[Rev. 2/11/2015 11:27:19
AM--2014R2]
CHAPTER 541 - WATER CONSERVANCY DISTRICTS
NRS 541.010 Short
title.
NRS 541.020 Definitions.
NRS 541.030 Legislative
declarations.
NRS 541.040 District
courts vested with jurisdiction to establish water conservancy districts;
limitation of powers.
NRS 541.050 Establishment
of district: Requirements; filing of petitions; contents; effect of defects;
amendments and corrections.
NRS 541.060 Filing
of bond.
NRS 541.070 Time
and place for hearing; jurisdiction of district court; judge not to be
disqualified.
NRS 541.080 Protesting
petition; requisite signers; filing and objections; decree establishing
district; place of business; dismissal of petition or proceedings; finality and
conclusiveness of order; appeal; collateral attack.
NRS 541.090 Findings
and decree to be filed with Secretary of State, county recorders and county
clerks.
NRS 541.100 Board
of directors: Appointment; qualifications; terms; filling of vacancies;
meetings and reports.
NRS 541.110 Directors:
Oath; officers; seal; record of proceedings of board; copy of minutes or audio
recordings; compensation.
NRS 541.120 Quorum
of board.
NRS 541.130 Duties
of secretary; board may employ chief engineer, attorney and other employees.
NRS 541.140 Powers
of board.
NRS 541.145 Powers
of board concerning irrigation, flood control, drainage, safety and health
projects.
NRS 541.150 Subdistricts:
Organization; proceedings; board’s consent to furnish water; decree of
organization; powers and duties of board of directors.
NRS 541.160 Board
may levy and collect taxes and special assessments; classification of methods.
NRS 541.170 Board
to fix rate of levy under class A; maximum rate; certification to county
commissioners.
NRS 541.180 Board
may sell or lease water to municipalities upon petition; levy and collection of
special assessments under class B.
NRS 541.190 Board
may sell or lease water to irrigation districts; levy and collection of special
assessments under class C.
NRS 541.200 Board
may sell or lease water to persons and private corporations on petition; levy
and collection of taxes under class D.
NRS 541.205 Board
may undertake irrigation, flood control, drainage, safety and health projects;
levy and collection of special assessments under class E.
NRS 541.207 Board
or subcontracting agency not required to furnish water for artificially created
lake or stream if restricted or prohibited by ordinances; exceptions.
NRS 541.210 Board
may levy additional assessments to pay deficiencies.
NRS 541.220 Board
to hear objections to assessments; procedure; appeal to district court.
NRS 541.230 Officials
charged with duty to collect taxes; taxes levied create equal lien.
NRS 541.240 Sale
of real property for unpaid taxes and assessments.
NRS 541.250 Property
exempt from assessments.
NRS 541.260 Board
may dispose of water under contracts.
NRS 541.270 Liens
to secure payment of annual installments.
NRS 541.280 Board
may create sinking fund.
NRS 541.290 Powers
of board in distribution of water.
NRS 541.300 Contracts
relating to electrical energy.
NRS 541.310 Change
of boundaries: Petition for inclusion of other lands; procedure.
NRS 541.320 Petition
for exclusion of lands in district; procedure; court order.
NRS 541.330 Board
may enter into contracts relative to payments to be made to United States.
NRS 541.340 Acquisition
of works: Procedure for creation of indebtedness; elections.
NRS 541.350 Publication
of resolution for creation of indebtedness.
NRS 541.360 Conduct
of election; canvass of returns.
NRS 541.370 Majority
vote required to authorize indebtedness; resubmission of proposition.
NRS 541.380 Board
may petition court for judicial determination of orders, acts, power, taxes and
contracts.
NRS 541.390 Notice;
jurisdiction of district court not lost for failure to give notice.
NRS 541.400 Cases
to be heard by court at earliest practicable moment.
NRS 541.410 Liberal
construction of chapter.
NRS 541.420 Conflicting
laws declared nonoperative.
_________
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NRS 541.010 Short title. This
chapter may be known and cited as the Water Conservancy Districts Act.
[1:380:1955]
NRS 541.020 Definitions. As
used in this chapter, unless the context otherwise requires:
1. “Board” means the board of directors of
the district.
2. “Court” means the district court of
that judicial district of the State of Nevada wherein the petition for the
organization of a water conservancy district must be filed.
3. “Land” or “real estate” means real
estate as the words “real estate” are defined by the laws of the State of
Nevada, and includes all railroads, highways, roads, streets, street
improvements, telephone, telegraph and transmission lines, gas, sewer and water
systems, water rights, pipelines and rights-of-way of public service
corporations, and all other real property whether held for public or private
use.
4. “Property” means real estate and
personal property.
5. “Publication,” when no manner is specified
therefor, means once a week for 3 consecutive weeks in at least one newspaper
of general circulation in each county wherein the publication is to be made. It
is not necessary that publication be made on the same day of the week in each
of the 3 weeks, but not less than 14 days, excluding the day of the first
publication, must intervene between the first publication and the last
publication, and publication is complete on the date of the last publication.
6. “Public corporation” means counties,
cities and counties, towns, cities, school districts, irrigation districts,
water districts, and all governmental agencies clothed with the power of
levying or providing for the levy of general or special taxes or special
assessments.
7. “Section” means a section of this
chapter unless some other statute is expressly mentioned.
8. “Subcontracting agency” means a public
service, public, private or other corporation, or other entity which contracts
with the district for the purchase, transfer or acquisition from it of water,
drainage or electric power.
9. “Water conservancy districts” means the
districts created under the provisions of this chapter.
10. “Works” means drains, channels,
trenches, watercourses and other surface and subsurface conduits to effect
drainage, dams, storage reservoirs, compensatory and replacement reservoirs,
canals, conduits, pipelines, drains, tunnels, power plants and any and all
works, facilities, improvements and property necessary or convenient for the
supplying of water for domestic, irrigation, power, milling, manufacturing,
mining, metallurgical, and any and all other beneficial uses, and for otherwise
accomplishing the purposes of this chapter. The term includes studies of the feasibility
and advisability of constructing dams for storage of water in the upstream
portions of watersheds.
[2:380:1955]—(NRS A 1959, 373; 1985, 523; 1989, 1401)
NRS 541.030 Legislative declarations.
1. It is declared that to provide for the
conservation and development of the water and land resources of the State of
Nevada and for the greatest beneficial use of water within this state, the
organization of water conservancy districts and the construction of works as
herein defined by such districts are a public use and will:
(a) Be essentially for the public benefit and
advantage of the people of the State of Nevada;
(b) Indirectly benefit all industries of the state;
(c) Indirectly benefit the State of Nevada in the
increase of its taxable property valuation;
(d) Directly benefit residents of the State of
Nevada by providing adequate supplies of water for domestic, municipal and
industrial use;
(e) Directly benefit lands to be irrigated or
drained from works to be constructed;
(f) Directly benefit lands now under irrigation
by stabilizing the flow of water in streams and by increasing flow and return
flow of water to such streams;
(g) Directly benefit urban use of water or
development of water resources by flood control; and
(h) Promote the comfort, safety and welfare of
the people of the State of Nevada.
2. It is therefore declared to be the
policy of the State of Nevada:
(a) To control, make use of and apply to
beneficial use unappropriated waters in this state to a direct and supplemental
use of such waters for domestic, manufacturing, irrigation, power and other
beneficial uses.
(b) To cooperate with the United States and
agencies thereof under the federal reclamation laws or other federal laws now
or hereafter enacted and to construct and finance works within or without the
State of Nevada as herein defined and to operate and maintain the same.
[3:380:1955]—(NRS A 1963, 765)
NRS 541.040 District courts vested with jurisdiction to establish water
conservancy districts; limitation of powers. The
district court sitting in and for any county in this state is hereby vested
with jurisdiction, power and authority, when the conditions stated in NRS 541.050 are found to exist, to establish water
conservancy districts, which may be entirely within or partly within and partly
without the judicial district in which the court is located, for the purposes
enumerated in NRS 541.030; but the terms of this
chapter shall not be construed to confer upon such district court jurisdiction
in proceedings provided for herein to hear, adjudicate and settle questions
concerning the priority of appropriation of water between districts organized
under this chapter and ditch companies and other owners of ditches drawing
water for irrigation purposes from the same stream or its tributaries.
[4:380:1955]—(NRS A 1963, 766)
NRS 541.050 Establishment of district: Requirements; filing of petitions;
contents; effect of defects; amendments and corrections.
