agents.

NRS 539.295           Conveyance

of property to United States.

NRS 539.297           Authorization

of proposal to enter into contract.

NRS 539.300           Notice

of election: Contents.

NRS 539.303           Ballots:

Form.

NRS 539.305           Validation

proceedings.

NRS 539.307           Directors

relieved of certain duties; adoption of surveys and plans made by United

States.

NRS 539.310           Payments

from revenue derived from annual assessments upon real property; property

liable to assessment and levy.

NRS 539.313           Annual

levy or imposition of tolls or charges to meet payments.

NRS 539.315           Apportionment

of assessment in accordance with benefits; ascertainment of benefits.

NRS 539.317           Assessment

of federal public land.

NRS 539.320           Obligation

of district in case of default of land.

NRS 539.323           Money

paid to district treasury and held in United States Contract Fund; disposition

of surplus.

NRS 539.325           Contracts

for release of mortgages or liens; assumption by district of indebtedness due

United States; apportionment of benefits; collection and payment of taxes and

assessments.

NRS 539.327           Exclusion

of district division outside scope of contract.

NRS 539.330           Contracts

of district divisions with United States.

 

Cooperation With Counties

NRS 539.333           General

power; purposes.

 

Cooperation With Other Districts

NRS 539.335           Authority

to enter into agreements with districts in adjoining states.

NRS 539.337           Written

contracts or resolutions.

NRS 539.340           Recordation

of contracts and resolutions.

NRS 539.343           Provisions

as to ownership of property.

NRS 539.345           Trial

of disputes and enforcement of rights.

NRS 539.347           Meeting

in adjoining state valid.

NRS 539.350           Diversion

of water.

NRS 539.353           Holding

of property in this state or in adjoining state.

 

Privileges of Districts of Adjoining States

NRS 539.355           Foreign

irrigation district authorized to acquire land by purchase or condemnation;

conditions.

NRS 539.357           Use

of land declared public use.

NRS 539.360           Provisions

applicable if reciprocal rights granted.

DIVISIONS IN IRRIGATION DISTRICTS

Improvements

NRS 539.363           Power

of division to construct improvements.

NRS 539.365           Petition

to district directors: Contents; appointment of local board.

NRS 539.367           Local

board: Composition; terms of office; vacancies.

NRS 539.370           Compensation

of local directors.

NRS 539.373           Powers

of local board concerning improvements.

NRS 539.375           Board

of directors of district may incur debts and issue warrants; limitations;

assessments.

NRS 539.377           Plans

and estimates of local undertakings: Preparation; statement of source of money;

statement of purposes.

NRS 539.380           Filing

of plans and estimates or statement with district secretary; request for

election.

NRS 539.383           Notice

of election: Contents; publication.

NRS 539.385           Conduct

of election.

NRS 539.387           Terms

of local directors terminate and local board dissolved if proposal fails.

NRS 539.390           Authorization

for improvements at election; levy and collection of assessments.

NRS 539.393           Certificates

of indebtedness and notes: Signatures of officers of district; treated as bonds

of district.

NRS 539.395           Apportionment

of benefits; method of levy and collection of assessments.

NRS 539.397           Validation

proceedings.

NRS 539.400           Full

payment of local undertakings; termination of terms of local directors;

disposition of remaining money.

NRS 539.403           Local

improvements affecting two or more divisions: Applicability of NRS 539.363 to 539.403,

inclusive.

 

Cooperation and Contracts With United States

NRS 539.405           Petition

for creation of local board.

NRS 539.407           Powers

of local board.

NRS 539.410           Election

required for approval to enter contract and levy assessment.

NRS 539.413           Applicability

of laws relating to contracts between districts and United States.

NRS 539.415           Validation

proceedings.

NRS 539.417           Assumption

of operation and maintenance of existing works only; power of local board to

levy assessments and impose tolls and charges.

NRS 539.420           Construction,

replacement or extension of works: Power of local board to levy assessments and

impose tolls and charges.

IMPROVEMENT DISTRICTS IN IRRIGATION DISTRICTS

General

NRS 539.423           Purposes

for which land may be formed into improvement district.

NRS 539.425           Proposal

of formation: Recommendation of district engineer; petition of landowners;

designation of area by directors.

NRS 539.427           Plans

and estimates of cost of improvement; provision for payment of costs.

NRS 539.430           Submission

of proposed improvement, estimated cost and methods of financing to Department

of Taxation.

NRS 539.433           Election

required after approval by Department of Taxation.

NRS 539.435           Form

of question to be submitted to voters.

NRS 539.437           Conduct

of election.

NRS 539.440           Apportionment

of benefits.

NRS 539.443           Confirmation

proceedings in district court: Procedure; notice.

NRS 539.445           Authorization

to carry out improvement.

NRS 539.447           Sale

of securities; deposit of proceeds in improvement district fund.

NRS 539.450           Securities:

Execution by district officers; lien upon issuance of bonds.

NRS 539.453           Levy

and collection of annual assessments for payment of interest and redemption of

securities.

NRS 539.455           Payment

of assessments before issuance of securities.

NRS 539.457           Powers

of directors and officers of district.

NRS 539.460           Applicability

of chapter to improvement districts.

 

Funding and Refunding Bonds

NRS 539.463           Issuance;

conditions.

NRS 539.465           Election

required to authorize issuance; conduct of election; maturity of and interest

on bonds.

NRS 539.467           Confirmation

of proceedings by district court.

NRS 539.470           Apportionment

of benefits; levy of annual assessments for interest and redemption of bonds.

NRS 539.473           Certification

of bonds by State Controller.

NRS 539.475           Sale

and exchange of bonds.

FINANCIAL ORGANIZATION

General Financial Provisions

NRS 539.477           Debt

or liability in excess of express provisions void; incurrence forbidden.

NRS 539.480           Limitation

on indebtedness; issuance of warrants or negotiable notes; levy and collection

of assessments; limitation on assessments.

NRS 539.483           Monthly

financial reports of district treasurer; verification and filing.

NRS 539.485           Monthly

posting and publication of claims allowed by board of directors.

NRS 539.487           Annual

publication of district financial statement.

NRS 539.490           County

treasurer to deliver all money collected to treasurer of district.

 

Funds

NRS 539.493           Funds

created.

NRS 539.495           Construction

fund: Source.

NRS 539.497           Construction

fund: Authorized disbursements.

NRS 539.500           Construction

fund: Transfers to general fund.

NRS 539.503           Bond

fund: Source.

NRS 539.505           Bond

fund: Investment and transfer of surplus money.

NRS 539.507           General

fund: Division into general fund and operation and maintenance fund.

NRS 539.510           General

fund: Source.

NRS 539.513           General

fund: Board may fix rates of tolls or charges; collection in advance;

enforcement of debt; liens.

NRS 539.515           General

fund: Expenditures for development, operation and maintenance of recreational

grounds; limitations.

NRS 539.517           General

fund: Expenditure for exploiting district resources; limitation; tax.

NRS 539.520           Duties

of district treasurer; liability on official bond.

NRS 539.523           Directors

may make temporary transfers.

NRS 539.525           Regulation

of disbursements from funds; approval of vouchers.

NRS 539.527           Interest

coupons: Payment by district treasurer.

 

Deposits

NRS 539.530           Deposit

of money in bank or credit union in state.

NRS 539.533           Deposit

of district money in accordance with general laws.

NRS 539.537           Security

of deposits: Surety bonds; securities in lieu of surety bond.

BONDS

Bonds for Purchase and Construction

NRS 539.540           Resolution

of directors: General plan of proposed operations.

NRS 539.543           Surveys

and examinations; direction and certification by irrigation engineer.

NRS 539.545           Estimate

of amount of money necessary to be raised; election required.

NRS 539.547           Notice

of election: Posting; publication; contents.

NRS 539.550           Ballots:

Form.

NRS 539.553           Conduct

of election; number of votes elector may cast; certain persons and entities

entitled to vote; filing of designations or written consents; informalities not

to invalidate election.

NRS 539.557           Additional

bond issues: Election required.

NRS 539.560           Determination

of benefits: Apportionment; procedure.

NRS 539.563           Meeting

to review apportionment of benefits: Notice; hearing.

NRS 539.565           Confirmation

proceedings in district court: Petition; contents; notice of hearing on

petition; pleadings.

NRS 539.567           Confirmation

proceedings: Confirmation of apportionment; corrections by court; final

judgment; costs.

NRS 539.570           Sale

of bonds authorized; public or private sale; terms.

NRS 539.573           Bonds

not to be sold for less than 90 percent of par value and accrued interest.

NRS 539.575           Use

of unsold bonds in payment of construction; approval of Department of Taxation.

NRS 539.577           Cancellation

of authorized bond issue; levy of assessments in lieu of bonds; limitations.

NRS 539.580           Payment

of bonds and interest from revenue derived from annual assessments.

NRS 539.583           Payment

of interest from bond fund.

NRS 539.585           Payment

before issuance of bonds, notes or certificates of indebtedness.

NRS 539.587           Insufficient

money to complete improvement: Levy of assessment; issuance of additional

bonds.

NRS 539.590           Prior

liens.

NRS 539.593           Power

of directors to levy assessments to spread redemption of bonds.

NRS 539.595           Directors

may execute agreement with bond purchasers guaranteeing tax levy for bond

redemption; approval of Department of Taxation; recording of agreement.

NRS 539.597           County

auditor to spread minimum sinking fund tax on assessment books.

NRS 539.600           Agreement

binding on subsequent boards of directors; directors may increase tax.

NRS 539.603           Proceedings

if county officers fail to perform duties pertaining to sinking fund tax.

NRS 539.605           Faith

and credit of State pledged.

NRS 539.607           Issuance

of notes authorized to meet obligations of district after levy of tax; levy and

collection of special tax.

NRS 539.610           Redemption

of bonds before maturity: Procedure.

 

Refunding Bonds

NRS 539.613           Issuance

authorized without election; purposes; exchange or sale; lien.

NRS 539.6133         Voluntary

surrender or limitation on maturity; limitation on principal, interest and

maturity.

NRS 539.6135         Use

of proceeds; payment of incidental costs.

NRS 539.6137         Escrow

or trust for payment of refunded or refunding bonds.

NRS 539.614           Source

of payment and security; applicability of provisions of chapter; conclusiveness

of board’s determination of compliance with chapter.

 

General Provisions

NRS 539.615           Series

and issue of bonds.

NRS 539.617           Consecutive

numbering; negotiability and payment; multiples of $100.

NRS 539.620           Directors

may fix and determine time for issuance and maturity; limit on maturity.

NRS 539.623           Form

of bonds.

NRS 539.624           Issuance

separately or in combination.

NRS 539.625           Date

of bonds.

NRS 539.627           Denominations.

NRS 539.630           Interest.

NRS 539.633           Places

of payment.

NRS 539.635           Record

to be kept by secretary and treasurer.

NRS 539.6353         Rights

and remedies cumulative.

NRS 539.6355         Failure

of holder of bonds to proceed does not relieve district of liability.

 

Levy and Collection of Ad Valorem Taxes as Additional Security

for Payment of Certain Bonds

NRS 539.636           Power

of board of directors.

NRS 539.6361         Reserve

fund from bond proceeds: Creation, accumulation and maintenance; augmentations.

NRS 539.6362         Payment

of deficiency from general fund, reserve fund or other available revenue; levy

of ad valorem tax.

NRS 539.6363         Duties

of board of directors in making levy.

NRS 539.6364         Considerations

in certifying annual levies; additional levies in event of insufficient

revenue.

NRS 539.6365         Payment

of taxes to district; lien.

NRS 539.6366         Sale

of property for nonpayment of taxes.

 

Bonds Payable From or Secured by Pledge of Net Revenues

NRS 539.6371         Issuance

authorized to finance revenue-producing project.

NRS 539.6375         Covenants

and other provisions.

NRS 539.638           Liens.

NRS 539.6385         Rights

and powers of holders of bonds.

NRS 539.639           Trustees

and receivers.

 

Bonds for Legal Investments

NRS 539.640           Resolution

of district concerning availability of bonds for legal investments; copy filed

with Department of Taxation.

NRS 539.643           Investigation

of affairs of district; report of Department of Taxation.

NRS 539.645           Provisions

of NRS 539.643 directory only.

NRS 539.647           Certification

of bonds by State Controller.

NRS 539.650           Expenditures

from construction fund after certification of bonds prohibited without consent

of Department of Taxation.

NRS 539.653           Progressive

construction: Certification of bonds as needed; prior approval of Department of

Taxation if all bonds certified.

NRS 539.655           Form

of certificate of State Controller; facsimile signature authorized.

NRS 539.657           District

to pay expenses of investigation and report.

NRS 539.660           Bonds

as legal investments and security.

NRS 539.663           Bonds

of irrigation districts of other states as legal investments; limitations.

NRS 539.665           Faith

of State of Nevada pledged.

ASSESSMENTS

NRS 539.667           Secretary

is district assessor; preparation of assessment book annually; contents of

assessment book.

NRS 539.670           Levy

of assessments and tax by board; computation and entry in assessment book.

NRS 539.673           Assessment

by district board of land escaping assessment.

NRS 539.675           Use

of preceding assessments for succeeding years; deemed regular levy.

NRS 539.677           Levy

of assessments by county commissioners or Department of Taxation; duties of

district attorney and Attorney General.

NRS 539.680           Correction

of assessments; notice of time of meeting to correct assessments; retention of

assessment book in district office for inspection; changes in assessments.

NRS 539.683           Collection

of assessments: Procedure; duties of county and district officers.

NRS 539.685           Addition

of unpaid tolls and charges to assessment levies.

NRS 539.687           Assessment

as lien against property; bond lien as preferred lien.

NRS 539.690           Special

assessments: Procedure for levy; election; authority to levy assessments for

number of years for specific purposes.

NRS 539.693           Sale

of land in district because of delinquency in payment of tax; land sold subject

to accrued and accruing liens for charges, tolls, assessments and taxes.

NRS 539.695           Procedure

for summary foreclosure of lien for accrued charges, tolls or assessments;

notice of sale; sale for delinquency in taxes.

NRS 539.697           Distribution

and sale of water acquired at sale for delinquent tax or summary foreclosure.

NRS 539.700           Exclusion

of land from benefits if land sold for delinquent taxes or assessments: Consent

of bondholders and others.

NRS 539.703           Water

and water rights become part of general supply when land excluded from further

participation in benefits.

NRS 539.705           Land

excluded from participation in benefits: Transfer of storage rights and

benefits apportioned to other land.

INCLUSION AND EXCLUSION OF LANDS

NRS 539.708           Petition

for annexation: Contents; inclusion of lands within municipal corporation.

NRS 539.712           Notice

of filing of petition for annexation: Posting; contents; advancement of costs

by petitioners.

NRS 539.714           Hearing

on annexation petition.

NRS 539.716           Conditions

precedent to annexation; apportionment and assessment of benefits.

NRS 539.718           Order

of annexation: Contents; survey.

NRS 539.722           Resolution

approving annexation notwithstanding electors’ objections: Adoption; contents.

NRS 539.724           Election

on question of annexation: Notice; procedure; form of ballots.

NRS 539.726           Order

of annexation following election: Contents; recording.

NRS 539.728           Apportionment

of benefits following annexation: Compliance with statutes.

NRS 539.732           Lands

in one district not to be included in another district.

NRS 539.734           Inclusion

within district of state lands and state lands held under contract to purchase.

NRS 539.736           Exclusion

of land: Grounds; limitations.

NRS 539.738           Notice

of proposed exclusion: Publication; contents.

NRS 539.742           Resolution

excluding land; objections.

NRS 539.744           Order

or denial of exclusion; publication of order.

NRS 539.746           Recording

of order excluding land or changing boundaries with plat.

NRS 539.748           Petition

to district court by aggrieved persons.

DISSOLUTION

NRS 539.750           Petition

for dissolution of district: Filing with clerk of district court; order of

district judge.

NRS 539.753           Contents

of petition.

NRS 539.755           Determination

of sufficiency of percentages required on petition: What governs clerk of

district court.

NRS 539.757           Ballots:

Form.

NRS 539.760           Conduct

of election; canvass of votes.

NRS 539.763           Certification

of election results to district court; examination of returns by court; order

of dissolution; filing of financial statement.

NRS 539.765           Court

governed by NRS 539.287 where contract with United

States exists.

NRS 539.767           Order

of dissolution not to be entered until bonded indebtedness liquidated or

consent of bondholders filed.

NRS 539.770           Payment

of other indebtedness to be provided for; duties of county officers in closing

affairs of district.

NRS 539.773           Liquidation

of indebtedness; levy of assessments; collection of taxes; sale of district

property by county commissioners; disposition of proceeds.

NRS 539.775           Contract

with United States or bonded indebtedness not bar to dissolution if provision

made for payment.

NRS 539.777           Entry

of order dissolving district; further indebtedness prohibited.

UNLAWFUL ACTS AND PENALTIES

NRS 539.780           Unlawful

interference with officer, agent or employee of district; criminal and civil

penalties.

NRS 539.783           Liability

of water user negligently or wrongfully impairing system of works; notice to

repair.

_________

_________

 

GENERAL PROVISIONS

      NRS 539.010  Short title.  This

chapter may be referred to in any action, proceeding or legislative enactment

as the Nevada Irrigation District Act.

      [Part 70:64:1919; 1919 RL p. 3294; NCL § 8088]

      NRS 539.013  Definitions.  As

used in this chapter:

      1.  “County treasurer” or “treasurer of the

county” shall be held to mean “ex officio tax receiver” or “tax receiver” of

the county.

      2.  “Irrigation district” or “district”

shall be held to mean any irrigation district organized under the laws of this

state prior to July 1, 1919, as well as under this chapter, to the full extent

required to accomplish the purposes of this chapter. Whenever the words

“irrigation district” are or have been used in any action or proceeding or in

any act or resolution of the Legislature, such words shall be construed to mean

an irrigation district organized under the provisions of chapter 134, Statutes

of Nevada 1911, or acts supplementary thereto or amendatory thereof, or an

irrigation district organized or existing under this chapter.

      3.  “Works of an irrigation district” shall

be held to include any drain or watercourse, any side, lateral, spur or branch

ditch or drain, whether opened, covered or tiled, or any natural watercourse

into which drains or ditches of the district may enter for the purpose of

outlet, whether such watercourse is situated in or outside of the district.

      [Part 10a:64:1919; added 1923, 289; NCL § 8018] +

[67:64:1919; 1919 RL p. 3293; NCL § 8085] + [Part 70:64:1919; 1919 RL p. 3294;

NCL § 8088]

      NRS 539.015  Publication of notice.  Whenever

in this chapter any notice is required to be given by publication, such

provision shall be satisfied by publishing the same in a weekly newspaper the

same number of times consecutively as the number of weeks mentioned in the

requirement.

      [66:64:1919; 1919 RL p. 3293; NCL § 8084]

      NRS 539.017  Construction.

      1.  Nothing in this chapter shall be

construed as repealing or in any wise modifying the provisions of any other law

relating to the subject of irrigation or drainage except such as may be

contained in chapter 134, Statutes of Nevada 1911, and subsequent acts

supplementary thereto or amendatory thereof, all of which acts, so far as they

may be inconsistent with this chapter, are repealed.

      2.  Nothing in this chapter shall be so construed

as to:

      (a) Affect the validity of any district organized

under the laws of this state prior to July 1, 1919, or its right in or to

property, or any of its rights or privileges of whatsoever kind or nature; but

such districts are hereby made subject to the provisions of this chapter as far

as applicable.

      (b) Affect, impair or discharge any contract,

obligation, lien or charge for or upon which any district was or might become

liable or chargeable had this chapter not been passed.

      (c) Affect the validity of any bonds which have

been issued but not sold.

      (d) Affect any action pending on July 1, 1919.

      3.  In such districts as have been

organized prior to July 1, 1919, and in which directors of the various

divisions thereof have been elected by the votes of the electors of the

district at large, such elections are hereby confirmed.

      4.  In the cases of any district or

districts any portion of the proceedings for the organization of which were

instituted under prior existing laws and completed under the provisions of this

chapter, such district or districts shall be deemed to have been duly organized

under this chapter, and the organization thereof is hereby confirmed.

      5.  Any district organized under prior laws

of this state may adopt and subject itself to all the provisions of this

chapter by a unanimous resolution of its board of directors, and the

organization of such district is hereby confirmed.

      6.  The directors of any district organized

prior to July 1, 1919, and not divided into divisions may request the board of

county commissioners to define and establish such divisions, and the board of

county commissioners shall forthwith define and establish divisions in such

district as nearly equal in size as practicable and in number equal to the directors

in the district.

      [68:64:1919; A 1921, 118; 1923, 289; NCL § 8086] +

[69:64:1919; 1919 RL p. 3293; NCL § 8087]

FORMATION

      NRS 539.020  Petition for organization of district.

      1.  A majority in number of the holders of

title, or evidence of title, to lands susceptible of one mode of irrigation

from a common source or combined sources, and by the same system or combined

systems of works, may propose the organization of an irrigation district

pursuant to this chapter if they hold title or evidence of title to at least

one-half part of the total area of the land in the proposed district. In

computing the total area in the proposed district, the public domain of the

United States of America, excepting any portion thereof held by entrymen

pursuant to any law of the United States, must be excluded.

      2.  Every signer of a petition for the

organization of an irrigation district must be the holder of title or evidence

of title to land within the proposed district. The holder of a bona fide

contract to purchase land, having been in the actual possession thereof at

least 1 year pursuant to the contract, and whose name appears upon the

preceding equalized county assessment roll for the payment of taxes of the

land, shall be deemed the holder of title thereto for all of the purposes of

this chapter.

      3.  The equalized county assessment roll

next preceding the presentation of a petition for the organization of an

irrigation district is sufficient evidence of title for the purpose of this

chapter, but other evidence may be received, including receipts or other evidence

of rights of entrymen on land pursuant to any law of the United States. These

entrymen are competent signers of the petition and the land on which they have

made entries shall, for the purpose of the petition, be deemed to be owned by

them. The entrymen share all the privileges and obligations of freeholders and

owners of private land within the district pursuant to this chapter, including

the right to vote and hold office, subject to the terms of the Act of Congress

entitled “An Act to promote the reclamation of arid lands,” approved August 11,

1916, being c. 319, 39 Stat. 506, also designated as 43 U.S.C. §§ 621-630.

      [Part 1:64:1919; A 1921, 118; 1927, 302, 309; 1929,

77; NCL § 8008]—(NRS A 1989, 1172)

      NRS 539.023  Inclusion of state lands in district; Governor may sign

petition.

      1.  When within a proposed irrigation

district there exists one or more tracts of land owned and used by the State of

Nevada for state purposes and susceptible of the same mode of irrigation or

taking water for irrigation from the same source, system or combined systems as

other privately owned lands within the proposed district, the Governor, with

the advice of the State Engineer, may sign any petition for the organization of

such irrigation district.

      2.  Should such irrigation district be

thereafter organized in accordance with the provisions of law, such lands so

belonging to the State of Nevada shall be subject to the same rights,

privileges and obligations as are or may be belonging to or imposed on the

privately owned lands within the district, and in this respect and for the

purposes of carrying out the provisions of this chapter the heads of

departments or the commissions or boards having supervision or control of the

state institution to which such tracts or units of land are attached, for

supervisory purposes, shall include in their report and biennial budget for

submission to the Governor and Legislature such items or amounts as may from

time to time become an obligation on the lands of the district.

      [Part 1:64:1919; A 1921, 118; 1927, 302, 309; 1929,

77; NCL § 8008]

      NRS 539.025  Contents of petition.

      1.  Whenever it is proposed to organize an

irrigation district, a petition shall first be presented to the board of county

commissioners of the county in which the lands or the greater portion thereof

are situated, signed by the required number, possessing the qualifications

provided for in NRS 539.020 and 539.023, which petition shall:

      (a) Set forth and particularly describe the

proposed boundaries of the district.

      (b) Pray that the same may be organized under the

provisions of this chapter.

      2.  The petitioners may determine in the

petition whether the proposed district shall be divided into three, five or

seven divisions, and whether it shall have three, five or seven directors. If

no number is named in the petition, the board of county commissioners may

determine whether the number shall be three, five or seven.

      [Part 1:64:1919; A 1921, 118; 1927, 302, 309; 1929,

77; NCL § 8008] + [Part 2:64:1919; A 1921, 118; NCL § 8009]

      NRS 539.027  Undertaking.  The

petitioners must accompany the petition with a good and sufficient bond, to be

approved by the board of county commissioners, in double the amount of the

probable cost of organizing the district, conditioned that the bondsmen will

pay all of the costs in case the organization is not effected.

      [Part 2:64:1919; A 1921, 118; NCL § 8009]

      NRS 539.030  Petition filed in office of county clerk; publication of notice

of time of meeting; newspaper in which publication to be made; contents of

notice.

      1.  The petition shall be filed in the

office of the county clerk and a notice thereof shall be published by the

county clerk for at least 2 weeks before the time at which it is to be

presented to the board of county commissioners. Publication shall be in some

newspaper printed and published in the county where the petition is presented,

which newspaper shall be designated by the board of county commissioners as the

newspaper most likely to impart notice of the hearing of the petition.

      2.  The notice shall set forth:

      (a) That the petition has been filed.

      (b) The time of the meeting of the board of

county commissioners to consider the petition.

      (c) A description of the territory to be embraced

in the proposed district.

      [Part 2:64:1919; A 1921, 118; NCL § 8009]

      NRS 539.033  Presentation of petition to county commissioners; hearing.  When the petition is presented, and it shall

appear that the notice of the presentation of the petition has been given and

that the petition has been signed by the requisite number of petitioners as

required by this chapter, the board of county commissioners shall hold a

hearing on the petition.

      [Part 3:64:1919; A 1921, 118; 1925, 203; 1931, 265;

1935, 135; 1931 NCL § 8010]

      NRS 539.035  Adjournment of hearing.  The

board of county commissioners may adjourn the hearing from time to time, not

exceeding 3 weeks in all.

      [Part 3:64:1919; A 1921, 118; 1925, 203; 1931, 265;

1935, 135; 1931 NCL § 8010]

      NRS 539.037  Determination as to land to be formed into district.

      1.  Contiguous or neighboring lands

susceptible of irrigation from the common source or combined sources, not

included in the district as described in the petition, at the hearing may, upon

application of the holder or holders of title or evidence of title thereto as

prescribed in NRS 539.020 and 539.023, be included in the district.

      2.  Lands described in the petition not susceptible

of irrigation from such system or systems may upon similar application be

excluded therefrom.

      3.  The board of county commissioners shall

not modify the boundaries described in the petition so as to change the object

of the petition or so as to exempt from the operation of this chapter any land

which is susceptible of irrigation by such system or systems.

      [Part 3:64:1919; A 1921, 118; 1925, 203; 1931, 265;

1935, 135; 1931 NCL § 8010]

      NRS 539.040  Informalities in petition to be disregarded; reason for refusal

or dismissal of petition; mandamus.

      1.  In the hearing of any petition, the

board of county commissioners shall disregard any informalities therein.

      2.  If the board of county commissioners

deny the petition or dismiss it for any reasons on account of the provisions of

this chapter not having been complied with, which are the only reasons upon

which the board of county commissioners shall have the right to refuse or

dismiss the petition, the board of county commissioners shall state its reasons

in writing therefor in detail, which shall be entered upon its records.

      3.  If the reasons are not well founded, a

writ of mandamus shall, upon proper application therefor, issue out of the

district court of the county compelling the board of county commissioners to

act in compliance with this chapter, which writ shall be heard within 20 days

from the date of issuance, such time to be excluded from the time given the

board of county commissioners to act upon the petition.

      [Part 3:64:1919; A 1921, 118; 1925, 203; 1931, 265;

1935, 135; 1931 NCL § 8010]

      NRS 539.043  Order granting or denying petition; order granting petition to

establish boundaries and designate name.  Upon

the completion of the hearing, the board of county commissioners shall

forthwith make an order denying or granting the prayer of the petition, and if

the same is granted shall, in the order, define and establish the boundaries

and designate the name of such proposed district and divide the same into

three, five or seven divisions, as prescribed in the petition, as nearly equal

in size as may be practicable.

      [Part 3:64:1919; A 1921, 118; 1925, 203; 1931, 265;

1935, 135; 1931 NCL § 8010]

      NRS 539.045  Order calling election.

      1.  Upon making an order granting the

prayer of the petition as provided in NRS 539.043,

the board of county commissioners shall by further order entered upon its

record submit to the qualified electors of the proposed district at the next

primary or general election the question of whether that district shall be

organized pursuant to the provisions of this chapter, and by that order shall

submit the names of one or more persons from each of the divisions of the

district to be voted for as directors of the district.

      2.  One director must be elected from each

division by the qualified electors of the district and be a qualified elector

of the district and holder of title, or evidence of title as prescribed in NRS 539.020 and 539.023,

to land within the division from which the director is elected.

      [Part 3:64:1919; A 1921, 118; 1925, 203; 1931, 265;

1935, 135; 1931 NCL § 8010]—(NRS A 1993, 1081)

      NRS 539.047  Notice of election: Contents; publication.

      1.  The board of county commissioners shall

give notice of such election, which shall be published for 2 weeks prior to

such election in a newspaper within the county where the petition is filed.

      2.  Such notice shall require the electors

to cast ballots, which shall contain the words “Irrigation District—Yes,” or

“Irrigation District—No,” or words equivalent thereto, and the names of persons

to be voted for as directors.

      [Part 3:64:1919; A 1921, 118; 1925, 203; 1931, 265;

1935, 135; 1931 NCL § 8010]

      NRS 539.050  Election precincts.  For

the purpose of the election to organize the district, each division constitutes

an election precinct.

      [Part 3:64:1919; A 1921, 118; 1925, 203; 1931, 265;

1935, 135; 1931 NCL § 8010]—(NRS A 1993, 1081)

      NRS 539.053  Conduct of election; absent voters’ ballots.  Except as otherwise provided in this chapter,

all such elections shall be conducted as near as may be practicable in

accordance with the general election laws of this state, including the right to

vote by absent voter’s ballot.

      [Part 4:64:1919; A 1927, 309; NCL § 8011]

      NRS 539.055  Canvass of votes; order declaring territory formed as district

under designated name; recording of order and plat.

