USA Statutes : nevada
Title : Title 48 - WATER
Chapter : CHAPTER 538 - INTERSTATE WATERS, COMPACTS AND COMMISSIONS
1. The provisions of the first paragraph of Article XI of the
Colorado River Compact, making the Compact effective when it shall have
been approved by the legislature of each of the signatory states, are
hereby waived and the Compact shall become binding and obligatory upon
the State of Nevada and upon the other signatory states which have
ratified or may ratify it after March 18, 1925, whenever at least six of
the signatory states shall have consented thereto and the Congress of the
United States shall have given its consent and approval.
2. This section shall be of no force or effect until this or a
similar resolution shall have been passed or adopted by the legislatures
of the States of California, Colorado, Nevada, New Mexico, Utah and
Wyoming.
3. Certified copies of this section shall be prepared by the
Secretary of State and forwarded by the Governor of the State of Nevada
to the President of the United States, the Secretary of State of the
United States, and the Governors of the States of Arizona, California,
Colorado, New Mexico, Utah and Wyoming.
[1:96:1925; NCL § 1440] + [2:96:1925; NCL § 1441]
1. If the Congress shall enact legislation authorizing payments to
be made to the State of Nevada, conforming to the requirements of
subsection 2, upon the election of the State of Nevada to receive the
same in commutation and in lieu of the payments now provided for this
state in section 4(b) of the Boulder Canyon Project Act, the State of
Nevada does hereby elect to receive such payments conforming to the
requirements of subsection 2, in commutation and in lieu of the payments
to it, so provided for in the Boulder Canyon Project Act.
2. The foregoing election is made upon the condition that the
congressional legislation shall provide for payments to be made to the
State of Nevada in the definite and fixed sum of $300,000 for each year
of operation (June 1 to May 31) of the Boulder Dam and power plant during
the period of not less than 50 years of operation beginning with the year
of operation ending May 31, 1938, and continuing annually thereafter
until and including the year of operation ending May 31, 1987, and for
such further time, if any, as may be provided for in such proposed
congressional legislation, each such annual payment to be due and payable
before June 30 immediately following the close of the year of operation
for which it is made. The payment for the years of operation ending May
31, 1938, and May 31, 1939, shall be due and payable on June 30, 1939,
and shall be made as soon thereafter as administration of such
congressional legislation will permit; and each such annual payment shall
be made annually thereafter at such times as shall be provided for in the
proposed act of the Congress. All payments shall be subject to such
adjustments as may be prescribed by such congressional legislation, in
the event that any such payments cannot be made, either in whole or in
part, by reason of failure of revenues received by the United States from
the operation of Boulder Dam and incidental works and power plant, due to
any act of God, or of the public enemy, or any major catastrophe or any
other unforeseen and unavoidable cause.
3. The Attorney General of Nevada is hereby authorized and
empowered upon the enactment of such congressional legislation to
determine whether or not there is substantial conformity between the
provisions thereof and the provisions of this section, and to certify
such determination to the Governor, who shall proclaim the same. Upon the
filing of a copy of such proclamation with the Secretary of the Interior,
the election hereby made shall become final and complete.
4. Since an emergency exists therefor, this section shall become
effective immediately upon the effective date of such congressional
legislation; but if the Congress shall not enact such legislation, then
the enactment of this section shall not be deemed to waive or diminish
any right or rights of the State of Nevada under the Boulder Canyon
Project Act, and contracts made thereunder.
5. This section is hereby declared to be the appropriate and the
only appropriate legislative action of this state for the purpose of
accomplishing the election by the state to receive and accept the
commutation provided for in this section and required by the proposed
congressional legislation to make such commutation effective.
[1:91:1939; 1931 NCL § 852] + [2:91:1939; 1931 NCL § 852.01] +
[3:91:1939; 1931 NCL § 852.02] + [4:91:1939; 1931 NCL § 852.03] +
[5:91:1939; 1931 NCL § 852.04]
If and when the Boulder Canyon Project
Adjustment Act becomes effective, and whenever and as often as any
payments are made to the State Treasurer of the State of Nevada, the
State Treasurer shall accept the same and such payments shall be placed
by the State Treasurer in the General Fund of the State of Nevada.
[1:141:1941; A 1943, 7; 1943 NCL § 853]
COLORADO RIVER COMMISSION OF NEVADA
As used in NRS 538.041 to 538.251 ,
inclusive, unless the context otherwise requires:
1. “Colorado River” means the Colorado River and all of the
tributaries of the river.
2. “Commission” means the Colorado River Commission of Nevada.
3. “Commissioner” means a commissioner of the Colorado River
Commission of Nevada.
4. “Executive Director” means the Executive Director of the
Colorado River Commission of Nevada.
5. “Southern Nevada Water Authority” means the political
subdivision of the State of Nevada created on July 25, 1991, by a
cooperative agreement entered into on that date pursuant to the
provisions of NRS 277.080 to 277.180
, inclusive.
6. “Supplemental water” means water from any source which, if
acquired, would allow water to be used consumptively from the mainstream
of the Colorado River in excess of Nevada’s apportionment pursuant to the
Boulder Canyon Project Act of 1928. The term does not include water from:
(a) Lake Tahoe;
(b) The Truckee, Carson or Walker River;
(c) Any groundwater within the State of Nevada, other than
groundwater within Clark County; or
(d) Any surface water within the State of Nevada or that flows into
the State of Nevada, other than the waters of the Colorado River,
Ê unless the State Engineer authorizes the transfer of that water to the
Colorado River pursuant to the provisions of this chapter or chapter 532
, 533 or 534
of NRS.
7. “Water purveyor” means a public entity created by or pursuant
to the laws of this State which:
(a) Is engaged in:
(1) The acquisition of water on behalf of, or the delivery
of water to, another water purveyor; or
(2) The retail delivery of water in this State; and
(b) Is not a member of another such public entity that is itself
engaged in the activities described in paragraph (a).
(NRS A 1973, 1604; 1975, 43; 1977, 1172; 1981, 1435; 1983, 1588;
1995, 970, 2239; 2001, 2440 )
The
Colorado River Commission of Nevada, consisting of seven members, is
hereby created. Four members must be appointed by the Governor. Three
members must be appointed by the Board of Directors of the Southern
Nevada Water Authority. The Governor shall designate one of his
appointees to serve as Chairman of the Commission.
[Part 1:71:1935; 1931 NCL § 1443.01]—(NRS A 1963, 982; 1967, 679;
1973, 1604; 1977, 1237; 1981, 1435; 1993, 1107; 2001, 2441 )
1. The members appointed by the Governor must be residents of this
state. The members appointed by the Southern Nevada Water Authority must
be persons who serve on the Board of Directors of the Authority. When a
person so appointed ceases to be a member of the Board of Directors, the
remaining members of the Board of Directors shall fill the vacancy by
appointment from among its membership.
2. All members must have a general knowledge of:
(a) The development of the Colorado River and its tributaries
within this state; and
(b) The rights of this state concerning the resources and benefits
of the Colorado River.
[Part 1:71:1935; 1931 NCL § 1443.01] + [2:71:1935; 1931 NCL §
1443.02]—(NRS A 1965, 403; 1967, 680; 1973, 1604; 1977, 1237; 1981, 1375,
1436; 1993, 1108)
The appointing authority may
at any time remove any commissioner for neglect of duty or malfeasance in
office.
[Part 1:71:1935; 1931 NCL § 1443.01] + [3:71:1935; 1931 NCL §
1443.03]—(NRS A 1977, 1237; 1993, 1108)
1. While engaged in official business of the Commission, each
commissioner appointed by the Governor is entitled to receive a salary of
not more than $80 per day, as fixed by the Commission.
2. While engaged in the business of the Commission, each member
and employee of the Commission is entitled to receive the per diem
allowance and travel expenses provided for state officers and employees
generally.
3. The Executive Director or an employee of the Commission
designated by the Executive Director shall certify all bills and claims
for compensation, per diem expense allowances and travel expenses of the
commissioners, and shall submit them for payment in the same manner as
all other state claims. The bills and claims must be paid from the
Colorado River Commission Fund or any other fund administered by the
Commission and designated to be used for those expenses by the Executive
Director.
4. The Commission shall provide its members who are appointed by
the Governor with industrial insurance through a private carrier
authorized to provide industrial insurance in this state and shall budget
and pay for the premiums for that insurance.
[4:71:1935; A 1951, 235] + [Part 5:71:1935; A 1951, 235]—(NRS A
1961, 415; 1963, 742; 1965, 403; 1967, 680; 1973, 1605; 1975, 299; 1981,
1436, 1538; 1983, 1518; 1985, 435; 1989, 1718; 1993, 1108; 1995, 2047;
1999, 1827 ; 2001, 2441 )
At the first meeting of the Commission in
each calendar year, the Commission shall select the Vice Chairman for the
ensuing calendar year. The Executive Director shall provide necessary
secretarial service for the Commission.
[Part 1:71:1935; 1931 NCL § 1443.01] + [Part 5:71:1935; A 1951,
235]—(NRS A 1963, 982; 1965, 404; 1967, 680, 986, 1502; 1971, 1441; 1973,
1605; 1981, 1437; 1993, 1108; 2001, 2441 )
The principal place of
business of the Commission must be in Clark County, as particularly
determined by the Executive Director.
[Part 6:71:1935; A 1951, 235]—(NRS A 1973, 1605; 1981, 1437; 2001,
2441 )
1. The commissioners shall meet at such times and in such places
as are designated by the Chairman, but a majority of the commissioners
may call a meeting of the Commission at any time and place designated by
them in a written notice thereof given all commissioners as provided in
this subsection. Except in cases of an emergency, written notice of all
meetings must be given to each commissioner by the Executive Director at
least 3 working days before each meeting. Every notice must include
information concerning the time, location and agenda for the meeting. A
meeting of the Commission must be held at least quarterly.
2. A majority of the commissioners constitutes a quorum for the
transaction of business.
3. As used in this section, “emergency” means any unforeseen
circumstance which requires immediate action by the Commission and
includes:
(a) Any disaster caused by a fire, flood, earthquake or other
natural cause; or
(b) Any circumstance which impairs the health and safety of the
public.
[Part 1:71:1935; 1931 NCL § 1443.01] + [Part 6:71:1935; A 1951,
235]—(NRS A 1973, 1605; 1981, 1437; 1983, 1518; 2001, 2441 )
1. The Commission shall appoint an Executive Director.
2. The Executive Director:
(a) Is in the unclassified service of the State;
(b) Serves at the pleasure of the Commission; and
(c) Shall devote his entire time and attention to the business of
his office and shall not pursue any other business or occupation or hold
any other office of profit.