1. Before any water conservancy district
is established under this chapter, a petition must be filed in the office of
the clerk of the court vested with jurisdiction, in the county in which all or
the greatest part of the lands embraced within the proposed water conservancy
district are situated. The petition must be approved by the board of county
commissioners of each county in which the district is situated. The petition
must be filed by the board of county commissioners for the county in which the
petition is filed, who must be designated as petitioners, and must set forth:
(a) The proposed name of the district.
(b) That the property within the proposed
district will be benefited by the accomplishment of the purposes enumerated in NRS 541.030.
(c) A general description of the purpose of the
contemplated improvement and of the territory to be included in the proposed
district. The description need not be given by metes and bounds or by legal
subdivisions, but must be sufficient to enable a property owner to ascertain
whether his or her property is within the territory proposed to be organized as
a district. The territory need not be contiguous, provided it is so situated
that the organization of a single district of the territory described is
calculated to promote one or more of the purposes enumerated in NRS 541.030.
(d) A general designation of the divisions of the
district, any one or more of which may, if so provided in the petition, be
constituted of an existing irrigation or other district organized under the
laws of the State of Nevada or of an incorporated city or combination of
incorporated cities, within the water conservancy district.
(e) The name of the principal subcontracting
agency or agencies with which it is proposed the water conservancy district
will enter into a contract or contracts.
(f) The number of directors of the proposed
district which may, in addition to one director for each division thereof,
include as director a representative of the proposed principal subcontracting
agency named in the petition, or, if more than one such agency is named in the
petition, then one representative of each principal subcontracting agency named
therein. If the district includes land within more than one county, each county
must have at least one representative on the board of directors.
(g) A prayer for the organization of the district
by the name proposed.
2. No petition that has been approved by
the required boards of county commissioners may be declared void on account of
alleged defects, but the court may at any time permit the petition to be
amended to conform to the facts by correcting any errors in the description of
the territory, or in any other particular.
[5:380:1955]—(NRS A 1963, 766; 1983, 146; 1987, 1725; 1989, 1402)
NRS 541.060 Filing of bond. At
the time of filing the petition, or at any time after the filing and before the
hearing on the petition, a bond, not exceeding in amount the sum of $1,000, in
such form and with such surety or sureties as is approved by the court, must be
filed for the purpose of insuring the payment of expenses connected with the
proceedings in case the organization of the district is not effected. If at any
time during the proceeding the court is satisfied that the bond first executed
is insufficient in amount, it may require the execution of an additional bond
within a time to be fixed, to be not less than 10 days distant, and upon
failure of the board of county commissioners that filed the petition to execute
the additional bond, the petition must be dismissed.
[6:380:1955]—(NRS A 1989, 1404)
NRS 541.070 Time and place for hearing; jurisdiction of district court;
judge not to be disqualified.
1. Immediately after the filing of the
petition, the court wherein the petition is filed shall by order fix a place
and time, not less than 60 days nor more than 90 days after the petition is
filed, for hearing thereon, and thereupon the clerk of the court shall cause
notice by publication to be made of the pendency of the petition and of the
time and place of hearing thereon. The clerk of the court shall also forthwith
cause a copy of the notice to be mailed by United States registered or
certified mail to the board of county commissioners of each of the several
counties having territory within the proposed district.
2. The district court in and for the
county in which the petition for the organization of a water conservancy
district has been filed shall thereafter for all purposes of this chapter,
except as herein otherwise provided, maintain and have original and exclusive
jurisdiction, coextensive with the boundaries of the water conservancy district
and of land and other property proposed to be included in the district or
affected by the district without regard to the usual limits of its
jurisdiction.
3. No judge of such court wherein such
petition is filed shall be disqualified to perform any duty imposed by this
chapter by reason of ownership of property within any water conservancy
district or proposed water conservancy district, or by reason of ownership of
any property that may be benefited, taxed or assessed therein.
[7:380:1955]—(NRS A 1969, 95)
NRS 541.080 Protesting petition; requisite signers; filing and objections;
decree establishing district; place of business; dismissal of petition or
proceedings; finality and conclusiveness of order; appeal; collateral attack.
1. At any time after the filing of a
petition for the organization of a water conservancy district and not less than
10 days before the time fixed by the order of court for the hearing upon the
petition, and not thereafter, a petition may be filed in the office of the
clerk of the court wherein the proceeding for the creation of the district is
pending, signed by not fewer than 25 percent of the owners of the lands in the
proposed district, but not embraced within the limits of any city or town, the
aggregate assessed value of which, together with improvements thereon, is not
less than 25 percent of the total assessed value of land, together with the
improvements thereon, within the proposed district situated outside such
limits, and also signed by not fewer than 25 percent of the owners of lands
embraced within the limits of each city and town in the proposed district,
protesting the creation of the district. The signers of the protesting petition
shall state therein the land owned by each, and shall also state the value
thereof as shown by the last preceding assessment. The term “owners of land,”
as used in this subsection with reference to persons outside the limits of a
city or town within the district, means those persons who own 5 acres or more
of real estate, and the term “owners of land,” as used in this subsection with
reference to persons within a city or town, means those persons who own real
estate, including any improvements thereon, having an assessed valuation of
$300 or more.
2. If a petitioner signs the petition both
as owner of land situated within a municipality, and owner of land situated
without a municipality, his or her name may be counted only as an owner of land
situated without a municipality.
3. Upon the filing of such protesting
petition, the clerk of the court forthwith shall make as many certified copies
thereof, including the signatures thereto, as there are counties in which any
part of the proposed district extends, and forthwith shall place in the hands
of the county treasurer of each such county one of the certified copies.
Thereupon, each of the county treasurers shall determine from the tax rolls of
the county in his or her hands and shall certify to the district court under
the official seal of the county treasurer, before the day fixed for the hearing
as aforesaid, the total valuation of the several tracts of land listed in the
protest, situated in the proposed district within the county. Upon the day set
for the hearing upon the original petition, if it appears to the court from
such certificate or certificates, and from such other evidence as may be
adduced by any party in interest, that the protesting petition is not signed by
the requisite number of owners of lands and of the requisite value as set forth
in this section, the court shall thereupon dismiss the protesting petition and
shall proceed with the original hearing as provided in this section.
4. If the court finds from the evidence
that the protesting petition is signed by the requisite number of owners of
lands and of the requisite values, the court shall forthwith dismiss the
original petition praying for the creation of the district. The finding and
order of the court upon the question of such total valuation, the genuineness
of the signatures, and all matters of law and fact incident to such
determination is conclusive on all parties in interest, whether appearing or
not, unless within 30 days after entry of the order or dismissal an appeal is
taken to the appellate court of competent jurisdiction as provided in
subsection 10.
5. Any owner of real property in the
proposed district desiring to object to the organization and incorporation of
the district, may, on or before the date set for the cause to be heard, file
objection to the organization and incorporation of the district. Such objection
must be limited to a denial of the statements in the petition and must be heard
by the court as an advanced case without unnecessary delay. On the final
hearing of the petition the court shall define and establish the boundaries of
the district.
6. Upon the hearing, if it appears that a
petition for the organization of a water conservancy district has been
presented, in conformity with this chapter, and that the allegations of the
petition are true and that no protesting petition has been filed or if filed
has been dismissed as provided in this section, the court shall, by order duly
entered of record, adjudicate all questions of jurisdiction, declare the
district organized and give it a corporate name by which in all proceedings it
must thereafter be known, and thereupon the district is a political subdivision
of the State of Nevada and a body corporate with all the powers of a public or
quasi-municipal corporation.
7. In such a decree the court shall
designate the place where the office or principal place of the district must be
located, which must be within the corporate limits of the district, and which
may be changed by order of the board from time to time. The regular meetings of
the board must be held at such office or place of business, but for cause may
be adjourned to any other convenient place. The official records and files of
the district must be kept at the office so established.
8. If the court finds that no petition has
been presented in conformity with this chapter, or that the material facts are
not as set forth in the petition filed, it shall dismiss the proceedings and
adjudge the costs against the county that filed the petition. An appeal to the
appellate court of competent jurisdiction from the order of dismissal may be
taken as provided in subsection 10. Nothing in this section prevents the filing
of a subsequent petition or petitions for similar improvements or for a similar
water conservancy district, and the right so to renew such proceedings is
hereby expressly granted and authorized.
9. If an order is entered establishing the
district, the order is final and conclusively establishes the regular
organization of the district against all persons, unless an appeal is taken to
the appellate court of competent jurisdiction pursuant to the rules fixed by
the Supreme Court pursuant to Section
4 of Article 6 of the Nevada Constitution or quo warranto proceedings
attacking the order are instituted on behalf of the State of Nevada by the
Attorney General. The organization of the district may not be directly or
collaterally questioned in any suit, action or proceedings except as expressly
authorized in this section.