      1.  The board of county commissioners shall

meet on or before the sixth working day succeeding such election and proceed to

canvass the votes cast thereat.

      2.  If upon such canvass it appears that a

majority of the electors voted “Irrigation District—Yes,” the board, by an

order entered upon its minutes, shall:

      (a) Declare such territory duly organized as an

irrigation district under the name and style theretofore designated.

      (b) Declare the persons receiving respectively

the highest number of votes for directors to be duly elected.

      (c) Cause a copy of such order and a plat of the

district, each duly certified by the clerk of the board of county

commissioners, to be immediately filed for record in the office of the county

recorder of each county in which any portion of such lands is situated.

Certified copies thereof shall also be filed with the county clerks of such

counties.

      3.  Thereafter, the organization of the

district shall be complete.

      [Part 4:64:1919; A 1927, 309; NCL § 8011]—(NRS A 2007, 626)

      NRS 539.057  Conclusiveness of record of county commissioners concerning

proceedings.  The record of the

board of county commissioners of the proceedings had and taken by it under the

provisions of this chapter shall be, in the absence of fraud, conclusive

evidence of the matters and things therein recited.

      [Part 3:64:1919; A 1921, 118; 1925, 203; 1931, 265;

1935, 135; 1931 NCL § 8010]

      NRS 539.060  Name of district; change of name of certain districts.

      1.  The name of any district organized

after July 1, 1919, pursuant to this chapter must contain either the words

“irrigation district,” “water conservation district,” “water conservancy

district” or “water improvement district.”

      2.  Any district organized and existing

before, on or after July 1, 1919, the name of which must include the words

“irrigation district,” may change its name by substituting for the word

“irrigation” either the words “water conservation,” “water conservancy” or

“water improvement,” or may change the entire name or designation of the

district by filing with the board of county commissioners, with which the

original petition was filed for the organization of the district, a certified

copy of a resolution of its board of directors adopted by the unanimous vote of

all the members of the board at a regular meeting thereof providing for such a

change of name. All proceedings of such a district must be had under the

changed name, but all existing obligations and contracts of the district

entered into under its former name must remain outstanding without change and

with the validity thereof unimpaired and unaffected by the change of name.

      [71:64:1919; added 1921, 118; A 1923, 289; NCL §

8089]—(NRS A 1997,

1621)

INTERNAL ORGANIZATION

      NRS 539.063  Officers of district.  The

officers of an irrigation district shall consist of three, five or seven

directors, a president and a vice president elected from their number, and a

secretary and treasurer.

      [Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;

1933, 271; 1931 NCL § 8016]

      NRS 539.065  Directors: Terms of office; qualifications.

      1.  The directors elected at the

organization election shall be selected by lot so that one, two or three

directors, according to whether there are in all three, five or seven on the

board, shall hold office until their successors are elected at the next regular

election and qualify, and two, three or four directors, as the case may be,

shall hold office until their successors are elected at the second regular

election after organization and qualify.

      2.  At the regular election biennially

thereafter directors shall be elected, to replace the directors whose terms

expire, for terms of 4 years, or until their successors are elected and

qualify. Directors so elected shall have the qualifications prescribed in this

chapter for directors elected at the time of organization.

      [Part 5:64:1919; A 1933, 271; 1931 NCL § 8012]

      NRS 539.067  Directors: Oaths; bonds.

      1.  Within 10 days after receiving the

certificate of his or her election, each director shall take and subscribe to

an official oath and file the same with the secretary of the board of

directors.

      2.  Each member of the board of directors

shall execute an official bond in the sum of $2,000, which shall be approved by

the judge of the district court in and for the county where such organization

is effected. Such bonds shall be recorded in the office of the county recorder

and filed with the secretary of the board.

      [Part 7:64:1919; A 1921, 118; NCL § 8014]

      NRS 539.070  Directors: Vacancies in office.

      1.  Any vacancy in the office of director

shall be filled from the division in which the vacancy occurs by the remaining

members of the board.

      2.  In cases where a vacancy occurs in the

office of director and the remaining directors, at the next regular monthly

meeting of the board of directors following such vacancy, do not by a majority

vote of such remaining directors appoint a successor to fill such vacancy, then

the president of the board of directors shall fill such vacancy by appointment.

      3.  In the event of the vacancy occurring

in the office of the director who is president of the board, then the vice

president shall fill the vacancy by appointment.

      4.  A director appointed to fill a vacancy,

as provided in this section, shall hold the office until the next biennial

election, and until the director’s successor is elected and qualified.

      [Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;

1933, 271; 1931 NCL § 8016]

      NRS 539.071  Expansion of number of directors authorized if federal

reclamation project operated and project authorized for additional purposes;

procedure.

      1.  Notwithstanding any other provision of

this chapter, if an irrigation district operates a federal reclamation project

pursuant to a contract with the United States and the project is authorized for

purposes in addition to irrigation, the district may expand the number of

directors on the board of directors of the district in the manner provided in

this section.

      2.  The number of directors may be

increased pursuant to this section by a number not to exceed one less than the

number of elected directors on the board. The addition of directors pursuant to

this section may be proposed by resolution adopted by the board of directors or

upon the petition of not less than 51 percent of the qualified electors of the

district.

      3.  The resolution or petition proposing to

increase the number of directors must designate the number of additional

directors proposed, the interest to be represented by each additional director

and the method by which each additional director will be appointed. The

interest to be represented by each additional director must be an interest

which owns a water right for an authorized purpose of the federal reclamation

project.

      4.  The board of directors shall submit the

question of expanding the board of directors in accordance with the resolution

or petition to the qualified electors of the district at the next district

election or primary or general state election. Notice of the election must be

given in the manner provided in NRS 539.125.

      5.  If the result of the election is in

favor of the expansion, the board of directors must be expanded in accordance

with the resolution or petition. The new directors must be appointed at the

time of the next biennial election of directors, and must determine their

respective tenures of office in the manner provided in NRS

539.065. After the initial terms, directors appointed pursuant to this

section hold office for a term of 4 years. The successor to a director

appointed pursuant to this section must be appointed not later than the

biennial election which coincides with the expiration of the director’s term.

      6.  By resolution of the elected directors

or by petition of not less than 51 percent of the qualified electors of the

district, the directors added pursuant to this section may be eliminated, or

the interests they represent or their appointing authorities may be changed, in

the same manner that directors are added pursuant to this section.

      (Added to NRS by 1991, 1081; A 1993, 1081)

      NRS 539.073  Organization of board; election and appointment of officers.

      1.  Immediately upon their election and

qualification following the organization election the board of directors shall

meet and organize, elect a president and a vice president, and appoint a

secretary and a treasurer.

      2.  On the first Monday in May next

following their election thereafter, the board of directors shall meet and

organize, elect a president and a vice president, and appoint a secretary and a

treasurer.

      [Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;

1933, 271; 1931 NCL § 8016]

      NRS 539.075  Secretary and treasurer: Appointment; bond.

      1.  The secretary and the treasurer shall

be appointed by the board of directors and may or may not be members of the

board. One person may be appointed to serve as secretary and treasurer.

      2.  Such officers shall serve at the will

of the board.

      3.  The secretary and the treasurer shall

file bonds for the faithful performance of their duties. The bonds shall be

approved by the board.

      [Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;

1933, 271; 1931 NCL § 8016]

      NRS 539.077  Assistant secretary: Appointment; duties.  The board may also appoint an assistant

secretary who shall exercise such of the powers and perform such of the duties of

the secretary as may be designated by the board of directors, except that such

assistant secretary shall not be invested with authority to sign on behalf of

the secretary any bonds of the district.

      [Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;

1933, 271; 1931 NCL § 8016]

      NRS 539.080  Compensation and expenses of directors and other officers.

      1.  A member of the board of directors is

entitled to receive not more than $80 per day and actual traveling expenses for

each day spent attending meetings of the board or while engaged in official

business under the order of the board.

      2.  The board shall fix the compensation to

be paid to the other officers named in this chapter; but the board shall, upon

the petition of a majority of the electors within the district, submit to the

electors at any general election of the district a schedule of salaries and

fees to be paid the directors and officers thereof. The petition must be

presented to the board 20 days before the general election. The schedule of

salaries and fees must be put into effect upon the first of the month after the

election if it was approved by a two-thirds vote.

      [12:64:1919; A 1945, 298; 1943 NCL § 8023]—(NRS A

1957, 309; 1965, 673; 1973, 786; 1981, 582; 1999, 921)

      NRS 539.081  Interest in certain contracts prohibited; penalties.

      1.  All directors and other officers named

in this chapter are prohibited from being directly or indirectly interested in

any contract awarded by the board or in the profits to be derived from the

contract.

      2.  For any violation of this section the

director or officer is guilty of a gross misdemeanor, and upon conviction

thereof forfeits his or her office.

      (Added to NRS by 1977, 1114)

      NRS 539.083  Office of board.  The

board of directors shall designate some place within the county where the

organization of the district was effected as the office of the board.

      [Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;

1933, 271; 1931 NCL § 8016]

      NRS 539.085  Regular meetings: Time and place; notice of change of time;

judicial day.

      1.  The board shall hold a regular monthly

meeting in its office on the day of the month fixed by resolution duly entered

upon the minutes. When the time for such a monthly meeting has been fixed it

cannot again be changed for 12 months, and it can only be changed by resolution

passed at least 2 months prior to the time such change shall take effect, and

upon publication in a newspaper of general circulation in the district for at

least 2 weeks prior to such change.

      2.  Should the regular meeting day fall

upon a nonjudicial day, such meeting shall be held on the first judicial day

thereafter.

      [Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;

1933, 271; 1931 NCL § 8016]

      NRS 539.087  Special meetings: Calling by president or board; notice;

business to be transacted.

      1.  The board of directors shall hold such

special meetings as shall be required for the purpose of transaction of

business; but all special meetings must be called by the president or a

majority of the board.

      2.  The order calling such special meeting

shall be entered on the record, and the secretary shall give each member not

joining in the order 3 days’ notice of such special meeting.

      3.  The order must specify the business to

be transacted at such special meeting; and none other than that specified shall

be transacted.

      [Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;

1933, 271; 1931 NCL § 8016]

      NRS 539.090  Legal meeting: Attendance of all members.  Whenever all members of the board are present

at a meeting the same shall be deemed a legal meeting and any lawful business

may be transacted.

      [Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;

1933, 271; 1931 NCL § 8016]

      NRS 539.093  Meetings public.  All

meetings of the board shall be public.

      [Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;

1933, 271; 1931 NCL § 8016]

      NRS 539.095  Quorum; affirmative vote of majority required for certain

questions.  A majority of the

members constitutes a quorum for the transaction of business, but on all questions

requiring a vote, there must be an affirmative vote of at least a majority of

all the members of the board.

      [Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;

1933, 271; 1931 NCL § 8016]—(NRS A 2001, 1129)

      NRS 539.097  Records open to inspection.

      1.  All records of the board shall be open

to the inspection of any elector during business hours.

      2.  The board of directors of each

irrigation district, or the secretary thereof, shall at any time allow any

member of the board of county commissioners, when acting under the order of

such board, to have access to all books, records and vouchers of the district

which are in the possession or control of the board of directors or the

secretary.

      [Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;

1933, 271; 1931 NCL § 8016] + [52:64:1919; 1919 RL p. 3288; NCL § 8070]

      NRS 539.103  Director not to be employed by district as engineer, watermaster

or manager.

      1.  No director shall, during the

director’s term of office, be employed by the district as district engineer,

watermaster or manager.

      2.  This section shall not be construed as

depriving the board of the right and power to appoint a committee or committees

to act for the board whenever and wherever necessary to carry out the purposes

of this chapter.

      [74:64:1919; added 1929, 286; NCL § 8092]

ELECTIONS

Divisions and Precincts

      NRS 539.105  Establishment of precincts and polling places.

      1.  Each division shall constitute an

election precinct for the purposes of this chapter.

      2.  After the organization of the district

the directors may divide a division into two or more precincts and fix the

polling places therein.

      3.  By affirmative vote of all of their

number or of all of their number save one, the directors may reduce the number

of election precincts to one or more within the district, establish the

boundaries thereof, and fix the polling place or places therein.

      [Part 3:64:1919; A 1921, 118; 1925, 203; 1931, 265;

1935, 135; 1931 NCL § 8010]

      NRS 539.107  Procedure for change of boundaries.

      1.  Whenever in the opinion of the board of

directors it is advisable to do so, the board is empowered to change the

boundaries of one or more divisions of the district in order to equalize more

nearly the number of electors in the respective divisions, but new lands shall

not be included within the district boundaries and lands within the district

boundaries and lands within the district shall not be excluded by such change

of boundaries, except as otherwise provided in this chapter.

      2.  A change of division boundaries shall

become effective when a certified copy of a resolution making such change,

attached to a copy of a map or plat of the district delineating the new

division boundary lines, both being certified as correct by the secretary of

the district, shall be filed in the office of the county recorder of the county

in which the division whose boundaries have been so changed is situated.

      [Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;

1927, 309; 1951, 55]

      NRS 539.110  Procedure for changing number of directors and divisions;

election required.

      1.  The number of directors and the number

of divisions of any district organized pursuant to the laws of this state must

not be altered or changed except upon:

      (a) A petition of not less than 51 percent of the

qualified electors of the district; or

      (b) A resolution adopted by the board of

directors.

      2.  The petition or resolution must

prescribe the number of divisions into which the district is proposed to be

divided and must be accompanied by a map showing the proposed new division

boundaries, which map must be a part of the petition or resolution and must be

presented to the board of directors of the district at any regular meeting.

      3.  At its next regular meeting following

the presentation of the petition or adoption of the resolution, the board of

directors shall prepare or cause to be prepared a map of the district showing

the proposed new division boundaries, which map must be placed on file in the

office of the district. At least two copies of the map must be posted in other

conspicuous places in the district where the maps are available for inspection

by all interested persons.

      4.  The board of directors shall submit the

question of altering or changing the number of divisions of the district in

accordance with the petition to the qualified electors of the district at the

next district election or primary or general state election. Notice of the

election must be given in the manner provided in NRS

539.125, and must include notice of the places where the map showing the

proposed new division boundaries may be inspected.

      5.  If the result of the election is in

favor of the changes in the number of divisions and division boundaries of the

district, the next biennial election of directors is governed by the altered

conditions established by the election and the terms of office of all the

directors then in office and who were elected or appointed before the altered

conditions expire on the second Monday following the biennial election. The new

directors then elected shall determine their respective tenures of office in

the manner designated in NRS 539.065.

      6.  No petition or resolution to change the

number of directors and divisions of a district may be received or considered

within a period of 4 years following the date of an election held pursuant to

this section.

      [8 1/2:64:1919; added 1931, 170; 1931 NCL §

8015.01]—(NRS A 1991,

1082; 1993,

1082)

      NRS 539.113  Procedure for election of directors.

      1.  Not later than 60 days before any

general election of the district, if a petition, signed by the qualified

electors of the district equal in number to 35 percent of the qualified

electors of the district, requesting that directors from each division of the

district be elected by the qualified electors of that division and not by the

qualified electors of the district as a whole, is filed with the board of

directors, the board shall place upon the ballot of the next district election

or primary or general state election the question of whether directors from

each division shall be elected by the electors of the division and not by the

electors of the district as a whole.

      2.  If a majority of the votes cast at the

election are in favor of electing directors from each division by the electors

from that division alone, thereafter the directors in the district must be

elected in that manner.

      [73:64:1919; added 1929, 286; NCL § 8091]—(NRS A 1993, 1083)

General Elections

      NRS 539.115  When regular elections of irrigation districts to be held.  The regular elections of irrigation districts

shall be held on the first Tuesday after the first Monday in April of the

second calendar year after the completion of the organization thereof, and on

the same day biennially thereafter, or as to districts organized prior to July

1, 1919, biennially after the first regular election therein.

      [Part 5:64:1919; A 1933, 271; 1931 NCL § 8012]

      NRS 539.117  When election need not be held; declaration of election of

candidates.  If there shall be no

contests for office, and no matters or propositions to be voted upon at any

such election, then such election shall not be held, and the duly qualified candidates

shall be deemed elected as of the date the election would otherwise have been

held, and the board of directors must declare on its records such candidates to

have been elected.

      [Part 5:64:1919; A 1933, 271; 1931 NCL § 8012]

      NRS 539.120  Declarations of candidacy; filing fees.

      1.  Nominations for the office of director

shall be made by filing a declaration with the secretary within 50 days before

the date of election and not later than 20 days before such election.

      2.  A candidate shall pay $25 filing fee

with such declaration.

      [Part 5:64:1919; A 1933, 271; 1931 NCL § 8012]

      NRS 539.123  Eligibility to vote; number of votes elector may cast; certain

persons and entities entitled to vote and exercise rights of electors; filing

of designations or written consents.

      1.  Any person 18 years of age or older,

whether a resident of the district or not, who is or has declared his or her

intention to become a citizen of the United States is an “elector” for the

purposes of this chapter and is entitled to vote at any election held pursuant

to this chapter if the following conditions as to ownership of land are met:

      (a) The elector must be the bona fide holder of

title or evidence of title, as defined in NRS 539.020

and 539.023, to land within the district or have a

contractual right to acquire title to land within the district upon payment of

a fixed sum to the record titleholder.

      (b) The holder of an undivided interest in land

is an elector and, if the interest of the holder is community property, the

holder’s spouse is an elector if the spouse appears of record as the owner of

an interest in the acreage. If two or more persons hold undivided or community

interests in land, one such person may vote upon presenting the written consent

of his or her fellow holders.

      (c) A surface water right must be appurtenant to

the acreage.

      2.  An elector is entitled to vote

according to the land which the elector owns outright, as follows:

      (a) Ten acres or less, one vote;

      (b) For each additional 10 acres or a part

thereof, up to and including 200 acres, one additional vote; and

      (c) For each additional 100 acres or a part

thereof above 200 acres, one additional vote.

Ê The district

shall issue a separate ballot for each vote which an elector is entitled to

cast.

      3.  If two or more persons hold undivided

or community interests in land, each is entitled to cast a percentage of the

respective votes otherwise allowed pursuant to subsection 2 that is equal to

his or her percentage interest in that land, except that, if pursuant to this

subsection those persons are entitled to a fractional interest in a vote, that

vote may only be cast by one of those persons upon presenting the written

consent of his or her fellow holders.

      4.  Any elector who resides outside the

district, who owns land in the district, and who is qualified to vote at

district elections shall be deemed a resident of that division and precinct of

the district in which the major portion of the elector’s lands are located, for

the purpose of determining the elector’s place of voting and qualifications for

holding office.

      5.  Any elector who resides within the

district boundaries shall be deemed a resident of the division in which he or

she actually resides, for the purpose of determining the elector’s

qualification for voting and holding office.

      6.  A guardian, executor, administrator or

trustee shall be deemed the holder of title or evidence of title, as prescribed

in NRS 539.020 and 539.023,

to the land in the State for which he or she is the guardian, executor,

administrator or trustee, and has the right to sign petitions, vote and do all

things that any elector may do pursuant to this chapter. If there is more than

one guardian, executor, administrator or trustee, they must designate one of

their number to sign petitions, vote and do the other things that an elector

may do pursuant to this chapter.

      7.  Corporations, partnerships or

limited-liability companies holding land in the district shall be deemed

persons entitled to exercise all the rights of natural persons, and the

president of such a corporation, the general partner of such a partnership, the

manager of such a limited-liability company, or any other person authorized in

writing by the president of the corporation, the general partner of the

partnership or the members of the limited-liability company, may sign any

petition authorized by this chapter, and register and cast the vote of the

corporation, partnership or limited-liability company at any election. If a

partnership has more than one general partner, the general partners must

designate one of their number to sign petitions, vote and do the other things

that an elector may do pursuant to this chapter. If a limited-liability

company:

      (a) Has more than one manager, the managers must

designate one of their number to sign petitions, vote and do the other things

that an elector may do pursuant to this chapter.

      (b) Does not have a manager, the members must

designate one of their number to sign petitions, vote and do the other things

that an elector may do pursuant to this chapter.

      8.  Designations or written consents for the

purposes of registration and voting as authorized pursuant to this section must

be filed with the district not later than 14 days before the election.

      [8:64:1919; A 1921, 118; 1925, 203; 1927, 309; NCL §

8015]—(NRS A 1967, 1214; 1979, 480; 1981, 516; 1989, 1173; 1991, 1083; 1997, 768, 1305)

      NRS 539.125  Notice of election: Contents; publication.  The secretary shall cause to be published a

notice specifying the time and place of the election held pursuant to NRS 539.113. The notice must be published in a

newspaper published in the county or one of the counties in which the district

is located not less than 15 days nor more than 22 days before the election. If

no newspaper is published in such a county, the notice must be published in a

newspaper which has a general circulation in the county or counties.

      [Part 6:64:1919; A 1921, 118; 1923, 289; 1927, 309;

1931, 75; 1935, 135; 1931 NCL § 8013]—(NRS A 1981, 582; 1993, 1083)

      NRS 539.127  Registration of electors required; reregistration.

      1.  No election for any purpose except for

organization shall be held in any irrigation district without registration.

      2.  If an elector is currently registered

on or registers after July 1, 1967, and remains eligible, the elector shall not

be required to reregister in order to vote at any succeeding election, but

before the elector shall be permitted to vote at such election, if the elector

shall not have reregistered therefor, the elector shall be required to take and

subscribe the registration oath before the board of election, on a form

provided by the district, as evidence of the elector’s continued eligibility.

      [Part 6:64:1919; A 1921, 118; 1923, 289; 1927, 309;

1931, 75; 1935, 135; 1931 NCL § 8013]—(NRS A 1967, 1215)

      NRS 539.130  Secretary is ex officio district registrar; appointment of field

registrars; duties.

      1.  The secretary is ex officio district

registrar of the district, and may, at least 4 weeks before any election,

appoint a field registrar in each election precinct. Each field registrar shall

register all electors within his or her precinct applying for registration, and

for this purpose the field registrar has the authority to demand of the elector

all information and to administer all oaths required by this chapter.

      2.  The registrar and field registrars are

governed in the performance of their duties by the general election laws of

this state as far as they are applicable, and must be at their places of

registration to receive applications for registration from 7 a.m. until 7 p.m.

on the Wednesday immediately preceding the close of registration pursuant to NRS 539.133.

      [Part 6:64:1919; A 1921, 118; 1923, 289; 1927, 309;

1931, 75; 1935, 135; 1931 NCL § 8013]—(NRS A 1993, 2202; 1995, 2794)

      NRS 539.133  Close of registration: Time.  Registration

of voters for any regular or special election must close 14 days before the

election.

      [Part 6:64:1919; A 1921, 118; 1923, 289; 1927, 309;

1931, 75; 1935, 135; 1931 NCL § 8013]—(NRS A 1991, 1084)

      NRS 539.135  Oath of individual registrant.  The

registrars shall require registrants to take the following oath in substance: I

am, or have declared my intention to become, a citizen of the United States, am

over the age of 18 years, and am, or properly represent, under the law in

pursuance of which this election is to be held, the bona fide holder of title

or evidence of title, as defined in the law, to ..... acres of land within the

boundaries of the ................ (name of district) and such holding is for

all purposes and not simply for this election or matters connected therewith.

      [Part 6:64:1919; A 1921, 118; 1923, 289; 1927, 309;

1931, 75; 1935, 135; 1931 NCL § 8013]—(NRS A 1991, 1084; 1997, 1307)

      NRS 539.137  Oath of registrants on behalf of entity that is not natural

person.  The registrar shall

require registrants on behalf of an entity that is not a natural person to take

the following oath, in substance: I am over the age of 18 years, and the (position

held) of (name of entity), or have been duly authorized in writing to register

on behalf of (name of entity); that the entity is organized under or has

qualified under the laws of Nevada to transact business therein and is the

holder of title or evidence of title to ..... acres of land within the

boundaries of the ................ (name of district).

      [Part 6:64:1919; A 1921, 118; 1923, 289; 1927, 309;

1931, 75; 1935, 135; 1931 NCL § 8013]—(NRS A 1991, 1085; 1997, 1307)

      NRS 539.140  Persons who may administer registration oath.

      1.  The registration oath may be taken

before the registrar or field registrars, any member of an election board, or

any person authorized by law to administer oaths.

      2.  All oaths taken before the election

board must be preserved by the election board and returned with the ballots.

      [Part 6:64:1919; A 1921, 118; 1923, 289; 1927, 309;

1931, 75; 1935, 135; 1931 NCL § 8013]—(NRS A 1985, 1222; 1993, 2202)

      NRS 539.143  Designation of registered voters in rosters and lists of

registered electors.  In all

rosters and lists of registered electors prepared for any election under this

chapter, the names of electors who have registered or reregistered for such

election shall be distinguished from the names of those who voted at the last

preceding district election but who have not so registered or reregistered, by

the letter “R” enclosed in parentheses placed before each of the names of the

former and the omission thereof in connection with the names of the latter.

      [Part 6:64:1919; A 1921, 118; 1923, 289; 1927, 309;

1931, 75; 1935, 135; 1931 NCL § 8013]—(NRS A 2007, 2625)

      NRS 539.145  Appointment of inspectors and clerks; designation of time and

place of election.

      1.  Before publishing a notice pursuant to NRS 539.125, the board of directors shall appoint

three qualified electors to act as inspectors of election in each election

precinct, and shall also appoint two clerks of election for each precinct.

      2.  If the board of directors fails to

appoint a board of election or the members appointed do not attend the opening

of the polls on the morning of election, the electors of the precinct present

at that hour may appoint the board or supply the place of absent members

thereof.

      3.  The board of directors shall, in its order

appointing the board of election, designate the hour and the place in each

precinct where the election will be held.

      [Part 6:64:1919; A 1921, 118; 1923, 289; 1927, 309;

1931, 75; 1935, 135; 1931 NCL § 8013]—(NRS A 1981, 582)

      NRS 539.147  Compensation of registrars and election officers.  Registrars and election officers may receive

such compensation for their services as the board of directors shall prescribe,

not exceeding the amount paid for similar services at general elections.

      [Part 7:64:1919; A 1921, 118; NCL § 8014]

      NRS 539.150  Election officers: Oath; vacancies.

      1.  Before opening the polls each inspector

and each clerk must take and subscribe to an oath to perform faithfully the

duties imposed upon him or her by law. Any elector of the precinct may

administer and certify such oath.

      2.  Vacancies occurring during the progress

of the election may be filled by the remaining inspector or inspectors, and any

inspector of election may administer and certify oaths.

      [Part 7:64:1919; A 1921, 118; NCL § 8014]

      NRS 539.153  Applicability of general election laws.  The

time of opening and closing the polls, the manner of conducting the election,

canvassing and announcing the result, the keeping of the tally list, the making

and certifying of the result, and the disposition of the ballots after election

shall be the same, as near as may be, as provided for elections under the

general election laws of this State.

      [Part 7:64:1919; A 1921, 118; NCL § 8014]

      NRS 539.155  Returns delivered to secretary; canvass by board of directors;

declaration of result.

      1.  The returns shall be delivered to the

secretary of the district. No list, tally paper or returns from any election

shall be set aside or rejected for want of form if they can be satisfactorily

understood.

      2.  The board of directors shall meet at

its usual place of meeting on or before the sixth working day after an election

to canvass the returns, and it shall proceed in the same manner and with like

effect, as near as may be, as the board of county commissioners in canvassing

the returns of general elections.

      3.  When the board of directors shall have

declared the result, the secretary shall make full entries in the secretary’s

record in like manner as is required of the county clerk in general elections.

      [Part 7:64:1919; A 1921, 118; NCL § 8014]—(NRS A 2007, 627)

      NRS 539.157  Declaration of candidates receiving highest number of votes;

certificates of election.

      1.  The board of directors must declare

elected the person or persons having the highest number of votes given for each

office.

      2.  The secretary shall immediately make

out and deliver to such person or persons a certificate of election, signed by

the secretary and authenticated with the seal of the board.

      [Part 7:64:1919; A 1921, 118; NCL § 8014]

Recall Elections

      NRS 539.160  Directors subject to recall from office.  Every director of an irrigation district

organized and existing under the laws of the State of Nevada shall be subject,

as provided in NRS 539.160 to 539.187, inclusive, to recall from office by the

qualified electors of the irrigation district from which the director was

elected.

      [1:186:1927; NCL § 8206]

      NRS 539.163  Petition for recall: Contents; required signatures; filing.

      1.  For the purpose of recalling any

director of an irrigation district there shall be first filed with the

secretary of the irrigation district from which such director was elected a petition

signed by qualified electors of such irrigation district equal in number to at

least 35 percent of the vote cast at the last preceding election held in and

for the district.

      2.  The petition shall also contain the

residence addresses of the signers, and shall set forth in not to exceed 200

words the reason why the recall is demanded.

      [2:186:1927; A 1933, 98; 1931 NCL § 8207]

      NRS 539.165  Petition for recall: Use of copies; verification.  The petition may consist of any number of

copies thereof, identical in form with the original, except for the signatures

and addresses of the residences of the signers. Every copy must be verified by

at least one of the signers thereof, who shall make oath, before any person

authorized by law to administer oaths, that the statements and signatures

contained in the petition are true.

      [Part 3:186:1927; NCL § 8208]—(NRS A 1985, 1222)

      NRS 539.167  Petition for recall: Director must hold office 6 months.  No petition for the recall of any director

shall be circulated or filed against any such director until the director has

actually held his or her office 6 months.

      [Part 8:186:1927; NCL § 8213]

      NRS 539.170  Special election: Call; when held.  Upon

the filing of the petition, the board of directors of the irrigation district

shall, not sooner than 10 days nor more than 20 days thereafter, issue a call

for a special election to be held within 20 days after the issuance of the call

therefor, in the irrigation district electing such director, to determine

whether the electors shall recall such director.

      [Part 3:186:1927; NCL § 8208]

      NRS 539.173  Vacancy filled if director resigns; continuance in office if

director does not resign.

      1.  If the director shall offer his or her

resignation within 5 days after the filing of the petition, the resignation

shall be accepted, and the vacancy thereby caused shall be filled in the manner

provided by law.