(Added to NRS by 1981, 1435; A 1985, 435; 1997, 620; 2001, 2442
)
The Executive Director:
1. Is responsible for administering and carrying out the policies
of the Commission.
2. Shall direct and supervise all the technical and administrative
activities of the Commission.
3. Shall report to the Commission all relevant and important
matters concerning the administration of his office. He is subject to the
supervision of the Commission and is responsible, unless otherwise
provided by law, for the conduct of the administrative function of the
Commission’s office.
4. Shall perform any lawful act which he considers necessary or
desirable to carry out the purposes and provisions of NRS 321.480 to 321.536 ,
inclusive, and 538.010 to 538.251
, inclusive, and any other provisions of
law relating to the powers and duties of the Commission.
(Added to NRS by 1981, 1435; A 1997, 2983; 2001, 2442 )
1. The Executive Director shall appoint a Deputy Executive
Director and shall designate his duties.
2. The Deputy Executive Director of the Commission:
(a) Is in the unclassified service of the State; and
(b) Shall devote his entire time and attention to the business of
his office and shall not pursue any other business or occupation or hold
any other office of profit.
(Added to NRS by 1981, 1435; A 1985, 435; 1997, 620; 2001, 2442
)
The Executive Director shall, within the limits of
available money, employ such assistants and employees as may be necessary
to carry out his functions and duties. The assistants and employees have
such duties as may be prescribed by the Executive Director.
[Part 9:71:1935; A 1951, 235]—(NRS A 1967, 986; 1973, 1605; 1975,
43; 1981, 1437; 1985, 436; 2001, 2442 )
The Attorney General is the attorney for the
Commission. He shall designate one or more of his deputies to conduct
actions, proceedings and hearings for the Commission. A deputy so
designated shall:
1. Advise the Commission on all matters relating to the Commission.
2. Maintain an office in Clark County, Nevada.
[Part 9:71:1935; A 1951, 235]—(NRS A 1963, 742; 1973, 1606; 1979,
275; 1981, 1283, 1437; 1983, 748)
The Commission shall:
1. Collect and arrange all data and information connected with the
Colorado River which may affect or be of interest to this state.
2. Represent and act for the State of Nevada in the negotiation
and execution of contracts, leases or agreements for the use, exchange,
purchase or transmission of power from any source, or for the planning,
development or ownership of any facilities for the generation or
transmission of electricity for the greatest possible benefit to this
state, and present such contracts, leases or agreements to the Governor
for his information. The Commission may contract for the supply of
electric energy to any corporation or cooperative created pursuant to the
laws of this state that is being operated principally for service to
Nevada residents and may be serving incidental energy to residents of
other states contiguous to its service area in Nevada. If such a
corporation or cooperative so requests, the Commission may contract to
supply electric energy directly for the corporation or cooperative.
3. Represent the State of Nevada in such interstate or other
conferences or conventions as may be called for the consideration of the
development of reclamation and power projects connected with the Colorado
River, or in connection with Hoover Dam or other federally operated dams.
4. Negotiate with the representatives of other states and the
United States in an endeavor to settle equitably and define the rights of
the states and of the United States in the waters of the Colorado River.
5. Make and enter into agreements, compacts or treaties between
the State of Nevada and the states of Arizona, California, Colorado, New
Mexico, Utah, Washington, Oregon, Idaho and Wyoming, either jointly or
severally. Agreements, compacts or treaties which define the rights of
the states or of the United States in the waters of the Colorado River
are not binding upon the State of Nevada until ratified and approved by
the Legislature and Governor of the State of Nevada.
6. Represent and act for the State of Nevada in consultations with
other states, the United States, foreign countries and persons, and
negotiate and enter into agreements between the State of Nevada and those
entities, jointly or severally, concerning the:
(a) Acquisition, development, storage, transport, transfer,
exchange, use and treatment of water to supplement the supply of water in
the Colorado River which is available for use in Nevada, consistent with
the provisions of NRS 538.186 .
(b) Augmentation of the waters of the Colorado River, consistent
with the provisions of NRS 538.186 .
(c) Quality of the waters of the Colorado River, in cooperation
with, and subject to the authority of, any agency of this state which
regulates environmental matters.
(d) Operation of federal dams and other facilities on the Colorado
River.
(e) Species associated with the Colorado River which are or may
become listed as endangered or threatened pursuant to federal law, in
cooperation with, and subject to the authority of, any agency of this
state which regulates environmental matters.
7. Within the limits of its authority, represent and act for the
State of Nevada as a member of any interstate or international commission
or other body as may be established relating to the Colorado River in
transactions with Arizona, California, Colorado, New Mexico, Utah,
Wyoming, the Federal Government or any foreign country.
8. Report to the Governor such measures and legislative action as
it deems necessary to carry out the provisions of any law relating to the
powers and duties of the Commission.
9. Cooperate with other states or federal agencies to establish,
conduct and maintain projects related to water or power.
[Part 7:71:1935; A 1943, 209; 1947, 738; 1943 NCL § 1443.07]—(NRS A
1965, 404; 1973, 1606; 1975, 126; 1981, 911, 1437; 1987, 2312; 1989, 926;
1991, 840; 1993, 1108; 1995, 970; 2001, 2085 )
1. The Commission may:
(a) Acquire and perfect any interest in supplemental water.
(b) Develop, store, transport, transfer, exchange, use and treat
supplemental water.
(c) Acquire an interest in, finance, construct, reconstruct,
operate, maintain, repair and dispose of any facility for water or power,
including, without limitation, a facility for the storage or conveyance
of water and a facility for the generation or transmission of electricity.
(d) Obtain any license, permit, grant, loan or aid from any agency
of the United States, the State of Nevada or any other public or private
entity.
(e) In accordance with the provisions of the State Securities Law:
(1) Borrow money and otherwise become obligated in a total
principal amount which is approved by the Legislature or the Interim
Finance Committee.
(2) Issue:
(I) General obligation securities payable from taxes
and additionally secured with net pledged revenues;
(II) Securities constituting special obligations
payable from net pledged revenues; or
(III) Any combination of those securities.
Ê The Legislature finds and declares that the issuance of securities and
other incurrence of indebtedness pursuant to this subsection are for the
protection and preservation of the natural resources of this state and
obtaining the benefits thereof, and constitute an exercise of the
authority conferred by the second paragraph of Section 3 of Article 9 of
the Constitution of the State of Nevada. The powers conferred by this
subsection are in addition to and supplemental to the powers conferred by
any other law.
(f) Perform all other lawful acts it considers necessary or
desirable to carry out the purposes and provisions of any law relating to
the powers, functions and duties of the Commission.
2. The Commission shall comply with the provisions of this chapter
and chapters 532 , 533 and 534 of NRS before
taking any action pursuant to subsection 1 which relates in any way to
supplemental water if the source of the supplemental water is located
within the State of Nevada and is not the Colorado River.
(Added to NRS by 1995, 967; A 2001, 2086 )
1. The Commission shall receive, protect and safeguard and hold in
trust for the State of Nevada all water and water rights, and all other
rights, interests or benefits in and to the waters described in NRS
538.041 to 538.251 , inclusive, and to the power generated
thereon, held by or which may accrue to the State of Nevada under and by
virtue of any Act of the Congress of the United States or any agreements,
compacts or treaties to which the State of Nevada may become a party, or
otherwise.
2. Except as otherwise provided in this subsection, applications
for the original appropriation of such waters, or to change the place of
diversion, manner of use or place of use of water covered by the original
appropriation, must be made to the Commission in accordance with the
regulations of the Commission. In considering such an application, the
Commission shall use the criteria set forth in subsection 6 of NRS
533.370 . The Commission’s action on the
application constitutes the recommendation of the State of Nevada to the
United States for the purposes of any federal action on the matter
required by law. The provisions of this subsection do not apply to
supplemental water.
3. The Commission shall furnish to the State Engineer a copy of
all agreements entered into by the Commission concerning the original
appropriation and use of such waters. It shall also furnish to the State
Engineer any other information it possesses relating to the use of water
from the Colorado River which the State Engineer deems necessary to allow
him to act on applications for permits for the subsequent appropriation
of these waters after they fall within the State Engineer’s jurisdiction.
4. Notwithstanding any provision of chapter 533 of NRS, any original appropriation and use of the
waters described in subsection 1 by the Commission or by any entity to
whom or with whom the Commission has contracted the water is not subject
to regulation by the State Engineer.
[Part 7:71:1935; A 1943, 209; 1947, 738; 1943 NCL § 1443.07]—(NRS A
1959, 555; 1965, 405; 1973, 1607; 1981, 211, 1438; 1983, 1519; 1991, 297;
1995, 972; 2003, 2984 ; 2005, 2565 )
1. The Commission shall hold and administer all rights and
benefits pertaining to the distribution of the power and water mentioned
in NRS 538.041 to 538.251 , inclusive, for the State of Nevada and,
except as otherwise provided in NRS 538.186 , may enter into contracts relating to that
power and water, including the transmission and other distribution
services, on such terms as the Commission determines.
2. Every applicant, except a federal or state agency or political
subdivision, for power or water to be used within the State of Nevada
must, before the application is approved, provide an indemnifying bond by
a corporation qualified pursuant to the laws of this State, or other
collateral, approved by the State Board of Examiners, payable to the
State of Nevada in such sum and in such manner as the Commission may
require, conditioned for the full and faithful performance of the lease,
sublease, contract or other agreement.
3. The power and water must not be sold for less than the actual
cost to the State of Nevada.
4. Except as otherwise provided in subsection 5, before any such
sale or lease is made, a notice of it must be advertised in two papers of
general circulation published in the State of Nevada at least once a week
for 2 weeks. The Commission shall require any person desiring to make
objection thereto to file the objection with the Commission within 10
days after the date of the last publication of the notice. If any
objection is filed, the Commission shall set a time and place for a
hearing of the objection not more than 30 days after the date of the last
publication of the notice.
5. The provisions of subsection 4 do not apply to:
(a) Any contract by the Commission to sell supplemental power to a
holder of a long-term firm contract with the State for power if the
supplemental power is procured by the Commission from a prearranged
source and is secured by the holder for his own use; or
(b) Any agreement by the Commission to sell short-term or
interruptible power on short notice for immediate acceptance to a holder
of a long-term firm contract with the State for power who can take
delivery of the short-term or interruptible power when it is available.
6. Except as otherwise provided in subsection 2 of NRS 538.251
, any such lease, sublease, contract or
sale of the water or power is not binding upon the State of Nevada until
ratified and approved by the Governor and, where required by federal law,
until approved by the United States.