10. Any petitioner, protestant or objector
is entitled to appeal to the appellate court of competent jurisdiction pursuant
to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada
Constitution from the order of the district court entered pursuant to this
section. Such appeals must be taken within 30 days after the entry of the order
in accordance with the Nevada Rules of Appellate Procedure.
[8:380:1955]—(NRS A 1959, 374; 1983, 147; 1989, 1404; 2013, 1790)
NRS 541.090 Findings and decree to be filed with Secretary of State, county
recorders and county clerks. Within
30 days after the district has been declared a corporation by the court, the
clerk of the court shall transmit to the Secretary of State and to the county
clerk and recorder in each of the counties having lands in the district copies
of the findings and the decree of the court incorporating the district. The
same shall be filed in the Office of the Secretary of State in the same manner
as articles of incorporation are now required to be filed under the general
laws concerning corporations, and copies shall also be filed in the office of
the county clerk and recorder of each county in which a part of the district
may be, where they shall become permanent records.
[9:380:1955]
NRS 541.100 Board of directors: Appointment; qualifications; terms; filling
of vacancies; meetings and reports.
1. Within 60 days after the entry of the
decree incorporating the district, the Governor shall appoint a board of
directors therefor in accordance with the petition. If the district includes
land within more than one county, the representative or representatives of each
county must be appointed from a list of two or more nominees submitted by the
board of county commissioners of the represented county. No person may be
disqualified to act as a director because that person is an officer, employee
or stockholder of, or owner of land within, any irrigation or other district
constituting a division, or part of a division, or subcontracting agency of the
district, nor may any director for that reason be disqualified to vote or act
upon any matter involving such irrigation or other district or subcontracting
agency.
2. The Governor shall fix the terms of
office so that not less than three of the directors first appointed after
organization of the district shall serve until the end of the calendar year
next succeeding their appointment, and the remaining directors first appointed
shall serve until the expiration of 3 years after the end of the calendar year
in which they were appointed. All succeeding terms of office must be for 4
years. Upon the expiration of the term of office of any director, the Governor
shall, upon the recommendation of the district or incorporated city, or
combination of incorporated cities, or subcontracting agency, as the case may
be, from which the director was appointed, appoint a successor to the director
to hold office for 4 years. If the district includes land within more than one
county, the representative or representatives of each county must be appointed
from a list of two or more nominees submitted by the board of county
commissioners of the represented county.
3. All vacancies in the office of director
must be filled in the manner provided in subsection 2. Each director shall hold
office during the term for which he or she is appointed and until a successor
is appointed and has qualified.
4. An annual meeting of the board of
directors must be held on a date to be fixed by the board and, in addition
thereto, the board shall hold meetings at least quarterly on dates to be fixed
in the bylaws of the district. A report of the business transacted during the
preceding year by the district, including a financial report prepared by
qualified public accountants, must be filed with the board of county
commissioners of each county in which the district is situated on or before the
date of the annual meeting.
[10:380:1955]—(NRS A 1959, 376; 1987, 1727; 1989, 1406)
NRS 541.110 Directors: Oath; officers; seal; record of proceedings of board;
copy of minutes or audio recordings; compensation.
1. Each director before entering upon his
or her official duties shall take and subscribe to an oath, before a person
authorized to administer oaths, that he or she will support the Constitutions
of the United States and the State of Nevada and will honestly, faithfully and
impartially perform the duties of the office.
2. Upon taking oath, the board shall
choose one of their number chair of the board and president of the district,
and shall elect some suitable person secretary of the board and of the
district, who may or may not be a member of the board. The board shall adopt a
seal and shall keep audio recordings or transcripts of all meetings and, in a
well-bound book, a record of all its proceedings, minutes of all meetings,
certificates, contracts, bonds given by employees and all corporate acts,
which, except as otherwise provided in NRS
241.035, must be open to inspection of all owners of property in the
district, as well as to all other interested persons. A copy of the minutes or
audio recordings must be made available to a member of the public upon request
at no charge pursuant to NRS 241.035.
3. Each member of the board is entitled to
receive as compensation for his or her service such sum as may be ordered by
the board, not in excess of the sum of $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.
[11:380:1955]—(NRS A 1973, 786; 1985, 1222; 1999, 922; 2005, 1414; 2013, 332)
NRS 541.120 Quorum of board. A
majority of the directors shall constitute a quorum, and a concurrence of a
majority of those in attendance, in any matter, within their duties, shall be
sufficient for its determination, except as otherwise provided in this chapter.
[12:380:1955]
NRS 541.130 Duties of secretary; board may employ chief engineer, attorney
and other employees.
1. The secretary shall:
(a) Be custodian of the records of the district
and of its corporate seal.
(b) Assist the board in such particulars as it
may direct in the performance of its duties.
(c) Attest, under the corporate seal of the
district, all certified copies of the official records and files of the
district that may be required of the Secretary by this chapter, or by any
person ordering the same and paying the reasonable cost of transcription, and
any portion of the record so certified and attested shall prima facie import
verity.
(d) Serve also as treasurer of the district
unless a treasurer is otherwise provided for by the board.
2. The board may also employ a chief
engineer, who may be an individual, copartnership or corporation; an attorney;
and such other engineers, attorneys and other agents and assistants as may be
needful; and may provide for their compensation, which, with all other
necessary expenditures, shall be taken as a part of the cost or maintenance of
the improvement. The chief engineer shall be superintendent of all works and
improvements, and shall make a full report to the board each year, or oftener
if required by the board, and may make such suggestions and recommendations to
the board as the chief engineer may deem proper.
3. The secretary and treasurer and such
other agents or employees of the district as the board of directors may direct
shall furnish surety bonds, at the expense of the district, in amount and form
fixed and approved by the court in accordance with the provisions of chapter 282 of NRS.
[13:380:1955]
NRS 541.140 Powers of board. The
board shall have power on behalf of the district:
1. To have perpetual succession.
2. To take by appropriation, grant,
purchase, bequest, devise or lease, and to hold and enjoy water, waterworks,
water rights and sources of water supply and any and all real and personal
property of any kind within or without the district or within or without the
State of Nevada necessary or convenient to the full exercise of its powers; and
to sell, lease, encumber, alienate or otherwise dispose of water, waterworks,
water rights and sources of supply of water for use within and without the
district and within and without the State of Nevada; also, to acquire,
construct, operate, control and use any and all works, facilities and means
necessary or convenient to the exercise of its power, both within and without
the district, and within and without the State of Nevada, and to do and perform
any and all things necessary or convenient to the full exercise of the powers
herein granted.
3. To have and to exercise the power of
eminent domain, and, in the manner provided by law for the condemnation of
private property for public use, to take any property necessary to the exercise
of the powers herein granted.
4. To construct and maintain works and
establish and maintain facilities across or along any public street or highway,
and in, upon, or over any vacant public lands, which public lands are now, or
may become, the property of the State of Nevada, and to construct works and
establish and maintain facilities across any stream of water or watercourse in
accordance with the laws of the State of Nevada, provided that the district
shall promptly restore any such street or highway to its former state of
usefulness as nearly as may be, and shall not use the same in such manner as to
impair completely or unnecessarily the usefulness thereof. The grant of the
right to use such vacant state land shall be effective upon the filing by such
district with the State Land Registrar of an application showing the
boundaries, extent and locations of the lands, rights-of-way or easements
desired for such purposes. If the lands, rights-of-way or easements for which
application shall be made are for the construction of any aqueduct, ditch,
pipeline, conduit, tunnel or other works for the conveyance of water, or for
roads, or for poles or towers, and wires for the conveyance of electrical
energy or for telephonic or telegraphic communication, no compensation shall be
charged the district therefor, unless in the opinion of the State Land
Registrar the construction of such works will render the remainder of the legal
subdivision through which such works are to be constructed valueless or
unsalable, in which event the district shall pay for the lands to be taken and
for such portion of any legal subdivision which in the opinion of the board is
rendered valueless or unsalable, at a rate not exceeding $2.50 per acre. If the
lands for which application is made are for purposes other than the
construction of roads or works for the conveyance of water, or electricity or
telephonic or telegraphic communication, such district shall pay the State for
such lands at a rate not exceeding $2.50 per acre. Upon filing such
application, accompanied by a map or plat showing the location or proposed
location of such works and facilities, the fee title to so much of such state
lands as shall be necessary or convenient to enable such district efficiently
and without interference to construct, maintain and operate its works and to
establish, maintain and operate its facilities shall be conveyed to the
district by patent. If an easement or right-of-way only over such lands be
sought by the district, such easement or right-of-way shall be evidenced by a
permit or grant executed by or on behalf of the State Land Registrar. The State
Land Registrar may reserve easements and rights-of-way in the public across any
lands in such patents, grants or permits described for streets, roads and
highways, established according to law. Before any such patent, grant or permit
shall be executed, any compensation due to the State under the provisions
hereof must be paid. No fee shall be exacted from the district for any patent,
permit or grant so issued or for any service rendered hereunder. In the use of
streets the district shall be subject to the reasonable rules and regulations
of the county, city or town where such streets lie, concerning excavation and
the refilling of excavation, the re-laying of pavements and the protection of
the public during periods of construction; but the district shall not be
required to pay any license or permit fees, or file any bonds. The district may
be required to pay reasonable inspection fees.