      2.  If the director does not resign, he or

she shall continue to perform the duties of the office until the result of the

special election is finally declared.

      [Part 3:186:1927; NCL § 8208]

      NRS 539.175  Removal of signature from recall petition: Procedure.  Any signer of a petition to recall a director

of a district may, at any time within 5 days after the filing of the petition

with the secretary of the irrigation district, have his or her name stricken

from the petition by filing a written request therefor with the secretary of

the district. His or her name shall thereupon not be considered as a signer of

the petition.

      [Part 3:186:1927; NCL § 8208]

      NRS 539.177  Nominating petitions for successors; filing.

      1.  Other candidates for the office may be

nominated to be voted for at the special election by petition, which petition

shall be signed by qualified electors of the district holding the election,

equal in number to 35 percent of the number of votes cast for the director

receiving the highest number of votes at the election next preceding.

      2.  The nominating petition shall be filed

with the secretary of the irrigation district at least 15 days prior to the

date of the special election.

      [9:186:1927; A 1933, 98; 1931 NCL § 8214] +

[10:186:1927; NCL § 8215]

      NRS 539.180  Recall ballots: Reasons for recall and answer thereto; form of

proposal; names of nominees.

      1.  Upon the ballot for the election there

shall be printed verbatim, as set forth in the recall petition, the reason for

demanding the recall of the director, and in not more than 200 words, if

furnished by the director, the director’s justification of his or her course in

office.

      2.  If there are no other candidates

nominated to be voted for at the special election, there shall be printed on

the ballot the name of the director sought to be recalled, the office which he

or she holds, and the words “For Recall” and “Against Recall.”

      3.  If there are other candidates nominated

for the office to be voted for at the special election, there shall be printed

upon the ballot the name of the director sought to be recalled, and the office

which he or she holds, and the name or names of such other candidates as may be

nominated to be voted for at the special election, and the words “For Recall”

and “Against Recall” shall be omitted.

      4.  In other respects the ballot shall

conform with the requirements of the general election laws of this state.

      [4:186:1927; NCL § 8209] + [5:186:1927; NCL § 8210]

      NRS 539.183  Result of recall election: Successor elected or vacancy in

office created.

      1.  If there are other candidates nominated

to be voted for at the special election, the candidate who receives the highest

number of votes at the special election shall be deemed elected for the

remainder of the term, whether it is the person against whom the recall petition

was filed or another.

      2.  If any director is recalled upon a

special election and the other candidates are not nominated to be voted for at

the special election, the vacancy thereby created shall be filled in the manner

provided by law.

      [6:186:1927; NCL § 8211] + [7:186:1927; NCL § 8212]

      NRS 539.185  Subsequent recall proceedings barred during director’s term

unless previous election expenses paid by petitioners.  After

one recall petition is filed and a special election held, no further recall

petition shall be filed against the same director during the term for which he

or she was elected, unless such further petitioners shall pay into the district

treasury, from which the expenses of the special election have been paid, the

whole amount paid out of the district treasury as expenses for the preceding

special election.

      [Part 8:186:1927; NCL § 8213]

      NRS 539.187  Applicability of general election laws to recall elections.  The general election laws of this state, so

far as applicable, shall apply to all elections held under NRS 539.160 to 539.187,

inclusive.

      [11:186:1927; NCL § 8216]

Miscellaneous Provisions

      NRS 539.188  Special election may be held upon unanimous vote of board of

directors.  For the purposes of NRS 539.237, 539.240, 539.243, 539.297, 539.380, 539.397, 539.410, 539.417, 539.433, 539.465, 539.545, 539.557, 539.577, 539.587 and 539.690, a special election may be held at any time

upon the unanimous vote of the board of directors of an irrigation district.

      (Added to NRS by 1993, 1081; A 1997, 1307)

      NRS 539.189  Notice of election for election for issuance of bonds or other

securities: Contents.  The notice

of election for any election held pursuant to this chapter which includes a

proposal for the issuance of any bonds or other securities must, in addition to

any other requirements of this chapter, contain an estimate of the annual cost

to operate, maintain and repair any buildings, structures or other facilities

or improvements to be constructed or acquired with the proceeds of the bonds or

other securities.

      (Added to NRS by 1993, 1419)

POWERS AND PURPOSES

General

      NRS 539.190  General powers of board of directors.  The

board of directors may:

      1.  Do any and every lawful act necessary

to be done in order to accomplish the things and purposes described in this

chapter, including exercising on behalf of the district the powers that are

conferred upon the board of directors of a water conservancy district pursuant

to NRS 541.140 and 541.145.

      2.  Manage and conduct the business and

affairs of the district.

      [Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;

1927, 309; 1951, 55]—(NRS A 1991, 1085)

      NRS 539.193  Agents and employees: Employment and appointment; duties;

compensation.  The board of

directors shall have power to employ and appoint such agents, officers and

employees, delegates to conventions, or other representatives in the interest

of the district as may be required, and prescribe their duties and

remunerations.

      [Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;

1927, 309; 1951, 55]

      NRS 539.195  Entry upon land to make surveys and locate works.  The board and its agents and employees shall

have the right to enter upon any land to make surveys, and may locate the

necessary irrigation and other works, and the lines of any canal or canals, and

the necessary branches for the same, on any lands which may be deemed best for

such location.

      [Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;

1927, 309; 1951, 55]

      NRS 539.197  Contracts.  The

board of directors shall have power to make and execute all necessary

contracts.

      [Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;

1927, 309; 1951, 55]

      NRS 539.200  Contracts of indemnity and guaranty.  The

board of directors of any district now or hereafter organized under the

provisions of this chapter shall have power to enter into contracts of

indemnity and guaranty, in such form as may be approved by the board, relating

to or connected with the performance of any contract or agreement which the

district shall be empowered to enter into under the provisions of this chapter

or any other law of this state.

      [10e:64:1919; added 1935, 135; 1931 NCL § 8021.01]

      NRS 539.201  Purchase of liability insurance.  An

irrigation district may purchase and maintain insurance or make other financial

arrangements on behalf of any person who is or was an officer of the irrigation

district specified in NRS 539.063 or an agent,

officer, employee, delegate or representative appointed or employed pursuant to

NRS 539.193 for any liability asserted against the

person and liability and expenses incurred by the person in his or her capacity

or arising out of his or her status as such an agent, officer, employee,

delegate or representative of the irrigation district.

      (Added to NRS by 2013, 487)

      NRS 539.203  Board of directors authorized to sue and to be sued.  The board is authorized and empowered to

institute, maintain and defend, in the name of the district, any and all

actions and proceedings, suits at law and in equity.

      [11:64:1919; 1919 RL p. 3274; NCL § 8022]

      NRS 539.205  Annual report to State Engineer; recommendations of State

Engineer.

      1.  At least as often as once a year after

the approval of the plans, the board of directors shall make a report to the

State Engineer of the progress of the work of the district and whether or not

the plan formulated under the provisions of this chapter is being successfully

carried out, and whether or not in the opinion of the board the funds available

will complete the proposed works.

      2.  Upon receipt of the report by the State

Engineer, the State Engineer shall make such suggestions and recommendations to

the board of directors as may be necessary to conserve the best interests of

the district.

      [50:64:1919; 1919 RL p. 3287; NCL § 8067]

Property

      NRS 539.207  Acquisition of property.  The

board of directors shall have the right to acquire, either by purchase,

condemnation or other legal means, all lands, rights and other property

necessary for the construction, use and supply, operation, maintenance, repair

and improvement of the works of the district, including canals and works

constructed and being constructed by private owners, lands for reservoirs for

the storage of water, and all other works and appurtenances, either within or

without the State of Nevada.

      [Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;

1927, 309; 1951, 55]

      NRS 539.210  Use of proceeds of bonds for acquisition.  In case of purchase of property the bonds of

the district provided for in this chapter may be used in payment of not less

than 90 percent of their par value and accrued interest.

      [Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;

1927, 309; 1951, 55]

      NRS 539.213  Lease of lands for community pasture.

      1.  The board of directors is empowered,

without calling an election therefor, to lease, in the name of the district,

lands, from the United States Government or any other person or corporation,

that are situate within or without the district for use by the water users of

the district as a community pasture, under such rules and regulations as the

board may prescribe. The board shall collect such fees from the owners of

livestock using such pasture as will cover the cost of such lease and

operation.

      2.  In any district whose irrigated acreage

is less than 50,000 acres, the leasing of lands for use as community pasture is

hereby declared to be a proprietary function of the district. The county

assessor of the county in which such lands are located shall assess the

leasehold interest of the district in such lands for taxation as other lands so

used are assessed, and the district shall pay to the ex officio tax receiver of

such county the taxes levied upon the interest so assessed, at the same times

as other taxes upon real estate are paid.

      3.  The board of directors shall apportion

the amount of taxes so required to be paid among the several users of the

community pasture, and collect from each his or her proportionate share in

addition to any other fees charged.

      [Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;

1927, 309; 1951, 55]—(NRS A 1967, 1125)

      NRS 539.215  Investigations and representations requisite to acquiring

control over governmental lands.  For

the purpose of acquiring control over government lands within the district, and

of complying with the provisions of c. 319, 39 Stat. 506, approved August 11,

1916, the board shall have power to make such investigation and base thereon

such representations and assurances to the Secretary of the Interior as may be

requisite.

      [Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;

1927, 309; 1951, 55]

      NRS 539.217  Conveyance or donation of lands acquired by district.

      1.  Any lands bought by an irrigation

district at a sale for the payment of delinquent taxes or lands otherwise

acquired by the district which are not required for the purposes of the district

may be donated to the State or conveyed to any purchaser upon such terms as the

board of directors, by unanimous vote, deems to be in the best interests of the

district.

      2.  If there is an adequate supply of water

available for the land upon which no assessment, tax, charge or toll is owed,

the board of directors may make any desired disposition of the water right

appurtenant to that land.

      [10f:64:1919; added 1939, 182; 1931 NCL §

8021.02]—(NRS A 1987,

93)

      NRS 539.220  Construction of works across watercourse, road, railway, conduit

or other property; restoration of crossed property.

      1.  The board of directors shall have the

power to construct the works of the district across any stream of water,

watercourse, street, avenue, highway, railway, canal, ditch or flume, in such

manner as to afford security for life and property; but the board shall restore

the same when so crossed or intersected to its former state as near as may be

or in a manner not unnecessarily impairing its usefulness.

      2.  If a railroad company or those in

control of the property, thing or franchise to be crossed cannot agree with the

board upon the amount to be paid, or upon the point or points or the manner of

crossing or intersecting, the same shall be ascertained and determined as

provided in this chapter in respect to the taking of land.

      [33:64:1919; 1919 RL p. 3282; NCL § 8046]

      NRS 539.223  Rights-of-way over state lands granted; duties of State Engineer

and Director of State Department of Conservation and Natural Resources.

      1.  The right-of-way is hereby given,

dedicated and set apart for the purpose of locating, constructing, operating

and maintaining irrigation or other works of a district, including reservoirs,

over, upon and through any of the lands which are now or which may hereafter be

the property of the State.

      2.  When such rights-of-way or reservoirs

are or will be occupied by a district for any of the purposes specified in this

chapter, the Director of the State Department of Conservation and Natural Resources

shall, upon receipt of a certificate to that effect from the State Engineer,

forthwith withdraw such lands from sale and issue his or her certificate and

notice to the district affected, stating in substance that such lands have been

and shall continue to be withdrawn from sale during the period such

rights-of-way or reservoirs shall remain in use and operation.

      [34:64:1919; A 1935, 135; 1931 NCL § 8047]—(NRS A

1957, 656)

      NRS 539.225  Eminent domain; rules of practice.

      1.  All irrigation districts organized

under the laws of the State of Nevada shall have the right of eminent domain

with the power by and through their boards of directors to cause to be

condemned and appropriated in the name of and for the use of such districts all

reservoirs, canals and works, with their appurtenances, constructed for the

irrigation or drainage of any lands within the district or for uses incidental

thereto, and all lands required therefor, and all lands and rights-of-way

required for the works constructed, or to be constructed, or which may be

acquired by the district, and all necessary appurtenances and other property

and rights necessary for the construction, operation, maintenance, repair and

improvement of the works.

      2.  Such districts shall have the right by

and through their boards of directors to acquire by purchase or other legal

means any or all of the property mentioned and referred to in this section.

      3.  In any action or proceedings for the

condemnation of any such property wherein an irrigation district is plaintiff,

such district, within 6 months after final judgment, shall pay the amount

awarded in the judgment, or the judgment will be annulled.

      4.  Except as otherwise provided in this

chapter the provisions of NRS, Nevada Rules of Appellate Procedure and Nevada

Rules of Civil Procedure relative to the right of eminent domain, civil actions

and new trials and appeals shall be applicable to and constitute the rules of

practice in condemnation proceedings by irrigation districts.

      [35:64:1919; 1919 RL p. 3283; NCL § 8048]

      NRS 539.227  Vested rights used in connection with mining or generation of

power not to be affected or taken.  Vested

interests in or to structures, works and property or water rights owned or used

in connection with mining or power development shall never be affected by or

taken under the provisions of this chapter, except that rights-of-way may be

acquired by the district over or across such works and property.

      [46:64:1919; 1919 RL p. 3285; NCL § 8062]

Water

      NRS 539.230  Appropriation and distribution; use by irrigation district

declared public use; place of use of water.

      1.  The board of directors may appropriate

or otherwise acquire water in accordance with the law, and also construct the

necessary dams, reservoirs and works for the collection, storage, conservation

and distribution of water for the district and for the drainage of the lands

thereof.

      2.  The collection, storage, conveyance,

distribution and use of water by or through the works of irrigation districts

organized before, on or after July 1, 1919, together with the rights-of-way for

canals and ditches, sites for reservoirs, electric power and transmission

lines, and all other works and property required to carry out fully the

provisions of this chapter, is hereby declared to be a public use.

      3.  The place of use of water appropriated

or otherwise acquired by an irrigation district may be within or outside the

boundaries of the district, may include all or any part of the lands within the

boundaries of the district and must be described in any application filed by

the district to appropriate or otherwise acquire the water. Water appropriated

or acquired by the district is appurtenant to and may be beneficially used and

applied to lands anywhere within the described place of use.

      [Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;

1927, 309; 1951, 55]—(NRS A 1991, 1085)

      NRS 539.233  Regulations for distribution and use of water; regulating and

measuring devices; distribution of regulations.

      1.  The board of directors shall have power

to establish bylaws, rules and regulations for the distribution and use of

water in the district, and to compel water users, at their expense, to install

measuring and regulating devices to effect and make a proper distribution of

water. If the user fails to install any such device when ordered, the district

may install the same and charge the actual cost thereof to the water user, and

such charge will be regarded and treated as a cost of distribution and

collected in the same manner from such water user.

      2.  The bylaws, rules and regulations shall

be printed in convenient form for distribution throughout the district.

      [Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;

1927, 309; 1951, 55]

      NRS 539.234  Petition for State Engineer to prescribe or clarify rules and

regulations relating to distribution and use of water within district.

      1.  An owner or an association of owners of

water rights located in an irrigation district may petition the State Engineer

to prescribe or clarify rules and regulations relating to the distribution and

use of water within the irrigation district. The State Engineer may prescribe

or clarify the rules and regulations addressed in the petition.

      2.  A person may seek judicial review of

any action taken by the State Engineer pursuant to subsection 1.

      (Added to NRS by 1995, 795)

      NRS 539.235  Distribution of water by division or district for appropriate

charge.  Water may be supplied by

contract, agreement or other legal matter by the district or by a division

thereof, when such division is created and authorized, to the United States of

America, or any department thereof, the State of Nevada, counties, cities,

towns, corporations, irrigation districts, individuals, associations or

partnerships, situated within or in the vicinity of the district, and an

appropriate charge, consideration or exchange made therefor, when such supply

is available or can be developed as an incident of or in connection with the

works of the district or the local undertakings of a division.

      [53:64:1919; A 1925, 137; NCL § 8071]

Electric Power

      NRS 539.237  Authority to generate, transmit, sell and acquire electric

power.

      1.  The board of directors may:

      (a) Generate, produce, transmit and sell electric

power or electrical energy in any form in furtherance of the purposes of this

chapter.

      (b) Acquire or contract for the delivery of

electric power and electric power or transmission lines.

      2.  In any irrigation district having a

reservoir or reservoirs for the storage of water with a capacity of less than

250,000 acre-feet, the board may not acquire or contract for the construction

or acquisition of electric power or transmission lines at a cost exceeding the

sum of $50,000 without first obtaining the approval of the electors of the

district at a special election, district election or primary or general state

election.

      3.  In any irrigation district having a

reservoir or reservoirs for the storage of water with a capacity of 250,000

acre-feet or more, the board may not acquire or contract for the construction

or acquisition of electric power or transmission lines at a cost exceeding the

sum of $100,000 without first obtaining the approval of the electors of the

district at a special election, district election or primary or general state

election.

      [Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;

1927, 309; 1951, 55]—(NRS A 1960, 49; 1983, 352; 1993, 1083)

      NRS 539.240  Election required for approval of certain contracts; notice;

ballots; limitation; judicial determination of validity.

      1.  Any proposal to enter into a contract

for the acquisition of electric power and transmission lines or to lease or

construct those lines:

      (a) Of any irrigation district having one or more

reservoirs for the storage of water with a single or combined capacity of less

than 250,000 acre-feet, where the cost of the proposed acquisition, lease or

construction exceeds $50,000; or

      (b) Of any irrigation district having one or more

reservoirs for the storage of water with a single or combined capacity of

250,000 acre-feet or more, where the cost of the proposed acquisition, lease or

construction exceeds $100,000,

Ê must be

voted upon at a special election, district election or primary or general state

election in the same manner as for the issuance of district bonds.

      2.  Notice of the election must contain, in

addition to the information required in the case of ordinary bond elections, a

statement of the maximum cost of the proposal, exclusive of penalties and

interest, together with a concise general statement and description of the

proposed acquisition or construction.

      3.  The ballots must contain a brief

statement of the general purpose for which the election is to be held, and the

maximum amount of the obligation to be assumed, with the words

“................ (Question)—Yes,” and “................ (Question)—No,” or

“................ (Question) and bonds—Yes,” and “............... (Question)

and bonds—No.”

      4.  If the proposal or the proposal and the

issuance of bonds therefor is approved at the election, the board may enter

into any contracts in connection with the proposal which it considers

necessary, expedient or desirable, including contracts for:

      (a) Construction of the power and transmission

lines;

      (b) The sale of the power;

      (c) The transmission of power;

      (d) The operation, maintenance or management of

the project; and

      (e) Financing the costs of the project approved

in the election as an alternative to or in addition to any bonds to be issued,

Ê but the sum

of the amounts which the district is obligated to pay pursuant to those

contracts, excluding payments out of the revenue of the project, and any bonds

issued must not exceed the amount of the bonds approved in the election and

interest thereon at a rate not exceeding 5 percent above the Index of Revenue

Bonds which was most recently published before the contract is executed, bids

are received or a negotiated offer is accepted.

      5.  The board of directors may submit any

such contract or proposed contract and bond issue, if any, to the district

court of the county where the office of the board is located, to determine the

validity thereof and the authority of the board to enter into the contract or

acquisition, and the authority for and the validity of the issuance and deposit

and transfer of the bonds in the same manner as for the judicial determination

of the validity of bonds, and with like effect.

      [35 1/2:64:1919; added 1923, 289; A 1927, 309; NCL §

8049]—(NRS A 1960, 50; 1983, 353; 1985, 2060; 1993, 1084)

      NRS 539.243  Election required for approval of lease of power plant or

transmission system owned or controlled by district.  No

contract for the leasing of any electric power plant or transmission system

owned or controlled by the district may be made or entered into by the board of

directors unless the contract is submitted to the qualified electors of the

district at a special election, district election or primary or general state

election and approved by a majority vote.

      [80:64:1919; added 1931, 170; 1931 NCL §

8097.01]—(NRS A 1993,

1085)

Drainage

      NRS 539.245  Authority of board of directors to provide for drainage.

      1.  To secure complete drainage of the

lands within any irrigation district, including field drainage and storm

drainage, the board of directors is vested with full power to widen, straighten

or deepen any watercourse or remove any obstruction or rubbish therefrom,

whether the watercourse is situated in, outside of or below the district, and,

when it is necessary, straighten or alter the natural watercourse by cutting a

new channel upon other lands.

      2.  The value of the lands to be occupied

by the new channel, and damages, if any, made by the work may be ascertained or

paid in the manner provided for the exercise of the right of eminent domain in

this state.

      3.  The expenses of the work provided for

in this section must be paid from money arising from assessments upon lands

within the district or in any lawful manner acquired.

      [Part 10a:64:1919; added 1923, 289; NCL § 8018]—(NRS

A 1991, 1085)

Bids

      NRS 539.255  Award of contract in case of emergency or necessity without

advertising for bids.  In case of

necessity, the board of directors, by unanimous vote of those present at any

regular or special meeting, may contract for the construction or repair of any

part of the system of works, and may, in the ordinary course of business,

purchase any necessary machinery or materials.

      [Part 30:64:1919; A 1921, 118; 1925, 203; 1927, 309;

NCL § 8043]—(NRS A 2009, 59)

      NRS 539.260  Direction and satisfaction of district engineer; approval by

board.  The work shall be done

under the direction and to the satisfaction of the engineer employed by the

district and approved by the board.

      [Part 30:64:1919; A 1921, 118; 1925, 203; 1927, 309;

NCL § 8043]

      NRS 539.263  Contract not to be let unless sufficient money in treasury or

payable in district’s bonds.  No

contract of any kind shall be let by the board of directors unless there is

sufficient money in the district treasury at the time such contract is let to

pay fully for the work or material so contracted for, or unless such contract

is made payable in bonds of the district as provided for in NRS 539.570 to 539.577,

inclusive.

      [Part 30:64:1919; A 1921, 118; 1925, 203; 1927, 309;

NCL § 8043]

      NRS 539.265  When bids may be dispensed with; use of construction fund.  On the petition of a majority of the electors of the

district, the board of directors may do any construction or repair of any part

of the work on behalf of the district without calling for bids, and the board

may use the construction fund therefor.

      [31:64:1919; 1919 RL p. 3282; NCL § 8044]—(NRS A

1967, 1241)

COOPERATION

General

      NRS 539.267  Performance of acts necessary to carry out enlarged powers.  The board of directors shall generally perform

all such acts as shall be necessary to carry out the enlarged powers enumerated

in NRS 539.270, 539.273

and 539.333.

      [Part 55:64:1919; 1919 RL p. 3288; NCL § 8073]

Cooperation With United States and State of Nevada

      NRS 539.270  General powers.  In

addition to the powers with which irrigation districts are or may be vested

under the laws of the State, irrigation districts shall have the following

powers:

      1.  To cooperate and contract with the

United States under the Federal Reclamation Act of June 17, 1902, and all acts

amendatory thereof or supplementary thereto, or any other Act of Congress

heretofore or hereafter enacted authorizing or permitting such cooperation.

      2.  To cooperate and contract with the

State of Nevada under any laws heretofore or hereafter enacted authorizing or

permitting such cooperation.

      [Part 54:64:1919; A 1923, 289; 1933, 271; 1931 NCL §

8072]

      NRS 539.273  Purposes of cooperation and contract.  The

cooperation and contract authorized by NRS 539.270

may be for any or all of the following purposes:

      1.  Construction of works, whether for

irrigation or drainage, or both.

      2.  Acquisition, purchase, extension,

operation or maintenance of constructed works.

      3.  Water supply.

      4.  Electric power and transmission lines.

      5.  Assumption as principal or guarantor of

indebtedness to the United States on account of district lands or for the

collection of moneys due the United States as fiscal agents or otherwise.

      [Part 54:64:1919; A 1923, 289; 1933, 271; 1931 NCL §

8072]

      NRS 539.275  Provisions includable in contract.  The

board of directors may enter into obligations or contracts with the United

States for the purposes designated in NRS 539.273,

and may provide therein:

      1.  For the delivery and distribution of

water to the lands of such district under the Acts of Congress specified in NRS 539.270 and the rules and regulations established

thereunder.

      2.  For the conveyance to the United

States, as partial consideration for the privileges obtained by the district

under the contract, of water rights or other property of the district.

      [Part 55:64:1919; 1919 RL p. 3288; NCL § 8073]

      NRS 539.277  Bonds: Transfer to or deposit with United States; payment of

interest and principal; rate of interest; call for repayment.

      1.  When a contract has been or may

hereafter be made with the United States, bonds of the district may be

transferred to or deposited with the United States, if so provided by the

contract and authorized as set forth in this chapter, at not less than 95

percent of their par value at the amount or any part thereof to be paid by the

district to the United States.

      2.  The interest on or principal of the

bonds, or both, must be raised by assessment and levy as prescribed in this

chapter and be regularly paid to the United States and applied as provided in

the contract.

      3.  Bonds transferred to or deposited with

the United States may call for the payment of that interest, which must not

exceed by more than 5 percent the Index of Revenue Bonds which was most

recently published before the bids are received or a negotiated offer is

accepted, may be of such denomination, and may call for the repayment of the

principal at such times as may be agreed upon between the board and the

Secretary of the Interior.

      [Part 55:64:1919; 1919 RL p. 3288; NCL § 8073]—(NRS A

1971, 2126; 1975, 875; 1981, 1418; 1983, 586; 1985, 2061)

      NRS 539.280  Payment in installments; rate of interest; assessment and levy;

lien.

      1.  The contract with the United States may

also call for the payment of the amount or any part thereof to be paid by the

district to the United States at such times and in such installments and with

such interest charges, which must not exceed by more than 5 percent the Index

of Revenue Bonds which is in effect at the time the agreement is made, as may

be agreed upon, and for assessment and levy therefor as provided in this

chapter.

      2.  The obligations of those contracts are

a prior lien to any subsequent bond issue.

      [Part 55:64:1919; 1919 RL p. 3288; NCL § 8073]—(NRS A

1971, 2127; 1975, 875; 1981, 1418; 1983, 586; 1985, 2062)

      NRS 539.283  Distribution and apportionment of water; refusal of service to

delinquent land; assessment to maintain existing works.

      1.  All water delivered to the district or

the right to the use of which is acquired by the district, under any contract

with the United States, shall be distributed and apportioned by the district in

accordance with the Acts of Congress applicable thereto, the rules and

regulations of the Secretary of the Interior thereunder, and the provisions of

the contract. Provision may be made in the contract between the district and

the United States for the refusal of water service to any or all lands which

may become delinquent in the payment of any assessment, toll or charge levied

or imposed for the purpose of carrying out any contract between the district

and the United States.

      2.  In case of a contract with the United

States under which the district assumes the operation and maintenance of the

existing works, assessments, tolls and charges may be levied or imposed by the

board of directors, as provided in this chapter, to raise the sums required

annually therefor, including amounts due the United States under the contract.

      [57:64:1919; 1919 RL p. 3289; NCL § 8075]

      NRS 539.285  Rent or lease of water.  Districts

cooperating with the United States may rent or lease water to private lands,

entrymen or municipalities in the neighborhood of the district in pursuance of

the contract with the United States.

      [Part 55:64:1919; 1919 RL p. 3288; NCL § 8073]

      NRS 539.287  Dissolution of district or change of boundaries: Consent of

Secretary of Interior; excluded areas free from liens and charges.

      1.  When a contract shall have been entered

into and is in force and effect between the United States and any irrigation

district, the district shall not be dissolved, nor shall the boundaries be

changed, except upon written consent of the Secretary of the Interior, filed

with the official records of the district.

      2.  If such consent is given and lands are

excluded, the areas excluded shall be free from all liens and charges for

payments to become due to the United States.

      [Part 62:64:1919; 1919 RL p. 3291; NCL § 8080]

      NRS 539.290  Collection of money or action as fiscal agent of United States:

Acceptance of appointment; duties, liabilities and powers of district.  The board of directors may accept on behalf of

the district an appointment of the district as fiscal agent of the United

States, or authorization of the district by the United States to make

collection of moneys for or on behalf of the United States in connection with

any federal reclamation project, whereupon the district shall be authorized so

to act and to assume the duties and liabilities incident to such action. The

board shall have full power to do any and all things required by the federal

statutes now or hereafter enacted in connection therewith, and all things

required by the rules and regulations now or that may hereafter be established

by any department of the Federal Government in regard thereto.

      [Part 55:64:1919; 1919 RL p. 3288; NCL § 8073]

      NRS 539.293  Additional bonds of district officers: When required; inspection

of district books by federal agents.

      1.  In any case where an irrigation

district is appointed fiscal agent of the United States in connection with any

federal reclamation project, or by the United States, or under a contract

therewith is authorized or required to make collection of moneys on behalf of

the United States, or for payments due the United States under any such

contract, each director of the district, and the secretary and the treasurer

thereof, shall execute a further and additional bond in such sum as the

Secretary of the Interior may require, conditioned for the faithful discharge

of the duties of his or her office, or as fiscal or other agent of the United

States, or both.

      2.  Any such bonds may be sued upon by the

United States or any person injured by the failure of such officer or officers

of the district to perform fully, promptly or completely their respective

duties.

      3.  This requirement shall apply to the

directors of a division and, insofar as applicable, to the officers of a

district acting in that relation, in case of a contract between the United

States and such division.

      4.  In all cases of contracts with the

United States as described above, the board of directors of the district, or of

a division thereof, and the secretary and treasurer of a district, shall at any

time allow any officer or employee of the United States, when acting under the

order of the Secretary of the Interior, to have access to all books, records

and documents which are in the possession or control of such officers.

      [65:64:1919; 1919 RL p. 3293; NCL § 8083]

      NRS 539.295  Conveyance of property to United States.  Any rights-of-way or other property owned or

acquired by the district may be conveyed by the board to the United States

insofar as the same may be needed for the construction, operation and

maintenance of works by the United States pursuant to this chapter.

      [58:64:1919; 1919 RL p. 3290; NCL § 8076]

      NRS 539.297  Authorization of proposal to enter into contract.  Any proposal to enter into a contract with the

United States for the repayment of money for construction, the cost of a water

supply, the operation and maintenance of existing works, or the acquisition of

property, and to issue bonds if any are proposed, must be voted upon at a

special election, district election or primary or general state election in the

manner provided in the case of the ordinary issuance of district bonds.