7. The Commission shall, upon the expiration of a contract for the
sale of power which is in effect on July 1, 1993, offer to the purchaser
the right to renew the contract. If the Commission is unable to supply
the amount of power set forth in the contract because of a shortage of
power available for sale, it shall reduce, on a pro rata basis, the
amount of power it is required to sell pursuant to the renewed contract.
8. Except as otherwise provided in NRS 704.787 , notwithstanding any provision of chapter 704
of NRS, any purchase of:
(a) Power or water for distribution or exchange, and any subsequent
distribution or exchange of power or water by the Commission; or
(b) Water for distribution or exchange, and any subsequent
distribution or exchange of water by any entity to which or with which
the Commission has contracted the water,
Ê is not subject to regulation by the Public Utilities Commission of
Nevada.
[Part 7:71:1935; A 1943, 209; 1947, 738; 1943 NCL § 1443.07]—(NRS A
1963, 743; 1964, 4; 1965, 405; 1973, 1607; 1975, 42, 43; 1981, 913, 1439;
1993, 1110; 1995, 972; 1997, 2011; 2001, 354 , 1267 , 2087 )
1. Notwithstanding the provisions of any other law, the Commission
or any other public entity created by or pursuant to the laws of this
state may enter into:
(a) An agreement to acquire any interest in supplemental water or
to forbear the use of that supplemental water; or
(b) An agreement ancillary to an agreement described in paragraph
(a),
Ê only as provided in this section.
2. The Commission shall, as early as practicable and on a
continuing basis, inform any water purveyor which has or can develop the
ability to divert supplemental water from the Colorado River of its
communications with any person or entity, which the Commission believes
is credible and responsible, concerning a specific opportunity to
negotiate and enter into an agreement described in subsection 1.
3. Any water purveyor which has or can develop the ability to
divert supplemental water from the Colorado River shall, as early as
practicable and on a continuing basis, inform the Commission of its
communications with any person or entity, which the water purveyor
believes is credible and responsible, concerning a specific opportunity
to negotiate and enter into an agreement described in subsection 1.
4. If a water purveyor which has or can develop the ability to
divert supplemental water from the Colorado River notifies the Commission
in writing that it wishes to explore a specific opportunity to negotiate
and enter into an agreement described in subsection 1, all
investigations, consultations and negotiations relating to such an
agreement must be conducted by the Commission and the water purveyor, as
nearly as may be, as a joint undertaking. The Commission and the water
purveyor may enter into an agreement governing the joint undertaking.
5. Notwithstanding any other law:
(a) A public entity described in subsection 1 shall not enter into
any agreement described in that subsection unless the Commission is a
party to that agreement.
(b) The Commission shall not enter into any agreement described in
subsection 1, if a water purveyor will be expected to provide money
necessary for the Commission to perform any financial obligation or other
obligation pursuant to the provisions of the agreement, unless that water
purveyor is a party to the agreement.
(Added to NRS by 1995, 967)
1. Except as otherwise provided in the covenants of bonds issued
by the State of Nevada and as provided in subsection 2, all revenues
derived from the sale, lease or use of water or power which become due to
the State of Nevada pursuant to any lease, contract or sale, or
otherwise, of water or power obtained from the Colorado River power and
water system, and from other sources, must be deposited with the State
Treasurer for credit to the Colorado River Commission Fund which is
hereby created as a special revenue fund. The interest and income earned
on the money in the Fund, after deducting any applicable charges, must be
credited to the Fund.
2. There is hereby created the Colorado River Research and
Development Account in the Colorado River Commission Fund for the purpose
of defraying the costs of engineering studies, analysis, negotiation and
such other efforts as are, in the opinion of the Commission, necessary
and proper for the protection of the interests of this state in the
development and acquisition of sources of water and power along and
related to the Colorado River and elsewhere. The charge for water and
power included in any lease or contract executed after April 18, 1963,
between the Commission and water or power users must be sufficient in
amount to maintain the Colorado River Research and Development Account in
addition to defraying the cost to the Commission of water and power
delivered. When collected, these additional revenues must be deposited
with the State Treasurer for credit to the Account. The interest and
income earned on the money in the Account, after deducting any applicable
charges, must be credited to the Account.
3. Money in the Fund and Account provided for in this section must
be paid out on claims as other claims against the State are paid, after
the claims have been approved by the Commission.
[Part 7:71:1935; A 1943, 209; 1947, 738; 1943 NCL § 1443.07]—(NRS A
1963, 743; 1973, 1608; 1981, 264, 1440; 1983, 1519, 1588; 1991, 1786)
The interest and income earned on any money in a special
revenue fund, fund for the construction of capital projects, trust fund,
enterprise fund or agency fund for which the Commission is responsible,
after deducting any applicable charges, must be credited to the
respective fund.
(Added to NRS by 1983, 1588)
The Commission may adopt such
regulations as are necessary to carry out the purposes of NRS 538.041
to 538.251 , inclusive.
[Part 7:71:1935; A 1943, 209; 1947, 738; 1943 NCL § 1443.07]—(NRS A
1963, 744; 1973, 1608; 1975, 44; 1981, 1440; 1989, 928)
Before issuing any general obligation
which the Commission is authorized by law to issue on behalf and in the
name of the State of Nevada, the Commission shall consult the State
Treasurer. The Chairman of the Commission and the State Treasurer,
jointly:
1. Shall represent the State of Nevada in matters concerning any
nationally recognized bond credit rating agency for the purposes of the
issuance of any such obligation.
2. May employ any necessary legal, financial or other professional
services in connection with the authorization, sale or issuance of any
such obligation.
(Added to NRS by 1995, 2239; A 1999, 73 )
If the State of
Nevada must purchase or otherwise acquire property, or compensate for
damage to property, for use in the transmission and distribution of water
or electrical power, the faith and credit of the State of Nevada hereby
is irrevocably pledged for the performance and observance of all
covenants, conditions, limitations, promises and undertakings made or
specified to be kept, observed or fulfilled on the part of the State, in
any contract entered into before, on or after July 1, 1981, pursuant to
NRS 538.161 and 538.186 .
[7A:71:1935; added 1947, 444; A 1951, 235]—(NRS A 1957, 66; 1963,
744; 1964, 5; 1965, 406; 1973, 1608; 1975, 44; 1981, 914, 1440; 1995,
974; 2001, 2442 )
The Commission may:
1. Hold hearings.
2. Receive and hear objections filed to the granting of contracts
after advertisement.
3. Require the attendance of witnesses.
4. Take testimony whenever it deems it necessary to carry out the
provisions of NRS 538.041 to 538.251
, inclusive.
[10:71:1935; 1931 NCL § 1443.10]—(NRS A 1973, 1609; 1975, 45; 1981,
88, 1441)
1. The Commission shall prepare and approve a water administrative
and operating budget. The budget must include all costs and expenses
incurred by the Commission in performing its functions and duties
relating to water, except:
(a) The costs and expenses related to any financial obligations or
other obligations assumed by the Commission pursuant to any agreement
described in paragraph (a) or (b) of subsection 6 of NRS 538.161 .
(b) The costs for any services of an independent contractor related
to a specific opportunity to negotiate and enter into an agreement to
acquire any interest in supplemental water from one or more particular
sources, to the extent all those costs for those opportunities during the
period covered by the budget exceed $200,000. This amount may be
decreased or increased as indicated by engineering cost indexes or other
cost indexes which are applicable to the services used by the Commission.
(c) The costs for any services of an independent contractor or
costs contributed by the Commission for any services of a governmental
agency or its independent contractor, other than the Commission, for
studies or the implementation of projects relating to water quality,
evaluation or enhancement of ecological habitat or weather modification,
to the extent that all those costs for those studies or projects during
the period covered by the budget exceed $250,000. This amount may be
decreased or increased as indicated by engineering cost indexes or other
cost indexes which are applicable to the services used by the Commission.
(d) Costs which are capitalized in accordance with generally
accepted accounting principles, except costs for office space and
equipment required for the principal place of business of the Commission.
(e) Costs for the operation of any facility which belongs to the
Commission, except the principal place of business of the Commission.
2. The water administrative and operating budget, and any changes
to the budget, must be submitted for authorization in the manner
prescribed by the State Budget Act. If the budget is authorized, the
budget is payable by, and becomes a liability of, each water purveyor in
the amount, if any, to which the budget is allocated to that water
purveyor pursuant to subsection 3.
3. The Commission shall allocate the entire amount of each water
administrative and operating budget, minus the portion of that amount
which represents the net revenues which the Commission estimates it will
receive pursuant to its contracts from the sale of water during the
period covered by the budget, among those water purveyors which the
Commission determines will directly and substantially benefit from the
Commission’s activities which are related to water during that period. In
determining the allocation, the Commission shall consider appropriate
factors relevant to those benefits. If a water purveyor ceases to exist
during the period covered by the budget, the Commission shall amend and
reallocate the budget as necessary.
4. In each fiscal year covered by the water administrative and
operating budget, each water purveyor to which the Commission has
allocated an amount of the budget pursuant to subsection 3 shall pay to
the Commission quarterly a portion of the water purveyor’s total
liability for that fiscal year as billed by the Commission. At least 60
days before the first day of the quarter for which the bill is prepared,
the Commission shall submit to each water purveyor a bill for its portion
of the total amount of the budget due for that quarter. Each water
purveyor shall pay its bill within 30 days after the bill is submitted by
the Commission.
5. Except as otherwise provided in this subsection, the Commission
shall apply, within 120 days after the end of the fiscal year, any
unexpended balance in the budget at the close of the fiscal year as a
credit to that amount allocated among the water purveyors pursuant to
subsection 3 for the next fiscal year. The Commission shall apply that
credit to the next quarterly payments remaining due from each water
purveyor, unless the Commission determines it is appropriate to refund
the unexpended balance.
6. If in any fiscal year the money payable by a water purveyor
pursuant to subsection 4 is not received by the Commission when due, that
money also becomes the several liability of all public entities who:
(a) Purvey water; and
(b) On the date the budget was approved by the Commission, were
members of the water purveyor liable for that money,
Ê in proportion to their liability for the budget of the water purveyor
effective on the date the budget was approved by the Commission.
(Added to NRS by 1995, 968)
Revenues
received from the sale of power or water or otherwise must be applied and
disbursed by the Commission in the following order:
1. To the payment to the Federal Government of the cost of
electrical energy and the generation and delivery thereof in accordance
with bills rendered by the United States.
2. To the payment to other entities of the cost of water and the
cost of electrical energy and the generation thereof or the cost of water
or the cost of electrical energy and the generation thereof in accordance
with bills rendered by those entities.
3. To the payment of compensation and expenses of the Commission
and all other obligations incurred through performance by the Commission
of the duties designated in NRS 538.041
to 538.251 , inclusive.
