Nrs: Chapter 541 - Water Conservancy Districts

Link to law: https://www.leg.state.nv.us/NRS/NRS-541.html
Published: 2015

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[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.

_________

_________

 

      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]