      [Part 56:64:1919; 1919 RL p. 3289; NCL § 8074]—(NRS A

1993, 1085)

      NRS 539.300  Notice of election: Contents.  Notice

of the election provided for in NRS 539.297 shall

contain, in addition to the information required in the case of an ordinary

bond election:

      1.  A statement of the maximum amount of

money to be payable to the United States for construction purposes, costs of

water supply and acquisition of property, exclusive of penalties and interest.

      2.  A general statement of the property, if

any, to be conveyed by the district as provided in this chapter.

      [Part 56:64:1919; 1919 RL p. 3289; NCL § 8074]

      NRS 539.303  Ballots: Form.  The

ballots at the election shall contain a brief statement of the general purpose

of the contract and the amount of the obligation to be assumed, with the words

“Contract—Yes,” and “Contract—No,” or “Contract and bonds—Yes,” and “Contract

and bonds—No,” as the case may be.

      [Part 56:64:1919; 1919 RL p. 3289; NCL § 8074]

      NRS 539.305  Validation proceedings.  The

board of directors may submit any contract or proposed contract and bond issue

to the district court of the county wherein is located the office of the board

to determine the validity thereof and the authority of the board to enter into

such contract, and the authority for and the validity of the issuance and

deposit or transfer of the bonds. The same proceedings shall be had as in the

ordinary case of the judicial determination of the validity of bonds and with

like effect.

      [Part 56:64:1919; 1919 RL p. 3289; NCL § 8074]

      NRS 539.307  Directors relieved of certain duties; adoption of surveys and

plans made by United States.  The

board of directors of a district is relieved from the duties imposed upon it in

NRS 539.255, 539.260, 539.263 and 539.540 to 539.557, inclusive, insofar as the same may not be

required in case of a contract between the district and the United States, and

in that relation may take advantage of or adopt such surveys and plans as may

have been or be made by the United States.

      [Part 62:64:1919; 1919 RL p. 3291; NCL § 8080]—(NRS A

1967, 1241)

      NRS 539.310  Payments from revenue derived from annual assessments upon real

property; property liable to assessment and levy.  All

payments due or to become due to the United States under any contract between

the district and the United States, including such payments of interest and

principal on bonds as may be required in connection with a deposit or transfer

thereof to the United States, shall be paid, unless otherwise provided by

contract, by revenue derived from annual assessments apportioned as prescribed

in this chapter, and levies thereof upon such real property within the district

as may be assessable for district purposes under the laws of the State or by

tolls and charges, as the case may be. Such real property shall be and remain

liable to be assessed and levied upon for such payments.

      [Part 59:64:1919; A 1927, 309; NCL § 8077]

      NRS 539.313  Annual levy or imposition of tolls or charges to meet payments.  The board of directors annually shall levy an

assessment or impose and cause to be collected tolls or charges sufficient to

raise the money necessary to meet all payments when due as provided in the

contract.

      [Part 59:64:1919; A 1927, 309; NCL § 8077]

      NRS 539.315  Apportionment of assessment in accordance with benefits;

ascertainment of benefits.

      1.  The assessment required in any year to

meet the payment due to the United States under the contract may be in accord

with an apportionment of benefits made in or in pursuance of such contract.

      2.  In the ascertainment of such benefits

there shall be taken into account:

      (a) The provisions of the contract between the

United States and the district, the federal laws applicable thereto, and the

notice and regulations issued in pursuance of those laws.

      (b) In addition, in case such contract is for the

assumption by the district as principal or guarantor of indebtedness to the

United States theretofore existing on account of district lands, the provisions

of existing contracts carrying such indebtedness and the amounts of such liens

as may be released in pursuance of the contract between the United States and

the district.

      [61:64:1919; 1919 RL p. 3291; NCL § 8079]

      NRS 539.317  Assessment of federal public land.  Public

lands of the United States within any district shall be subject to assessment

for all purposes of this chapter to the extent provided for by the Act of

Congress approved August 11, 1916, entitled “An Act to promote reclamation of

arid lands,” or any other law which may hereafter be enacted by Congress in the

same relation, upon full compliance therewith by the district.

      [Part 59:64:1919; A 1927, 309; NCL § 8077]

      NRS 539.320  Obligation of district in case of default of land.  Nothing contained in this chapter shall be

construed to relieve the district from its obligation to pay as a district in

case of the default of any land, unless so provided by the contract between the

district and the United States.

      [Part 59:64:1919; A 1927, 309; NCL § 8077]

      NRS 539.323  Money paid to district treasury and held in United States

Contract Fund; disposition of surplus.

      1.  All moneys collected in pursuance of

the contract by assessment and levies or otherwise, and to be paid to the United

States, shall be paid into the district treasury and held in a fund to be known

as the United States Contract Fund, to be used for payments due to the United

States under any such contract.

      2.  Any surplus moneys that may remain in

the United States Contract Fund after any annual or semiannual payment due the

United States under the terms of the contract has been fully paid may be

transferred to the operation and maintenance fund.

      [Part 59:64:1919; A 1927, 309; NCL § 8077]

      NRS 539.325  Contracts for release of mortgages or liens; assumption by

district of indebtedness due United States; apportionment of benefits;

collection and payment of taxes and assessments.

      1.  The board of directors may also provide

by contract with the United States for the release of mortgages or liens given

or reserved to the United States upon district lands, and may provide for the

assumption by the district, either as principal or guarantor, of indebtedness

to the United States on account of district lands, and apportion to each tract

of land so released benefits in the amount of the obligations to the United

States so provided to be released.

      2.  The contract between the district and

the United States may provide for the collection and payment of indebtedness so

incurred or assumed by the district and the tax or assessment for the same at

the same times and in the same amounts or installments provided in the federal

reclamation laws. If so provided in the contract, such taxes and assessments

shall become delinquent at the same dates provided in the Act of Congress of

August 13, 1914, being c. 247, 38 Stat. 686, known as the Reclamation Extension

Act. If it is provided in the contract that the United States waives any

penalties for delinquency other or greater than those named in the Reclamation

Extension Act, then, instead of the penalties otherwise provided in state laws,

the penalties for delinquency in the payment of that part of the tax

representing the special assessment for payment of the obligations of the

district to the United States shall be the penalties named in the Reclamation

Extension Act, and the amount required to be paid in case of any redemption

from any tax sale or tax judgment shall be determined by figuring the part

thereof due to the United States upon the basis of the amount of such special

assessment levied for the purpose of paying the United States plus the

penalties named in the Reclamation Extension Act.

      3.  The board shall have full power to do

any and all things required by the federal statutes now or hereafter enacted in

connection therewith, and all things required by the rules and regulations now

or that may hereafter be established by any department of the Federal

Government in regard thereto.

      [60:64:1919; 1919 RL p. 3290; NCL § 8078]

      NRS 539.327  Exclusion of district division outside scope of contract.  When an irrigation district comprises lands

which are or may be served by works constructed by the United States, and a

contract is proposed to be entered into with the United States for the

operation and maintenance by the district of the existing works, or for the

construction of a drainage system or other extension or improvement of such

works, and the lands in a division of the district may be regarded as clearly

outside the scope of such contract, the election thereon and for the

authorization of the program or undertaking contemplated thereby may be

confined to the remaining portion of the district exclusive of such division,

and the apportionment of the benefits may be made accordingly. Otherwise, the

proceedings in connection with such contract and the program or undertaking

contemplated thereby shall be as provided in this chapter.

      [64:64:1919; 1919 RL p. 3292; NCL § 8082]

      NRS 539.330  Contracts of district divisions with United States.  Divisions of a district may contract with the

United States in the manner provided in NRS 539.405

to 539.420, inclusive.

      [Part 63:64:1919; 1919 RL p. 3291; NCL § 8081]

Cooperation With Counties

      NRS 539.333  General power; purposes.

      1.  In addition to the powers with which

irrigation districts are or may be vested under the laws of the State,

irrigation districts shall have the power to cooperate and contract with the

county or counties in which any of the lands of the district may be situated

for the following purposes:

      (a) Acquisition of lands within the district

purchased by the county at delinquent tax sales.

      (b) Recovering for the district its proportion of

delinquent taxes from the proceeds of the sale of such lands by the county.

      (c) Adjustment of all matters growing out of the

sales of lands within the district on account of delinquent taxes.

      2.  The proper county officials are also so

authorized to contract.

      [Part 54:64:1919; A 1923, 289; 1933, 271; 1931 NCL §

8072]

Cooperation With Other Districts

      NRS 539.335  Authority to enter into agreements with districts in adjoining

states.  It shall be lawful for

irrigation districts organized or existing under or by virtue of the laws of

the State of Nevada to enter into agreements with contiguous adjoining

irrigation districts in other states for the joint construction, acquisition,

management and control of diverting, impounding or distributing works for the

irrigation or drainage of the lands within the boundaries of their respective

districts.

      [1:188:1919; 1919 RL p. 3307; NCL § 8232]

      NRS 539.337  Written contracts or resolutions.  Such

agreements may be evidenced by written contracts executed on behalf of the

board of directors or trustees of each respective district or by resolutions

entered upon their respective minutes.

      [Part 2:188:1919; 1919 RL p. 3307; NCL § 8233]

      NRS 539.340  Recordation of contracts and resolutions.  Such contracts or certified copies thereof and

certified copies of such resolutions shall be recorded in the office of the

county recorder in each county in which is situated any of the lands of the

districts or any of the reservoir sites or other real property owned by the

districts or acquired under the provisions of NRS

539.335 to 539.353, inclusive.

      [Part 2:188:1919; 1919 RL p. 3307; NCL § 8233]

      NRS 539.343  Provisions as to ownership of property.  Such

agreements may provide for joint or several ownership or ownership in common of

the property necessary or convenient for the purposes of NRS

539.335 to 539.353, inclusive, and may provide

for the terms and conditions under which, or the respective proportions in

which, such property shall be held.

      [Part 3:188:1919; 1919 RL p. 3308; NCL § 8234]

      NRS 539.345  Trial of disputes and enforcement of rights.  Any rights or disputes arising out of or from

the agreements may be tried before and enforced by any court of competent

jurisdiction in this state.

      [Part 3:188:1919; 1919 RL p. 3308; NCL § 8234]

      NRS 539.347  Meeting in adjoining state valid.  Any

meeting of the board of directors of any such district, held in conjunction

with the board of directors of the cooperating district, in the office of such

district in the adjoining state, if duly and regularly called as required by

law or if regularly adjourned to, shall be as lawful and valid as if held at

the office of the board of directors of such district in this state.

      [4:188:1919; 1919 RL p. 3308; NCL § 8235]

      NRS 539.350  Diversion of water.  It

shall be lawful for the purposes of such cooperative action to divert water

from this state for impounding in the adjoining state or otherwise for

distribution to the lands of the cooperating districts, regardless of the state

in which such lands are situated, or to divert water from such adjoining state

for impounding or otherwise for distribution to the lands of such cooperating

districts in this or the adjoining state.

      [5:188:1919; 1919 RL p. 3308; NCL § 8236]

      NRS 539.353  Holding of property in this state or in adjoining state.  So far as may be necessary for fully carrying

out the purposes of NRS 539.335 to 539.353, inclusive, such cooperating district in the

adjoining state may hold title to property in this state, and such cooperating

district in this state may hold title to property in the adjoining state.

      [6:188:1919; 1919 RL p. 3308; NCL § 8237]

Privileges of Districts of Adjoining States

      NRS 539.355  Foreign irrigation district authorized to acquire land by

purchase or condemnation; conditions.  Any

irrigation district heretofore organized and existing under the laws of any

state adjoining the State of Nevada, which is now qualified to do business in

the State of Nevada as a foreign corporation in the manner provided by law for

the qualification of foreign corporations doing business within the State of

Nevada, and when the irrigation district is now the owner of lands within the

State of Nevada, such lands being now used for reservoir purposes, may and

hereby is authorized to acquire title to any land within the State of Nevada by

purchase or condemnation necessary or required for dams, ditches, reservoirs

and other works for the diversion, conveyance or storage of water which lies

within any watershed from which the irrigation district obtains its water

supply for the irrigation and development of lands within the boundaries of the

irrigation district in the adjoining state.

      [1:180:1941; 1931 NCL § 8258]

      NRS 539.357  Use of land declared public use.  The

use of any land and the necessity therefor within the State of Nevada for

either, any or all of the purposes specified in NRS

539.355 and 539.360 is hereby declared to be a

public use.

      [2:180:1941; 1931 NCL § 8258.01]

      NRS 539.360  Provisions applicable if reciprocal rights granted.  The provisions of NRS

539.355 and 539.357 shall apply to irrigation

districts organized and existing under the laws of an adjoining state only when

such adjoining state grants like rights and privileges in that state to

irrigation districts organized and existing under the laws of the State of

Nevada.

      [3:180:1941; 1931 NCL § 8258.02]

DIVISIONS IN IRRIGATION DISTRICTS

Improvements

      NRS 539.363  Power of division to construct improvements.  Any one of the several divisions of a district

may provide for the construction of local drains, laterals, electric power and

electric transmission lines, or for the leasing and acquisition of electric

power and electric transmission lines, or for a domestic water supply, or may

contract for the delivery of electricity, or other improvements, or the

replacement or extension of existing works or structures, the benefits of which

are limited to such division, in the manner provided in NRS

539.363 to 539.403, inclusive.

      [Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]

      NRS 539.365  Petition to district directors: Contents; appointment of local

board.  Upon presentation to the

board of directors of the district of a petition, signed by a majority of the

electors of such division representing at least one-half of the total acreage

thereof, describing in a general way the local matters proposed to be

undertaken, and the estimated cost of preliminary surveys and engineering data,

and naming two electors of such division for local directors thereof, the board

of directors of the district shall consider such petition at a regular meeting,

and, if it finds that the law has been complied with, shall approve the same

and appoint the electors named in the petition as members of the local board.

      [Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]

      NRS 539.367  Local board: Composition; terms of office; vacancies.

      1.  One local director shall hold office

until his or her successor is elected at the next biennial district election

and qualifies, and the other local director shall hold office until his or her

successor is elected at the second biennial district election after his or her

appointment and qualifies.

      2.  The terms of such local directors shall

be determined by lot, and their successors shall be elected for 4-year terms at

the biennial elections.

      3.  The two local directors, with the

director of the district from the division, shall constitute the local board of

such division.

      4.  The directors of the district shall

fill any vacancy in the office of local director of a division by the

appointment of a qualified elector from the division in which the vacancy

occurs.

      [Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]

      NRS 539.370  Compensation of local directors.  Each

member of the local board of a division shall receive $5 per day for each day

in attending meetings of the board, or while engaged in official business under

the order of the board.

      [Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]

      NRS 539.373  Powers of local board concerning improvements.  The local board may provide for the local

undertakings named in NRS 539.363, being authorized

for that purpose, insofar as applicable, to exercise the powers and perform the

duties granted to or imposed upon the board of directors of the district in

connection with its affairs.

      [Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]

      NRS 539.375  Board of directors of district may incur debts and issue

warrants; limitations; assessments.

      1.  The board of directors of the district

may:

      (a) Incur an indebtedness not exceeding, in the

aggregate, the sum of $15,000, and not exceeding the estimated cost of

preliminary surveys and engineering data; and

      (b) Cause warrants of the district to issue

therefor, bearing interest at a rate which does not exceed by more than 5

percent the Index of Revenue Bonds which was most recently published before the

bids are received or a negotiated offer is accepted.

      2.  The directors of the district may levy

an assessment on all the lands in a division benefited by the proposed

improvements, in addition to any assessment by the district on the lands within

the division, for the payment of the expenses and the redemption of the

warrants.

      [Part 49:64:1919; A 1921, 118; 1923, 289; 1951,

438]—(NRS A 1971, 2127; 1975, 875; 1981, 1418; 1983, 586; 1985, 2062)

      NRS 539.377  Plans and estimates of local undertakings: Preparation;

statement of source of money; statement of purposes.  The

local board shall thereupon prepare plans and estimates of the local

undertakings proposed to be accomplished by such division, stating therein

whether the funds therefor are to be raised by a single special assessment not

in excess of a stated amount per acre upon the lands benefited, or whether the

board is to be authorized to secure the necessary amounts by way of

certificates of indebtedness or notes redeemable by annual assessments upon the

lands benefited extending over a period of years. If the latter method is to be

used, a general statement of the purposes for which the money is to be raised

may be substituted for more explicit plans and estimates.

      [Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]

      NRS 539.380  Filing of plans and estimates or statement with district

secretary; request for election.  The

plans and estimates or statement must be filed with the secretary of the

district, accompanied by a request of the local board that the question of

whether to authorize the proposed special assessment or assessments and the

construction of the proposed works be submitted to the electors of the division

at a special election or the next district election or primary or general state

election.

      [Part 49:64:1919; A 1921, 118; 1923, 289; 1951,

438]—(NRS A 1993,

1085)

      NRS 539.383  Notice of election: Contents; publication.

      1.  The secretary of the district shall

give notice of the purpose, time and place of such election, naming the polling

place and inspectors and clerks of the election suggested by the local board.

      2.  The notice shall be published in the

manner provided in this chapter for an election for special assessments in the

district.

      [Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]

      NRS 539.385  Conduct of election.  The

election shall be held, as near as may be, as provided in this chapter for an

election for special assessments in the district.

      [Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]

      NRS 539.387  Terms of local directors terminate and local board dissolved if

proposal fails.  If such election

fails of the required two-thirds vote of the electors of the division, the

terms of office of the local directors shall thereupon terminate and the local

board shall be dissolved.

      [Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]

      NRS 539.390  Authorization for improvements at election; levy and collection

of assessments.  If the special

assessment or certificates or notes of indebtedness and construction of the

proposed works are authorized at the election, the local board shall levy such

assessments or, as the case may be, shall proceed to the levying of annual

assessments for the payment of interest and the redemption of certificates of

indebtedness or notes. A list of such assessments or the first annual

assessment, if to be made that year, shall be delivered to the treasurer of the

district and entered by the treasurer in the assessment book or books thereof,

and such assessment or assessments, and the collection thereof, shall

thereafter take the course of assessments of the district as provided in this

chapter.

      [Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]

      NRS 539.393  Certificates of indebtedness and notes: Signatures of officers

of district; treated as bonds of district.  Certificates

of indebtedness or notes shall be signed by the officers of the district and,

except in the matter of assessments for interest and redemption being limited

to the division, shall be treated in the same manner as district bonds.

      [Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]

      NRS 539.395  Apportionment of benefits; method of levy and collection of

assessments.  Benefits shall be

apportioned upon the land within such division and assessments levied and

collected for the payment of the interest and redemption of certificates of

indebtedness or notes in the manner prescribed in the case of district bonds.

      [Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]

      NRS 539.397  Validation proceedings.  All

the proceedings described in NRS 539.363 to 539.395, inclusive, relating to the local undertakings

of a division, including apportionment of benefits for undertakings authorized

at a special election, district election or primary or general state election,

may be confirmed in court as a part of the confirmation proceedings or upon

petition of the board of directors of the division.

      [Part 49:64:1919; A 1921, 118; 1923, 289; 1951,

438]—(NRS A 1993,

1085)

      NRS 539.400  Full payment of local undertakings; termination of terms of

local directors; disposition of remaining money.  When

the local undertakings provided for in NRS 539.363

to 539.395, inclusive, are accomplished and paid

for, a showing to that effect shall be made to the board of directors of the

district, and upon the approval thereof by such board the terms of office of

the local directors shall terminate, and any moneys of such division in the

district treasury shall be appropriately credited to the lands of the division

in connection with future assessments against such lands.

      [Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]

      NRS 539.403  Local improvements affecting two or more divisions:

Applicability of NRS 539.363 to 539.403,

inclusive.  If such local

improvements affect two or more divisions of a district, less than all, then

all of the provisions of NRS 539.363 to 539.403, inclusive, shall be applicable to the

divisions affected; but if such improvements only affect two divisions, the

local board shall consist of the directors of the district from the divisions

affected and one other to be appointed by the directors of the district from

the divisions affected by such improvements. If such local improvements affect

three or more divisions, then the powers provided in NRS

539.363 to 539.403, inclusive, to be exercised

by a local board shall be exercised by the directors of the district.

      [Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]

Cooperation and Contracts With United States

      NRS 539.405  Petition for creation of local board.  When

an irrigation district comprises lands which are served by works constructed by

the United States and the portion of such works situated in a division of the

district may be regarded as a separate unit of the larger system for operation

and maintenance purposes, or when local drains, laterals or other improvements

may be provided as additions to such works and constitute benefits limited to

such division, or when the replacement or extension of such works or some part

thereof would constitute benefits limited to such division, a petition signed

by the requisite number of electors of such division may be presented to the

board of directors of the district and a local board of directors of such

division created as provided in this chapter.

      [Part 63:64:1919; 1919 RL p. 3291; NCL § 8081]

      NRS 539.407  Powers of local board.  Subject

to the limitations contained in NRS 539.410, the

local board of directors shall have the power to contract with the United

States for the operation of the existing system described in NRS 539.405, or for the construction either by such

division or by the United States of local drains, laterals or other

improvements and for the operation and maintenance thereof, or for the

replacement or extension of existing works or structures and for the operation

and maintenance thereof or any separate part of the same.

      [Part 63:64:1919; 1919 RL p. 3291; NCL § 8081]

      NRS 539.410  Election required for approval to enter contract and levy

assessment.  The local board of

directors shall submit to the electors of the division at a special election,

district election or primary or general state election the contract for

approval and for authorization to levy an assessment or assessments, as

provided in this chapter, to secure the money required to carry out the

contract, including the amounts that will be due the United States thereunder

and that will be required for the construction of the proposed local drains,

laterals or other improvements, or for the replacement and extension of

existing works or structures.

      [Part 63:64:1919; 1919 RL p. 3291; NCL § 8081]—(NRS A

1993, 1085)

      NRS 539.413  Applicability of laws relating to contracts between districts

and United States.  The provisions

of this chapter relating to cooperation between a district and the United

States, including those relating to the distribution and apportionment of water

and the apportionment of benefits, shall apply in case of a contract between

the United States and a division of a district insofar as applicable.

      [Part 63:64:1919; 1919 RL p. 3291; NCL § 8081]

      NRS 539.415  Validation proceedings.  The

execution of a contract with the United States and all proceedings ancillary

thereto may be confirmed in court as a part of the confirmation proceedings

instituted by the district, or upon petition by the board of directors of the

division.

      [Part 63:64:1919; 1919 RL p. 3291; NCL § 8081]

      NRS 539.417  Assumption of operation and maintenance of existing works only;

power of local board to levy assessments and impose tolls and charges.  Where it is proposed that a division assume

only the operation and maintenance of the existing works, the contract for the

operation and maintenance of the existing works must be submitted to the

electors of the division for approval at a special election or the next

district election or primary or general state election. The local board of

directors, after the contract is made in pursuance of the authority granted in

the election, may levy assessments or impose tolls and charges annually or

otherwise to raise the amounts necessary to carry out the contract and to

operate and maintain the works, including amounts to be paid to the United

States pursuant to the contract, in the same manner and to the same effect as

may be done by the board of directors of the district under the provisions of this

chapter.

      [Part 63:64:1919; 1919 RL p. 3291; NCL § 8081]—(NRS A

1993, 1086)

      NRS 539.420  Construction, replacement or extension of works: Power of local

board to levy assessments and impose tolls and charges.

      1.  Where local drains, laterals or

improvements are to be constructed, or existing works or structures replaced or

extended, and are thereafter to be operated and maintained by the division, the

local board shall have power to levy assessments and to impose tolls or charges

to raise the money required for such operation and maintenance, including

amounts due the United States in that relation.

      2.  The works described in the contract

with the United States shall be constructed, replaced or extended by such local

board of directors, and the money raised by such special assessment therefor or

for the operation and maintenance thereof shall be collected, kept and

disbursed, and the apportionment of benefits made, as provided in this chapter,

when a division of the district is authorized to provide for local undertakings

the benefits of which are limited to such division.

      [Part 63:64:1919; 1919 RL p. 3291; NCL § 8081]

IMPROVEMENT DISTRICTS IN IRRIGATION DISTRICTS

General

      NRS 539.423  Purposes for which land may be formed into improvement district.  The board of directors may provide for the

construction of canals, ditches, laterals, dams, drains or other structures or

improvements or the acquirement, replacement, consolidation or extension of the

same, or the leasing, acquisition or construction of electrical transmission

lines and accessory equipment, the benefits of which affect all or are limited

to a portion of the district only, in the manner provided in NRS 539.423 to 539.460,

inclusive.

      [Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;

NCL § 8066]

      NRS 539.425  Proposal of formation: Recommendation of district engineer;

petition of landowners; designation of area by directors.  Upon the recommendation in writing by the

district engineer, or upon a petition signed by a majority of the electors of

the district owning land to be affected, or by electors representing at least

one-half of the total acreage to be affected by such a proposed local

improvement, defining the boundaries thereof, and requesting the board of

directors to undertake the carrying out of the same, the board of directors, if

it approves the same, may form and designate such area as an improvement

district for the purpose desired, and shall establish and define the boundaries

thereof.

      [Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;

NCL § 8066]

      NRS 539.427  Plans and estimates of cost of improvement; provision for

payment of costs.  The board of

directors may prepare plans and estimates of the cost of a proposed improvement

and determine the manner in which the cost of the improvement must be provided.

For this purpose the board of directors may propose the issuance of bonds,

notes or certificates of indebtedness payable by an assessment or otherwise on

the property in the improvement district, bearing interest at a rate which does

not exceed by more than 5 percent the Index of Revenue Bonds which was most

recently published before the bids are received or a negotiated offer is

accepted, payable semiannually, and in such amounts and maturing at such time,

not exceeding 20 years, as the board of directors may prescribe.

      [Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;

NCL § 8066]—(NRS A 1971, 2127; 1975, 875; 1981, 1418; 1983, 586; 1985, 2062)

      NRS 539.430  Submission of proposed improvement, estimated cost and methods

of financing to Department of Taxation.  The

proposed local improvement, accompanied by the estimated cost thereof, a report

of the district engineer, and the proposed method of financing the improvement,

shall be submitted by the board of directors of the district to the Department

of Taxation for its approval.

      [Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;

NCL § 8066]—(NRS A 1977, 1237)

      NRS 539.433  Election required after approval by Department of Taxation.  After approval by the Department of Taxation,

the board of directors shall submit the question of whether the proposed

improvement shall be authorized by the electors of the affected improvement

district at a special election or the next district election or primary or

general state election.

      [Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;

NCL § 8066]—(NRS A 1977, 1237; 1993, 1086)

      NRS 539.435  Form of question to be submitted to voters.  The question submitted to the voters pursuant

to NRS 539.433 must be substantially in the

following form: Shall the improvement of Local Improvement District No.

........ (briefly describing it) be authorized and the indebtedness therefor,

estimated in the sum of ........ dollars, be incurred and paid in the manner

following (briefly stating the method of payment, whether by bonds, notes or

certificates of indebtedness and the time or times of payment, together with

the rate of interest)?

      [Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;

NCL § 8066]—(NRS A 1993, 1086)

      NRS 539.437  Conduct of election.  The

election shall in all other respects, including the qualification to vote, be

conducted in the manner prescribed in this chapter for the holding of elections

to approve proposals to subject lands in a district to the repayment for

obligations for capital purposes, insofar as such provisions are applicable.

      [Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;

NCL § 8066]—(NRS A 1967, 1216)

      NRS 539.440  Apportionment of benefits.  After

the plan has been approved by the Department of Taxation and the bond issue or

other indebtedness has been authorized at the election, the board of directors

of the district shall proceed to apportion the benefits in the manner

prescribed in this chapter.

      [Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;

NCL § 8066]—(NRS A 1977, 1237; 1993, 1086)

      NRS 539.443  Confirmation proceedings in district court: Procedure; notice.

      1.  If the proposed improvement is carried

by a vote of two-thirds of the qualified electors voting at such election, the

board of directors shall petition the district court of the county in which the

principal office of the district is located for confirmation of all of the

proceedings in respect to such local improvement in the manner prescribed in

this chapter for the confirmation of other proceedings by the district.

      2.  Upon the filing of such petition in

court the judge of the court shall fix a time and place for the hearing

thereof, giving notice of at least 2 weeks of such hearing by publication in a

newspaper of general circulation published in the county and also by posting

three copies of such notice at conspicuous points or places in the improvement

district.

      3.  Upon the hearing before the court upon

the petition, any person interested may be heard, and at such hearing the court

may correct any error in the matter of apportionment of benefits or in any of

the proceedings.

      [Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;

NCL § 8066]

      NRS 539.445  Authorization to carry out improvement.  If

the qualified electors voting at the election vote in favor of the proposed

local improvement and the incurring of the indebtedness therefor, and the

proceedings are confirmed by the court as prescribed in NRS

539.443, the board of directors may carry out the proposed improvement.

      [Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;

NCL § 8066]—(NRS A 1967, 1216; 1993, 1086)

      NRS 539.447  Sale of securities; deposit of proceeds in improvement district

fund.

      1.  Upon confirmation by the district court

of the proceedings in respect to such local improvement, including all

assessments of benefits, and upon the approval of the Department of Taxation

and the certification of the State Controller, as provided for in NRS 539.640 to 539.665,

inclusive, the board of directors shall negotiate the sale of the securities so

authorized in the manner prescribed in this chapter for the sale of district

bonds.

      2.  The proceeds of the sale shall be

deposited in a special fund to be designated Improvement District No. ........

Fund, and thereupon the board of directors shall proceed with the improvement.

      [Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;

NCL § 8066]—(NRS A 1977, 1237)

      NRS 539.450  Securities: Execution by district officers; lien upon issuance

of bonds.

      1.  The securities, whether bonds, notes or

certificates of indebtedness, when issued, shall be executed by the officers of

the district in the manner prescribed in this chapter for the execution of

bonds.

      2.  Bonds shall be issued in the name of

the improvement district and when issued shall be a lien upon the land included

therein.

      [Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;

NCL § 8066]

      NRS 539.453  Levy and collection of annual assessments for payment of

interest and redemption of securities.