5. To contract with the Government of the
United States or any agency thereof, the State of Nevada or any of its cities,
counties or other governmental subdivisions, for the construction,
preservation, operation and maintenance of tunnels, drains, pipelines,
reservoirs, ditches and waterways, regulating basins, diversion canals and
works, dams, power plants and all necessary works incident thereto within and
without the State of Nevada, and to acquire perpetual rights to the use of
water and electrical energy from such works; to sell and dispose of perpetual
rights to the use of water and electrical energy from such works to persons and
corporations, public and private within or without the State of Nevada.
6. To list in separate ownership the lands
within the district which are susceptible of irrigation from district sources
and to make an allotment of water to all such lands, which allotment of water
shall not exceed the maximum amount of water that the board determines could be
beneficially used on such lands; to levy assessments, as hereinafter provided,
against the lands within the district to which water is allotted on the basis
of the value per acre-foot of water allotted to the lands within the district;
but the board may divide the district into units and fix a different value per
acre-foot of water in the respective units, and, in such case, shall assess the
lands within each unit upon the same basis of value per acre-foot of water
allotted to lands within such unit.
7. To fix rates at which water not
allotted to lands, as hereinbefore provided, shall be sold, leased or otherwise
disposed of; but rates shall be equitable although not necessarily equal or
uniform for like classes of service throughout the district.
8. To enter into contracts, employ and
retain personal services and employ laborers; to create, establish and maintain
such offices and positions as shall be necessary and convenient for the
transaction of the business of the district; and to elect, appoint and employ
such officers, attorneys, agents and employees therefor as shall be found by
the board to be necessary and convenient.
9. To adopt plans and specifications for
the works for which the district was organized, which plans and specifications
may at any time be changed or modified by the board. Such plans shall include
maps, profiles, and such other data and descriptions as may be necessary to set
forth the location and character of the works, and a copy thereof shall be kept
in the office of the district and open to public inspection.
10. To appropriate and otherwise acquire
water and water rights within or without the State; to develop, store and
transport water; to subscribe for, purchase and acquire stock in canal
companies, water companies, and water users’ associations; to provide, sell,
lease, and deliver water for municipal and domestic purposes, irrigation,
power, milling, manufacturing, mining, metallurgical and any and all other
beneficial uses, and to derive revenue and benefits therefrom; to fix the terms
and rates therefor; and to make and adopt plans for and to acquire, construct,
operate and maintain dams, reservoirs, ditches, waterways, canals, conduits,
pipelines, tunnels, power plants and any and all works, facilities,
improvements and property necessary or convenient therefor, and in the doing of
all such things to obligate itself and execute and perform such obligations
according to the tenor thereof.
11. To generate electric energy and to
contract for the generation, distribution and sale of such energy.
12. To invest any surplus money in the
district treasury, including such money as may be in any sinking fund
established for the purpose of providing for the payment of the principal or
interest of any contract, or other indebtedness, or for any other purpose, not
required for the immediate necessities of the district, in treasury notes or
bonds of the United States, or of this state, or of any state, county or
municipal corporation. Any bonds or treasury notes thus purchased and held may,
from time to time, be sold and the proceeds reinvested in bonds or treasury
notes as above provided. Sales of any bonds or treasury notes thus purchased
and held shall from time to time be made in season so that the proceeds may be
applied to the purposes for which the money with which the bonds or treasury
notes were originally purchased was placed in the treasury of the district. The
functions and duties authorized by this subsection shall be performed under
such rules and regulations as shall be prescribed by the board.
13. To borrow money from the State of
Nevada or other sources and incur indebtedness and to pledge revenues of the
district to secure the repayment of any money so borrowed.
14. To adopt bylaws not in conflict with
the Constitution and laws of the State for carrying on the business, objects
and affairs of the board and of the district.
15. To construct works for the drainage of
lands within the district and to levy special assessments against the lands
drained by such works for the repayment of the costs thereof.
[14:380:1955]—(NRS A 1959, 377; 1963, 768; 2001, 2088)
NRS 541.145 Powers of board concerning irrigation, flood control, drainage,
safety and health projects. The
board shall have the following powers concerning the management, control,
operation and use of any irrigation, flood control, drainage, safety or health
project:
1. To make and enforce all reasonable
rules and regulations for the management, control, operation and use of any
such project.
2. To restrict or suspend the right of any
person or corporation to benefit from any such project if such person or
corporation has violated any rule or regulation prescribed by the board as
provided in subsection 1.
3. To withhold service upon or maintenance
of any such project upon which there are any defaults or delinquencies of
payments.
(Added to NRS by 1963, 765)
NRS 541.150 Subdistricts: Organization; proceedings; board’s consent to
furnish water; decree of organization; powers and duties of board of directors.
1. Subdistricts may be organized upon the
petition of the owners of real property within, or partly within and partly
without, the district, which petition must be in substantially the same form
and must fulfill the same requirements concerning the subdistricts as the
petition outlined in NRS 541.050 is required to
fulfill concerning the organization of the main district. The petition must
also contain a statement of the minimum quantity of water which the subdistrict
proposes to acquire from the district for perpetual use and the court shall,
before the entry of its decree organizing a subdistrict, require that the
petitioners attach to the petition written evidence of the consent of the board
of directors of the water conservancy district to furnish to the subdistrict
the perpetual use of water for the purpose specified in the petition.
2. Petitions for the organization of
subdistricts must be filed with the clerk of the court and must be accompanied
by a bond as provided for in NRS 541.060. The
procedure for the organization of subdistricts is the same as for the
organization of districts.
3. A subdistrict is a separate entity
within the district and has authority to contract with the district for the
furnishing of water and for other purposes.
4. Within 60 days after the entry of the
decree incorporating a subdistrict, the Governor shall appoint a board of
directors of the subdistrict consisting of persons who are owners of real
property in the subdistrict, and who may be directors of the district. The
provisions of NRS 541.100 are applicable to
subdistricts. The board of directors of a subdistrict has all of the powers,
rights and privileges granted to a district board under the provisions of this
chapter, including specifically, but not limited to, the right of the
subdistrict board to levy and collect taxes and assessments referred to in NRS 541.140, 541.160 and 541.240 to carry out its separate purposes. Such taxes
and assessments may be levied and collected by the subdistrict notwithstanding
the fact that taxes and assessments are being levied and collected by the
district in which the subdistrict lies, to carry out the purposes of the
district, but the only purpose for which a subdistrict may levy and collect
taxes pursuant to NRS 541.160 is to pay the expense
of its organization and administration, to pay the cost of construction,
operating and maintaining the works of the subdistrict, and for surveys and
plans, and for legal services to protect the rights of the subdistrict, and
such taxes must not exceed 10 cents on $100 assessed valuation of the property
within the subdistrict.
[15:380:1955]—(NRS A 1959, 380; 1963, 771; 1969, 868;
1989, 1407)
NRS 541.160 Board may levy and collect taxes and special assessments;
classification of methods. In
addition to the other means of providing revenue for such districts as provided
in this chapter, the board may levy and collect taxes and special assessments
for maintaining and operating those works and paying the obligations and
indebtedness of the district by any one or more of the methods or combinations
thereof, classified as follows:
1. Class A. To levy and collect taxes upon
all property within the district as provided in this chapter.
2. Class B. To levy and collect
assessments for special benefits accruing to property within municipalities for
which use of water is allotted as provided in this chapter.
3. Class C. To levy and collect
assessments for special benefits accruing to lands within irrigation districts
for which use of water is allotted as provided in this chapter.
4. Class D. To levy and collect
assessments for special benefits accruing to lands for which use of water is
allotted as provided in this chapter.
5. Class E. To levy and collect
assessments for special benefits accruing to lands from irrigation, flood
control, drainage, safety and health resulting or to result from projects
undertaken by the district.
