This chapter may be known and cited as
the Water Conservancy Districts Act.
[1:380:1955]
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)
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)
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)
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 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)
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)
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)
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 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 his county in his hands and shall certify to the district court
under his official seal, 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 his 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 Supreme Court 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
Supreme Court 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 Supreme
Court 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 Supreme Court 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)
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]
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 he 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 is appointed and until his 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)
1. Each director before entering upon his official duties shall
take and subscribe to an oath, before a person authorized to administer
oaths, that he will support the Constitutions of the United States and
the State of Nevada and will honestly, faithfully and impartially perform
the duties of his office.
2. Upon taking oath, the board shall choose one of their number
chairman 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.
3. Each member of the board is entitled to receive as compensation
for his 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 )
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]
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 him 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 he 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]
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 )
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)
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)
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)
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)
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 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]
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 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]
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 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)
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 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)
In any county whose population is 400,000 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 a man-made lake or stream where
that use of water is prohibited or restricted by ordinance of:
(a) The county, if the man-made lake or stream is located within
the unincorporated areas of the county; or
(b) A city, if the man-made 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 a man-made 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)
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]
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 his 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 property has
been assessed too high, or has been erroneously or illegally assessed, he
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 his agent.
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)
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]
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 )
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]
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]
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]
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]
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)
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 )
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 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]
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]
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]
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)
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)
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 5
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)
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)
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]
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]
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]
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]
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]
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