      1.  For the payment of interest and the

redemption of the bonds, notes or certificates of indebtedness, the board of

directors shall levy annual assessments for the amount of interest and the

redemption of the bonds, notes or certificates of indebtedness upon the lands

affected by the local improvement according to the apportionment of benefits,

and the assessments shall be delivered to the secretary of the district and

entered by the secretary in the assessment book or books thereof.

      2.  Such assessment or assessments and the

collection thereof shall thereafter take the same course as assessments of the

district as provided in this chapter.

      [Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;

NCL § 8066]

      NRS 539.455  Payment of assessments before issuance of securities.

      1.  Prior to the issuance of bonds, notes

or certificates of indebtedness authorized for the purpose of such local

improvement, any person, firm or corporation owning land upon which a benefit

has been assessed for such improvement may pay all or any portion of the

benefits so assessed against the land, and, upon such payment, the benefit so

assessed shall be discharged to the extent of such payment.

      2.  No such payment may be made after the

issuance of bonds, notes or certificates of indebtedness authorized to be

issued in payment of such improvement except as provided by the district.

      [Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;

NCL § 8066]

      NRS 539.457  Powers of directors and officers of district.  The board of directors and all other officers

of any irrigation district shall have all the rights, powers and privileges

concerning improvement districts and lands thereof, and the proceedings

provided for in NRS 539.423 to 539.460, inclusive, as the board of directors and all

other officers may have concerning the irrigation district of which such

improvement districts are a part.

      [49 1/2c:64:1919; added 1947, 303; 1943 NCL §

8066.03]

      NRS 539.460  Applicability of chapter to improvement districts.  All the provisions of this chapter, where

applicable, shall apply to such improvement districts.

      [Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;

NCL § 8066]

Funding and Refunding Bonds

      NRS 539.463  Issuance; conditions.

      1.  The board of directors of any

irrigation district may cause funding or refunding bonds to be issued for the

purpose of funding or refunding any or all outstanding bonds, notes or

certificates of indebtedness of any improvement district in the irrigation

district.

      2.  Such funding or refunding bonds shall,

except as otherwise provided in NRS 539.463 to 539.475, inclusive, be issued in substantially the

manner and form prescribed by this chapter for the issuance of other bonds of

improvement districts in irrigation districts, and the provisions of this

chapter concerning the authorization, certification, issuance and sale of bonds

of improvement districts in irrigation districts are applicable to bonds issued

under NRS 539.463 to 539.475,

inclusive; but no plan, estimate or report of the district engineer is required

to be made or approved as provided in NRS 539.427

and 539.430, nor may any new apportionment of

benefits in respect of such bonds be required to be made or confirmed by the

district court, but instead the board of directors of any irrigation district

desiring to fund or refund any of the bonds, notes or certificates of

indebtedness of any improvement district in the irrigation district may submit

its proposed plan for the funding or refunding of such bonds, notes or certificates

of indebtedness to the Department of Taxation.

      [Part 49 1/2a:64:1919; added 1935, 7; 1931 NCL §

8066.01]—(NRS A 1977, 1238)

      NRS 539.465  Election required to authorize issuance; conduct of election;

maturity of and interest on bonds.

      1.  If the proposed plan for the funding or

refunding of bonds, notes or certificates of indebtedness is approved by the

Department of Taxation, the board of directors of the irrigation district shall

submit the question concerning authorization of the plan for the funding or

refunding of bonds to the electors of the district at a special election or the

next district election or primary or general state election.

      2.  The result of the election must be

determined and declared substantially in the same manner as provided by this

chapter for the issuance of other bonds of improvement districts in irrigation

districts, except that a majority vote only is required for the authorization

of those funding or refunding bonds.

      3.  The maturity of the funding or

refunding bonds must be fixed by the board of directors of the irrigation

district, subject to the approval of the Department of Taxation, but in no case

may the maturity of any of the bonds be more than 40 years from the date

thereof. The rate of interest on those bonds must not exceed by more than 5

percent the Index of Revenue Bonds which was most recently published before the

bids are received or a negotiated offer is accepted, payable semiannually.

      [Part 49 1/2a:64:1919; added 1935, 7; 1931 NCL §

8066.01]—(NRS A 1971, 2127; 1975, 876; 1977, 1238; 1981, 1419; 1983, 587; 1985, 2062; 1993, 1087)

      NRS 539.467  Confirmation of proceedings by district court.

      1.  If the issuance of such funding or

refunding bonds is carried by a vote of a majority of the qualified electors of

the improvement district voting at the election, the board of directors shall

petition the district court of the county in which the principal office of the

district is located for confirmation of all of the proceedings in respect to

the issuance of such funding or refunding bonds in the manner prescribed in

this chapter for the confirmation of other proceedings by the district.

      2.  The proceedings on the petition shall

be substantially the same as provided by NRS 539.443

for the confirmation of proceedings in respect to local improvements in an

irrigation district.

      [Part 49 1/2a:64:1919; added 1935, 7; 1931 NCL §

8066.01]

      NRS 539.470  Apportionment of benefits; levy of annual assessments for

interest and redemption of bonds.

      1.  The apportionment of benefits made in

connection with the issuance of the bonds, notes or certificates of

indebtedness of such local improvement district so refunded shall be applicable

to assessments made for the payment of principal and interest of such funding

or refunding bonds.

      2.  For the payment of such principal and

interest, the board of directors of the irrigation district shall levy annual assessments

for the amount of interest and redemption of such funding or refunding bonds

upon the lands affected by the local improvement according to such

apportionment of benefits, and the provisions of NRS

539.423 to 539.460, inclusive, relating to

assessments are hereby made applicable to funding or refunding bonds issued

under the authority of NRS 539.463 to 539.475, inclusive.

      [Part 49 1/2a:64:1919; added 1935, 7; 1931 NCL §

8066.01]

      NRS 539.473  Certification of bonds by State Controller.  If the proposed plan for the funding or

refunding of such bonds, notes or certificates of indebtedness is approved by

the Department of Taxation, and the funding or refunding bonds are authorized

as provided in NRS 539.463 to 539.475, inclusive, the funding or refunding bonds

shall be certified by the State Controller in the manner and with the effect

prescribed in NRS 539.640 to 539.665,

inclusive.

      [Part 49 1/2a:64:1919; added 1935, 7; 1931 NCL §

8066.01]—(NRS A 1977, 1238)

      NRS 539.475  Sale and exchange of bonds.

      1.  Any funding or refunding bonds of a

local improvement district authorized to be issued may be sold from time to

time in the same manner as other bonds of the irrigation district, or may be

exchanged for outstanding bonds, notes or certificates of indebtedness of the

improvement district.

      2.  Any outstanding bonds, notes or

certificates of indebtedness so funded or refunded or exchanged must be

immediately cancelled by the treasurer.

      [49 1/2b:64:1919; added 1935, 7; 1931 NCL § 8066.02]—(NRS

A 1981, 491)

FINANCIAL ORGANIZATION

General Financial Provisions

      NRS 539.477  Debt or liability in excess of express provisions void;

incurrence forbidden.  The board of

directors, or other officers of the district, shall have no power to incur any

debt or liability whatever, either by issuing bonds or otherwise, in excess of

the express provisions of this chapter. Any debt or liability incurred in

excess of such express provisions shall be absolutely void.

      [Part 14:64:1919; A 1921, 118; 1927, 309; NCL § 8025]

      NRS 539.480  Limitation on indebtedness; issuance of warrants or negotiable

notes; levy and collection of assessments; limitation on assessments.

      1.  For the purpose of organization or any

of the purposes of this chapter, the board of directors may incur an

indebtedness not exceeding in the aggregate the sum of $1,000,000 and may cause

warrants or negotiable notes of the district to issue therefor, bearing

interest which must not exceed by more than 5 percent the Index of Revenue

Bonds which was most recently published before the bids are received or a

negotiated offer is accepted. The board may levy an assessment on all lands in

the district for the payment of those expenses.

      2.  Subject to the provisions of

subsections 3, 4 and 5, thereafter the board may levy:

      (a) An annual assessment, in the absence, except

as otherwise provided in paragraph (b), of assessments therefor pursuant to any

of the other provisions of this chapter, of not more than $1.50 per acre on all

lands in the district for the payment of the ordinary and current expenses of

the district, including the salaries of officers and other incidental expenses;

and

      (b) An annual assessment of not more than $5 per

acre on all the lands in the district for deposit in a capital improvement fund

for the construction, reconstruction or maintenance of the irrigation system of

the district and any appurtenances necessary thereto.

      3.  Annual assessments levied pursuant to

the provisions of subsection 2 may not cumulatively exceed $5 per acre.

      4.  No portion of the amount collected from

the assessment levied pursuant to the provisions of paragraph (b) of subsection

2 may be used for the payment of the ordinary and current expenses of the

district, including the salaries of officers and other incidental expenses.

      5.  The assessments authorized pursuant to

the provisions of subsection 2 must be collected as provided in this chapter

for the collection of other assessments.

      [Part 14:64:1919; A 1921, 118; 1927, 309; NCL §

8025]—(NRS A 1960, 49; 1967, 988; 1971, 2128; 1973, 278; 1975, 876; 1981, 491,

582, 1419; 1983, 587; 1985, 2063; 1991, 8; 2009, 59; 2013, 488)

      NRS 539.483  Monthly financial reports of district treasurer; verification

and filing.

      1.  The district treasurer shall report to

the board of directors in writing on the first Monday in each month the amount

of money in the construction fund, the bond fund and the general fund, and the

amounts received and paid out in the preceding month.

      2.  The district treasurer shall make such

other reports and accounting as the board may require.

      3.  All reports shall be verified and filed

with the secretary of the board.

      [Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;

1955, 27]

      NRS 539.485  Monthly posting and publication of claims allowed by board of

directors.  The board of directors

of each irrigation district shall, each month, post in three public places in

the district, one of which places shall be the county courthouse, and publish

one time in a newspaper of general circulation in the county a list of the

claims allowed by the board for the preceding month.

      [51a:64:1919; added 1929, 286; A 1947, 90; 1943 NCL §

8069]

      NRS 539.487  Annual publication of district financial statement.  On or before the first Tuesday of September of

each year the board of directors of each irrigation district shall publish in

at least one issue of some newspaper published in the county where the office

of the district is located a full, true and correct statement of the financial

condition of the district on the first day of that year, giving a statement of

all liabilities and assets of the district.

      [51:64:1919; A 1951, 47; 1954, 20]

      NRS 539.490  County treasurer to deliver all money collected to treasurer of

district.  The county treasurer or

treasurers who are required by this chapter to collect assessments levied by

the district are authorized and required to turn over to the treasurer of the

district all moneys, including delinquent penalties and interest collected

(except costs of publication), and to take receipt therefor.

      [Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;

1955, 27]

Funds

      NRS 539.493  Funds created.  The

following funds are created and established, to which the moneys properly

belonging shall be apportioned:

      1.  Construction fund.

      2.  Bond fund.

      3.  General fund.

      [Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;

1955, 27]

      NRS 539.495  Construction fund: Source.  Moneys

accruing from the sale of bonds, and from any assessments levied for the direct

payment of costs of construction, purchase of property, or other undertakings

for which bonds may be issued, shall be deposited and kept in the construction

fund.

      [Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;

1955, 27]

      NRS 539.497  Construction fund: Authorized disbursements.  The cost and expense of purchasing and

acquiring property, and of constructing works to carry out the formulated plan

or plans, whether for irrigation or drainage or both, or for the improvement or

supplementing of existing works, except as otherwise provided in this chapter,

shall be paid out of the construction fund.

      [Part 32:64:1919; A 1927, 309; NCL § 8045]

      NRS 539.500  Construction fund: Transfers to general fund.  Whenever all construction work is completed,

any money remaining in the construction fund may be transferred to the general

fund.

      [Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;

1955, 27]

      NRS 539.503  Bond fund: Source.  Moneys

accruing from assessments levied for the payment of interest and principal on

bonds shall be deposited and kept in the bond fund.

      [Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;

1955, 27]

      NRS 539.505  Bond fund: Investment and transfer of surplus money.

      1.  Surplus money in the bond fund may be

placed at interest or invested in approved interest-bearing securities.

      2.  If, after a full redemption of any bond

issue, a surplus then remains in the bond fund, such surplus may, by resolution

of the board of directors, be transferred to the general fund.

      [Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;

1955, 27]—(NRS A 1981, 492)

      NRS 539.507  General fund: Division into general fund and operation and

maintenance fund.  The general fund

may be divided into the general fund and the operation and maintenance fund as

the board may direct.

      [Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;

1955, 27]

      NRS 539.510  General fund: Source.  All

moneys except those required to be deposited in the construction fund and the

bond fund, including those realized from assessments or, as the case may be,

from tolls and charges levied or imposed for defraying the organization and

current expense of the district, and expenses and cost of the care, operation,

maintenance, management, repair, and necessary current improvement or

replacement of existing works and property, including salaries and wages of

officers and employees and other proper incidental expenditures, shall be

deposited and kept in the general fund or operation and maintenance fund, as

the board of directors may designate.

      [Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;

1955, 27]

      NRS 539.513  General fund: Board may fix rates of tolls or charges;

collection in advance; enforcement of debt; liens.

      1.  To defray the organization and current

expense of the district, and of the care, operation, maintenance, management,

repair, and necessary current improvement or replacement of existing works and

property, including salaries and wages of officers and employees and other

proper incidental expenditures, the board may:

      (a) Fix rates of tolls or charges, and provide

for the collection thereof by the district treasurer as operation and

maintenance, or some like designation; or

      (b) Levy assessments therefor, or for a portion

thereof, collecting the balance as tolls or charges.

Ê The board

may provide for the fixing, levying and collection of a minimum, flat or stated

operation and maintenance assessment, toll or charge per acre, whether water is

used or not, and a further operation and maintenance toll or charge for water

used in excess of the amount delivered for the minimum charge, or the board may

adopt other reasonable methods of fixing and collecting the operation and

maintenance charges.

      2.  Assessments, tolls and charges may be

collected in advance, and the assessment and such tolls and charges may be

based upon an estimate of the operation and maintenance revenue required for

the current or ensuing year, to be adjusted as near as may be from year to

year.

      3.  Water service may be refused and water

delivery may be shut off whenever there is a default in the payment of

operation and maintenance, but all other legal remedies must also be available

for the enforcement of the debt.

      4.  The assessments, tolls and charges must

be collected by the treasurer and deposited in the general fund or operation

and maintenance fund, and the treasurer shall account therefor and disburse the

same as provided in this chapter.

      5.  The assessments, tolls or charges fixed

by the board of directors for the payment of operation and maintenance expenses,

as provided in this chapter, are a lien upon all lands entitled to receive

water from the irrigation district system of works, as of the date fixed by the

board of directors for the payment of the assessments, tolls or charges,

whether water is delivered to such lands or not.

      6.  If the ownership of the land upon which

a lien is imposed pursuant to subsection 5 is severed from the ownership of the

right to use the water, the lien remains in effect on the land until:

      (a) The place of use of the water is changed to

land upon which a lien is imposed pursuant to subsection 5, if:

             (1) The change is in accordance with

applicable statutes and regulations of Nevada; or

             (2) On a stream system where a decree of

court has been entered, the change is in accordance with the decree or any

rules adopted pursuant to the decree; or

      (b) The owner of the right to use the water

enters into a written agreement with the irrigation district for the payment of

assessments, tolls or charges required pursuant to this section. Except as

otherwise provided in this paragraph, the payment must be secured by the right

to use the water in a manner that is satisfactory to the irrigation district.

If the owner of the right to use the water is the Federal Government or one of

its agencies, or the State of Nevada or one of its agencies or political

subdivisions, the agreement is not required to be secured in such a manner.

      [Part 32:64:1919; A 1927, 309; NCL § 8045]—(NRS A 1999, 1222)

      NRS 539.515  General fund: Expenditures for development, operation and

maintenance of recreational grounds; limitations.

      1.  Subject to the limitations contained in

subsection 2, the board of directors may expend money from the general fund and

the operation and maintenance fund for the development, operation and

maintenance of recreational grounds.

      2.  In any irrigation district having a

reservoir or reservoirs for the storage of water with a capacity of:

      (a) Less than 250,000 acre-feet, the expenditures

authorized by subsection 1 may not exceed the sum of $1,000 in any 1 year.

      (b) 250,000 acre-feet or more, the expenditures

authorized by subsection 1 may not exceed the sum of $25,000 in any 1 year.

      [75:64:1919; added 1929, 286; NCL § 8093]—(NRS A

1960, 48; 1981, 583)

      NRS 539.517  General fund: Expenditure for exploiting district resources;

limitation; tax.  The board of

directors is empowered to expend not to exceed the sum of $1,500 in any 1 year

for the purpose of exploiting the resources of the irrigation district. Such

moneys shall be raised by a tax levy and shall be payable out of the general

fund.

      [78:64:1919; added 1929, 286; NCL § 8096]

      NRS 539.520  Duties of district treasurer; liability on official bond.

      1.  The treasurer of the district is

authorized and required to receive and receipt for and to collect the moneys

accruing to the construction fund, the bond fund and the general fund, and to

place the same to the credit of the district in the appropriate fund.

      2.  The treasurer shall be responsible upon

his or her official bond for the safekeeping and disbursement of the moneys in

such funds.

      [Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;

1955, 27]

      NRS 539.523  Directors may make temporary transfers.  The

board of directors may make temporary transfers from the general fund to the

construction fund and from the construction fund to the general fund, but no

such transfers may be made from the bond fund.

      [Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;

1955, 27]

      NRS 539.525  Regulation of disbursements from funds; approval of vouchers.

      1.  The board of directors may establish

rules and regulations and prescribe the conditions under which the treasurer

may make disbursements from the general and operation and maintenance funds,

but no payments from any of the other funds of the district shall be made by

the treasurer except upon vouchers signed by the president and secretary, after

being first authorized by order of the board.

      2.  Salaries or expenses incurred by any

member or officer of the board of directors must be approved at a meeting of

the board before the voucher therefor is signed by the president and secretary.

      [Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;

1955, 27]

      NRS 539.527  Interest coupons: Payment by district treasurer.  Interest coupons shall be paid by the district

treasurer as provided in this chapter.

      [Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;

1955, 27]

Deposits

      NRS 539.530  Deposit of money in bank or credit union in state.  All money belonging to or in the custody of

any irrigation district within this state, or of the treasurer or other officer

thereof, shall, so far as possible, be deposited in state or national banks or

credit unions in this state as the treasurer or other officer of such

irrigation district having legal custody of such money shall select for the

safekeeping thereof, and shall be subject to withdrawal at any time on demand

of the treasurer or other authorized officer.

      [Part 10d:64:1919; added 1929, 286; A 1933, 271; 1931

NCL § 8021]—(NRS A 1999, 1510)

      NRS 539.533  Deposit of district money in accordance with general laws.  The treasurer, or other officer, of an

irrigation district having legal custody of its moneys shall also have power to

deposit such moneys in the same manner and under the same conditions as may be

applicable to the deposit of state, county and municipal funds by the legal

custodians thereof.

      [Part 10d:64:1919; added 1929, 286; A 1933, 271; 1931

NCL § 8021]

      NRS 539.537  Security of deposits: Surety bonds; securities in lieu of surety

bond.

      1.  For the security of such deposits there

shall be delivered to the treasurer of the irrigation district a bond or bonds

of a corporate surety qualified to act as sole surety on bonds or undertakings

required by the laws of this state, and approved by the Commissioner of

Insurance as a company possessing the qualifications required for the purpose

of transacting a surety business within this state. The penal amount of such

bond or bonds shall at no time be less than the amount of money deposited by

the irrigation district with such depositary. The bond or bonds shall secure

and guarantee the full and complete repayment to the irrigation district or the

payment to its order of all money so deposited, together with interest thereon.

The premium for such corporate surety bond or bonds, in the discretion of the

board of directors of the irrigation district, may be paid out of the money so

deposited or may be required to be paid by the depositary.

      2.  The depositary may, in lieu of the

corporate surety bond or bonds, deposit with the treasurer of the irrigation

district treasury notes or United States bonds, or other securities which are

legal investments for savings banks and credit unions in this state, the market

value of which shall at all times equal the amount of money so deposited, as

collateral security, and such securities shall be placed by the treasurer in

escrow in some bank or credit union other than the depositary of the money of

the district. In the event of the failure of the depositary to repay such money

to the district on demand, or to pay the same to its order, the securities so

placed in escrow shall be redelivered to the treasurer and may be sold by the

treasurer with or without notice, and the proceeds thereof used to reimburse the

district.

      [Part 10d:64:1919; added 1929, 286; A 1933, 271; 1931

NCL § 8021]—(NRS A 1999, 1510)

BONDS

Bonds for Purchase and Construction

      NRS 539.540  Resolution of directors: General plan of proposed operations.  As soon as practicable after the organization

of a district the board of directors shall, by a resolution entered on its

records, formulate a general plan of its proposed operations in which it shall

state what constructed works or other property it proposes to purchase and the

cost of purchasing the same, and also what construction work it proposes to do,

and how it proposes to raise the funds for carrying out such general plan.

      [Part 15:64:1919; A 1921, 118; NCL § 8026]

      NRS 539.543  Surveys and examinations; direction and certification by

irrigation engineer.

      1.  The board of directors shall cause such

surveys and examinations to be made as will furnish a proper basis for an

estimate of the cost of carrying out the construction work.

      2.  All such surveys, examinations, maps,

plans, and estimates shall be made under the direction of a competent

irrigation engineer and certified by that engineer.

      [Part 15:64:1919; A 1921, 118; NCL § 8026]

      NRS 539.545  Estimate of amount of money necessary to be raised; election

required.  Upon receiving the

report of the engineer, the board shall proceed to determine the amount of

money necessary to be raised for the purchase of property and construction of

works, and shall submit to the electors of the district possessing the

qualifications prescribed by this chapter at a special election or the next

district election or primary or general state election the question of whether

the expense shall be authorized and whether by bond issue or otherwise.

      [Part 15:64:1919; A 1921, 118; NCL § 8026]—(NRS A 1993, 1087)

      NRS 539.547  Notice of election: Posting; publication; contents.

      1.  Notice of the election must be given

by:

      (a) Posting notices in three public places in

each election precinct in the district not less than 15 nor more than 20 days

before the date of election; and

      (b) Publication thereof for 3 weeks in some

newspaper published in the county where the district was organized.

      2.  The notice of the election held

pursuant to NRS 539.545 must specify:

      (a) The time of holding the election.

      (b) The amount of bonds proposed to be issued.

      (c) The maximum rate of interest.

      (d) In substance that such plans and estimates as

have been made are on file for inspection by the electors of the district at

the office of the board.

      [Part 15:64:1919; A 1921, 118; NCL § 8026]—(NRS A

1981, 1420; 1993,

1087)

      NRS 539.550  Ballots: Form.  At

such an election the ballot shall contain the words “........ (Question)—Yes,”

or “........ (Question)—No,” or words equivalent thereto.

      [Part 15:64:1919; A 1921, 118; NCL § 8026]

      NRS 539.553  Conduct of election; number of votes elector may cast; certain

persons and entities entitled to vote; filing of designations or written

consents; informalities not to invalidate election.  In

any election to approve any bond issue, contract or other proposal which would

subject the lands in any district to the repayment of an obligation to be

incurred for capital purposes, the following procedure must be followed:

      1.  The secretary of the district shall

prepare from the book of assessments a list of all electors qualified by an

ownership of land which meets the conditions prescribed in paragraphs (a), (b)

and (c) of subsection 1 of NRS 539.123, showing the

number of acres listed to each such elector, or the percentage interest in

acreage held by each elector who holds an undivided interest in land.

      2.  At the time and place appointed for the

election, the list must be open for inspection. If both spouses vote with

respect to acreage in which their interest is community property, the number of

votes attributed to that acreage must be divided equally between them. If one

holder of an undivided interest votes with the consent of his or her fellow

holders, the entire acreage must be attributed to him or her.

      3.  An elector is entitled to vote on the

proposal according to the land which the elector owns outright, as follows:

      (a) Ten acres or less, one vote;

      (b) For each additional 10 acres or a part

thereof, up to and including 200 acres, one additional vote; and

      (c) For each additional 100 acres or a part

thereof above 200 acres, one additional vote.

Ê The district

shall issue a separate ballot for each vote which an elector is entitled to

cast.

      4.  If two or more persons hold undivided

or community interests in land, each is entitled to cast a percentage of the

respective votes otherwise allowed pursuant to subsection 3 that is equal to

his or her percentage interest in that land, except that, if pursuant to this

subsection those persons are entitled to a fractional interest in a vote, that

vote may only be cast by one of those persons upon presenting the written

consent of his or her fellow holders.

      5.  A guardian, executor, administrator or

trustee shall be deemed the holder of title or evidence of title to the land in

the State for which he or she is the guardian, executor, administrator or

trustee, and has the right to vote pursuant to this section. If there is more

than one guardian, executor, administrator or trustee, they must designate one

of their number to vote pursuant to this section.

      6.  Corporations, partnerships or

limited-liability companies holding land in the district shall be deemed

persons entitled to exercise all the rights of natural persons, and the

president of such a corporation, the general partner of such a partnership, the

manager of such a limited-liability company, or any other person authorized in

writing by the president of the corporation, the general partner of the

partnership or the members of the limited-liability company, may cast the vote

of the corporation, partnership or limited-liability company pursuant to this

section. If a partnership has more than one general partner, the general

partners must designate one of their number to cast the vote of the partnership

pursuant to this section. If a limited-liability company:

      (a) Has more than one manager, the managers must

designate one of their number to cast the vote of the limited-liability company

pursuant to this section.

      (b) Does not have a manager, the members must

designate one of their number to cast the vote of the limited-liability company

pursuant to this section.

      7.  Designations or written consents for

the purposes of voting as authorized pursuant to this section must be filed

with the district not later than 14 days before the election.

      8.  At the end of the time appointed for

voting, the secretary of the district shall determine the total number of votes

cast approving the proposal and shall declare it passed if the proposal is

approved by a majority of the votes cast.

      9.  If the proposal is not so approved, it

is rejected and the result must be entered of record.

      10.  No informalities in conducting the

election invalidate the result if the election is fairly conducted and the

result can be clearly ascertained.

      11.  For the purposes of this section,

eligibility to vote and the number of acres listed to each elector must be

determined from the current book of assessments. The board may by regulation

permit holders of real property in the district to establish eligibility to

vote by providing proof of acquisition of an interest in real property in the

district since the last assessment roll was closed.

      [Part 15:64:1919; A 1921, 118; NCL § 8026]—(NRS A

1967, 1215; 1969, 509; 1979, 481; 1981, 517; 1985, 2063; 1989, 1174; 1991, 1086; 1997, 1308)

      NRS 539.557  Additional bond issues: Election required.  Thereafter, whenever the board in its judgment

deems it for the best interest of the district that the question of the

issuance of bonds in such amount, or in any other amount, be submitted to the

electors, it shall so declare of record in its minutes, and thereupon submit

the question to the electors at a special election or the next district

election or primary or general state election in the same manner and with like

effect as at the previous election.

      [Part 15:64:1919; A 1921, 118; NCL § 8026]—(NRS A 1993, 1087)

      NRS 539.560  Determination of benefits: Apportionment; procedure.

      1.  Whenever the electors shall have

authorized an issue of bonds, the board of directors shall examine the land in

the district, and shall determine the benefits which will accrue to each tract

or subdivision from the construction or purchase of the works proposed for the

district; and the costs of such work shall be apportioned or distributed over

such tracts or subdivisions of land in proportion to such benefits.

      2.  The board shall make, or cause to be

made, a list of such apportionment or distribution, which list shall contain a

complete description of each subdivision or tract of land of such district with

the amount and rate per acre of such apportionment or distribution, and the name

of the owner thereof, or it may prepare a map on a convenient scale showing

each of the subdivisions or tracts with the rate per acre of such apportionment

entered thereon.

      3.  Where all or any portion of the lands

are apportioned a benefit by the board at the same rate, a general statement to

that effect shall be sufficient.

      4.  Whenever thereafter an assessment is

made, either in lieu of bonds, or an annual assessment for raising the interest

on bonds, or any portion of the principal, or the expenses of maintaining the

property of the district, or any special assessment voted by the electors, it

shall be spread upon the lands in the same proportion as the assessments of

benefits, and the whole amount of the assessments of benefits shall equal the

amount of bonds or other obligations authorized at the election.

      5.  The benefits arising from the

undertakings for which special assessments are made may be distributed equally

over the lands, or especially apportioned, and assessments or tolls and charges

may be made or imposed, when coming within the designation of operation and

maintenance charges, by way of a minimum stated charge per acre whether water

is used or not, and a charge for water used in excess of the amount delivered

for the minimum charge, or such other reasonable method of fixing or collecting

the operation and maintenance charge as the board of directors may adopt.

      6.  Where drainage works are to be

constructed, benefits may be apportioned to higher lands which are or may be

irrigated from a common source or combined sources and by the same system or

combined systems of works not then actually requiring drainage by reason of the

fact that their irrigation contributes, or will, if irrigated, contribute water

which must be carried off or away from the lower lands.

      [17:64:1919; A 1921, 118; NCL § 8028]

      NRS 539.563  Meeting to review apportionment of benefits: Notice; hearing.

      1.  Before final action upon the

apportionment of benefits provided for in NRS 539.560,

the board shall publish notice for 2 weeks in a newspaper published in the

county in which the organization was effected that it will meet at its office

on the day stated in the notice for the purpose of reviewing such apportionment

of benefits.

      2.  At such meeting the board shall proceed

to hear all persons interested who may appear, and it shall continue in session

from day to day until the apportionment is completed.

      3.  The board shall hear and receive all

evidence offered, including any maps or surveys which any owners of lands may

produce, and may classify the lands in such a way that the assessment when

completed shall be just and equitable.

      4.  Any person interested who shall fail to

appear before the board shall not be permitted thereafter to contest the

apportionment, or any assessment thereunder, except upon a special application

to the court in the proceeding for confirmation of the apportionment, showing

reasonable excuse for failing to appear before the board.

      5.  If any elector makes objection to the

apportionment before the board, and the objection is overruled and such elector

does not consent to the apportionment as finally determined, such objection

shall, without further proceedings, be heard at the confirmation proceedings.

      [18:64:1919; 1919 RL p. 3277; NCL § 8029]

      NRS 539.565  Confirmation proceedings in district court: Petition; contents;

notice of hearing on petition; pleadings.