4. To the repayment to the State of Nevada of any money advanced
or appropriated to the Commission if the advancement or appropriation
requires repayment to the State, the repayment to be placed in the State
General Fund.
[11:71:1935; A 1943, 209; 1947, 738; 1943 NCL § 1443.11]—(NRS A
1963, 744; 1965, 407; 1973, 1610; 1975, 45; 1981, 1442; 1983, 1520; 1995,
975)
The
State Controller shall draw his warrants on the funds administered by the
Commission for payment of all claims against those funds and the State
Treasurer shall pay them.
[13:71:1935; A 1947, 738; 1943 NCL § 1443.13]—(NRS A 1963, 745;
1973, 1610; 1981, 1442; 1983, 1520)
1. Except as otherwise provided in subsection 2, all contracts
entered into by the Commission pertaining to the sale or purchase of
water or electrical power, belonging or allotted to or contracted by the
State of Nevada are not binding upon the State of Nevada until approved
by the Governor.
2. Any contract or agreement by the Commission for the
transmission of electrical power or to sell:
(a) Supplemental power to a holder of a long-term firm contract
with the State for power if the supplemental power is procured by the
Commission from a prearranged source and is secured by the holder for his
own use; or
(b) Short-term or interruptible power on short notice for immediate
acceptance to a holder of a long-term firm contract with the State for
power who can take delivery of the short-term or interruptible power when
it is available,
Ê does not require the approval of the Governor to be binding upon the
State.
[Part 1:71:1935; 1931 NCL § 1443.01] + [14:71:1935; 1931 NCL §
1443.14]—(NRS A 1963, 745; 1965, 407; 1973, 1610; 1981, 915, 1442; 1987,
2313; 1989, 926; 1995, 975)
CALIFORNIA-NEVADA INTERSTATE COMPACT COMMISSION
(NRS 538.270 to 538.410 , inclusive, were repealed by chapter 65,
Statutes of Nevada 1969, p. 89, effective on the effective date of the
California-Nevada Interstate Compact (NRS 538.600 ). As of October 2003, the Compact had not
become effective.)
As used in NRS 538.270 to 538.410 ,
inclusive, “Commission” means the California-Nevada Interstate Compact
Commission of the State of Nevada.
[2:153:1955]
There is hereby created the
California-Nevada Interstate Compact Commission of the State of Nevada.
[1:153:1955]
1. The Commission shall consist of eight commissioners: The State
Engineer, who shall be a nonvoting commissioner, and seven commissioners
to be appointed by the Governor.
2. In making such appointments the Governor shall appoint two
commissioners from the Walker River Irrigation District; one commissioner
from the Carson River water users above Lahontan Reservoir; one
commissioner from the Truckee-Carson Irrigation District; one
commissioner from the Washoe County Water Conservation District; one
commissioner from the Sierra Pacific Power Company; and one commissioner
from the Lake Tahoe area in Nevada.
3. Each commissioner so appointed must be an elector and a water
user or an employee of a water user within the State of Nevada.
[Part 3:153:1955]
1. The tenure of office of the commissioners appointed by the
Governor shall be at the pleasure of the Governor, but the terms of the
commissioners appointed by the Governor shall not extend beyond 4 years
from the date of their several appointments, unless reappointed by the
Governor at the end of the term.
2. The duties of the appointed commissioners shall terminate when
an agreement or compact agreed upon by the Commission has been submitted
to the Legislature of the State of Nevada and has been ratified by it,
and also submitted to the Congress of the United States and has been
ratified by it.
[Part 3:153:1955]
1. Commissioners who are not in the regular employ of the State
are entitled to receive a salary of not more than $80 per day, as fixed
by the Commission, for time actually spent on the work of the Commission,
except when a commissioner is employed by the Commission to render
special, technical or professional services, in which event the
commissioner is entitled to receive fees and expenses commensurate with
the service rendered.
2. While engaged in the business of the Commission, each member of
the Commission who is not employed by the Commission to render special,
technical or professional services and each employee of the Commission is
entitled to receive the per diem allowance and travel expenses provided
for state officers and employees generally.
[4:153:1955]—(NRS A 1975, 299; 1981, 1987; 1985, 436; 1989, 1718)
The expenses of carrying out the
provisions of NRS 538.270 to 538.410
, inclusive, must be paid out of an
appropriate account of the Division of Water Resources of the Department
of Conservation and Natural Resources in the State General Fund.
[Part 12:153:1955]—(NRS A 1985, 721)
1. The Commission may incur necessary expenses to effectuate its
purpose.
2. Claims for payment of all expenses incurred by the Commission,
including the expenses of the commissioners, shall be made by the Office
of the State Engineer and the State Board of Examiners and paid as other
claims against the State are paid.
[Part 6:153:1955] + [Part 12:153:1955]
1. The Chairman of the Commission shall be selected by the
Commission.
2. The Commission shall appoint a Secretary, who may be one of the
commissioners.
[5:153:1955] + [Part 6:153:1955]
The Commission may employ such agents,
attorneys, engineers and other employees as it deems necessary to carry
out the functions of NRS 538.270 to
538.410 , inclusive.
[Part 6:153:1955]
At the request of the
Commission, the Attorney General, or whomever he may appoint, shall aid
and assist the commissioners appointed for the State of Nevada whenever
necessary in order to facilitate the work in carrying out the intent and
purpose of NRS 538.270 to 538.410
, inclusive.
[11:153:1955]
1. It is the function of the Commission to cooperate with a
similar commission representing the State of California in formulating
and submitting to the legislatures of both states and the Congress of the
United States for their approval an interstate compact relative to the
distribution and use of the waters of Lake Tahoe and the Truckee, Carson
and Walker Rivers and their tributaries, and other related matters.
2. The Commission shall also cooperate with any person appointed
by the President of the United States to participate in the negotiations
as a representative of the United States and to make a report thereon to
the Congress.
[7:153:1955]
No compact or
agreement shall be binding on the State of Nevada until it has been
approved by the Legislature of this state and the Congress of the United
States.
[8:153:1955]
The
commissioners of the State of Nevada shall have full authority:
1. To make such investigation of the water resources within the
basins of the Truckee, Carson and Walker Rivers and Lake Tahoe as may be
necessary in order to determine the facts as to physical conditions
obtaining upon such water resources.
2. To make reports to the Legislature of the State of Nevada.
3. To perform such other duties as may be necessary to determine
sufficiently such facts, and to secure the necessary information in order
that they may properly perform their duties as commissioners of the State
of Nevada upon the joint commission.
4. To accept grants of money from and to make contracts with any
person or agency, public or private, including the United States
Government, for the purpose of making planning surveys in the area as
determined by the Commission, and to cooperate with the appropriate
federal, state and county agencies in having such planning surveys made.
[9:153:1955]—(NRS A 1957, 528)
The Commission
representing the State of Nevada on the joint commission shall have full
authority:
1. To carry on negotiations for such compact or agreement.
2. To attend meetings of the joint commission whenever convened.
3. Generally to perform such duties as shall be required of the
commissioners thereof in carrying out the purpose and intent of NRS
538.270 to 538.410 , inclusive.
[10:153:1955]
COLUMBIA BASIN INTERSTATE COMPACT COMMISSION
There is hereby
created the Columbia Basin Interstate Compact Commission of the State of
Nevada, to consist of three commissioners, one of whom shall be the State
Engineer, and two of whom shall be appointed by the Governor.
[Part 1:218:1951]
The tenure of
office of the commissioners appointed by the Governor shall be at the
pleasure of the Governor, but the term of the commissioners appointed by
the Governor shall not extend beyond 4 years from the date of their
several appointments.
[Part 4:218:1951; A 1955, 87]
1. Commissioners who are not in the regular employ of the State
are entitled to receive a salary of not more than $80 per day, as fixed
by the Commission, for time actually spent on the work of the Commission.
2. While engaged in the business of the Commission, each member
and employee of the Commission is entitled to receive the per diem
allowance and travel expenses provided for state officers and employees
generally.
3. Claims for payment of all expenses incurred by the Columbia
Basin Interstate Compact Commission of the State of Nevada, including the
salary and expenses of its commissioners, must be made by the office of
the State Engineer on vouchers approved by the State Engineer and the
State Board of Examiners and paid as other claims against the State are
paid.
[Part 4:218:1951; A 1955, 87]—(NRS A 1975, 299; 1981, 1987; 1985,
436; 1989, 1718)
The expenses of carrying out the
provisions of NRS 538.420 to 538.520
, inclusive, must be paid out of an
appropriate account of the Division of Water Resources of the Department
of Conservation and Natural Resources in the State General Fund.
[5:218:1951]—(NRS A 1985, 721)
The Attorney General or
the person whom he may appoint shall aid and assist the commissioners
appointed for the State of Nevada whenever necessary in order to
facilitate their work in carrying out the intent and purpose of NRS
538.420 to 538.520 , inclusive.
[6:218:1951]
The
Columbia Basin Interstate Compact Commission of the State of Nevada shall
represent the State of Nevada on a joint commission composed of
commissioners representing the States of Idaho, Montana, Nevada, Oregon,
Utah, Washington and Wyoming, and one commissioner representing the
United States of America should such commissioner be appointed to the
joint commission by the President of the United States, which joint
commission shall be organized for the purpose of negotiating and entering
into a compact or agreement between not less than five of such states
with the consent of the Congress of the United States respecting the
division, lawful diversion, distribution, apportionment and use of the
waters of the Columbia River and all streams tributary thereto, including
the Snake River and its tributaries, with due regard to the determination
of legal rights appurtenant thereto, and fixing and determining a method
of regulation, administration and control of such river and its
tributaries.
[Part 1:218:1951]
Any compact or agreement so entered into on behalf of such states shall
not be binding or obligatory upon any of such states or citizens thereof
until and unless the same shall have been ratified and approved by the
legislatures of at least five of such states and by the Congress of the
United States; and such agreement or compact shall not be binding upon
any state the legislature of which fails to approve and ratify the same.
[2:218:1951]
The
Commission representing the State of Nevada on the joint commission shall
have full authority:
1. To carry on negotiations for such compact or agreement.
2. To attend meetings of the joint commission wherever convened.
3. To employ clerical, legal and engineering assistance.
4. Generally to perform such duties as shall be required of the
commissioners thereof in carrying out the purpose and intent of NRS
538.420 to 538.520 , inclusive.
[Part 4:218:1951; A 1955, 87]
The commissioners for the State of Nevada shall have full
authority:
1. To make such investigations of the Columbia River, including
the Snake River and its tributaries, and the drainage thereof, as may be
necessary in order to determine the facts as to physical conditions
obtaining upon such river and its tributaries, and of the present and
future needs of the State of Nevada and its citizens, to the proper use
and benefits of the waters of such river, and its tributaries.