[16:380:1955]—(NRS A 1963, 772; 1979, 555; 1987, 538; 1989, 1931; 1997, 1199)
NRS 541.170 Board to fix rate of levy under class A; maximum rate;
certification to county commissioners. To
levy and collect taxes under class A as herein provided, the board shall in
each year determine the amount of money necessary to be raised by taxation,
taking into consideration other sources of revenue of the district, and shall
fix a rate of levy which, when levied upon every $100 of assessed valuation of
property within the district, and with other revenues, will raise the amount
required by the district to supply funds for paying expenses of organization,
for surveys and plans, paying the cost of construction, operating and
maintaining the works of the district; but the rate shall not exceed 5 cents on
$100, prior to the commencement of construction of the works, and thereafter
shall not exceed 10 cents on $100, of assessed valuation of the property within
the district. The board shall, between March 1 and March 15 of each year,
certify to the board of county commissioners of each county within the district
or having a portion of its territory within the district the rate so fixed with
directions that at the time and in the manner required by law for levying of taxes
for county purposes such board of county commissioners shall levy such tax upon
the assessed valuation of all 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.
[17:380:1955]—(NRS A 1959, 381)
NRS 541.180 Board may sell or lease water to municipalities upon petition;
levy and collection of special assessments under class B.
1. To levy and collect special assessments
under class B as herein provided, the board shall make an allotment of water to
each petitioning municipality in the district in the manner hereinafter
provided, in such quantity as will in the judgment of the board, when added to
the then present supply of water of such municipality, make an adequate supply
for such municipality, and shall fix and determine the rate or rates per
acre-foot, and terms at and upon which such water shall be sold, leased or
otherwise disposed of, for use by such municipalities; but such rates shall be
equitable although not necessarily equal or uniform for like classes of
services throughout the district. If any city, city and county, or town shall
desire to purchase, lease, or otherwise obtain the beneficial use of waters of
the district for domestic or irrigation purposes, the legislative body of such
municipality shall by ordinance authorize and direct its mayor and clerk to
petition the board for an allotment of water, upon terms prescribed by the
board, which petition shall contain, inter alia, the following:
(a) Name of the municipality.
(b) Quantity of water to be purchased or
otherwise acquired.
(c) Price per acre-foot to be paid.
(d) Whether payments are to be in cash or annual
installments.
(e) Agreement by the municipality to make
payments for the beneficial use of such water together with annual maintenance
and operating charges and to be bound by the provisions of this chapter and the
rules and regulations of the board.
2. The secretary of the board shall cause
notice of the filing of such petition to be given and published once each week
for 2 successive weeks, in a newspaper published in the county in which the
municipality is situated, which notice shall state the filing of such petition
and give notice to all persons interested 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 petition should not be granted. The board, at the time and place
mentioned in the notice or at such time or times at which the hearing of the
petition may adjourn, shall proceed to hear the petition and objections
thereto, presented, in writing, by any person showing cause as aforesaid why
the petition should not be granted. The failure of any person interested to
show cause in writing, as aforesaid, shall be deemed and taken as an assent on
his or her part to the granting of the petition. The board may, at its
discretion, accept or reject the petition; but, if it deems it for the best
interest of the district that the petition be granted, the board shall enter an
order granting the petition, and from and after such order the municipality
shall be deemed to have purchased, leased or otherwise acquired the beneficial
use of water as set forth in the order. If the petition is granted, the board
shall, in each year, determine the amount of money necessary to be raised by
taxation from property within such municipality to pay the annual installments
and a fair proportionate amount of estimated operating and maintenance charges
for the next succeeding year, as provided in the order granting the petition,
and prepare a statement showing the tax rate to be applied to all property in
such municipality, which rate shall be the rate fixed by resolution of the
board modified to the extent necessary to produce from each such municipality
only the amount of money apportioned thereto in the resolution, less any amount
paid or undertaken to be paid by such municipality in cash or as credited
thereto by payments from the general funds of such municipality. Upon receipt
by the board of county commissioners of each county, wherein such municipality
is located, of a certified copy of such resolution showing the tax rate to be
applied to all property in each municipality and showing the municipalities and
the property which is exempt therefrom, if any, the county officers shall levy
and collect such tax in addition to such other tax as may be levied by such
board of county commissioners at the rate so fixed and determined.
[18:380:1955]
NRS 541.190 Board may sell or lease water to irrigation districts; levy and
collection of special assessments under class C.
1. To levy and collect special assessments
upon lands under class C as herein provided, the board shall make an allotment
of water to each of the petitioning irrigation districts within the district in
the manner as hereinafter provided in such quantity as will in the judgment of
the board, when added to the present supply of water of such irrigation
district, make an adequate supply of water for such irrigation district, and
shall fix and determine the rate or rates per acre-foot and terms at and upon
which water shall be sold, leased or otherwise disposed of to such irrigation
district; but such rates shall be equitable although not necessarily equal or
uniform for like classes of services throughout the district. If any irrigation
district shall desire to purchase, lease or otherwise obtain the beneficial use
of waters of the district, the board of such irrigation district shall by resolution
authorize and direct its president and secretary to petition the board for an
allotment of water, upon terms prescribed by the board, which petition shall
contain, inter alia, the following:
(a) Name of the irrigation district.
(b) Quantity of water to be purchased or
otherwise acquired.
(c) Price per acre-foot to be paid.
(d) Whether payments are to be made in cash or
annual installments.
(e) Agreement by such irrigation district to make
payments for the beneficial use of such water, together with annual maintenance
and operating charges, and to be bound by the provisions of this chapter and
the rules and regulations of the board.
2. The secretary of the board shall cause
notice of the filing of such petition to be given and published, which notice
shall state the filing of such petition and give notice to all persons
interested 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 petition should not be
granted. The board at the time and place mentioned in the notice, or at such
time or times at which the hearing of the petition may be adjourned, shall
proceed to hear the petition and objections thereto, presented, in writing, by
any person showing cause as aforesaid why the petition should not be granted.
The failure of any person interested to show cause, in writing, as aforesaid,
shall be deemed and taken as an assent on his or her part to the granting of
the petition. The board may, in its discretion, accept or reject the petition,
but, if it deems it for the best interest of the district that the petition
shall be granted, shall enter an order to that effect granting the petition,
and from and after such order, the irrigation district and persons therein
shall be deemed to have purchased, leased or otherwise acquired the beneficial
use of water as set forth in the order. If the petition is granted, the board
shall, in each year, determine the amount of money necessary to be raised by
special assessment on lands within such irrigation district and shall determine
whether such special assessment shall be levied by the district or by the
irrigation district. If the board determines that such assessments shall be
levied by the district, it shall certify to the county assessor of the county
in which the lands of such irrigation district are located the amount of the
assessment, plus a fair proportionate amount of the estimated operating and
maintenance charges for the next succeeding year on each tract of land on or
before April 1 of each year, and such county assessor shall extend the amount
of such special assessment, plus the operating and maintenance charges on the
tax roll as a special assessment against the lands on which the special
assessment is made. If the board determines that such assessments shall be
levied by the irrigation district, the district shall make a contract with the
irrigation district which shall provide among other things for the annual
payment to the district of an amount to be obtained from the levy by the
irrigation district of annual assessments in accordance with chapter 539 of NRS.
[19:380:1955]
NRS 541.200 Board may sell or lease water to persons and private
corporations on petition; levy and collection of taxes under class D.
1. To levy and collect special assessments
upon lands under class D as herein provided, the board shall make an allotment
of water to petitioning owners of lands in the district, upon which water can
be beneficially used in the manner as hereinafter provided, in such amount as
will, in the judgment of the board, together with the present supply of water
for irrigation purposes on such lands, make an adequate water supply for
irrigation of such lands, and shall fix and determine the rate or rates per
acre-foot and the terms at and upon which water shall be held, leased, or
otherwise disposed of, for use on the lands. If any person or private
corporation shall elect to purchase, lease or otherwise obtain the beneficial
use of waters of the district for irrigation of lands or for domestic purposes,
such person or corporation shall petition the board for an allotment of water
upon terms prescribed by the board which petitions shall contain, inter alia,
the following:
(a) Name of the applicant.
(b) Quantity of water to be purchased or
otherwise acquired.
(c) Description of lands upon which, or location
where, the water will be used and attached.
(d) Price per acre-foot to be paid.
(e) Whether payments will be made in cash or
annual installments.
(f) Agreement that the annual installments and
the charges for maintenance and operating shall become a lien upon the lands
for which such water is petitioned and allotted and to be bound by the
provisions of this chapter and the rules and regulations of the board.