      1.  The board of directors of the district

shall file with the clerk of the district court in and for the county in which

its office is situated a petition praying in effect that the proceedings be

examined, approved and confirmed by the court.

      2.  The petition shall state generally

that:

      (a) The irrigation district was duly organized.

      (b) The first board of directors was elected.

      (c) Due and legal proceedings were taken to issue

bonds, stating the amount thereof.

      (d) An apportionment of benefits was made by the

board and a list thereof duly filed according to law.

      3.  A list of the apportionment shall be

attached to the petition, but the petition need not state other facts.

      4.  Such petition for confirmation of the

proceedings thus far had may be filed after the organization of the district is

complete, or after the authorization of any issue of bonds, or after any other

undertaking of the district.

      5.  The court or judge shall fix the time

and place for the hearing of any such petition, and the clerk shall publish a

notice thereof for 2 consecutive weeks in a newspaper published in the county.

      6.  Any person interested may on or before

the day fixed for the hearing answer the petition.

      7.  None of the pleadings need be sworn to,

and every material statement of the petition not controverted by answer shall

be taken as true. A failure to answer the petition shall be deemed to be an

admission of the material allegations thereof.

      8.  The rules of pleading and practice

provided by law and the Nevada Rules of Civil Procedure shall be followed so

far as applicable. A motion for a new trial, and all proceedings in the nature

of appeals or rehearings, may be had as in any ordinary civil action.

      [19:64:1919; 1919 RL p. 3278; NCL § 8030]

      NRS 539.567  Confirmation proceedings: Confirmation of apportionment;

corrections by court; final judgment; costs.

      1.  Upon the hearing of the petition, the

court shall examine all the proceedings sought to be confirmed and may ratify,

approve and confirm the same or any part thereof; and when an apportionment of

benefits is examined all objections thereto, including those made at the

hearing before the board, shall be set up in the answer and heard by the court.

      2.  The court shall disregard every error,

irregularity or omission which does not affect the substantial rights of any

party, and if the court shall find that the apportionment is, as to any

substantial matter, erroneous or unjust, the same shall not be returned to the

board, but the court shall proceed to correct the same so as to conform to this

chapter and the rights of all parties in the premises, and the final judgment

may approve and confirm such proceedings in whole or in part.

      3.  A certified copy of the final judgment

shall be filed in the office of the State Engineer and in the office of the

county recorder of the county or counties in which any of the lands within the

district are situated.

      4.  In case of the approval of the

organization of the district and the disapproval of the proceedings for issuing

bonds, the district may again undertake proceedings for the issuance of bonds

and have the same confirmed as herein provided.

      5.  The cost of the proceedings in court

may be allowed and apportioned among the parties thereto in the discretion of

the court.

      [20:64:1919; A 1921, 118; NCL § 8031]

      NRS 539.570  Sale of bonds authorized; public or private sale; terms.

      1.  The board may sell bonds from time to

time in such quantities as may be necessary and most advantageous to raise

money for the construction of works, the acquisition of property and rights and

otherwise to carry out the objects and purposes of this chapter.

      2.  The bonds may be sold at public or at

private sale, upon any terms not inconsistent with the other provisions of this

chapter.

      [Part 21:64:1919; A 1921, 118; NCL § 8032]—(NRS A

1981, 965; 1985,

2064)

      NRS 539.573  Bonds not to be sold for less than 90 percent of par value and

accrued interest.  The board shall

in no event sell any of the bonds for less than 90 percent of the par value

thereof and accrued interest.

      [Part 21:64:1919; A 1921, 118; NCL § 8032]

      NRS 539.575  Use of unsold bonds in payment of construction; approval of

Department of Taxation.

      1.  The board may use any bonds of the

district which have been offered for sale at public sale and remain unsold in

payment for construction of canals, storage reservoirs or other works of the

district, without the necessity of calling for bids for such construction, and may

enter into contracts providing for the payment of such construction in bonds,

which contracts may provide for the payment of a fixed contract price or the

cost of such construction plus a fixed percentage thereof, or the cost of such

construction plus a fixed sum.

      2.  Ninety percent of their par value and

interest accrued thereon is the minimum price at which the bonds may be used in

payment for such construction.

      3.  Such use of bonds and any such contract

must be approved by the Department of Taxation.

      [Part 21:64:1919; A 1921, 118; NCL § 8032]—(NRS A

1977, 1239)

      NRS 539.577  Cancellation of authorized bond issue; levy of assessments in

lieu of bonds; limitations.

      1.  If for any reason the bonds of a

district cannot be sold, or if at any time it shall be deemed in the best

interests of the district to withdraw from sale all or any portion of an

authorized bond issue, the board of directors may cancel the bonds and levy

assessments in the amount of the bonds cancelled. The revenue derived from the

assessments must be employed for the same purpose as was contemplated by the

bond authorization, but no levy may be made to pay for work or material,

payment for which was contemplated by bonds which have been authorized, until

bonds to the amount of the assessments have been cancelled.

      2.  Assessments made in lieu of bonds

cancelled must be collected in the same manner and have the same effect as

other assessments levied pursuant to the provisions of this chapter. The

assessments must not during any 1 year exceed 10 percent of the total bond

issue authorized by the district, unless a greater assessment is authorized by

a majority vote of the qualified electors of the district voting at a special

election or district election or primary or general state election.

      [Part 21:64:1919; A 1921, 118; NCL § 8032]—(NRS A 1993, 1088)

      NRS 539.580  Payment of bonds and interest from revenue derived from annual

assessments.  Bonds and the

interest thereon shall be paid by revenue derived from the annual assessments

upon the lands of the district; and all of the land of the district shall be

and remain liable to be assessed for the payment of the principal and interest

of any outstanding bonds of the district until the same shall have been fully

paid.

      [22:64:1919; A 1929, 286; NCL § 8033]

      NRS 539.583  Payment of interest from bond fund.  The

treasurer, upon the presentation of interest coupons when due, shall pay the

same from the bond fund.

      [Part 24:64:1919; A 1933, 271; 1931 NCL § 8035]

      NRS 539.585  Payment before issuance of bonds, notes or certificates of

indebtedness.

      1.  Prior to the issuance of bonds, notes

or certificates of indebtedness authorized for the purpose of improvements, any

person, firm or corporation owning land upon which a benefit has been assessed

for such improvements may pay all or any portion of the benefit so assessed

against the land, and, upon such payment, the benefit so assessed shall be

discharged to the extent of such payment.

      2.  No such payment may be made after the

issuance of bonds, notes or certificates of indebtedness authorized to be

issued in payment of such improvements except as provided by the district.

      [21.5:64:1919; added 1955, 27]

      NRS 539.587  Insufficient money to complete improvement: Levy of assessment;

issuance of additional bonds.

      1.  In case the money raised by the sale of

all the bonds is insufficient for the completion of the plans and works

adopted, and additional bonds are not voted, the board of directors shall

provide for the completion of the plans by levy of assessment therefor.

      2.  When the money obtained by any previous

issue of bonds has become exhausted by expenditures authorized in this chapter,

and it becomes necessary to raise additional money to carry out the adopted

plan, additional bonds may be issued if authorized at a special election or

district election or primary or general state election. The election must be conducted

in accordance with the provisions of this chapter with respect to an original

issue of bonds.

      [Part 16:64:1919; A 1921, 118; 1929, 286; 1933, 271;

1955, 27]—(NRS A 1993,

1088)

      NRS 539.590  Prior liens.  The

lien for taxes for the payment of interest and principal of any bond series

shall be a prior lien to that of any subsequent bond series.

      [Part 16:64:1919; A 1921, 118; 1929, 286; 1933, 271;

1955, 27]

      NRS 539.593  Power of directors to levy assessments to spread redemption of

bonds.  At any time after a bond

issue, the board of directors shall have the power to levy assessments for the

purpose of raising funds to provide for the redemption of the bonds, as

specified in this chapter, thus spreading the redemption assessments over a

longer period of years than provided in NRS 539.670,

539.675 and 539.677.

      [Part 27 1/2:64:1919; added 1925, 137; NCL § 8039]

      NRS 539.595  Directors may execute agreement with bond purchasers

guaranteeing tax levy for bond redemption; approval of Department of Taxation;

recording of agreement.

      1.  Whenever an election has been held in

any irrigation district and bonds have been authorized to be issued having the

maturities prescribed in NRS 539.615 to 539.635, inclusive, which bonds have likewise been

authorized to be issued by the board of directors of such district but have not

been delivered, the board of directors, subject to the approval of the

Department of Taxation, may agree with any prospective purchaser of such bonds

prior to delivery and payment of the purchase price, that the irrigation

district will, during the life of the bonds, levy a minimum tax in each year

prior to the fixed maturity date of such bonds, or any of them, which agreement

shall be in writing signed by the president and secretary of the district, and

bearing upon its face the approval of the Department of Taxation, and shall be

filed in the office of the county recorder of each county in which the district

is located.

      2.  When so filed for record, the agreement

constitutes a binding and irrevocable agreement on the part of the district

that such taxes will be levied, and the agreement inures to the benefit of the

holders or owners of each of the bonds at any time outstanding, so as to give

to them, or either of them, a right of action against the district to compel

the levy of such taxes as provided in the agreement.

      3.  A copy of the agreement, certified by

each of the county recorders in whose office the agreement is recorded, shall

be filed with the county auditor of each county in which the agreement is

recorded.

      [Part 72:64:1919; added 1929, 286; NCL § 8090]—(NRS A

1977, 1239)

      NRS 539.597  County auditor to spread minimum sinking fund tax on assessment

books.  After a copy of the

agreement is filed as provided in NRS 539.595, the

county auditor of each county in which the agreement is filed, without further

notice or demand, shall spread upon the assessment books containing the

property subject to be assessed for irrigation purposes the amount of such

minimum sinking fund tax, and the county treasurer of each such county shall

collect the same, together with all other taxes levied or collected in the

irrigation district.

      [Part 72:64:1919; added 1929, 286; NCL § 8090]

      NRS 539.600  Agreement binding on subsequent boards of directors; directors

may increase tax.  After any such

agreement has been recorded as provided in NRS 539.595,

no subsequent board of directors shall have any authority to repeal, change or

modify the same in any respect whatsoever without the consent in writing of the

owners and holders of all of the bonds of the district then outstanding; but

the board of directors may, in its discretion, increase the amount of such

sinking fund tax, or levy additional sinking fund taxes, or other taxes, from

time to time without in any wise impairing the obligation to levy and collect

such minimum sinking fund tax.

      [Part 72:64:1919; added 1929, 286; NCL § 8090]

      NRS 539.603  Proceedings if county officers fail to perform duties pertaining

to sinking fund tax.

      1.  Any county auditor who shall fail to

enter the minimum sinking fund tax in the manner provided in NRS 539.597 may be forthwith removed from office.

      2.  In the event of the failure of any

official to levy or collect such tax after the recordation of the agreement, as

provided in NRS 539.595, the holder or owner of any

bond of such district then outstanding may so notify the district attorney of

any county in which the district is located, and the district attorney shall

thereupon institute appropriate action by mandamus or other judicial proceeding

to compel the levy and collection of taxes as provided in the agreement.

      3.  If any district attorney shall fail to

comply with the request of any such holder or owner of the bonds, the attorney

general shall forthwith commence such proceedings for and on behalf of the owners

and holders of all of the bonds of such district then outstanding and entitled

to the benefits of such sinking fund tax.

      [Part 72:64:1919; added 1929, 286; NCL § 8090]

      NRS 539.605  Faith and credit of State pledged.  The

full faith and credit of the State of Nevada are hereby pledged that NRS 539.595 to 539.605,

inclusive, shall not be repealed while any such agreements shall remain of

record in the office of the county recorder of any county in this state, nor

shall the provisions of this chapter be amended or changed or modified so as to

impair the efficacy of such tax until all of the bonds of any such district and

the coupons attached thereto which are or may be entitled to the benefits of NRS 539.595 to 539.605,

inclusive, shall have been fully paid and discharged.

      [Part 72:64:1919; added 1929, 286; NCL § 8090]

      NRS 539.607  Issuance of notes authorized to meet obligations of district

after levy of tax; levy and collection of special tax.

      1.  If any installment of taxes has been

levied for the payment of any outstanding bonds or interest of any irrigation

district, the board of directors may issue notes bearing a rate of interest

which must not exceed by more than 5 percent the Index of Revenue Bonds which

was most recently published before the bids are received or a negotiated offer

is accepted. The notes must be payable out of the installment of taxes so

levied and must not be in excess of 75 percent of the levy. The proceeds

derived from those notes may be used only for the purpose of meeting the

obligation of the district for which the tax was levied.

      2.  If the proceeds of the taxes are

insufficient, through delinquency, uncollectibility of taxes or other cause, to

pay, when due, all the lawful debts for which the taxes were levied, the board

of directors shall levy and collect in the next succeeding year a special tax

in addition to all other taxes in an amount sufficient to pay all of such

lawfully contracted indebtedness, and may borrow as provided in this section in

anticipation of that tax to pay off any such lawfully contracted indebtedness.

      [79:64:1919; added 1929, 286; NCL § 8097]—(NRS A

1981, 1420; 1983, 587; 1985, 2065)

      NRS 539.610  Redemption of bonds before maturity: Procedure.

      1.  Whenever after 10 years from the

issuance of bonds the bond fund shall amount to the sum of $10,000, the board

of directors may direct the treasurer to pay such an amount of the bonds not

due as the money in the bond fund will redeem at the lowest value at which they

may be offered for liquidation, after advertising for at least 3 weeks in some

newspaper published in the county in which the office of the district is

located, and in such other newspaper as the board may deem advisable, for

sealed proposals for the redemption of such bonds.

      2.  Such proposals shall be opened by the

board in open meeting at a time to be named in the notice, and the lowest bid

or bids shall be accepted; but no bonds shall be redeemed at a rate above par

except in cases where the bonds are issued subject to call at a rate above par

as provided in NRS 539.615 to 539.635, inclusive.

      3.  In case two or more bids are equal, the

lowest-numbered bond shall have the preference, and if any of the bonds are not

so redeemed, that amount of the redemption money shall be invested by the

treasurer under the direction of the board in United States bonds or the bonds

or warrants of the State or municipal or school bonds, and such bonds and the

proceeds therefrom shall belong to the bond fund.

      [Part 24:64:1919; A 1933, 271; 1931 NCL § 8035]

Refunding Bonds

      NRS 539.613  Issuance authorized without election; purposes; exchange or

sale; lien.

      1.  Any bonds of the district issued in

accordance with the provisions of this chapter or any other statute and payable

from any pledged revenues, assessments or taxes ad valorem, or any combination

thereof, may be refunded by the board, without the necessity of the refunding

bonds being authorized at an election, by the adoption of a resolution by the

board and by any trust indenture or other proceedings appertaining thereto,

authorizing the issuance of refunding bonds to pay, refund and discharge all or

any part of any outstanding bonds of the district, including:

      (a) The acceleration, deceleration or other

modification of the payment of those obligations and any interest thereon in

arrears or to become due for any period not exceeding 3 years from the date of

issuance of the refunding bonds;

      (b) To reduce the interest on the outstanding

bonds;

      (c) To modify or eliminate restrictive

contractual limitations on the issuance of additional bonds, concerning the

outstanding bonds or concerning any facilities appertaining thereto; or

      (d) Any combination of the purposes stated in

paragraphs (a), (b) and (c).

      2.  Any refunding bonds issued may be

delivered in exchange for any outstanding bonds being refunded or may be sold

at a public or private sale.

      3.  The lien for taxes for the payment of

the interest and principal of any refunding bond issue is of equal rank with

the lien of the original bond issue retired thereby.

      [Part 27 1/2:64:1919; added 1925, 137; NCL §

8039]—(NRS A 1977, 1239; 1985, 2065)

      NRS 539.6133  Voluntary surrender or limitation on maturity; limitation on

principal, interest and maturity.

      1.  No bonds may be refunded under this

chapter unless the holders of those bonds voluntarily surrender them for

exchange or payment, or unless they either mature or are callable for prior

redemption under their terms within 25 years from the date of issuance of the

refunding bonds. Provision must be made for paying the bonds within that

period.

      2.  The maturity of any bond refunded may

not be extended beyond 25 years, or beyond 1 year next following the date of

the last outstanding maturity, whichever is later, nor may any interest on any

bond refunded be increased to any rate which exceeds by more than 5 percent the

Index of Revenue Bonds which was most recently published before bids are

received or a negotiated offer for the bonds is accepted.

      3.  The principal amount of the refunding

bonds may exceed, be less than or equal to the principal amount of the refunded

bonds, if sufficient provision is made for their payment.

      (Added to NRS by 1985, 2059)

      NRS 539.6135  Use of proceeds; payment of incidental costs.

      1.  Except as otherwise provided in this

chapter, the proceeds of refunding bonds must be immediately applied to the

retirement of the bonds to be refunded or be placed in escrow or trust in any

trust banks or credit unions within or without or both within and without this

state to be applied to the payment of the refunded bonds or the refunding

bonds, or both, upon their presentation therefor to the extent, in the priority

and otherwise in the manner which the board may determine.

      2.  The incidental costs of refunding bonds

may be paid by the purchaser of the refunding bonds or be defrayed from any

money of the district, subject to appropriations therefor as otherwise provided

by statute, or other available revenues of the district under the control of

the board, from the proceeds of the refunding bonds, from the interest or other

yield derived from the investment of any proceeds of the refunding bonds or

other money in escrow or trust, or from any other sources legally available

therefor, or any combination thereof, as the board may determine.

      (Added to NRS by 1985, 2059; A 1999, 1510)

      NRS 539.6137  Escrow or trust for payment of refunded or refunding bonds.

      1.  Any escrow or trust provided pursuant

to NRS 539.6135 is not necessarily limited to the

proceeds of refunding bonds but may include other money available for its

purpose. Any proceeds in escrow or trust, pending their use, may only be

invested or reinvested in securities which are direct obligations of or which

the principal of and interest on are unconditionally guaranteed by the Federal

Government.

      2.  Any trust bank or credit union shall

continuously secure any money placed in escrow or trust and not so invested or

reinvested in federal securities by a pledge in any trust banks or credit

unions, within or without or both within and without this state, of similar

federal securities in an amount which is at all times at least equal to the

total uninvested amount of the money accounted for in the escrow or trust.

      3.  The proceeds and investments in escrow

or trust, together with any interest or other gain to be derived from any such

investment, must be in an amount at all times at least sufficient to pay the

principal of, interest on and any prior redemption premiums due, any charges of

the escrow agent or trustee and any other incidental expenses payable

therefrom, except to the extent provision may have been previously otherwise

made therefor, as those obligations become due at their respective maturities

or due at the designated prior redemption dates in connection with which the

board has exercised or is obligated to exercise a prior redemption option on

behalf of the district.

      4.  The computations made in determining

that sufficiency must be verified by a certified public accountant licensed to

practice in this state or in any other state.

      (Added to NRS by 1985, 2059; A 1999, 1511)

      NRS 539.614  Source of payment and security; applicability of provisions of

chapter; conclusiveness of board’s determination of compliance with chapter.

      1.  Refunding bonds may be payable from and

secured by any source of revenue or taxes from which the refunded bonds were or

could have been made payable.

      2.  Except as otherwise expressly provided

or necessarily implied in this chapter, the relevant provisions in this chapter

appertaining generally to the issuance of bonds to defray the cost of any

project are equally applicable in the authorization and issuance of refunding

bonds, including their terms and security, the covenants and other provisions

of the resolution authorizing the issuance of the bonds, or other instrument or

proceedings appertaining thereto, and other aspects of the bonds.

      3.  The determination of the board that the

limitations imposed in this chapter upon the issuance of refunding bonds have

been met is conclusive, in the absence of fraud or an arbitrary and gross abuse

of its discretion.

      (Added to NRS by 1985, 2060)

General Provisions

      NRS 539.615  Series and issue of bonds.

      1.  The bonds authorized by vote shall be

designated as a series, and the series shall be numbered consecutively as

authorized.

      2.  The portion of the bonds of the series

authorized to be sold at any time shall be designated as an issue and each

issue shall be numbered in its order.

      [Part 16:64:1919; A 1921, 118; 1929, 286; 1933, 271;

1955, 27]

      NRS 539.617  Consecutive numbering; negotiability and payment; multiples of

$100.  The bonds of such issue

shall be numbered consecutively, commencing with those earliest falling due,

and they shall be designated as 11-year bonds, 12-year bonds, and so forth.

They shall be negotiable in form, and payable in money of the United States as

follows: At the expiration of 11 years from each issue, 5 percent of the whole

number of bonds of such issue; at the expiration of 12 years, 6 percent; at the

expiration of 13 years, 7 percent; at the expiration of 14 years, 8 percent; at

the expiration of 15 years, 9 percent; at the expiration of 16 years, 10

percent; at the expiration of 17 years, 11 percent; at the expiration of 18

years, 13 percent; at the expiration of 19 years, 15 percent; at the expiration

of 20 years, 16 percent; but such percentage may be changed sufficiently so

that every bond shall be in the amount of $100, or a multiple thereof, and the

above provisions shall not be construed to require any single bond to fall due

in partial payments.

      [Part 16:64:1919; A 1921, 118; 1929, 286; 1933, 271;

1955, 27]

      NRS 539.620  Directors may fix and determine time for issuance and maturity;

limit on maturity.  The board of

directors may, with the approval of the Department of Taxation, fix and

determine otherwise than as provided in NRS 539.617

the time for the issuance and maturity of the bonds, the manner, method, terms

and conditions of their payment, and provide for the calling and redeeming of

the bonds before maturity at a premium not in excess of 9 percent above par;

but in no case may the maturity of any bond be more than 50 years after the

date thereof.

      [Part 16:64:1919; A 1921, 118; 1929, 286; 1933, 271;

1955, 27]—(NRS A 1969, 488; 1971, 2128; 1975, 876; 1977, 1240; 1981, 1421)

      NRS 539.623  Form of bonds.

      1.  Bonds shall express on their faces that

they were issued by the authority of this chapter and shall also state the

number of the issue of which the bonds are a part.

      2.  Bonds shall be signed by the president

and the secretary, and the seal of the district shall be affixed thereto.

      3.  Interest coupons shall be attached to

the bonds, which coupons shall be signed by the secretary.

      [Part 16:64:1919; A 1921, 118; 1929, 286; 1933, 271;

1955, 27]

      NRS 539.624  Issuance separately or in combination.  Bonds

for refunding and bonds for any other purpose authorized under this chapter or

by any other statute may be issued separately or issued in combination in one

series or more by the district in accordance with the provisions of this

chapter.

      (Added to NRS by 1985, 2060)

      NRS 539.625  Date of bonds.  All

bonds and coupons must be dated as provided in the resolution of the board

authorizing their issuance.

      [Part 16:64:1919; A 1921, 118; 1929, 286; 1933, 271;

1955, 27]—(NRS A 1985,

2026)

      NRS 539.627  Denominations.  The

bonds shall each be of a denomination of not less than $100.

      [Part 16:64:1919; A 1921, 118; 1929, 286; 1933, 271;

1955, 27]—(NRS A 1969, 489)

      NRS 539.630  Interest.  The bonds

must bear interest at a rate which does not exceed by more than 5 percent the

Index of Revenue Bonds which was most recently published before the bids are

received or a negotiated offer is accepted, payable annually, semiannually or

at such other times as designated by the board.

      [Part 16:64:1919; A 1921, 118; 1929, 286; 1933, 271;

1955, 27]—(NRS A 1969, 489; 1971, 2128; 1975, 877; 1981, 1421; 1983, 588; 1985, 2066)

      NRS 539.633  Places of payment.  The

principal and interest shall be payable at the place designated in the bonds,

which may be at any place within or outside of this state, and any district may

deposit money in one or more banks or credit unions within or outside of this

state for the payment of the principal or interest on such bonds at the place

or places at which the same are payable, or for any other lawful purpose.

      [Part 16:64:1919; A 1921, 118; 1929, 286; 1933, 271;

1955, 27]—(NRS A 1999,

1511)

      NRS 539.635  Record to be kept by secretary and treasurer.  The secretary and the treasurer shall each

keep a record of the bonds sold, their number, the date of sale, the price

received and the name of the purchaser.

      [Part 16:64:1919; A 1921, 118; 1929, 286; 1933, 271;

1955, 27]

      NRS 539.6353  Rights and remedies cumulative.  No

right or remedy conferred upon any holder of any bonds or any trustee for that

holder by this chapter or by any proceedings appertaining to the issuance of

those bonds is exclusive of any other right or remedy, but each right or remedy

is cumulative and in addition to every other right or remedy and may be

exercised without exhausting and without regard to any other remedy conferred

under this chapter or by any other statute.

      (Added to NRS by 1985, 2058)

      NRS 539.6355  Failure of holder of bonds to proceed does not relieve district

of liability.  The failure of any

holder of any bonds to proceed as provided in this chapter or in proceedings

appertaining thereto does not relieve the district, the board or any of the

officers, agents and employees of the district of any liability for failure to

perform or carry out any duty, obligation or other commitment.

      (Added to NRS by 1985, 2059)

Levy and Collection of Ad Valorem Taxes as Additional Security

for Payment of Certain Bonds

      NRS 539.636  Power of board of directors.  In

addition to the other means of providing revenue for districts as provided in

this chapter, the board of directors under certain circumstances as set forth

in NRS 539.636 to 539.6366,

inclusive, or as may be otherwise provided by law, may levy and collect general

(ad valorem) taxes on all taxable property within the district for the purpose

of additionally securing the payment of any bonds issued under the provisions

of this chapter and for the purpose of paying attorney’s fees and other costs

directly related to protecting the supply and distribution of water.

      (Added to NRS by 1963, 1005; A 1965, 87; 1993, 1167)

      NRS 539.6361  Reserve fund from bond proceeds: Creation, accumulation and

maintenance; augmentations.  Any

resolution authorizing the issuance of bonds under the provisions of this

chapter or as may be otherwise provided by law shall provide for the creation,

accumulation and maintenance of a reasonable reserve fund from bond proceeds to

secure additionally the payment of the interest on and the principal of the

bonds. Such reserve fund may be augmented by annual assessments or other

revenues, as the board of directors may determine.

      (Added to NRS by 1963, 1006)

      NRS 539.6362  Payment of deficiency from general fund, reserve fund or other

available revenue; levy of ad valorem tax.

      1.  If the special fund created by the

proceeds of the annual assessments levied and collected pursuant to the

provisions of this chapter is insufficient to pay the principal of and the

interest on the bonds as they become due, the deficiency shall be paid out of

any general fund, reserve fund or any other available revenues of the district.

      2.  If any general fund, reserve fund and

other available revenues of the district are insufficient to pay any such

deficiency promptly, the board of directors shall then levy and it shall be its

duty to levy general (ad valorem) taxes.

      (Added to NRS by 1963, 1005)

      NRS 539.6363  Duties of board of directors in making levy.

      1.  To levy and collect taxes, the board of

directors shall:

      (a) Determine in each year the amount of money

necessary to be raised by general (ad valorem) taxation, taking into

consideration other sources of revenue of the district; and

      (b) Fix a rate of levy which, when levied upon

every dollar of assessed valuation of taxable property within the district and

together with other revenues, will raise the amount required by the district

annually to supply funds for paying promptly in full, when due, all interest on

and principal of bonds of the district.

Ê In the event

of accruing defaults or deficiencies, an additional levy may be made as

provided in NRS 539.6364.

      2.  The board of directors shall certify to

the board of county commissioners of each county within the district, or having

a portion of its territory within the district, at the same time as fixed by

law for certifying thereto tax levies of incorporated cities, the rate so

fixed, with directions that at the time and in the manner required by law for

levying taxes for county purposes, such board of county commissioners shall

levy such tax upon the assessed valuation of all taxable property within the

district, in addition to such other taxes as may be levied by such board of

county commissioners at the rate so fixed and determined.

      3.  The board of directors shall levy such

general (ad valorem) taxes upon all property in the district which is by law

taxable for state, county and municipal purposes, without regard to any

statutory tax limitation now or hereafter existing and without limitation as to

rate or amount, fully sufficient, after making due allowance for probable

delinquencies, to provide for the prompt payment of such bonds as they become

due, both principal and interest, but subject to the limitation of Section 2 of

Article 10 of the Constitution of the State.

      (Added to NRS by 1963, 1006; A 1969, 489; 1979, 1249)

      NRS 539.6364  Considerations in certifying annual levies; additional levies in

event of insufficient revenue.

      1.  The board of directors, in certifying

annual levies as provided in NRS 539.6363, shall

take into account for the ensuing year maturing bonds and interest on bonds,

and deficiencies and defaults of prior years, and shall make ample provision

for the payment thereof.

      2.  In case the moneys produced from such

levies, together with other revenues of the district, are not sufficient

punctually to pay the annual installments on its bonds and interest thereon and

to pay defaults and deficiencies, then the board of directors shall make such

additional levies of taxes as may be necessary for such purposes, and

notwithstanding any limitations, such taxes shall be made and continue to be

levied until the bonds of the district, both principal and interest, shall be

fully paid.

      (Added to NRS by 1963, 1007)

      NRS 539.6365  Payment of taxes to district; lien.

      1.  The body having authority to levy taxes

within each county shall levy the general (ad valorem) taxes provided in this

chapter. All officials charged with the duty of collecting taxes shall collect

such taxes at the time and in the form and manner and with like interest and

penalties as other general (ad valorem) taxes are collected and, when

collected, shall pay the same to the district ordering its levy and collection.

The payment of such collections shall be made monthly to the treasurer of the

district and paid into the depository thereof to the credit of the district.

      2.  All taxes levied under this chapter,

together with interest thereon and penalties for default in payment thereof and

all costs of collecting the same, shall, until paid, constitute a perpetual

lien on and against the property taxed, and such lien shall be on a parity with

the tax lien of other general taxes, and no sale of such property to enforce

any general tax or other lien shall extinguish the perpetual lien of such

district taxes.