2. To perform such other duties as may be necessary to determine
sufficiently such facts and to secure the necessary information in order
that they may properly perform their duties as commissioners of the State
of Nevada upon the joint commission.
[3:325:1951]
The Governor of Nevada shall
advise the Governors of the States of Washington, Oregon, Montana, Utah,
Wyoming and Idaho of the enactment of NRS 538.420 to 538.520 ,
inclusive, and request that reciprocal legislation be enacted by such
states and that a proper resolution or statute be adopted by the Congress
of the United States granting permission to the States of Washington,
Oregon, Montana, Utah, Wyoming, Idaho and Nevada to enter into a compact
or agreement respecting the control of the waters of the Columbia River
and its tributaries.
[7:218:1951]
COLUMBIA INTERSTATE COMPACT
Ratification and
approval is hereby given the Columbia Interstate Compact as signed at the
city of Spokane in the State of Washington on October 3, 1960, by
commissioners of the State of Nevada, acting pursuant to authority
granted by the provisions of NRS 538.420 to 538.520 ,
inclusive, and the commissioners representing the states of Idaho,
Montana, Oregon, Utah, Washington and Wyoming, and approved by the
representatives of the United States, which Compact is quoted in full as
follows:
ARTICLE I. Purposes
The purposes of this Compact with respect to the land and water
resources of the Columbia River Basin are:
A. To facilitate and promote their orderly, integrated and comprehensive
development, use, conservation and control for various purposes.
B. To further intergovernmental cooperation and comity with respect to
these resources and the programs for their use and development by, among
other things:
(1) Providing for the relationships between certain beneficial uses
of water as a practicable means of effecting an equitable apportionment
thereof, and for means of facilitating and effecting additional
interstate agreements with respect thereto; and
(2) Providing an interstate body to consider the various common
problems with respect to the use and development of these resources and
to plan for, review and recommend plans for their development.
ARTICLE II. Definition of Terms
As used in this Compact:
A. “Columbia River System” means the Columbia River and its tributaries
within the United States.
B. “Columbia River Basin” means all the drainage area of the Columbia
River System within the United States.
C. “State” or “member state” means a state which has ratified and is a
party to this Compact.
D. “Upstream state” means any of the states of Idaho, Montana, Nevada,
Utah or Wyoming.
E. “Downstream state” means either of the states of Oregon or Washington.
F. “Upstream area” means all the area of the states of Idaho, Montana,
Nevada, Utah and Wyoming situated within the Columbia River Basin, and
all those portions of the states of Oregon and Washington situated within
the Columbia River Basin, lying east of the summit of the Cascade
mountains.
G. “Beneficial consumptive use” means any use of waters recognized as a
beneficial use under the law of the member state involved, resulting in a
substantial amount of the water diverted being consumed or so used as not
to return to the Columbia River System. Such uses include those for
domestic, livestock and municipal purposes, irrigation of land and such
industrial and other beneficial uses as involve consumptive use of the
water diverted.
H. “Nonconsumptive use” means any control or use of water in which,
exclusive of seepage and evaporation of water incidental to its control
or use, the water remains in or returns to the Columbia River System
substantially undiminished in volume. Such uses include use for
navigation, flood control, production of hydroelectric power, the
maintenance of stream flows for pollution control, fish and wildlife and
recreational purposes and such industrial and other beneficial uses as
result in nonconsumptive use of the water involved.
I. “Government” means, severally, the member states and the United
States.
J. “Commission” means the Columbia Compact Commission as authorized by
this Compact.
ARTICLE III. The Columbia Compact Commission
A. There is hereby created an agency of the member states, and of each
of them, to be known as the Columbia Compact Commission. The Commission
shall be composed of three commissioners from each of the states of
Idaho, Montana, Oregon and Washington, and, if they ratify the Compact,
two commissioners from Wyoming and one each from Nevada and Utah. The
commissioners of the respective states shall be designated or appointed
in accordance with the laws of the state which they represent and shall
serve and be subject to removal in accordance with those laws. A
commissioner shall be named to represent the United States, to be
designated and to serve as provided by the laws of the United States.
B. Each commissioner of a state shall be entitled to one vote in the
Commission. The commissioner of the United States shall serve as chairman
of the Commission but shall have no vote. In the absence of any
commissioner, his vote may be cast by another commissioner of his state
or by another representative designated or appointed in accordance with
the laws of that state if such other commissioner or representative shall
have a written proxy in such form as may be established by rule of the
Commission.
C. The requirements as to a quorum for the transaction of business at
any meeting of the Commission shall be as follows:
(1) Commencing with the date the Compact becomes effective as to
all seven states named in subdivision A of this Article, the presence in
person of twelve or more commissioners shall constitute a quorum for the
transaction of business; such a quorum shall include at least two
commissioners, in person, from such of the states of Idaho, Montana,
Oregon and Washington as have appointed or designated commissioners. For
the duration of any called meeting of the Commission the presence of a
quorum shall be determined at the commencement of such meeting.
(2) If any duly called meeting is recessed because of a lack of a
quorum initially, a reconvened meeting may be set by written notice,
given in accordance with the bylaws, to all commissioners not less than
ten days in advance of such reconvened meeting. At such reconvened
meeting, the requirements for personal attendance by two commissioners
from each of the states of Idaho, Montana, Oregon and Washington shall
not apply, and the presence of twelve or more commissioners in person or
by proxy shall constitute a quorum.
(3) Commencing with the date the Compact becomes effective, but
before all seven states have ratified; the requirements as to a quorum
shall be modified as follows:
(a) If only four or five states have ratified, the phrase “nine
or more” shall be substituted for the phrase “twelve or more” in
subsections (1) and (2) of this section C.
(b) If only six states have ratified, the phrase “ten or more”
shall be substituted for the phrase “twelve or more” in subsections (1)
and (2) of this section C.
D. The requirements as to votes required to carry an action at any
meeting of the Commission shall be as follows:
(1) Commencing with the date the Compact becomes effective as to
all seven states named in section A of this Article, any action by the
Commission shall be effective only if it be carried by a vote of twelve
or more of the voting membership of the Commission.
(2) Commencing with the date the Compact becomes effective but
before all seven states have ratified, the requirements as to votes
necessary for Commission action shall be modified as follows:
(a) If only four or five states have ratified, the phrase “nine
or more” shall be substituted for the phrase “twelve or more” in
subsection (1) of this section D.
(b) If only six states have ratified, the phrase “ten or more”
shall be substituted for the phrase “twelve or more” in subsection (1) of
this section D.
E. The Commission shall meet to establish its formal organization within
ninety (90) days of the effective date of this Compact, such meeting to
be at the call of the chairman or by a majority of the commissioners then
appointed or designated. The Commission shall then adopt its initial set
of bylaws providing for, among other things: the adoption of a seal, the
management of its internal affairs and the authority and duties of its
officers. The Commission shall also then elect from among its members a
vice-chairman and treasurer to serve for the first full or part annual
term, these offices to be filled thereafter from among Commission members
by annual elections. The Commission shall appoint an executive director,
who shall also act as secretary, to serve at the pleasure of the
Commission and at such compensation and under such terms and conditions
as it may fix. The executive director shall be the custodian of the
records of the Commission with authority to affix the Commission’s
official seal and to attest to and certify such records or copies thereof.
F. The executive director, subject to the approval of the Commission in
such cases as its bylaws may provide, shall, without regard to the
provisions of the civil service laws of any member state or of the United
States, appoint and remove or discharge such engineering, legal, expert,
clerical and other personnel as may be necessary for the performance of
the Commission’s functions; may fix their compensation and define their
duties; and require bonds of such of them as the Commission may designate.
G. The Commission may:
(1) Borrow, accept, or contract for the services of personnel from
any government, agency thereof or any intergovernmental agency.
(2) Acquire by purchase or otherwise, hold and dispose of such real
and personal property as may be necessary or convenient in the
performance of its functions.
(3) Establish and maintain one or more offices for the transaction
of its business.
H. The Commission and its executive director shall make available to the
member states or the United States any information in its possession at
any time and shall provide free access to its records during established
office hours to duly authorized representatives of member states or the
United States or to any interested person.
I. The Commission shall make and transmit annually to the legislative
bodies and executive head of each government, a report covering the
activities of the Commission for the preceding year and embodying such
plans, recommendations and findings as may have been adopted by the
Commission. The Commission may issue such additional reports as it may
deem desirable.
J. All meetings of the Commission shall be open to the public.
ARTICLE IV. Finance
A. The compensation and expenses of each commissioner shall be fixed and
paid by the government which he represents. All other expenses incurred
by the Commission in the course of exercising the powers conferred upon
it by this Compact shall be paid by the Commission out of its own funds.
B. The Commission shall submit to the executive head or designated
officer of each member state for presentation to its legislature a budget
of its estimated expenditures. This budget shall contain specific
recommendations of the amount to be appropriated by each of the member
states. The time of submission and the fiscal period of the Commission’s
budget shall conform as nearly as possible to the requirements of the
laws of the member states.
C. The Commission shall, at the initial organizational meeting after
this Compact becomes effective, or as soon thereafter as is practicable,
establish the initial fiscal period and shall establish the budget of
expenditures for this initial period. The budget for the initial period,
if it be a full biennium, shall be not less than $65,000.00. If the
initial fiscal period is only a portion of a biennium, the minimum budget
therefor shall be the proportion of $65,000.00 derived by applying
thereto the ratio that the initial period bears to a full biennium. The
respective shares of the budget for the initial fiscal period shall be as
follows:
Member
State
Percent of Budget
Idaho......................................................................
........................................... 23.5
Montana....................................................................
....................................... 23.5
Nevada.....................................................................
........................................... 2.0
Oregon.....................................................................
......................................... 23.5
Utah.......................................................................
.............................................. 2.0
Washington.................................................................
.................................... 23.5
Wyoming....................................................................
........................................ 2.0
If any of the states of Nevada, Utah or Wyoming fail to ratify during the
initial period, the total budget for that period shall be reduced by the
amount of the share of the state failing so to ratify, but the amounts to
be paid by the other states shall remain unchanged.
D. Subsequent budgets shall be recommended by the Commission and the
amounts shall be allocated among the member states. The shares of Idaho,
Montana, Oregon and Washington shall be equal and in no event shall the
share of Wyoming exceed three per cent (3%), the share of Nevada exceed
two per cent (2%) and the share of Utah exceed one per cent (1%) of the
total budget for any fiscal period.
E. The Commission shall not pledge the credit of any government except
by and with the authority of the legislative body thereof given pursuant
to and in keeping with the Constitution of said government. The
Commission shall not incur any obligations prior to the availability of
funds adequate to meet the same.