2. The board may, in its discretion,
accept or reject the petition, but, if it deems it for the best interests of
the district that the petition be granted, shall enter an order granting the
petition, and from and after such order the petitioner shall have been deemed
to have agreed to the purchase, lease or other means of acquiring the
beneficial use of water under the terms set forth in the petition and order.
Such order shall provide for payment on the basis of rate per acre-foot of
water allotted to the lands within the district, providing:
(a) That the board may divide the district into
units and fix a different rate per acre-foot of water in the respective units;
and
(b) That such rates shall be equitable although
not necessarily equal or uniform for like classes of services throughout the district.
3. The secretary of the board shall cause
notice of the filing of such petition to be given and published, which notice
shall state the filing of such petition and give notice to all persons
interested 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 petition should not be
granted. The board at the time and place mentioned in the notice, or at such
time or times at which the hearing on the petition may be adjourned, shall proceed
to hear the petition and objections thereto, presented, in writing, by any
person showing cause, as aforesaid, why the petition should not be granted. The
failure of any person interested to show cause, in writing, as aforesaid, shall
be deemed and taken as an assent on his or her part to the granting of the
petition. The board may, in its discretion, accept or reject the petition, but,
if it deems it for the best interest of the district that the petition shall be
granted, shall enter an order to that effect granting the petition, and from
and after such order the petitioner or persons interested therein shall be
deemed to have purchased, leased or otherwise acquired the beneficial use of
water as set forth in the order. If the petition is granted, the board shall
cause a certified copy of the order granting the petition to be recorded in the
county in which the lands are located, and thereafter the annual installments
and annual operating and maintenance charges shall be a perpetual lien upon
such lands. The board shall, between March 1 and March 15 of each year, certify
to the county assessor of the county within the district in which such lands
are located the amount of the annual installments, plus a fair proportionate
amount of the estimated operating and maintenance charges apportioned to the
lands for the next succeeding year, and the county assessor shall extend the
amount so certified on the tax roll as a flat special assessment against the
lands for which such water is petitioned and allotted.
[20:380:1955]—(NRS A 1959, 381)
NRS 541.205 Board may undertake irrigation, flood control, drainage, safety
and health projects; levy and collection of special assessments under class E.
1. To levy and collect special assessments
upon lands under class E as herein provided, the board shall examine the land
in the district and determine the benefits which will accrue to each parcel of
land from the construction or purchase of the works proposed for the district.
The cost of such works shall be apportioned or distributed over such parcels of
land in proportion to such benefits.
2. Any county, municipality, irrigation
district, person or corporation which desires a board to undertake any
irrigation, flood control, drainage, safety or health project may file a
petition requesting the accomplishment of any such project with the board of
the district in which such project is desired to be accomplished.
3. Every such petition shall be issued
pursuant to an ordinance adopted by the county or municipality which desires
the accomplishment of the project, or, if the petitioner is other than a county
or municipality, by the county or municipality in which the petitioner resides,
and shall set forth:
(a) The name of the petitioner.
(b) The nature of the project desired to be
accomplished.
(c) The estimated cost and extent of such
project.
4. The secretary of the board shall cause
notice of the filing of the petition to be published, which notice shall state
the filing of such petition and give notice to all persons interested to appear
at the office of the board at a time named in the notice and, in writing, show
cause, if any, why the petition should not be granted. The board, at the time
and place mentioned in the notice, or at such time or times to which the
hearing may be adjourned, shall hear the petition and objections thereto. The failure
of any person to show cause in writing why the petition should not be granted
shall be deemed an assent on his or her part to the granting of the petition.
The board may, in its discretion, accept or reject the petition, but if it
finds that it will be in the best interest of the district that the petition be
granted, it shall enter an order to that effect granting the petition and
fixing annual special assessments on the land within the district apportioned
as provided in subsection 1.
5. If the petition is granted, the board
shall cause a certified copy of the order granting the petition to be recorded
in the county in which the lands are located, and thereafter the annual special
assessments shall be a perpetual lien upon such lands. The board shall, between
March 1 and March 15 of each year, certify to the county assessor of the county
within the district in which such lands are located the amount of the annual
special assessments, plus a fair proportionate amount of the estimated
operating and maintenance charges apportioned to the lands for the next
succeeding year, and the county assessor shall extend the amount so certified
on the tax roll as a flat special assessment against such lands.
(Added to NRS by 1963, 764)
NRS 541.207 Board or subcontracting agency not required to furnish water for
artificially created lake or stream if restricted or prohibited by ordinances;
exceptions. In any county whose
population is 700,000 or more:
1. Except as otherwise provided in
subsection 2, nothing in this chapter requires the board or a subcontracting
agency to furnish water for the purpose of filling or maintaining an
artificially created lake or stream where that use of water is prohibited or
restricted by ordinance of:
(a) The county, if the lake or stream is located
within the unincorporated areas of the county; or
(b) A city, if the lake or stream is located
within the boundaries of the city.
2. The provisions of subsection 1 and of
any ordinance referred to in subsection 1 do not apply to:
(a) Water stored in an artificially created
reservoir for use in flood control, in meeting peak water demands or for
purposes relating to the treatment of sewage;
(b) Water used in a mining reclamation project;
or
(c) A body of water located in a recreational
facility that is open to the public and owned or operated by the United States
or the State of Nevada.
(Added to NRS by 1989, 1445; A 2011, 1295)
NRS 541.210 Board may levy additional assessments to pay deficiencies. The board, in making the annual assessments
and levies as herein provided, shall take into account the maturing
indebtedness for the ensuing year as provided in its contracts and deficiencies
and defaults of prior years, and shall make ample provision for the payment
thereof. In case the proceeds of such levies and assessments made under the
provisions of this chapter, together with other revenues of the district, are
not sufficient to pay punctually the annual installments on its contracts, and
interest thereon, and to pay defaults and deficiencies, then the board shall
make such additional levies of assessments against property to which water has
been allotted as may be necessary for such purposes, and, notwithstanding any
limitations by contract, order, or otherwise, such assessments shall be made
and continue until the indebtedness of the district shall be fully paid.
[21:380:1955]
NRS 541.220 Board to hear objections to assessments; procedure; appeal to
district court.
1. Prior to March 1 of each year in which
assessments are made, the board shall appoint a time and place or places where
it will meet within the district for the purposes of hearing objections to
assessments, and prior notice of such hearing shall be given by publication in
two issues, a week apart, in some newspaper of general circulation published in
each county; but if there is any county in the district in which there is no
newspaper published, then such notice shall be published in an adjoining
county. The notice shall notify the owners of property in the district that in
the secretary’s office may be found and examined a description of the property
so assessed, the amount of the assessment thereon fixed by the board, and the
time and place or places fixed by the board for the hearing of objections to
such assessments. It shall not be necessary for the notice to contain separate
descriptions of the lots or tracts of real estate, but it shall be sufficient
if the notice shall contain such descriptions as will inform the owner whether
or not the real estate is covered by such descriptions, and will inform the
owner where can be found of record the amount of assessments. If, in the
opinion of any person whose property is assessed, his or her property has been
assessed too high, or has been erroneously or illegally assessed, the person
may, at any time before the date of such hearing, file written objections to
such assessments, stating the grounds of such objections, which statement shall
be verified by the affidavit of the person or an agent thereof. In such hearing
the board shall hear such evidence and arguments as may be offered concerning
the correctness or legality of such assessment and may modify or amend the same.
Any owner of property desiring to appeal from the findings of the board as to
assessment shall, within 30 days from the findings of the board, file with the
clerk of the court a written notice making demand for trial by the court. The
appellant at the same time shall file a bond with good and sufficient security
to be approved by the clerk of the court, in a sum not exceeding $200, to the
effect that if the finding of the court be not more favorable to the appellant
than the finding of the board the appellant will pay the cost of the appeal.
The appellant shall state definitely from what part of the order the appeal is
taken. In case more than one appeal is taken, the court may, upon its showing
that the same may be consolidated without injury to the interests of anyone,
consolidate and try the same together.
2. The court shall not disturb the
findings of the board unless the findings of the board in any case are
manifestly disproportionate to the assessments imposed upon other property in
the district created under this chapter. The trial shall be to the court and
the matter shall take precedence before the court and shall be taken up as
promptly as may be after the appeal is filed. If no appeal is taken from the
findings of the board within the time prescribed in this section, or after the
findings of the court in case an appeal is taken from the findings of the
board, then the findings shall be final and conclusive evidence that the
assessments have been made in proportion to the benefits conferred upon the
property in the district by reason of the improvements to be constructed under
the provisions of this chapter, and such assessments shall constitute a
perpetual lien upon such property so assessed until paid.