      (Added to NRS by 1963, 1007)

      NRS 539.6366  Sale of property for nonpayment of taxes.  If the general (ad valorem) taxes levied are

not paid as provided in this chapter, the property subject to the tax lien

shall be sold, and the proceeds thereof shall be paid over to the district

according to provisions of the laws applicable to tax sales and redemptions.

      (Added to NRS by 1963, 1007)

Bonds Payable From or Secured by Pledge of Net Revenues

      NRS 539.6371  Issuance authorized to finance revenue-producing project.  Any bonds issued to finance or refinance the costs of

a revenue-producing project of the district may be payable solely from, or

additionally secured by, a pledge of the net revenues of that project or the

net revenues of any revenue-producing facility of the district.

      (Added to NRS by 1985, 2055)

      NRS 539.6375  Covenants and other provisions.  Any

resolution of the board providing for the issuance of any bonds additionally

secured by pledged revenues and any indenture or other instrument or

proceedings appertaining thereto may contain covenants or other provisions,

even if those covenants and provisions may limit the exercise of powers

conferred by this chapter, in order to secure the payment of those bonds, in

agreement with the holders of those bonds, including covenants or other

provisions as to any of the following:

      1.  The pledged revenues, the assessments

and the taxes to be fixed, charged or levied and the collection, use and

disposition thereof, including the foreclosure of liens for delinquencies, the

discontinuance of services, facilities or use of any properties or facilities,

prohibition against free service, the collection of penalties and the costs of

collection and the use and disposition of any money of the district, derived or

to be derived, from any source designated in the provisions of this chapter;

      2.  The acquisition or improvement of or

equipment for all or any part of properties pertaining to any project or other

facilities;

      3.  The creation and maintenance of

reserves or sinking funds to secure the payment of the principal of and

interest on any bonds or of the expenses of operation and maintenance of a

project and other facilities, or part thereof, and the source, custody,

security, regulation, use and disposition of any such reserves or funds,

including the powers and duties of any trustee with regard thereto;

      4.  A fair and reasonable payment by the

district from its general fund or other available money for the project and

other facilities or for services rendered thereby to the district;

      5.  The payment of the cost of any project

by delineating the purposes to which the proceeds of the sale of the bonds may

be applied, and the custody, security, use, expenditure, application and

disposition thereof;

      6.  The temporary investment and any

reinvestment of proceeds of bonds, any assessments or any taxes or pledged

revenues, or any combination thereof;

      7.  The pledge of and the creation of a

lien upon pledged revenues and the proceeds of bonds, pending their application

to defray the cost of any project, to secure the payment of bonds issued

pursuant to this chapter;

      8.  The payment of the principal of and

interest on the bonds, and any prior redemption premiums due in connection

therewith, and the sources and methods thereof, the rank or priority of any

bonds as to any lien or security for payment, the acceleration of any maturity

of any bonds, or the issuance of other or additional bonds payable from or

constituting a charge against or lien upon any pledged revenues or other money

pledged for the payment of bonds and the creation of future liens and

encumbrances;

      9.  The use, regulation, inspection,

management, operation, maintenance or disposition, or any limitation on or

regulation of the use, of all or any part of the project and other facilities;

      10.  The determination or definition of net

revenues from the project and other facilities or of the expenses of operation

and maintenance of the project and other facilities, the use and disposition of

those revenues and the manner of and limitations upon paying those expenses;

      11.  The creation of special funds and

accounts appertaining to any pledged revenues or to the bonds;

      12.  The insurance to be carried by the

district or any other person in interest and the use and disposition of money

from the insurance, the acquisition of completion, performance, surety and

fidelity bonds appertaining to any project or funds, or both, and the use and

disposition of any proceeds of those bonds;

      13.  Books of account, the inspection and

audit thereof, and other records appertaining to any project, facilities or

pledged revenues;

      14.  The assumption, payment or discharge

of any obligation, lien or other claim relating to any part of any project, any

facilities or any securities having or which may have a lien on any part of any

pledged revenues or other money of the district;

      15.  Limitations on the powers of the

district to acquire or operate, or permit the acquisition or operation of, any

structures, facilities or properties which may compete or tend to compete with

the project and other facilities;

      16.  The vesting in a corporate or other

trustee of such property, rights, powers and duties in trust as the board may

determine, including any or all of the rights, powers and duties of the trustee

appointed by the holders of the bonds and limiting or abrogating the right of

those holders to appoint a trustee, or limiting the rights, duties and powers

of that trustee;

      17.  Any defaults, rights and liabilities

arising therefrom, and the rights, liabilities, powers and duties arising upon

the breach by the district of any covenants, conditions or obligations;

      18.  The terms and conditions upon which

the holders of the bonds or any portion, percentage or amount of them may

enforce any covenants or provisions made by the district in the resolution or

duties imposed thereby;

      19.  The terms and conditions upon which

the holders of the bonds or of a specified portion, percentage or amount

thereof, or any trustee therefor, are entitled to the appointment of a

receiver, who may enter and take possession of the project and other facilities

or service, operate and maintain them, prescribe fees, rates and charges, and

collect, receive and apply all revenues thereafter arising therefrom in the

same manner as the district might do;

      20.  A procedure by which the terms of any

resolution authorizing bonds, or any other contract with any holders of bonds,

including an indenture of trust or similar instrument, may be amended or

abrogated, and as to the proportion, percentage or amount of bonds the holders

of which must consent thereto, and the manner in which that consent may be

given;

      21.  The terms and conditions upon which

any or all of the bonds become or may be declared due before maturity, and as

to the terms and conditions upon which that declaration and its consequences

may be waived; and

      22.  All such acts as may be necessary,

convenient or desirable in order to secure the bonds, or in the discretion of

the board tend to make the securities more marketable, even if such covenant or

act is not enumerated in this section, to give the board the power to do in the

name and on behalf of the district all things in the issuance of bonds and for

their security, except as expressly limited in this chapter.

      (Added to NRS by 1985, 2055)

      NRS 539.638  Liens.

      1.  Revenues pledged for the payment of any

bonds, as received by or otherwise credited to the district, are immediately

subject to the lien of each pledge without any physical delivery thereof, any

filing or further act.

      2.  The lien of each such pledge and the

obligation to perform the contractual provisions made in the authorizing

resolution or other instrument appertaining thereto has priority over any or

all other obligations and liabilities of the district, except as otherwise

provided in this chapter or in the resolution or other instrument, and subject

to any prior pledges and liens.

      3.  The lien of each such pledge is valid

and binding as against all persons having claims of any kind in tort, contract

or otherwise against the district whether or not those persons have notice

thereof.

      (Added to NRS by 1985, 2057)

      NRS 539.6385  Rights and powers of holders of bonds.  Subject

to any contractual limitations binding upon the holders of any issue or series

of bonds, or trustee therefor, including the restriction of the exercise of any

remedy to a specified proportion, percentage or number of those holders, and

subject to any prior or superior rights of others, any holder of bonds, or

trustee therefor, has the right and power, for the equal benefit and protection

of all holders of bonds similarly situated:

      1.  By mandamus or other suit, action or

proceeding at law or in equity to enforce his or her rights against the

district, the board and any other officers, agents and employees of the

district, to require and compel the district, the board or any such officers,

agents or employees to perform and carry out their respective duties,

obligations or other commitments under this chapter and their respective

covenants and agreements with the holder of any bonds;

      2.  By action or suit in equity to require

the district to account as if it is the trustee of an express trust;

      3.  By action or suit in equity to have

appointed a receiver, who may enter and take possession of the project and

other facilities and any pledged revenues for the payment of the bonds,

prescribe sufficient fees derived from the project and other facilities, and

collect, receive and apply all pledged revenues or other money pledged for the

payment of the bonds in the same manner as the district might do in accordance

with the obligations of the district; and

      4.  By action or suit in equity to enjoin

any acts or things which may be unlawful or in violation of the rights of the

holder of any bonds and to bring suit thereupon.

      (Added to NRS by 1985, 2057)

      NRS 539.639  Trustees and receivers.

      1.  If a resolution of the board

authorizing or providing for the issuance of any bonds of any series or any

other proceedings appertaining thereto contains a provision authorized by

subsection 19 of NRS 539.6375 and further provides

in substance that any trustee appointed pursuant to subsection 16 of NRS 539.6375 has the powers provided by that

subsection, then that trustee, whether or not all of the bonds of that series

have been declared due, is entitled as of right to the appointment of a receiver

of the project and other facilities which generate pledged revenues.

      2.  Any receiver appointed as permitted by

subsection 19 of NRS 539.6375 may enter upon and

take possession of the project and other facilities appertaining thereto, and,

subject to any pledge or contract with the holders of those bonds, shall take

possession of all money and other property derived from or applicable to the

acquisition, operation, maintenance or improvement of the project or other

facilities, proceed with such acquisition, operation, maintenance or

improvement which the board on the behalf of the district is under any

obligation to do, operate, maintain, equip and improve the facilities, fix,

charge, collect, enforce and receive the charges for services and all revenues

thereafter arising subject to any pledge thereof or contract with the holders

of the bonds relating thereto and perform the duties and carry out the

contracts and obligations of the district in the same manner as the board

itself might do and under the direction of the court.

      (Added to NRS by 1985, 2058)

Bonds for Legal Investments

      NRS 539.640  Resolution of district concerning availability of bonds for

legal investments; copy filed with Department of Taxation.  Whenever the board of directors of any

irrigation district organized and existing under and pursuant to the laws of

the State of Nevada by resolution declares that it deems it desirable that any

contemplated or outstanding bonds of the district, including any of its bonds

authorized but not sold, be made available for the purposes provided for in NRS 539.660, the board of directors shall file a

certified copy of such resolution with the Department of Taxation.

      [1:34:1921; NCL § 8217]—(NRS A 1977, 1240)

      NRS 539.643  Investigation of affairs of district; report of Department of

Taxation.  The Department of

Taxation, upon the receipt of a certified copy of such resolution, shall,

without delay, investigate the affairs of the district and report in writing

upon such matters as it may deem essential, and particularly upon the following

points:

      1.  The supply of water available for the

project and the right of the district to so much water as may be needed.

      2.  The nature of the soil as to its

fertility and susceptibility to irrigation, the probable amount of water needed

for its irrigation, and the probable need of drainage.

      3.  The feasibility of the district’s

irrigation system and of the specific project for which the bonds under

consideration are desired or have been used, whether such system and project is

constructed, projected or partially completed.

      4.  The reasonable market value of the

water, water rights, canals, reservoirs, reservoir sites and irrigation works

owned by the district or to be acquired or constructed by it with the proceeds

of any of such bonds.

      5.  The reasonable market value of the

lands included within the boundaries of the district.

      6.  Whether or not the aggregate amount of

the bonds under consideration and any other outstanding bonds of the district,

including bonds authorized but not sold, exceeds 50 percent of the aggregate

market value of the lands within the district and of the water, water rights,

canals, reservoirs, reservoir sites and irrigation works owned, or to be

acquired or constructed with the proceeds of any of the bonds, by the district,

as determined in accordance with subsections 4 and 5.

      7.  The numbers, date or dates of issue,

and denominations of the bonds, if any, which the Department of Taxation finds

are available for the purpose provided for in NRS

539.660, and, if the investigation has covered contemplated bonds, the

total amount of bonds which the district can issue without exceeding the

limitation expressed in subsection 6.

      [2:34:1921; NCL § 8218]—(NRS A 1977, 1240)

      NRS 539.645  Provisions of NRS 539.643

directory only.  The provisions of NRS 539.643 as to the points upon which the Department

of Taxation shall report are directory, and the Department may authorize such

certification when in its opinion, subject to the provisions otherwise

contained in NRS 539.640 to 539.665,

inclusive, its findings justify such action.

      [4:34:1921; NCL § 8220]—(NRS A 1977, 1241)

      NRS 539.647  Certification of bonds by State Controller.

      1.  The written report of the investigation

provided for in NRS 539.640 to 539.665, inclusive, shall be filed in the office of

the State Controller, and a copy of the report shall be forwarded by the

Department of Taxation to the secretary of the district for which the

investigation has been made.

      2.  If the Department finds, as set out in

the report, that the irrigation system of the district and the specific project

for which the bonds under consideration are desired or have been used, whether

such project is constructed, projected or partially completed, are feasible and

that the aggregate amount of the bonds under consideration and any other

outstanding bonds of the district, including bonds authorized but not sold,

does not exceed 50 percent of the aggregate market value of the lands within

the district and of the water, water rights, canals, reservoirs, reservoir

sites and irrigation works owned or to be acquired or constructed with the

proceeds of any of the bonds by the district, the bonds of such irrigation

district, as described and enumerated in the report filed with the State

Controller, shall be certified by the State Controller, as provided for in NRS 539.640 to 539.665,

inclusive.

      3.  If the Department is notified by the

board of directors of any district whose irrigation system has been found in

such report to be feasible that the district has issued bonds and the

Department finds that the bonds are for any project or projects approved in

such report and the amount of the bonds does not exceed the limitation stated

in such report, the Department shall prepare and file with the State Controller

a supplementary report giving the numbers, date or dates of issue, and

denominations of the bonds which shall then be entitled to certification by the

State Controller as provided for in NRS 539.640 to 539.665, inclusive.

      4.  Subsequent issues of bonds may be made

available for the purpose specified in NRS 539.640

to 539.665, inclusive, upon like proceedings by the

district, but, after any of the bonds of an irrigation district have been

enumerated and described as entitled to certification by the State Controller,

it is unlawful for that district to issue bonds that will not be entitled to

such certification.

      5.  The State Controller shall:

      (a) Provide for filing and preserving the reports

mentioned in this section; and

      (b) Make, keep and preserve a record of the bonds

certified in accordance with the provisions of NRS

539.655, including the date of certification, the legal title of the

district, the number of each bond, its par value, the date of its issue and

that of its maturity.

      [3:34:1921; NCL § 8219]—(NRS A 1977, 1241)

      NRS 539.650  Expenditures from construction fund after certification of bonds

prohibited without consent of Department of Taxation.  After

the bonds of any irrigation district have been certified, as provided in NRS 539.640 to 539.665,

inclusive, no expenditure of any kind may be made from the construction fund of

such district without the consent of the Department of Taxation, and no

obligation may be incurred chargeable against such fund without previous

authorization of the Department, nor may any expense of any kind be incurred in

excess of money actually provided by levy of assessment or otherwise.

      [5:34:1921; NCL § 8221]—(NRS A 1977, 1242)

      NRS 539.653  Progressive construction: Certification of bonds as needed;

prior approval of Department of Taxation if all bonds certified.

      1.  Whenever the survey, examinations,

drawings and plans of an irrigation district, and the estimate of cost provides

that the works necessary for a completed project shall be constructed

progressively over a period of years in accordance with a plan or schedule

adopted by resolution of the board of directors of the district, it is not

necessary for the Department of Taxation to certify at one time all of the

bonds that have been voted for the completed project; but such bonds may be

certified from time to time as needed by the district.

      2.  If the Department certifies all of the

bonds necessary for the completed project, even if the project is to be

constructed progressively over a period of years in accordance with the

resolution of the board of directors, the bonds so voted and certified shall

only be sold after prior written approval of the Department.

      [6:34:1921; NCL § 8222]—(NRS A 1977, 1242)

      NRS 539.655  Form of certificate of State Controller; facsimile signature

authorized.

      1.  Whenever any bond of an irrigation

district organized and existing under and pursuant to the laws of the State of

Nevada, including any bond authorized in any such district but not sold, which

is eligible to certification by the State Controller under NRS 539.647, is presented to the State Controller, the

State Controller shall attach a certificate in substantially the following

form:

 

                        Carson

City, Nevada................................... (insert date).

       I, ........................,

State Controller of the State of Nevada, do hereby certify that the within

bond, No. ..... of issue No. ........ of the ................ Irrigation

District, issued ................ (insert date), is, in accordance with NRS 539.640 to 539.665,

inclusive, a legal investment for all trust funds and for the money of all

insurance companies, banks, both commercial and savings, credit unions, trust

companies, and any money which may be invested in county, municipal or school

district bonds, and it may be deposited as security for the performance of any

act whenever the bonds of any county, city or school district may be so

deposited, it being entitled to such privileges by virtue of an examination by

the Department of Taxation in pursuance of NRS 539.640

to 539.665, inclusive. The within bond may also be

used as security for the deposit of public money in banks or credit unions in

this state.

 

                                .......................................................................................

                                         State

Controller of the State of Nevada

 

      2.  In case of a change in the constitution

or any of the laws of this state relating to the bonds of irrigation districts,

the State Controller shall, if necessary, modify the above certificate so that

it conforms to the facts.

      3.  A facsimile of the State Controller’s

signature, printed or otherwise, impressed upon the certificate is a sufficient

signing thereof.

      [7:34:1921; NCL § 8223]—(NRS A 1969, 148; 1977, 1242;

1983, 1699; 1999,

1511)

      NRS 539.657  District to pay expenses of investigation and report.  All necessary expenses incurred in making the

investigation and report provided for in NRS 539.640

to 539.665, inclusive, shall be paid as the

Department of Taxation may require by the irrigation district whose property

has been investigated and reported on by the Department; but the benefit of any

services that have been performed and any data that have been obtained by the

Department or any other public official, in pursuance of the requirements of

any law other than NRS 539.640 to 539.665, inclusive, shall be made available for the

use of the Department of Taxation without charge to the district whose affairs

are under investigation.

      [9:34:1921; NCL § 8225]—(NRS A 1977, 1243)

      NRS 539.660  Bonds as legal investments and security.

      1.  All bonds certified in accordance with

the terms of NRS 539.640 to 539.665,

inclusive, are legal investments for all trust funds, and for the money of all

insurance companies, banks, both commercial and savings, credit unions and

trust companies.

      2.  Whenever any money may, by law now or

hereafter enacted, be invested in bonds of cities, counties, school districts

or municipalities in the State of Nevada, such money may be invested in the

bonds of irrigation districts, and whenever bonds of cities, counties, school

districts or municipalities may by any law now or hereafter enacted be used as

security for the performance of any act, bonds of irrigation districts under

the limitations in NRS 539.640 to 539.665, inclusive, provided it may be so used.

      [10:34:1921; NCL § 8226]—(NRS A 1977, 1243; 1999, 1512)

      NRS 539.663  Bonds of irrigation districts of other states as legal

investments; limitations.  The

bonds of irrigation districts of other states having similar laws for

certification thereof may be used in like manner as the bonds of irrigation

districts of this state where the laws of such state permit a like use to be

made of bonds of irrigation districts of this state.

      [11:34:1921; NCL § 8227]

      NRS 539.665  Faith of State of Nevada pledged.  The

faith of the State of Nevada is hereby pledged that any law under which

irrigation district bonds are issued shall not be repealed, nor taxation

thereby imposed omitted, nor such law be so amended as to impair the security

of such bonds, until all the bonds and coupons issued under and by virtue

thereof have been paid in full as specified and provided in such law.

      [12:34:1921; NCL § 8228]

ASSESSMENTS

      NRS 539.667  Secretary is district assessor; preparation of assessment book

annually; contents of assessment book.

      1.  The secretary of the board of directors

shall be the assessor of the district. On or before January 15 of each year the

secretary shall prepare an assessment book containing a full and accurate list

and description of all the land of the district, and a list of the persons who

own, claim or have possession or control thereof during the year, giving the

number of acres listed to each person.

      2.  If the name of the person owning,

claiming, possessing or controlling any tract of land is not known, it shall be

listed to “unknown owner.”

      [25:64:1919; A 1923, 289; 1927, 309; 1954, 20]

      NRS 539.670  Levy of assessments and tax by board; computation and entry in

assessment book.

      1.  At its regular meeting in February the

board of directors shall fix the rate and levy an assessment upon the lands in

the district, in accordance with the provisions of this chapter, which levy and

assessment shall be sufficient to raise the annual interest on the outstanding

bonds or any contractual obligation.

      2.  At the expiration of 10 years after a

bond issue or such other period as may be authorized, the board must increase

the assessment as may be necessary from year to year to raise a sum sufficient

to pay the principal of the outstanding bonds of that issue as they mature, and

must increase the assessment in such amount as may be necessary from year to

year to raise a sum sufficient to pay the principal of any outstanding

contractual obligation, as such principal may be required to be paid under the

terms of the contract.

      3.  The board may levy a tax upon the lands

in the district either upon the same pro rata basis as benefits may have been

apportioned, or otherwise, as the case may be, in order to secure such funds as

may be deemed necessary to replace any deficit that may occur in a fund created

for the repayment of a district obligation by reason of tax delinquencies.

      4.  The secretary of the board shall

compute and enter in a separate column of the assessment book or books the

respective sums to be paid as an assessment on the property therein enumerated.

      5.  Except as otherwise provided herein,

assessments made for any of the other purposes of this chapter shall be made

and levied as above provided and entered in appropriate columns of the

assessment book or books.

      [Part 27:64:1919; A 1921, 202; 1923, 289; 1925, 203;

1927, 309; 1954, 20]

      NRS 539.673  Assessment by district board of land escaping assessment.  If any land within the district subject to assessment

for the purposes of the district has not been assessed by the assessor or does

not appear upon the district assessment roll adopted by the board of directors

as the basis of assessment for the district, the land so omitted shall be

assessed by the board of directors to the person or persons known or unknown

who own, control or have possession thereof, and a description of the property

so omitted shall be written in the roll prescribed for the purpose of district

assessments, and all proper charges shall be levied thereon.

      [Part 45 1/2:64:1919; added 1923, 289; NCL § 8061]

      NRS 539.675  Use of preceding assessments for succeeding years; deemed

regular levy.

      1.  Where the last preceding assessment

made will raise a sufficient revenue for the purposes of NRS

539.670, in the event no other assessment is made, such assessment shall be

deemed to have been levied for succeeding years, so long as it will produce the

revenue required, and the taxes shall be collected in the same manner, and all

officers shall perform the same duties in respect thereto, as though such

assessment had been made for the particular year by the board of directors of

the district.

      2.  Where the assessment which should have

been levied can be determined by a mere mathematical computation based on the

relation between the amount to be raised for interest or interest and the

redemption of bonds for any particular year and the apportionment of benefits

in the district, such assessment shall be deemed to have been made, and the

taxes based thereon shall be collected the same as though such assessment had

been regularly levied by the board of directors of the district.

      [Part 27:64:1919; A 1921, 202; 1923, 289; 1925, 203;

1927, 309; 1954, 20]

      NRS 539.677  Levy of assessments by county commissioners or Department of

Taxation; duties of district attorney and Attorney General.

      1.  In case of failure or refusal of the

board of directors to levy an assessment as provided in NRS

539.670, then, if such assessment has not otherwise been levied, the board

of county commissioners of the county in which the office of the district is

located shall levy such assessment at its next regular meeting or at a special

meeting called for such purpose.

      2.  The Department of Taxation, at any time

upon obtaining knowledge of such failure or refusal, shall levy such assessment

forthwith.

      3.  The district attorney of the county in

which the office of any irrigation district is located, at the time such

assessment should be made, shall ascertain the fact in respect to the same, and

if such assessment has not been made by the board of directors as required, the

district attorney shall immediately notify the board of county commissioners,

the Department of Taxation and the Attorney General in respect to such failure.

The district attorney and the Attorney General shall aid in obtaining the

earliest possible assessment following such failure or refusal of the district

board to act.

      [Part 27:64:1919; A 1921, 202; 1923, 289; 1925, 203;

1927, 309; 1954, 20]—(NRS A 1977, 1244)

      NRS 539.680  Correction of assessments; notice of time of meeting to correct

assessments; retention of assessment book in district office for inspection;

changes in assessments.

      1.  The board shall meet at its regular

monthly meeting in March of each year to correct assessments and may at such

meeting correct assessments so as to conform with the benefits apportioned as

provided for in this chapter to pay obligations incurred or make up

deficiencies arising from any source, and also to apportion and distribute

benefits and assessments by reason of additional land in the district becoming

subject thereto.

      2.  The secretary shall publish notice of

such meeting for 2 weeks in a newspaper published in the county in which the

district was organized. In the meantime the assessment book or books shall

remain in the office of the secretary for the inspection of all interested persons.

      3.  The board of directors, which is hereby

constituted a board of correction for the purpose, shall meet and continue from

day to day as long as may be necessary, not to exceed 5 days, exclusive of

holidays, and may make such changes in the assessment book or books as may be

necessary to have it conform to the facts.

      4.  Within 10 days after the close of the

season the secretary of the board shall have the corrected assessment book or

books completed.

      [26:64:1919; A 1921, 118; 1923, 289; 1927, 309; 1954,

20]

      NRS 539.683  Collection of assessments: Procedure; duties of county and

district officers.

      1.  An assessment roll shall be made up for

the lands in each county in which the district is situated, and the secretary

of the board of directors shall forthwith certify a duplicate of the same not

later than May 15 of each year to the county auditor, or county auditors, as

the case may be, who shall adopt the assessment roll in its entirety without

alteration or change as a part or unit of the tax rolls of the county or

counties.

      2.  The county treasurer shall separately

itemize the items of such assessment roll on the statement of state and county

taxes.

      3.  The assessments when levied and

enrolled shall become due and delinquent at the same time and be subject to the

same penalties and shall be collected by the same officers and in the same

manner as state and county taxes.

      4.  The county auditor, district attorney,

county clerk and county treasurer shall do and perform all acts necessary to

accomplish the collection of the same with penalties, the sale for delinquency,

the redemption of the lands involved, and the remittance of all proceeds to the

district treasurer.

      5.  The secretary of the board of

directors, at the time of delivering the duplicate assessment roll of the

district to each county auditor, shall attach thereto, in some suitable form, a

recapitulation list showing the name or names of each person, corporation or

association listed in the assessment roll and the amount of money assessed and

to be collected by the county treasurer or tax collector, which recapitulation

list shall be delivered by the county auditor to the county treasurer with the

duplicate assessment roll. The county treasurer shall insert after each name,

in proper columns provided for that purpose in the duplicate assessment roll

and in the recapitulation list, the amount paid by each person, or persons,

corporation or association appearing on the assessment roll, or by stamping the

word “Paid” after each sum, if the assessment is paid in full.

      6.  The recapitulation list shall be

redelivered by the county treasurer to the district treasurer, together with

the full amount of moneys collected, not later than the 15th day of the month

upon which each installment of taxes becomes due and delinquent, and for the

purpose of enabling the county treasurer to redeliver to the district treasurer

the recapitulation list after each installment of taxes becomes due and

reporting thereon the collection of taxes made by him or her not theretofore

reported, the district treasurer shall, before each installment of taxes

becomes due, redeliver to the county treasurer the recapitulation list.

      7.  The county treasurer, prior to the time

of redelivery of the recapitulation list and report to the district treasurer,

shall, in each instance, report to the county auditor the amount of money which

the county treasurer has collected for and on behalf of the district since the

last report, and thereupon the county auditor shall draw his or her warrant for

the same, placing the same in the hands of the county treasurer, who is

authorized to pay the moneys to the district treasurer at the time of

delivering the recapitulation list and report.

      [29:64:1919; A 1927, 309; 1933, 271; 1935, 135; 1954,

20]

      NRS 539.685  Addition of unpaid tolls and charges to assessment levies.  Whenever any tolls or charges for the use of

water and other charges for services rendered by an irrigation district have

been fixed by the board of directors it shall be lawful to make the same

payable in advance, and in case such tolls or charges remain unpaid at the time

specified in this chapter for levying the annual assessment, the amount due for

such tolls and charges may be added to and become a part of the assessment levied

upon the land upon which the water for which such toll or charges levied and

remain unpaid was used.

      [Part 45 1/2:64:1919; added 1923, 289; NCL §

8061]—(NRS A 1969, 510)

      NRS 539.687  Assessment as lien against property; bond lien as preferred

lien.

      1.  An assessment is a lien against the

property assessed from and after the time such assessment is made.

      2.  The lien of the bonds of any series

shall be a preferred lien to that of any subsequent series, and such lien is

not removed until the assessments are paid or the property sold for the payment

thereof.

      [28:64:1919; A 1921, 118; NCL § 8040]

      NRS 539.690  Special assessments: Procedure for levy; election; authority to

levy assessments for number of years for specific purposes.

      1.  The board of directors of a district

may, at any time when deemed advisable, submit to the qualified electors of the

district at a special election, district election or primary or general state

election the question of whether a special assessment shall be levied for the purpose

of raising money to be applied to any of the purposes provided in this chapter.

      2.  The election must be held and the

result thereof determined and declared in all respects in conformity with the

provisions of this chapter in respect to bond elections.

      3.  The notice must specify the amount of

money proposed to be raised and the purpose for which it is intended to be

used, and whether an equal rate of assessment or a special apportionment of

benefits is to be made in that relation if either is proposed.

      4.  At the election, the ballots must

contain the words “Assessment—Yes,” or “Assessment—No.”

      5.  If two-thirds or more of the votes cast

are “Assessment—Yes,” the board shall immediately proceed to apportion the

benefits, if that apportionment is to be made, and to levy an assessment

sufficient to raise the amount voted.

      6.  The assessment so levied must be

entered in the assessment book or books by the secretary of the board and

collected in the same manner as other assessments provided for in this chapter

and when received by the treasurer of the district must be deposited and kept

in the construction fund.

      7.  At the election, there may be submitted

the proposition of authorizing the board of directors to levy each year for a

stated number of years assessments not exceeding a stated amount per acre to

provide a fund from which repairs may be made and replacement and extensions of

existing works may be constructed and paid for as the necessity arises. In that

case, if a general description of the proposed undertaking is provided, no

plans and specifications are required to be provided in advanced. If the

proposition is approved by two-thirds of the electors, the board may levy the

assessment and it must be collected as other assessments are collected pursuant

to this chapter. Money realized from the assessments must be deposited and kept

in the general fund and disbursed by the treasurer in accordance with the

direction of the board or rules and regulations established by it.

      [48:64:1919; 1919 RL p. 3286; NCL § 8064]—(NRS A 1993, 1088)

      NRS 539.693  Sale of land in district because of delinquency in payment of

tax; land sold subject to accrued and accruing liens for charges, tolls,

assessments and taxes.

      1.  Whenever the county officers designated

in NRS 539.683 shall sell any of the lands in the

district because of delinquencies in the payment of district, state or county

taxes, the lands shall be sold subject to the accrued and accruing liens for

district assessments, charges and tolls against the same; and under no

circumstances shall the water and water rights of the district be included or

sold at such delinquent sales unless and until all district taxes, assessments,

charges and tolls against such lands shall have been first fully paid to the

district.