F. The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be
open for examination or audit by any member state but the Commission
shall not be required to adopt the auditing or accounting procedures of
any particular state. All receipts and disbursements of funds handled by
the Commission shall be audited yearly by an independent certified public
accountant and the report of the audit shall be included in and become a
part of the annual report of the Commission.
G. The accounts of the Commission shall be open for public inspection
during established office hours.
ARTICLE V. General Powers
The Commission shall have power when authorized by such majority
vote as provided by Article III hereof:
A. To collect, correlate and report on data relating to present and
potential uses of water and other related resources of the Columbia River
Basin and relating to available sources of water for use in the Columbia
River Basin; conduct investigations and surveys to determine the extent
of those resources and the nature of the problems involved in their
present and future development and management; and recommend plans and
programs for their development.
B. To undertake itself, or in cooperation with governments or agencies
thereof or other entities, with respect to the Columbia River Basin the
review of all plans for the construction of works authorized or
reauthorized to be undertaken after the effective date of this Compact
for flood control, navigation, power development, irrigation, or other
water use or management which involve facilities having capacity for the
diversion or use of flows of more than 200 cubic feet per second or the
capacity to store at any time more than 25,000 acre-feet of water and
which are proposed to be undertaken pursuant to laws of the United
States, whether under permission granted by the United States, by means
of financing in whole or in part by the United States, or otherwise.
C. To appear and make recommendations before appropriate governmental or
intergovernmental agencies or other entities in public hearings or
otherwise, in connection with any plans, projects or programs.
D. To collect, correlate and publish water facts necessary for the
purpose of this Compact directly or in cooperation with any governmental
or intergovernmental agencies or other entities.
E. To cooperate with the International Joint Commission—United States
and Canada, the appropriate agencies of Canada and the Province of
British Columbia, as well as with agencies of the member states and the
United States and with other entities, in studies, plans and
recommendations with respect to any project which may have a substantial
effect on the uses of waters of the Columbia River and its tributaries
that are of international concern.
ARTICLE VI. Storage in Upstream States and Allocation of Power
A. It is to the best interests of the region that power projects be
constructed in sufficient number and with sufficient speed and capacity
to meet the energy requirements of the region as those requirements arise
so that there will always be a pool of available energy for the
development of the region.
B. Maximum utilization of storage is important to the full development
of the region and to control floods. Downstream states desire assistance
from upstream states in achieving this control of the Columbia River
System. Before giving such assistance, the upstream states wish to be
assured of a reasonable reservation of power, without regard to their
existing power needs, in order to meet future requirements.
C. So far as the states are concerned, by ratification of this Compact:
(1) It is the declared purpose and intent of the member states that
there shall be a fair and equitable allocation of the hydroelectric power
developed in the Columbia River Basin.
(2) The member states recognize that full development and
utilization of the waters of the Columbia River Basin requires storage
reservoirs in the upstream states and the member states concur in and
will use their best efforts to achieve a plan for storage which would
control maximum flows of the river to no more than 600,000 cubic feet per
second measured at The Dalles gauging station during a runoff period no
greater than that experienced in 1894.
(3) The member states recognize that on federally developed storage
projects located wholly or partly in upstream states a reservation shall
be made of the equivalent of a major part of the at site power and energy
for use in meeting future needs of such state or states without regard to
their existing energy requirements. “At site power and energy” means an
annual amount of power and energy, equal to the quantity of system firm
(prime) power and energy which such project would be capable of producing
at site as an addition (determined as of the date of recommendation) to
the system firm (prime) power and energy, when operated to produce
maximum coordinated benefits to the system, assuming full release of all
storage water during the system’s drawdown period with stream flows in
the Columbia River Basin as at the historical minimums.
ARTICLE VII. Apportionment of Water and Related Matters
A. So far as the states are concerned, all waters of the Columbia River
System shall be available for appropriation for beneficial purposes under
and to the extent permitted by the laws of the states involved, but,
except for the provisions in this subdivision A relating to certain
relationships between consumptive and nonconsumptive uses, no
apportionment of waters or determination of rights to the use thereof is
made by this Compact.
So far as the states are concerned, rights to beneficial consumptive uses
of water within the upstream area, whether established heretofore or
hereafter under the laws of the states involved, shall be recognized up
to the average annual depletions shown in Plate 7 of the Report of the
North Pacific Division, U.S. Army Engineers dated 1, June, 1958, as
against, and shall not be limited by, any rights, existing or future, to
the quantity of such waters for nonconsumptive uses.
In the case of a stream situated wholly within a downstream state and
tributary to the Snake River or to the Columbia River, however, the
relationships as between nonconsumptive use rights appurtenant to a
development located thereon and consumptive use rights as to the waters
of such a tributary upstream from that development shall be governed by
the laws of that state without regard to the foregoing limitations of
this subdivision.
B. No waters of the Columbia River System shall be diverted out of the
Columbia River Basin for use for any purpose except with the approval of
all of the member states, but this provision shall not affect rights so
to divert which are existing on the effective date of this Compact.
C. The member states hereby designate, appoint and empower their
commissioners to draft, negotiate and propose any and all compacts
apportioning waters of any tributary stream forming part of the Columbia
River System among or between the states through which said tributary
stream flows, or amendments to this Compact. Any such supplementary
compacts or amendments to this Compact negotiated as herein provided
shall become effective upon approval by the Commission, ratification by
the legislatures of the member states party thereto, and consent thereto
by the Congress.
D. All interstate compacts affecting the waters of the Columbia River
System which are in effect as of the date this Compact becomes operative
shall remain unaffected hereby.
E. In the event this Compact is terminated, any right to the beneficial
consumptive use of water which, prior to the date of termination, is
required to be recognized under the provisions of this Compact shall
continue to be recognized after such termination to the extent herein
provided. Unless otherwise expressly provided in a supplemental compact,
made pursuant to the provisions of subdivision C of this article, no such
right required to be recognized as of the effective date of such
supplement shall be impaired by such supplemental compact.
ARTICLE VIII. Pollution Control
A. The states and the United States recognize that the rapid increase of
the population of the Columbia River Basin and the growth of industrial,
mining, and related activities within that area can lead to such
pollution of the waters of the Columbia River System as might constitute
a menace to the health and welfare of the people. The states and the
United States further recognize that maintenance and improvement of the
quality of the waters of the Columbia River System require cooperative
action and that pollution abatement and control are essential to the
proper realization of the objectives of this Compact and to the safe,
profitable, and efficient multipurpose use of the waters of said Columbia
River System.
B. In addition to the powers enumerated in Article V, it shall be the
duty of the Commission and the Commission shall have power:
(1) To engage in such investigations, analyses or other appropriate
means as are deemed necessary to obtain, coordinate, tabulate and
summarize technical and other data on the pollution of the waters of the
Columbia River System or any portion thereof and on the character and
condition of such waters and the needs of the Columbia River Basin for
improved water quality; and to prepare reports thereon at such times as
may be deemed advisable by the Commission.
(2) To cooperate with governments or agencies thereof or other
entities for the purpose of promoting uniform laws, rules or regulations
for the abatement and control of pollution of the waters of the Columbia
River System or any portion thereof, and to make, revise and recommend to
the governments water quality objectives necessary to protect the public
health, public water supplies, propagation of fish and aquatic life and
wildlife, recreational purposes, and agricultural, industrial and other
uses.
(3) To disseminate to the public, by any and all appropriate means,
information respecting pollution abatement and control in the waters of
the Columbia River System or any portion thereof and on the harmful and
uneconomic results of such pollution.
C. Each state shall have the primary obligation and responsibility to
take appropriate action under its own laws to abate and control
interstate pollution, which is defined as the deterioration of the
quality of the waters of the Columbia River Basin within the boundaries
of such state which materially and adversely affects beneficial uses of
waters of the Columbia River Basin in other states. Upon complaint to the
Commission by the state water pollution control agency of one state that
interstate pollution originating in another state or states is not being
prevented or abated, the procedure shall be as follows:
(1) The Commission shall call a hearing, giving not less than 30
days notice in writing thereof to the water pollution control agencies of
the states involved and to each person or entity which the Commission
finds is charged with causing such interstate pollution.
(2) Such hearing shall be held in accordance with rules and
regulations prescribed by the Commission.
(3) At the conclusion of such hearing, the Committee shall make a
finding as to whether interstate pollution exists, and if so, shall
recommend to the appropriate agency that action be taken under State or
Federal law to abate or correct such interstate pollution.
D. The water pollution control agencies of the member states shall from
time to time, make available to the Commission all data relating to the
quality of the waters of the Columbia River Basin which they possess as
the result of studies, surveys and investigations thereof which they may
have made.
ARTICLE IX. Fish and Wildlife and Recreation
A. In the exercise of the powers and functions conferred on the
Commission, it shall be the policy of the Commission to prepare and
review plans for development and application of measures for preventing
damage to and enhancing the fish and wildlife and recreational resources
of the Columbia River Basin and to cooperate with all agencies charged
with the responsibility for protecting and fostering these resources.
B. In the furtherance of this policy the Commission shall:
(1) Submit pertinent information to, and receive recommendations
from official agencies of the governments having jurisdiction or
otherwise affected, with respect to projects and programs in which the
Commission may be concerned.
(2) Taking into consideration recommendations of governmental
agencies responsible for fish and wildlife administration, recommend
appropriate steps to assure that, in all projects which are within the
purview of the Commission, effective fish and wildlife protective
facilities or compensatory measures as required by the laws of the member
states, shall be incorporated into water use developments; that the costs
thereof including operation and maintenance be included as a part of the
cost of said projects; and that the responsibility for the provision of
such effective fish and wildlife protective facilities or compensatory
measures as are recommended as a part of the project plan shall continue
beyond completion of construction of the individual projects. The fish
and wildlife facilities and compensatory measures referred to in this
article may include physical installations located elsewhere than at the
actual site of the project.
(3) In connection with projects coming within the purview of the
Commission, giving proper recognition to recreational and fish and
wildlife values by recommending such steps as may be necessary and
practicable—to protect or develop recreational resources; to assure the
maintenance of necessary minimum stream flows, reliable and adequate pool
levels, and allocation of water for fish and wildlife protective or
compensatory facilities, and for the regulation of such stream flows and
pool levels so as to conform to sound fish and wildlife management
practices.
ARTICLE X. Rules and Regulations
The Commission shall have the power to adopt and issue bylaws,
rules and regulations to effectuate the purposes of this Compact, as in
its judgment may be appropriate. The Commission shall publish its bylaws,
rules and regulations in convenient form, but shall not be subject to the
procedural requirements of any particular state.