[22:380:1955]—(NRS A 1959, 383)
NRS 541.230 Officials charged with duty to collect taxes; taxes levied
create equal lien. The officer or
body having authority to levy taxes within each county, city and county, or
town shall levy the taxes and special assessments as provided in this chapter,
and all county, or city and county, officials, charged with the duty of
collecting taxes, shall collect such taxes and special assessment in the time,
form and manner and with like interest and penalties as county or city and
county taxes are collected and when collected shall pay the same to the
district ordering its levy and collection; and the payment of such collections
shall be made through the secretary of the district and paid into the
depository thereof to the credit of the district. All taxes and assessments
made under this chapter, together with all interest thereon and penalties for
default in payment thereof, and all costs in collecting the same, shall, until
paid, constitute a perpetual lien on a parity with the tax lien of general,
state, county, city, town or school taxes and no sale of such property to
enforce any general, state, county, city, town or school tax or other liens
shall extinguish the perpetual lien of such taxes and assessments.
[23:380:1955]
NRS 541.240 Sale of real property for unpaid taxes and assessments. If the taxes and assessments levied are not
paid as provided in NRS 541.230, then the real
property, if not redeemed within the time allowed by law, must be sold and
conveyed for the payment of taxes, assessments, interest and penalties in the
manner provided in NRS 361.5648 to 361.730, inclusive, for the sale of real
property after default in payment of general taxes.
[24:380:1955]—(NRS A 2005, 518)
NRS 541.250 Property exempt from assessments. All
property of whatever kind and nature owned by the State and by towns, cities,
school districts, drainage districts, irrigation districts, water districts, or
any other governmental agency or agencies within the district, shall be exempt
from assessment and levy by the board as provided by this chapter for the
purposes herein contained.
[25:380:1955]
NRS 541.260 Board may dispose of water under contracts. The board may sell, lease or otherwise dispose
of the use of water to persons, public or private corporations, mutual ditch
companies and water users’ associations as shall be provided by term contracts,
or by contracts for the perpetual use of such water, authorized and entered
into by the board of directors; and the board may require that security be
given to secure the payments to be made under such contract or contracts. In
contracts with public corporations, the security required may be supplied by
including appropriate provisions for the levying by such corporations of
special assessments to meet annual payments to the district.
[26:380:1955]
NRS 541.270 Liens to secure payment of annual installments. To meet the annual installments as provided in
contracts for the use of water:
1. A water users’ association may bind
itself to levy an annual assessment on the use of water and to secure the same
by liens on land and water rights or in such manner as may be provided by law.
2. A mutual ditch or irrigation company
may bind itself by mortgage upon its irrigation works and system and levy
annual assessments upon its stockholders.
3. Any person or corporation landowner may
create a mortgage lien upon lands or give other security satisfactory to the
board; and all such contracts shall provide for forfeiture of the use of water
for nonpayment of assessments or installments.
[27:380:1955]
NRS 541.280 Board may create sinking fund. Whenever
a contract of indebtedness has been created by the district, it shall be lawful
for the board to make the annual levy of taxes and special assessments in such
amount as will create a surplus of funds to meet the annual installments of
indebtedness and interest and the necessary maintenance and operating charges,
and the board shall cause such surplus funds to be placed in a sinking fund
which may be used for the payments of contingencies, defaults and
delinquencies, and to pay the future annual installments of indebtedness on
contracts and interest.
[28:380:1955]
NRS 541.290 Powers of board in distribution of water. The board shall have the following powers
concerning the management, control, delivery, use and distribution of water by
the district:
1. To make and enforce all reasonable
regulations for the management, control and delivery of water, subject to the
provisions of NRS 416.060.
2. To withhold the delivery of water upon
which there are any defaults or delinquencies of payment.
3. Subject to such limitations as may be
prescribed by the board of directors, to provide for and declare forfeitures of
rights to the use of water upon default or failure to comply with any order,
contract or agreement for the purchase, lease or use of water and to resell,
lease or otherwise dispose of water upon which forfeiture has been declared.
4. To allocate and reallocate the use of
water to lands within the district.
5. To provide for and grant the right,
upon terms, to transfer water from lands to which water has been allocated to
other lands within the district and to discharge liens from lands to which same
was theretofore attached and to create liens, as provided in this chapter, upon
lands to which the use of such water is transferred.
[29:380:1955]—(NRS A 1977, 552)
NRS 541.300 Contracts relating to electrical energy. The board is authorized to enter into
contracts for the operation and maintenance of works for the generation and
supplying of electrical energy and for the disposition of power generated
thereat. The board may also enter into contracts for the acquisition, purchase,
sale or other disposition of electrical energy.
[30:380:1955]—(NRS A 2001, 2091)
NRS 541.310 Change of boundaries: Petition for inclusion of other lands;
procedure.
1. The boundaries of any district
organized under the provisions of this chapter may be changed in the manner
herein prescribed, but the change of boundaries of the district shall not:
(a) Impair or affect its organization or its
rights in or to property, or any of its rights or privileges whatsoever.
(b) Affect or impair or discharge any contract,
obligation, lien or charge for or upon which it might be liable or chargeable
had such change of boundaries not been made.
2. The owners of lands may file with the
board a petition, in writing, praying that such lands be included in the
district. The petition shall describe the tracts or body of land owned by the
petitioners, and such petition shall be deemed to give assent of the
petitioners to the inclusion in the district of the lands described in the
petition. The petition must be acknowledged in the same manner that conveyances
of land are required to be acknowledged.
3. The secretary of the board shall cause
notice of filing of such petition to be given and published in the county in
which the lands are situated, which notice shall state the filing of such
petition, names of petitioners, description of lands mentioned and the prayer
of the petitioners; and it shall give notice to all persons interested to
appear at the office of the board at the time named in the notice and show
cause in writing, if any they have, why the petition should not be granted.
4. The board shall at the time and place
mentioned, or at such time or times at which the hearing may be adjourned,
proceed to hear the petition and all objections thereto presented, in writing,
by any person showing cause why the petition should not be granted. The failure
of any person interested to show cause, in writing, shall be deemed and held
and taken as an assent on his or her part to the inclusion of such lands in the
district as prayed for in the petition.
5. If the petition is granted, the board
shall make an order to that effect and file same with the clerk of the court,
and upon order of the court the lands shall be included in the district.
[31:380:1955]
NRS 541.320 Petition for exclusion of lands in district; procedure; court
order.
1. The owner or owners in fee of any lands
constituting a portion of the district may file with the board a petition
praying that such lands be excluded and taken from the district.
2. Petitions shall describe the lands
which the petitioners desire to have excluded. The petition must be
acknowledged in the same manner and form as required in case of a conveyance of
land and be accompanied by a deposit of money sufficient to pay all costs of
the exclusion proceedings.
3. The secretary of the board shall cause
a notice of filing of such petition to be published in the county in which the
lands, or the major portion thereof, are located. The notice shall state the
filing of such petition, the names of petitioners, descriptions of lands
mentioned in the petition, and the prayer of the petitioners; and it shall
notify all persons interested to appear at the office of the board at the time
named in the notice, showing cause in writing, if any they have, why the
petition should not be granted.
4. The board at the time and place
mentioned in the notice, or at the time or times at which the hearing of the
petition may be adjourned, shall proceed to hear the petition and all
objections thereto presented, in writing, by any person showing cause why the
prayer of the petition should not be granted. The filing of such petition shall
be deemed and taken as an assent by each and all such petitioners to the
exclusion from the district of the lands mentioned in the petition, or any part
thereof. The board, if they deem it not for the best interests of the district
that the lands mentioned in the petition, or portion thereof, shall be excluded
from the district, shall order that the petition be denied; but if the board
deems it for the best interest of the district that the lands mentioned in the
petition, or some portion thereof, be excluded from the district, and if there
are not outstanding bonds of the district, then the board may order the lands
mentioned in the petition, or some portion thereof, to be excluded from the
district. In case a contract has been made between the district and the United
States or any agency thereof, no change shall be made in the boundaries of the
district unless the Secretary of the Interior shall assent thereto in writing
and such assent be filed with the board. Upon such assent, any lands excluded
from the district shall upon order of the court be discharged from all liens in
favor of the United States under the contract with the United States or under
bonds deposited with its agents.
5. Upon allowance of such petition, the
board shall file a certified copy of the order of the board making such change
with the clerk of the court, and upon order of the court the lands shall be
excluded from the district.
[32:380:1955]
NRS 541.330 Board may enter into contracts relative to payments to be made
to United States. To pay for
construction, operation, and maintenance of works and expenses preliminary and
incidental thereto, the board is authorized to enter into a contract or
contracts with the United States or any agency thereof, providing for payment
therefor in installments or otherwise.