      2.  Unpaid and accruing district assessments,

taxes, charges and tolls against such lands sold at delinquent tax sales shall

continue a charge and lien against such lands, and any purchaser of such lands,

except the district itself, shall take the same subject to the payment by the

purchaser of all such accrued and accruing charges, tolls, assessments and

taxes in addition to the purchase price of the land.

      [Part 29 1/2:64:1919; added 1927, 309; A 1929, 286;

1933, 271; 1935, 135; 1931 NCL § 8042]

      NRS 539.695  Procedure for summary foreclosure of lien for accrued charges,

tolls or assessments; notice of sale; sale for delinquency in taxes.

      1.  In any and all cases where solely on

account of delinquent district taxes, charges, tolls or assessments any lands

in the district have been sold or may hereafter be sold at a delinquent tax

sale, either to the county or to any other person, firm, corporation or

association, except the district, and the period of redemption has or shall

have expired, the lien for all accrued district assessments, charges and tolls

against the same may be summarily foreclosed by giving notice of sale in

substantially the same manner and for the same time as required by law for

delinquent tax sales by the county treasurer.

      2.  The county treasurer shall and is

hereby directed immediately to give notice of such sale within 5 days after

receiving written demand to make such sale from the secretary of the district

to the effect that the board of directors of the district has ordered the

foreclosure of the lien.

      3.  The county treasurer shall conduct such

sale in substantially the same manner as delinquent tax sales are now conducted

by the county treasurer.

      4.  If there are no other bidders at such

sale or a sale cannot be made for sufficient to pay the lien for all accrued

district taxes, assessments, charges and tolls, including penalties and cost of

advertising, then the county treasurer shall bid in the lands and appurtenances

in the name of and for the district. There shall be no right of redemption from

such sale and the title shall thereupon become absolute in the district. The

county treasurer shall immediately execute a deed for the lands and

appurtenances in the name of the district and deliver the same to the secretary

of the district to be immediately recorded with the county recorder of the

county where the land is situated.

      5.  In cases where lands and appurtenances

in the district are sold at a delinquent tax sale on account of delinquent

state and county taxes as well as for delinquent district taxes, charges, tolls

or assessments, then the county treasurer shall bid in such lands for the

district and county jointly in cases where there is no other bidder for the

same. In such cases the county shall be deemed to be holding the title for both

the county and the district in the proportion of their respective tax claims

against the same. Such lands and appurtenances shall thereafter be disposed of

at a summary sale in the manner hereinabove provided, except that no sale shall

be made for a price less than the whole amount of delinquent taxes, penalties

and costs of both county and district.

      6.  The board of county commissioners may

compromise the amount of state and county tax to be included in such sale price

if the full amount cannot be obtained at such sale, but if the sale is made to

the district, the latter shall not be required to make payment of any part of

the delinquent state and county taxes which may have been a charge against such

land, but shall take the same free of any lien based thereon.

      [Part 29 1/2:64:1919; added 1927, 309; A 1929, 286;

1933, 271; 1935, 135; 1931 NCL § 8042]

      NRS 539.697  Distribution and sale of water acquired at sale for delinquent

tax or summary foreclosure.  The

board shall not, however, sell or dispose of water appurtenant to, apportioned,

or allotted to the lands acquired at delinquent tax sales, or at summary sales,

until and unless the remaining lands in the district under irrigation to which

benefits have been apportioned by the district and which are entitled to

receive water from the district pursuant to the apportionment of benefits, and

from the same source of supply, shall have a sufficient and adequate water

supply available for such irrigated areas as have been apportioned benefits.

The board of directors shall distribute such waters acquired at delinquent tax

sales or at summary foreclosure sales among the remaining nondelinquent

landowners in the district entitled to receive water from the district in, as

near as may be, the same proportion as fixed by the original apportionment of

benefits for the remaining nondelinquent lands. In case the water right

appurtenant to land acquired at a delinquent sale shall be based upon a

contract with the United States, the district may, with the consent of the

United States, make any desired disposition of such water right.

      [Part 29 1/2:64:1919; added 1927, 309; A 1929, 286;

1933, 271; 1935, 135; 1931 NCL § 8042]

      NRS 539.700  Exclusion of land from benefits if land sold for delinquent

taxes or assessments: Consent of bondholders and others.  Whenever any lands in the district have been

sold for delinquent irrigation district taxes or assessments or for delinquent

state and county or other taxes, and the title of such lands has passed as

provided by law, either to the county or to the irrigation district, and the

period of redemption has expired, the board of directors of the district shall

have the power by and with the written consent of the bondholders holding 100

percent of the outstanding bonds of the district, or in case of a contract with

the United States constituting a lien upon the lands, then also with the

written consent of the Secretary of the Interior, or in case there are

outstanding certificates of indebtedness which constitute a lien upon the lands

of the district, then with the written consent of the holders of 100 percent of

those holding such certificates of indebtedness, to exclude such lands, or any

part thereof, from further participation in the benefits of the district, and

particularly to exclude such lands or any part thereof from any further right

to receive from the district either under an apportionment of benefits or any

other waters of the district.

      [Part 29 3/4:64:1919; added 1937, 372; A 1953, 379]

      NRS 539.703  Water and water rights become part of general supply when land

excluded from further participation in benefits.  Whenever

the board of directors of the district shall have adopted a resolution

excluding such lands from further participation in the benefits of the district

and from the right to receive district waters, the water or water rights

theretofore apportioned to the lands shall be and become a part of the general

water supply of the district and apportioned among the remaining nondelinquent

lands in the same proportion as such remaining nondelinquent lands have been

apportioned benefits, not in excess, however, of an adequate water supply for

such remaining land based upon the duty of water recognized by the district;

but in case the water right appurtenant to land acquired at a delinquent sale shall

be based upon a contract with the United States the district may, with the

consent of the United States, make any desired disposition of such water right.

      [Part 29 3/4:64:1919; added 1937, 372; A 1953, 379]

      NRS 539.705  Land excluded from participation in benefits: Transfer of

storage rights and benefits apportioned to other land.

      1.  The owner of land excluded from

participation in the benefits of the district, that is, stripped of storage

water and benefits under the provisions of NRS 539.700

and 539.703, may petition the board of directors to

transfer to such stripped land the storage rights and benefits apportioned to other

land. Upon the hearing of the petition the board of directors may at its

discretion grant or refuse the transfer in whole or in part. In exercising its

discretion the board of directors shall consider the effect of the proposed

change on the cost of water for other holders of water rights in the district,

the district’s efficiency in its delivery or use of water, the existing water

rights in the affected land and the public interest.

      2.  The petition must:

      (a) Be in writing and under oath.

      (b) Describe the land and acreage from which it

is proposed to transfer the storage water and benefits.

      (c) Specify the amount of storage water and

benefits proposed to be transferred.

      (d) Describe the land and acreage to which the

transfer of storage water and benefits is proposed to be made.

      (e) List in detail all liens existing against

each parcel of land.

      3.  Upon receipt of the petition, together

with the sum of money required for advertising, the secretary of the board

shall cause notice of the application and the date of hearing thereof to be

given by posting for a period of not less than 10 days and also by two

publications 7 days apart in a newspaper of general circulation in the county

in which the land is situated, during such period.

      4.  Any person interested in the proposed

transfer may file a written protest thereto at any time before the hearing day.

The protest must be considered by the board of directors in exercising its

discretion to grant or refuse the requested transfer.

      5.  The board of directors may consider the

application at any regular or special meeting, but not sooner than 14 days

after the first date of publication.

      6.  At the hearing a full record of all

proceedings must be taken and spread upon the minutes. If the petition proposes

to change the point of diversion or manner of use, the board of directors shall

not make any order on the petition until such time as an appropriate permit is

secured from the State Engineer in accordance with chapter

533 of NRS authorizing the change.

      7.  The petition, notices, protests,

resolutions and all subsequent proceedings in relation to the application must

be file marked and preserved for record purposes. If the board of directors

grants all or a part of the transfer requested, a certified copy thereof must

be recorded in the office of the county recorder of the county in which the

land to be affected is situated, and thereafter the recorded copy must be

delivered to the petitioner upon payment of the recording fees.

      8.  To the extent that the transfer is

granted it constitutes a waiver and relinquishment on the part of the district

of all restrictive covenants and provisions against the use of storage water

and benefits on the land contained in any deed executed by the board of

directors.

      9.  From and after the granting of any

transfer of storage water and benefits, the land from which the water and

benefits are taken must have the status of stripped land, must be excluded from

participation in the benefits of the district, and must receive no further

storage water or benefits unless storage water and benefits are restored to the

land under the provisions of this section, and all land to which the storage

water and benefits are transferred must be treated in all respects as though it

had never become delinquent and had never been stripped of storage water and

benefits and denied the benefits of the district.

      10.  Any person aggrieved by the order of

the board of directors may, within 30 days after the entry of the order,

petition the district court of the county in which the office of the board of

directors is located to set the same aside for such order as may be proper.

      [Part 29 3/4:64:1919; added 1937, 372; A 1953,

379]—(NRS A 1995,

795)

INCLUSION AND EXCLUSION OF LANDS

      NRS 539.708  Petition for annexation: Contents; inclusion of lands within

municipal corporation.

      1.  The holder or holders of any title or

evidence of title, as defined in NRS 539.020 and 539.023, representing one-half or more of any lands

adjacent to or in the vicinity of an irrigation district, whether contiguous or

not, and which are susceptible of irrigation or drainage, or both, by the

district system, or combined systems of works, may file with the board of

directors of the district a petition, in writing, setting forth that those

lands are susceptible of irrigation or drainage, or both, as the case may be,

by the district system or systems, and praying that the land be annexed.

      2.  The petition must describe the land and

also describe the several parcels owned by the petitioners.

      3.  All or any portion of the lands in any

city in which the vote for mayor at the last preceding election was not less

than 550 votes and not more than 1,000 votes, may in the same manner be

included within the boundaries of any irrigation district if the lands are

susceptible of irrigation or drainage, or both, by the district system or

systems, and upon their inclusion the lands in the city, town or municipal

corporation are subject to all of the provisions of this chapter.

      (Added to NRS by 1967, 1613; A 1989, 1175; A 1989, 1175)

      NRS 539.712  Notice of filing of petition for annexation: Posting; contents;

advancement of costs by petitioners.

      1.  The secretary shall cause a notice of

the filing of such petition to be given for 3 consecutive weeks by posting in

five public and conspicuous places in the district, with at least one posting

in each division thereof.

      2.  The notice shall:

      (a) State the filing of such petition.

      (b) State the names of the petitioners.

      (c) Contain a description of the lands mentioned

in the petition, sufficient to identify the same.

      (d) Notify all persons interested in or who may

be affected by such change of boundaries of the district to appear at the

office of the board at a time named in the notice and show cause, in writing,

if any they have, why the lands mentioned should not be annexed to the

district.

      3.  The petitioner or petitioners shall

advance to the district treasurer sufficient money to pay the estimated cost of

these proceedings.

      (Added to NRS by 1967, 1614)

      NRS 539.714  Hearing on annexation petition.

      1.  The board of directors, at the time

mentioned in the notice, or at any other time to which the hearing may be

adjourned, shall hear the petition and all the objections thereto.

      2.  The failure of any person to show cause

as provided in NRS 539.712 shall be taken as an

assent on that person’s part to a change of the boundaries of the district so

as to include the whole or part of the land mentioned in the petition.

      (Added to NRS by 1967, 1614)

      NRS 539.716  Conditions precedent to annexation; apportionment and assessment

of benefits.

      1.  The board of directors may require as a

condition to the granting of the petition that the petitioners shall pay to the

district such sums as nearly as the same can be estimated as the petitioners or

their grantors would theretofore have been required to pay had such lands been

included in the district at the time the same was originally organized, and may

apportion such benefits as are just and equitable to such lands in accordance

with the benefits derived or which will accrue to each tract or subdivision thereof

from the construction or proposed construction of a drainage works or other

works, or the purchase or proposed purchase of any works for the district.

      2.  The board of directors shall examine

each tract or legal subdivision of such annexed lands or proposed annexed lands

and shall determine the benefits which will accrue or which have accrued, and

such lands shall be apportioned their pro rata share of the cost of such works

in proportion to the benefits derived by the lands therefrom.

      3.  The board shall make or cause to be

made a list of such apportionment or distribution, which list shall contain a

complete description of each subdivision or tract of land so annexed or

proposed to be annexed with the rate per acre of such apportionment or distribution

and the name of the owner thereof, or it may prepare a map on a convenient

scale showing each of the subdivisions or tracts with the rate per acre of such

apportionment entered thereon; but where all or any portion of the lands are

apportioned benefits by the board at the same rate, a general statement to that

effect shall be sufficient.

      4.  Whenever thereafter an assessment is

made, either in lieu of bonds or an annual assessment for raising the interest

on bonds, or any portion of the principal, or the expenses of maintaining the

property of the district, or any special assessment voted by the electors, it

shall be spread upon the lands in the same proportion as the assessments of

benefits. The benefits arising from the undertakings for which special assessments

are made may be distributed equally over the lands, or especially apportioned,

and assessments or tolls and charges may be made or imposed as provided in this

chapter, when coming within the designation of operation and maintenance

charges, by way of a minimum stated charge per acre, whether water is used or

not, and a charge for water used in excess of the amount delivered for the

minimum charge, or such other reasonable method of fixing or collecting the

operation and maintenance charge as the board of directors may adopt.

      (Added to NRS by 1967, 1614)

      NRS 539.718  Order of annexation: Contents; survey.

      1.  The board of directors, if it deems it

not for the best interest of the district to include therein the lands

mentioned in the petition shall reject all or any part of the same.

      2.  If the board deems it for the best

interests of the district, and if no objections to the annexation of the lands

have been filed as required in this chapter, the board may order, without any

election, that the lands mentioned in the petition or any part thereof be

annexed to the district. The order shall describe the lands so annexed, and the

board shall cause a survey thereof to be made if deemed necessary.

      (Added to NRS by 1967, 1615)

      NRS 539.722  Resolution approving annexation notwithstanding electors’

objections: Adoption; contents.  If

40 percent of the total number of registered electors as evidenced by the total

registration at the last preceding election file objections in writing to the

annexation of the lands, or any part thereof, mentioned in the petition, and if

the board notwithstanding deems it for the best interests of the district to

include the lands mentioned in the petition, or some part thereof, the board

shall adopt a resolution to that effect. The resolution shall describe the

lands proposed to be included in the district.

      (Added to NRS by 1967, 1615)

      NRS 539.724  Election on question of annexation: Notice; procedure; form of

ballots.

      1.  Upon the adoption of the resolution

mentioned in NRS 539.722, the board shall submit to

the voters of the district at the next district election or primary or general

state election the question of whether the lands described in the resolution

shall be annexed to the district.

      2.  Notice of the election must be

published and the election conducted in the manner prescribed by this chapter

for the issuance of bonds of the district.

      3.  The notice of election must describe

the lands proposed to be annexed to the district.

      4.  The ballots cast at the election must

contain the words “for annexation,” or “against annexation,” or expressions

equivalent thereto.

      (Added to NRS by 1967, 1615; A 1993, 1089)

      NRS 539.726  Order of annexation following election: Contents; recording.

      1.  If at such election a majority of all

the votes cast is against annexation, the board shall proceed no further in the

matter.

      2.  If a majority of such votes is in favor

of annexation, the board shall thereupon order that the boundaries of the

district be changed to include the lands to be so annexed and cause a copy of

such order, together with a plat of the lands, each certified to by the

secretary of the board, to be filed for record in the office of the county

recorder of the county or counties in which such lands are situated.

      3.  The order shall describe the land so

annexed and thereafter such lands shall be subject to all the provisions of

this chapter. Immediately after the filing for record of the order annexing the

lands, the directors shall state on their minutes to which division or

divisions in the district the lands shall be attached, or may redivide the

district to accommodate the lands.

      (Added to NRS by 1967, 1615)

      NRS 539.728  Apportionment of benefits following annexation: Compliance with

statutes.  If the lands are annexed

to the district as provided in this chapter, and the board of directors

apportions benefits to such annexed lands as provided in this chapter, the

provisions of NRS 539.563, 539.565

and 539.567 shall, insofar as applicable, be

complied with.

      (Added to NRS by 1967, 1616)

      NRS 539.732  Lands in one district not to be included in another district.  No lands while they remain within a district

shall be included in any other district.

      (Added to NRS by 1967, 1616)

      NRS 539.734  Inclusion within district of state lands and state lands held

under contract to purchase.

      1.  Whenever state lands held under

contract to purchase are included within the boundaries of any irrigation

district, such lands shall be subject to all the provisions of this chapter the

same as any other land held in private ownership.

      2.  State lands, not under contract to

purchase, shall not become a part of an irrigation district except by the

consent of the State Land Registrar, who is authorized and required to consent

thereto on behalf of the State upon there being filed in his or her office a

certificate signed by the State Engineer to the effect that such lands will be

benefited by inclusion therein.

      3.  District assessments, charges and tolls

against such lands not under contract shall become a charge against the lands,

and any sale or contract to sell any such lands thereafter shall be conditioned

upon the payment, by the purchaser or contractor, of all such accrued charges

in addition to the purchase price of the land.

      4.  In case of state land held under

contract, the person holding such contract shall be deemed the owner of the

land for the purposes of this chapter, and liens shall attach to his or her

rights under such contract, and such liens shall be enforced as in other cases,

subject to the paramount title of the State, and subject to the rights of a

purchaser at a sale for delinquent assessments to be subrogated to the rights

of such contract holder to acquire patent to such land from the State.

      (Added to NRS by 1967, 1616)

      NRS 539.736  Exclusion of land: Grounds; limitations.  The board of directors of any district now or

hereafter formed under the provisions of this chapter, either upon its own

initiative or upon the application in writing of any holder of title or of

evidence of title to land in the district, may, by a majority vote, exclude

from the district any land or lands theretofore included in the district, and

change the boundary lines of the district so as to exclude or leave out certain

tracts or portions of tracts when the proposed system or systems of irrigation

cannot practically include such land or lands, or when such land or lands would

not be benefited by remaining in the district or by any future improvement it

might make, or when the land sought to be excluded has been, or is about to be,

incorporated into or made a part of any city or town, or when the land sought

is adjacent and contiguous to any city or town and it is proposed to develop

such land as building sites and areas; but if improvements have been commenced,

or made, or authorized, or if there are bonds or other contracts or

certificates of indebtedness outstanding, no land shall be excluded and no

established liens shall be released unless all of the holders of bonds or

contracts or certificates of indebtedness constituting liens against the land

sought to be excluded, and the owner of such land if the owner has not

petitioned for exclusion thereof, shall consent in writing to the exclusion and

unless all bonded indebtedness of the district chargeable to the land sought to

be excluded is paid, or except as provided in NRS

539.738 to 539.748, inclusive.

      (Added to NRS by 1967, 1616)

      NRS 539.738  Notice of proposed exclusion: Publication; contents.  Within 10 days after the receipt of any such

application, or after the passage by the board of a resolution proposing the

withdrawal of such lands, the directors of the district shall give notice of

such proposed change or exclusion and of the date, time and place of a meeting to

be held by the board to consider such proposed change or exclusion by

publication for two issues 7 days apart in some newspaper printed in the county

in which the land sought to be excluded is situated, at least 30 days before

the meeting to consider such exclusion or change.

      (Added to NRS by 1967, 1617)

      NRS 539.742  Resolution excluding land; objections.

      1.  All persons failing to file written

objections within 50 days from the date of the filing of the petition for

exclusion shall be conclusively deemed to have consented to such exclusion.

      2.  If 25 percent of the holders of bonds

or contracts or certificates of indebtedness constituting liens against the

land sought to be excluded file objections to such exclusion within the 50-day

period the petition for exclusion shall be denied; otherwise, the board at its

sole discretion, but then only upon the payment of all bonded indebtedness of

the district chargeable to the land sought to be excluded, may by resolution

exclude the land from the district, and the land shall thereafter be denied all

benefits under the district.

      (Added to NRS by 1967, 1617)

      NRS 539.744  Order or denial of exclusion; publication of order.

      1.  Not less than 50 days after the filing

with the board of an application in writing by a qualified elector of the

district or after the board has of its own initiative and by resolution

declared its intention of excluding any land or lands from the district, and

after having first given notice as prescribed in NRS

539.738, the board shall meet and consider the matter and shall order or

deny the exclusion of the lands in whole or in part.

      2.  A copy of the order of the board shall

be published for two issues 1 week apart in some newspaper published in the

county in which the land is situated.

      (Added to NRS by 1967, 1617)

      NRS 539.746  Recording of order excluding land or changing boundaries with

plat.  If lands are excluded, or

the boundary lines changed pursuant to NRS 539.736

to 539.748, inclusive, a copy of the order

certified by the secretary of the district, with a plat of the land excluded or

change in boundary made, shall be filed for record in the office of the county

recorder of the county or counties in which such land or lands are situated,

and it shall be evidence for all purposes of the facts it purports to the

State.

      (Added to NRS by 1967, 1617)

      NRS 539.748  Petition to district court by aggrieved persons.  Any holder of title or of evidence of title to

land in the district, or holder of any bond or contract or certificate of

indebtedness constituting a lien against the land sought to be excluded, who is

aggrieved by the order of the board of directors in excluding or refusing to

exclude lands as provided in this chapter may, within 30 days from the date of

the publication, as provided in NRS 539.744, of the

order excluding or refusing to exclude lands from the district, petition the

district court of the county in which the office of the board of directors is

situated to set aside such order, and direct that such lands be excluded or be

not excluded, as the court may order. The provisions of NRS

539.565 and 539.567, insofar as applicable, shall

be followed in such proceedings.

      (Added to NRS by 1967, 1617)

DISSOLUTION

      NRS 539.750  Petition for dissolution of district: Filing with clerk of

district court; order of district judge.  Upon

the filing of a petition with the clerk of the district court of the county

where the district was organized, setting forth that an irrigation district

should be forthwith dissolved, the petition to be signed by at least 25 percent

of the electors owning at least 25 percent of the land in the district, the clerk

of the district court shall forthwith obtain an order from the judge of that

court, who shall enter an order directing the officers and directors of the

irrigation district to submit to the electors the question of whether the

district shall be dissolved at the next district election or primary or general

state election.

      [Part 47:64:1919; A 1933, 261; 1931 NCL § 8063]—(NRS

A 1993, 1089)

      NRS 539.753  Contents of petition.  The

petition shall recite only:

      1.  That such district was organized.

      2.  The date of organization and that it

now exists.

      3.  That the petitioners desire that an

election be called to determine the question of dissolution by a vote of the

electors.

      [Part 47:64:1919; A 1933, 261; 1931 NCL § 8063]

      NRS 539.755  Determination of sufficiency of percentages required on

petition: What governs clerk of district court.  In

determining the sufficiency of the percentages required on the petition, the

clerk of the district court with whom such petition is filed shall be governed

by the last equalized assessment roll of the irrigation district, together with

the last equalized assessment roll of the county or counties in which the

district lands are situated, on file with the county assessor, county auditor

and county treasurer of such county or counties, together with the list of

electors from the records of the irrigation district and the registration lists

and other election and citizenship records in the offices of the county clerk

and county recorder of such county or counties.

      [Part 47:64:1919; A 1933, 261; 1931 NCL § 8063]

      NRS 539.757  Ballots: Form.  At

such election the ballot shall contain the words “Dissolution of the

District—Yes”; and “Dissolution of the District—No.”

      [Part 47:64:1919; A 1933, 261; 1931 NCL § 8063]

      NRS 539.760  Conduct of election; canvass of votes.

      1.  The provisions of this chapter relating

to general elections for directors shall govern in respect to such dissolution

election ordered by the court.

      2.  The canvass of the vote at such

election shall be conducted in the manner provided by this chapter for general

elections.

      [Part 47:64:1919; A 1933, 261; 1931 NCL § 8063]

      NRS 539.763  Certification of election results to district court; examination

of returns by court; order of dissolution; filing of financial statement.

      1.  The secretary of the district shall at

the time and in the manner provided in this chapter for certifying election

returns certify the result of the election to the district court of the county

in which such petition for dissolution was filed.

      2.  The court shall examine such returns on

the Monday following such certification at 1:30 p.m., and in case it is found

that a majority of the electors cast their vote in favor of “Dissolution of the

District—Yes,” and that the electors voting at the election represent a

majority of the acreage in the district, the court shall enter its order

dissolving the district, and thereupon the court shall enter its further order

directing the directors of the district to file with the court a financial

statement showing its indebtedness and other obligations. Such statement shall

be sworn to by the president before a notary public and attested by the

secretary of the district.

      [Part 47:64:1919; A 1933, 261; 1931 NCL § 8063]

      NRS 539.765  Court governed by NRS 539.287 where

contract with United States exists.  If

the district has in force and effect a contract with the United States under

the provisions of this chapter, the court shall be governed by NRS 539.287.

      [Part 47:64:1919; A 1933, 261; 1931 NCL § 8063]

      NRS 539.767  Order of dissolution not to be entered until bonded indebtedness

liquidated or consent of bondholders filed.  If

the district has an outstanding bonded indebtedness or has issued bonds of the

district under the provisions of this chapter, which are unpaid, the district

court shall not enter its order dissolving such district unless and until the

bonded indebtedness shall have been liquidated or the consent of the

bondholders to the dissolution of the district shall have been filed in writing

with the court.

      [Part 47:64:1919; A 1933, 261; 1931 NCL § 8063]

      NRS 539.770  Payment of other indebtedness to be provided for; duties of

county officers in closing affairs of district.

      1.  In case there is other or current

indebtedness of the district outstanding not represented by a contract with the

United States pursuant to the terms of this chapter, or represented by an

outstanding bond issue duly authorized under the provisions of this chapter,

the court shall determine the amount of such indebtedness outstanding against

the district and provide for its payment as stated in NRS

539.750 to 539.777, inclusive.

      2.  The court shall nevertheless enter its

order dissolving the district, which order shall also direct and authorize the

county officers hereinafter designated to act as ex officio officers of the

district for the liquidation of such indebtedness.

      3.  The district directors shall have no

further power to incur further indebtedness after the entry of the order.

      4.  The court shall have power to enter any

and all orders necessary to complete the dissolution of the district and

effectuate the intent hereof.

      5.  The records and papers of every kind

belonging to the district shall be turned over to the county clerk for use by

the proper county officers in closing the affairs of the district. The county

treasurer shall perform the duties of district treasurer. The county assessor

shall perform that portion of the duties of the secretary relating to district

assessor. The county clerk shall perform all the other duties of the secretary

of the board of directors. The board of county commissioners shall perform the

duties of the board of directors. The district attorney shall perform such

duties as may be required of the district attorney by such county officers.

      [Part 47:64:1919; A 1933, 261; 1931 NCL § 8063]

      NRS 539.773  Liquidation of indebtedness; levy of assessments; collection of

taxes; sale of district property by county commissioners; disposition of

proceeds.

      1.  The proper county officers shall

proceed to levy and assess upon the lands embraced within such district proper

assessments and to collect such additional taxes as may be necessary for the

purpose of paying such remaining outstanding indebtedness not provided for by

previous assessments.

      2.  Such assessments and levies shall be

made as near as may be in the same manner and with the same procedure as

provided by this chapter.

      3.  All property of every kind belonging to

the district, including lands sold to the district for taxes, shall be sold by

the board of county commissioners as near as may be in the same manner as

county lands acquired at tax sales and county property are now sold, and the

proceeds, together with all money on hand, shall be used to pay off the

remaining indebtedness of the district.

      4.  All funds remaining after the

outstanding indebtedness has been paid shall be refunded and paid pro rata to

the last assessment payers according to the last assessment roll.

      [Part 47:64:1919; A 1933, 261; 1931 NCL § 8063]

      NRS 539.775  Contract with United States or bonded indebtedness not bar to

dissolution if provision made for payment.  The

outstanding indebtedness, except in cases mentioned in NRS

539.765 and 539.767 where there is an

outstanding lawful bond issue, or where the district has entered into a

contract with the United States pursuant to the provisions of this chapter,

shall not operate as a bar to dissolution by the district court when provision

is made for the payment of such indebtedness in the manner provided in this

chapter, or such indebtedness is otherwise satisfied.

      [Part 47:64:1919; A 1933, 261; 1931 NCL § 8063]

      NRS 539.777  Entry of order dissolving district; further indebtedness

prohibited.  Upon the entry of the

order of the court dissolving the district, the same shall be deemed dissolved

and no further indebtedness of any kind shall be contracted by the board of

directors of the district.

      [Part 47:64:1919; A 1933, 261; 1931 NCL § 8063]

UNLAWFUL ACTS AND PENALTIES

      NRS 539.780  Unlawful interference with officer, agent or employee of

district; criminal and civil penalties.

      1.  Any person who wrongfully and

maliciously interferes with any officer, agent or employee of the district in

the proper discharge of his or her duties, is guilty of a public offense, as

prescribed in NRS 193.155,

proportionate to the value of any property damaged or destroyed and in no event

less than a misdemeanor.

      2.  The irrigation district damaged by any

such act may also bring a civil action for damages sustained by any such act,

and in such proceeding the prevailing party is entitled to attorney’s fees and

costs of court.

      [10b:64:1919; added 1923, 289; NCL § 8019]—(NRS A

1967, 611; 1979, 1486)

      NRS 539.783  Liability of water user negligently or wrongfully impairing

system of works; notice to repair.  Any

water user, or his or her agent or lessee, of an irrigation district who shall

negligently or wrongfully impair the usefulness of any reservoir, canal, ditch,

lateral, drain, headgate, structure, or any part of the irrigation district

system of works and fails to repair the same within 10 days after notice from

the district so to do, or who fails within such time to file with the board of

directors good and sufficient reasons for so failing to do, shall become liable

for the payment thereof as provided in this chapter, or the irrigation district

may make such repairs and add and collect the same as an operation and

maintenance charge against the lands of the water user for the next succeeding

irrigation season.

      [10c:64:1919; added 1929, 286; NCL § 8020]