ARTICLE XI. Existing Rights Recognized
Nothing in this Compact shall be deemed:
(1) To impair or affect any rights, powers or jurisdiction of the
United States, or those acting by or under its authority, in, over and to
the waters of the Columbia River Basin, except as otherwise provided by
the Federal legislation required for the implementation of this Compact.
(2) To affect the obligation of the United States to the Indians
and Indian tribes, or any right owned or held by or for Indians or Indian
tribes which is subject to the jurisdiction of the United States.
(3) To impair or affect the capacity of the United States, or those
acting by or under its authority, to acquire in accordance with the laws
of the state involved rights in and to use of waters of the Columbia
River Basin.
(4) To subject any property of the United States, its agencies or
instrumentalities, to taxation by any member state or subdivision thereof.
(5) To subject any property of the United States, its agencies or
instrumentalities, to the laws of any member state to any extent other
than the extent those laws would apply without regard to this Compact,
except as otherwise provided by the Federal legislation required for the
implementation of this Compact.
(6) To affect the applicability of the laws of any member state
with respect to water rights properly claimed thereunder, except to the
extent that the applicability in a given case would be inconsistent with
the provisions of this Compact.
(7) To affect adversely the areas of Mount Rainier, Glacier,
Yellowstone, or Grand Teton National Parks or Craters of the Moon, Fort
Vancouver or Whitman National Monuments or to limit the operation of laws
relating to the preservation thereof.
ARTICLE XII. Termination
This Compact shall remain in full force and effect unless and until
terminated by action of the legislatures of the states of Idaho, Montana,
Oregon and Washington which action is consented to and approved by the
Congress of the United States; provided, that in the event of any
termination all rights theretofore established hereunder or recognized
hereby shall continue to be recognized as valid notwithstanding such
termination.
ARTICLE XIII. Severability
The provisions of this Compact shall be severable. If any phrase,
clause, sentence, or provision of this Compact is declared to be contrary
to the constitution of any government or the applicability thereof to any
government or agency thereof or other entity or to any circumstance is
held invalid, the validity of the remainder of this Compact and the
applicability thereof to any government or agency thereof or other entity
or to any other circumstance shall not be affected thereby, unless it is
authoritatively and finally determined judicially that the remaining
provisions cannot operate for the purposes, or substantially in the
manner, intended by the member states independently of the portions
declared to be unconstitutional or invalid.
ARTICLE XIV. Ratification and Effective Date
A. This Compact shall become effective and binding when it has been
ratified by the legislatures of the states of Idaho, Montana, Oregon and
Washington, and when consented to by an Act of the Congress of the United
States, which will, in substance, provide that the United States, or any
agency thereof, or any nonfederal entity acting under any future license
or other authority granted under the laws of the United States, in
connection with water control or use projects located wholly or partly in
a downstream state shall be governed by the following limitation:
Rights to beneficial consumptive uses within the upstream area, whether
established heretofore or hereafter under applicable laws, shall be
recognized as against any rights, existing or future, to such waters for
nonconsumptive uses by projects located wholly or partly within a
downstream state, to the extent that average annual depletions resulting
from such upstream consumptive uses above any property or authorized
structure of the United States, located wholly or partly in a downstream
state, were assumed in Plate 10 of “Report of the Division Engineer”
Volume I of House Document No. 531, 81st Congress, 2nd Session, and to
the extent any additional depletions subsequently are recognized by the
Congress as the basis of operation of existing projects, or as the basis
for authorization of additional or revised projects.
B. If this Compact becomes effective in accordance with the above
provision, it shall also become effective and binding as to any of the
states of Nevada, Utah or Wyoming if ratified by the legislature of any
such state.
(Added to NRS by 1961, 237)
The
Governor shall give notice of the ratification of the Columbia Interstate
Compact by the Nevada Legislature to the governors of the states of
Idaho, Montana, Oregon, Utah, Washington and Wyoming and to the President
of the United States.
(Added to NRS by 1961, 248)
Within 30 days after the Compact becomes
effective, the Governor shall, in compliance with Article III of the
Compact, appoint one Commissioner for the State at large to represent the
State of Nevada on the Columbia Compact Commission established under
Article III of the Compact.
(Added to NRS by 1961, 248; A 1981, 68)
1. The Commissioner appointed pursuant to NRS 538.550 , if not in the regular employ of the State, is
entitled to receive a salary of not more than $80 per day, as fixed by
the Commission, for time actually spent on the work of the Columbia
Compact Commission.
2. If the Commissioner is in the regular employ of the State, he
is not entitled to additional compensation.
3. While engaged in the business of the Commission, the
Commissioner is entitled to receive the per diem allowance and travel
expenses provided for state officers and employees generally.
4. Claims for payment of all expenses incurred by the Commissioner
must be made by the Office of the State Engineer on vouchers approved by
the State Engineer and the State Board of Examiners and paid as other
claims against the State are paid.
(Added to NRS by 1961, 248; A 1977, 146; 1981, 1988; 1985, 436;
1989, 1718)
1. All officers of this state shall do all things falling within
their jurisdictions necessary or incidental to carrying out the
provisions of the Compact.
2. All officers, departments and persons of and in the government
and administration of this state shall, upon the request of the Columbia
Compact Commission, furnish the Commission with information and data
possessed by them and aid the Commission by any means within their legal
powers.
(Added to NRS by 1961, 249)
CALIFORNIA-NEVADA INTERSTATE COMPACT
The Legislature of the State of Nevada hereby ratifies
and approves the California-Nevada Interstate Compact as set forth in
this section. The provisions of the Compact shall become the law of this
state upon the compact becoming operative as provided in Article XXII of
the Compact. The provisions of the California-Nevada Interstate Compact
are as follows:
ARTICLE I. Purposes
Consistent with the provisions of the authorization Acts of the
State of California and the State of Nevada and the United States, the
major purposes of this compact are to provide for the equitable
apportionment of water between the two states; to promote interstate
comity and to further intergovernmental cooperation; to protect and
enhance existing economies; to remove causes of present and future
controversies; to permit the orderly integrated and comprehensive
development, use, conservation and control of the water within the Lake
Tahoe, Truckee River, Carson River, and Walker River Basins.
ARTICLE II. Definitions
A. The terms “California” and “Nevada” shall mean respectively the
State of California and the State of Nevada.
B. The term “commission” shall mean the administrative agency
created by Article IV of this compact.
C. The term “Lake Tahoe Basin” shall mean the drainage area
naturally tributary to Lake Tahoe including said Lake or to the Truckee
River upstream from the Truckee River intersection with the western
boundary of Section 12, Township 15 North, Range 16 East, Mount Diablo
Base and Meridian.
D. The term “Truckee River Basin” shall mean the area which
naturally drains into the Truckee River and its tributaries and into
Pyramid Lake including such lake, but excluding the Lake Tahoe Basin.
E. The term “Carson River Basin” shall mean the area which
naturally drains into the Carson River and its tributaries and to the
Carson River Sink, but excluding the Humboldt River drainage area.
F. The term “Walker River Basin” shall mean the area which
naturally drains into the Walker River and/or Walker Lake upstream from
the intersection of the river and/or lake in Mineral County, Nevada, with
the northern township line of Tier 10 North, Mount Diablo Base Line.
G. Except as otherwise expressly provided in this compact the
terms “existing,” “present” and “presently” shall mean as of 1964.
H. The term “effective date of the compact” shall be the date on
which the legislation provided for in Article XXII (1) and (2) shall
become law.
I. “Measured” means the determination of the relevant amount of
water in cubic feet per second or gallons per minute or acre-feet by the
use of a current meter, rated weir, rated flume, pipeline water meter,
computation from contour maps, or any other method which results in a
reasonably accurate determination based on sound engineering practices.
ARTICLE III. Sovereign Relationship
A. Each state shall have jurisdiction to determine, pursuant to
its own laws, the rights to the use of waters allocated to it herein;
provided, however, that the right to use such water shall be limited to
such quantities of water as shall reasonably be required for the
beneficial use to be served and shall not extend to the waste or
unreasonable use of water. Such provision shall not be construed to
affect the water rights laws of either state with respect to any waters,
other than the waters allocated to the state hereunder. Each state will
recognize and accept applications for such permits, licenses or other
permissions as are required by the law of the state where the application
is filed to enable the other state to utilize water allocated to such
other state. This provision shall neither require nor prohibit the United
States of America from complying with provisions of state law relating to
the appropriation of water allocated to the states by this compact.
B. Each state shall cooperate with the other in securing to each
the right to fully utilize the rights and privileges granted and waters
allocated to each hereunder.
C. The use of water by the United States of America or any of its
agencies, instrumentalities or wards shall be charged as a use by the
state in which the use is made.
ARTICLE IV. The California-Nevada Compact Commission
A. Creation and Composition
1. There is hereby created an interstate compact commission to be
designated as the California-Nevada Compact Commission herein referred to
as the commission.
2. The commission shall consist of five members from each state
and one member as representative of the United States chosen by the
President of the United States who is hereby requested to appoint such a
representative. The United States member shall be ex officio chairman of
the commission without vote and shall not be a domiciliary of or reside
in either state.
(a) The California members of the commission shall consist of the
Director of the Department of Water Resources of the State of California,
and four (4) members appointed by the Governor of California, all of whom
shall be residents of the State of California. One of the four members so
appointed shall be a resident of the Lake Tahoe Basin, one shall be a
resident of the Truckee River Basin, one shall be a resident of the
Walker River Basin and one shall be a resident of the Carson River Basin.
(b) The Nevada members of the commission shall consist of the State
Engineer of the State of Nevada (who additionally shall represent all
Nevada areas not otherwise represented as herein provided), and four (4)
members appointed by the Governor of Nevada, each of whom shall be a
resident of the State of Nevada and represent a specific area therein as
below defined, provided that the Governor shall not appoint any person a
member of such commission if he determines that such person has a
conflicting interest in California. One of the four members so appointed
shall be a resident real property owner within and represent the
Reno-Sparks metropolitan area (including adjacent agricultural area) and
be fully qualified by knowledge and experience in connection with the
water requirements and supply for such area; the other three members so
appointed shall be representative of the common interest and goals of all
water users of the area and each shall have broad practical experience in
water management, and one shall be a resident real property owner within
and represent the Walker River Basin in Nevada, another shall be a
resident real property owner within and represent the Carson River Basin
in Nevada upstream from Lahontan Reservoir, and the third shall be a
resident real property owner within and represent the area within the
Truckee-Carson Irrigation District in Nevada.
3. The term of office of the four members of the commission
appointed by each Governor shall be four (4) years. The Governor of each
state, upon appointment of the first members of the commission, shall
designate one member of the commission to serve for a period of one year,
one member to serve for a period of two years, one member to serve for a
period of three years, and one member to serve for a period of four
years. Thereafter, members shall be appointed for the regular term of
four years as the terms expire.