[33:380:1955]
NRS 541.340 Acquisition of works: Procedure for creation of indebtedness;
elections.
1. Whenever the board of a district
incorporated under this chapter, by resolution adopted by a majority of the
board, determines that the interests of the district and the public interest or
necessity demand the acquisition, construction or completion of any source of
water supply, waterworks, or other improvements, or facility, or the making of
any contract with the United States, the State of Nevada or other persons to
carry out the objects or purposes of the district, wherein the indebtedness or
obligations required will be a greater expenditure than the ordinary annual
income and revenue of the district permits, the board shall order the
submission of the proposition of issuing that obligation or indebtedness, for
the purposes set forth in the resolution, to such qualified electors of the
district as have paid a tax on property in the district in the year preceding
the election, at a special election or the next primary or general election. In
the order submitting the propositions to the electors, the board shall, if it
is proposed that the indebtedness be secured by pledge of any revenues of the
district, so state, and shall designate the revenues to be so pledged.
2. A special election may be held only if
the board determines, by a unanimous vote, that an emergency exists. The
determination made by the board is conclusive unless it is shown that the board
acted with fraud or a gross abuse of discretion. An action to challenge the
determination made by the board must be commenced within 15 days after the
board’s determination is final. As used in this subsection, “emergency” means
any unexpected occurrence or combination of occurrences which requires
immediate action by the board to prevent or mitigate a substantial financial
loss to the district or to enable the board to provide an essential service to
the residents of the district.
3. Any election held for the purpose of
submitting any proposition or propositions of incurring such obligation or
indebtedness may be held separately, or may be consolidated or held
concurrently with any other election authorized by law at which such qualified
electors of the district are entitled to vote.
4. A resolution adopted pursuant to
subsection 1 must, in addition to the declaration of public interest or
necessity, include a statement of:
(a) The objects and purposes for which the
indebtedness is proposed to be incurred.
(b) The estimated cost of the works or
improvements, as the case may be.
(c) The amount of principal of the indebtedness
to be incurred therefor, and the maximum rate of interest to be paid on the
indebtedness.
5. The resolution must also:
(a) Fix the date upon which the election will be
held and the manner of holding the election and describe the method of voting
for or against the incurring of the proposed indebtedness.
(b) Fix the compensation to be paid the officers
of the election and shall designate the precincts and polling places and shall
appoint for each polling place, from each precinct from the electors thereof,
the officers of such election, which officers shall consist of three judges,
one of whom shall act as clerk, who shall constitute a board of election for
each polling place.
6. The description of precincts may be
made by reference to any order of the board of county commissioners of the
county in which the district or any part thereof is situated, or by reference
to any previous order or resolution of the board or by detailed description of those
precincts. Precincts established by the boards of the various counties may be
consolidated for special elections held hereunder.
7. If the election is held concurrently or
consolidated with any other election, the resolution calling the election is
not required to designate precincts or polling places or the names of officers
of election, but must contain a reference to the act or order calling such
other election and fixing the precincts and polling places and appointing
election officers therefrom.
[34:380:1955]—(NRS A 1963, 772; 1993, 1090)
NRS 541.350 Publication of resolution for creation of indebtedness. The resolution provided for in NRS 541.340 must be published once a week for 2
consecutive weeks, the last publication of which must be at least 10 days
before the election, in a newspaper of general circulation printed and
published within the district.
[35:380:1955]—(NRS A 1993, 1091)
NRS 541.360 Conduct of election; canvass of returns. The respective election boards shall conduct
the election in their respective precincts in the manner prescribed by law for
the holding of general elections, and shall make their returns to the secretary
of the district. At any regular or special meeting of the board held not
earlier than 6 working days following the date of the election, the returns
thereof must be canvassed and the results thereof declared. If any election
held pursuant to NRS 541.340 is consolidated with
any primary or general election, the returns thereof must be made and canvassed
at the time and in the manner provided by law for the canvass of the returns of
such a primary or general election. The canvassing body shall promptly certify
and transmit to the board a statement of the result of the vote upon the
proposition submitted pursuant to NRS 541.340. Upon
receipt of the statement, the board shall tabulate and declare the results of
the proposition voted on at the election.
[36:380:1955]—(NRS A 1993, 1091; 2007, 627)
NRS 541.370 Majority vote required to authorize indebtedness; resubmission
of proposition.
1. If it appears from the returns that a
majority of the qualified electors of the district who voted on any proposition
submitted pursuant to NRS 541.340 voted in favor of
the proposition, the district may incur the indebtedness or obligations and
enter into the contract for the purpose or purposes and object or objects
provided for in the proposition submitted pursuant to NRS
541.340, and in the amount so provided and at a rate of interest not
exceeding the rate of interest recited in the resolution.
2. Submission of the proposition of
incurring such obligation or other indebtedness at a special, primary or
general election does not prohibit submission of the same proposition or other
propositions at a subsequent special, primary or general election.
[37:380:1955]—(NRS A 1993, 1092)
NRS 541.380 Board may petition court for judicial determination of orders,
acts, power, taxes and contracts.
1. The board may, in its discretion, at
any time file a petition in the court, praying a judicial examination and
determination of the validity of the proceedings for the formation of any water
conservancy district or subdistrict thereof purported to be formed under the
provisions of this chapter or any amendment thereof or of any power conferred
hereby or by any amendment hereto or of any tax or assessment levied or of any
act, proceeding or contract of any such district or subdistrict, whether or not
the contract shall have been executed, including proposed contracts for the
acquisition, construction, maintenance or operation of works for such district
or subdistrict.
2. The petition shall set forth the facts
whereon the validity of such order, power, assessment, act, proceeding or
contract is founded and shall be verified by the president of the board. Notice
of the filing of the petition shall be given by the clerk of the court, under
the seal thereof, stating in brief outline the contents of the petition and
showing where a complete copy of any contract or contracts, therein mentioned,
may be examined. The notice shall be served by publication at least once a week
for 4 consecutive weeks in a newspaper of general circulation in the county in
which the principal office of the district is located, and by posting the same
in the office of the district at least 30 days prior to the date fixed in the
notice for the hearing on the petition. Any owner of property in the district
or person interested in the contract or proposed contract may appear and answer
the petition at any time prior to the date fixed for the hearing or within such
further time as may be allowed by the court, and the petition shall be taken as
confessed by all persons who fail so to appear.
3. The petition and notice shall be
sufficient to give the court jurisdiction and, upon hearing, the court shall
examine into and determine all matters and things affecting the question
submitted, shall make such findings with reference thereto and render such
judgment and decree thereon as the case warrants. Costs may be divided or
apportioned among the contesting parties in the discretion of the trial court.
4. Review of the judgment of the court may
be had as in other similar cases, except that such review must be applied for
within 30 days after the time of the rendition of such judgment, or within such
additional time as may be allowed by the court within 30 days.
5. The Nevada Rules of Civil Procedure
shall govern in the matters of pleading and practice where not otherwise
specified herein.
6. The court shall disregard any error,
irregularity or omission which does not affect the substantial rights of the
parties.
[38:380:1955]
NRS 541.390 Notice; jurisdiction of district court not lost for failure to
give notice. In every case where a
notice is provided for in this chapter, if the court finds for any reason that
due notice was not given, the court shall not thereby lose jurisdiction and the
proceeding in question shall not thereby be void or be abated, but the court
shall in that case order due notice to be given and shall continue the hearing
until such time as notice shall be properly given, and thereupon shall proceed
as though notice had been properly given in the first instance.
[39:380:1955]
NRS 541.400 Cases to be heard by court at earliest practicable moment.
1. All cases in which there may arise a
question of the validity of the organization of a water conservancy district or
a question of the validity of any proceeding under this chapter shall be
advanced as a matter of immediate public interest and concern, and be heard at the
earliest practicable moment.
2. The courts shall be open at all times
for the purposes of this chapter.
[40:380:1955]
NRS 541.410 Liberal construction of chapter. This
chapter, being necessary to secure and preserve the public health, safety,
convenience and welfare, and for the security of public and private property,
shall be liberally construed to effect the purposes of this chapter.
[41:380:1955]
NRS 541.420 Conflicting laws declared nonoperative. All
laws or parts of laws conflicting in any way with any of the provisions of this
chapter in regard to the improvements or improvement districts, or regulating
or limiting the power of taxation or assessments, or otherwise interfering with
the accomplishment of the purposes of this chapter according to its terms, are
hereby declared nonoperative and noneffective as to this chapter as completely
as if they did not exist. But all such laws and parts of laws shall not in any
other way be affected by this chapter.
[43:380:1955]