4. Interim vacancy, for whatever cause, in the office of any
member of the commission shall be filled for the unexpired term in the
same manner as hereinabove provided for regular appointment.
5. The appointed members of the California-Nevada Compact
Commission shall be designated within ninety (90) days after the
effective date of the compact. Within thirty (30) days after such members
have been appointed and the federal representative designated, the
commission shall meet and organize.
B. Finances
1. The salaries and the personal expenses of each member of the
commission shall be paid by the government he represents. All other
expenses which are incurred by the commission incident to the
administration of this compact and which are not paid by the United
States or by other funds received by the commission shall be borne
equally by the two states.
2. The commission shall adopt a budget covering the commission’s
estimate of its expenses for each of the following two fiscal years;
provided, that whenever the legislatures of both states appropriate funds
on an annual basis the commission shall submit its budget on such annual
basis. The commission shall submit said budget to the Governors of the
two states for joint review and approval and to the President of the
United States at the earliest date prescribed by the two states for
submission of proposed budgets. Each state shall appropriate one-half of
the funds necessary to meet said budget requirements, which
appropriations shall be made available to the commission as of July 1 of
each fiscal year for such fiscal year’s operations. All unexpended and
unencumbered funds from such appropriations shall be returned by the
commission in equal proportions to the states to the credit of the state
fund from which said appropriation was made. All receipts and
disbursements of funds handled by the commission shall be subject to a
joint audit by the states and the report of said audit shall be included,
and become a part of the annual report of the commission.
3. The commission shall not pledge the credit of any government
except by and with the authority of the legislative body thereof given
pursuant to and in keeping with the Constitution of said government. The
commission shall not incur any obligations prior to the availability of
funds adequate to meet the same.
4. The commission shall make and transmit to the Legislature and
Governor of each state and to the President of the United States an
annual report covering the finances and activities of the commission and
embodying such plans, recommendations and findings as may have been
adopted by the commission.
C. Meetings and Voting
1. A quorum for any meeting of the commission shall consist of six
members of the commission, provided that at least three members are
present from each state.
2. All meetings of the commission for the consideration of and
action on any matters coming before the commission, except matters
involving the management of internal affairs of the commission and its
staff, or involving litigation in which the commission is a party, shall
be open to the public. Matters coming within the exception of this
paragraph may be considered and acted upon by the commission in executive
session under such rules and regulations as the commission may see fit to
establish.
3. Each state shall have but one vote and every decision,
authorization, determination, order or other action shall require the
concurring votes of both states, provided that no state shall vote on any
action without the concurring vote of not less than three members of the
commission from such state.
D. General Powers
The commission shall have power to:
1. Adopt, amend and revoke bylaws, rules and regulations and
prescribe procedures for administration of the provisions of this compact.
2. Establish such offices as it deems necessary, and acquire and
hold property either by purchase, lease or otherwise as may be necessary
for the performance of its functions under this compact.
3. Employ engineering, legal, clerical and other aid as in its
judgment may be necessary for the performance of its functions. Such
employees shall be paid by and be responsible to the commission and shall
not be considered to be employees of either state. The commission may
establish workmen’s compensation benefits directly or by insurance. The
commission is authorized to contribute to the cost of health and accident
insurance for its employees to the same extent as either state
contributes to the cost of such insurance for its employees.
4. Perform all functions required of it by this compact and to do
all things necessary, proper or convenient in the performance of its
duties hereunder, either independently or in cooperation with any state,
federal or local agency or other entity or person.
5. Make such findings as are pertinent to this compact including
but not limited to findings as to the quantities of water being used in
either state, the amount of water available for use pursuant to the
allocations made herein, and each state’s share of the waters allocated.
6. Install and maintain measuring devices of a type or types
approved by the commission in any stream, lake, reservoir, ditch, pumping
station or other diversion works on the Truckee, Carson or Walker Rivers
or on Lake Tahoe, or on waters tributary thereto, or to require water
users at their expense to install and maintain measuring devices, as the
commission may determine necessary or proper to carry out the purposes or
provisions of this compact. The execution and enforcement of such
requirements concerning such measuring devices as shall be enacted by the
commission shall be accomplished by the commission directly, or by such
federal, state, local or other official or person as the commission may
delegate, or by any other agency responsible to or representing a federal
court.
7. Accept gifts of money or real property or anything of value.
8. Appoint a hearing examiner or examiners who may be members of
the commission to conduct hearings and to make recommendations to the
commission on any matter requiring a hearing and decision by the
commission.
9. Obtain a right of access to all properties in the Lake Tahoe,
Truckee River, Carson River and Walker River Basins whenever necessary
for the purpose of administration of this compact. The commission may
obtain a court order to enforce this right of access.
10. Take such action as it deems appropriate for the enforcement
of the provisions of this compact.
11. Administer oaths or affirmations and to compel the attendance
of witnesses and the production of documents by the use of subpoena which
may be served anywhere within the territorial limits of the United
States; said power to administer oaths and affirmations and to compel the
attendance of witnesses and the production of documents by the use of
subpoena may also be exercised by any hearing examiner appointed as
provided in subsection 8 of this Section D.
12. Contract with the appropriate agency of either state,
including the retirement system, to provide retirement and other benefits
to commission employees.
E. Whenever the public health or welfare is endangered, the
commission may declare the existence of an emergency and, in such event,
shall designate the location, nature, cause, area, extent and duration
thereof. In the event of an emergency so declared, the commission may,
with respect to all matters covered by this compact, do all things
necessary, proper or convenient independently or in cooperation with any
other agency, person, or entity, to initiate, carry on, and complete any
and all remedial measures required to meet said emergency including the
adoption and enforcement of any regulations and restrictions necessary
for such purpose.
ARTICLE V. Lake Tahoe Basin
A. The right of the United States or its agent to store waters in
Lake Tahoe between elevations 6,223.0 and 6,229.1 feet (Lake Tahoe datum)
and to release said stored waters for beneficial uses downstream from
Lake Tahoe Basin is hereby ratified and confirmed subject to the rights
granted in Section D of this article.
B. It is agreed by the states subject to the consent of the head
of the federal agency having jurisdiction thereof, that an overflow weir
of approximately 140 feet in length with a crest elevation of 6,223.0
feet, Lake Tahoe datum, upstream from the Lake Tahoe outlet gates shall
be constructed and installed with necessary channel improvements within
four years from the effective date of this compact provided that should
the commission decide that it is in the best interests of each of the two
states, it may extend such period for such additional period or periods
as it may deem reasonable. The cost of this installation shall be borne
by the States of California and Nevada in equal amounts. As used herein,
Lake Tahoe datum shall be measured with respect to the top surface of the
hexagonal brass bolt seven-eighths inch in diameter, projecting one inch
from the vertical face of the southerly concrete abutment wall of the
present existing Lake Tahoe Dam, at approximately 3.2 feet below the top
of the wall and approximately in line with the upstream ends of the
cutwaters of the concrete piers between the sluiceways of the dam. This
surface of the brass bolt is presumed for the purposes of the compact to
have an elevation 6,230.0 feet Lake Tahoe datum, notwithstanding that it
was determined by the U.S. Geological Survey on November 15, 1960, to be
at an elevation of 6,228.86 feet above sea level datum of 1929.
C. The storage rights in Lake Tahoe shall be operated alone or in
conjunction with other reservoirs so as to minimize the period and
duration of high and low water elevations in Lake Tahoe, provided that
exchanges of water or releases between Lake Tahoe and other reservoirs
shall not measurably impair the intended purpose of such reservoirs.
D. Upon construction of the overflow weir provided for in Section
B of this article, the total annual gross diversions for use within the
Lake Tahoe Basin from all natural sources including ground water and
under all water rights in said basin shall not exceed 34,000 acre-feet
annually, of which 23,000 acre-feet annually is allocated to the State of
California for use within said basin, and 11,000 acre-feet annually is
allocated to the State of Nevada for use within said basin. After use of
the water allocated herein, neither export of the water from the Lake
Tahoe Basin nor the reuse thereof prior to its return to the lake is
prohibited. This allocation is conditioned upon the construction of the
overflow weir; however, it is recognized that there may well be a period
of time between the effective date of the compact and the construction of
the overflow weir; during that period of time both states shall be
permitted to use waters within the Lake Tahoe Basin subject to the same
conditions, both as to place of use and amounts of use, as are provided
in this Article V.
E. In addition to the other allocations made by this compact,
transbasin diversions from the Lake Tahoe Basin in both states existing
as of December 31, 1959, may be continued, to the extent that such
diversions are recognized as vested rights under the laws of the state
where each such diversion is made.
The diversion of a maximum of 3,000 acre-feet per annum from
Marlette Lake for use in Nevada is hereby recognized as an existing
transbasin diversion within the meaning of this Section E.
F. Pumping from Lake Tahoe Basin for the benefit of downstream
users within the Truckee River Basin shall be permitted only in the event
of a drouth emergency as declared by the commission to the extent
required for domestic, municipal, and sanitary purposes, and when it is
determined by the commission that all other water available for such uses
from all sources is being so utilized. In the event of such declaration
of emergency, use of this water for such purposes shall have priority
over use of water for any other purpose downstream from Lake Tahoe Basin.
Pumping shall be done under the control and supervision of the commission
and water pumped shall not be charged to the allocation of water to the
Lake Tahoe Basin made herein.
ARTICLE VI. Truckee River Basin
The following allocations of water of the Truckee River and its
tributaries, including Lake Tahoe releases, are hereby made in the
following order of relative priority as between the states:
A. There is allocated to Nevada water for use on the Pyramid Lake
Indian Reservation in amounts as provided in the 1944 Truckee River
Decree (Final Decree in United States vs. Orr Ditch Company, et al.
United States District Court for the District of Nevada, Equity No. A3).
By appropriate court order, the United States, for and in behalf of the
Pyramid Lake Indians shall have the right to change points of diversion,
place, means, manner, or purpose of use of the water so allocated so far
as such change may be made without injury to the allocations to either
state.
B. There is allocated to California:
1. The right to divert within the Truckee River Basin in
California 10,000 acre-feet of water per calendar year which may be
stored in reservoirs at times when the flow in the channel of the Truckee
River at the United States Geological Survey Gauging Station at or near
the California-Nevada state line exceeds 500 cubic feet per second;
provided that such diversions shall not in the aggregate exceed 2,500
acre-feet in any calendar month and the amount of such storage in any one
reservoir, except Donner Lake, shall not exceed 500 acre-feet of active
storage capacity.
2. The amount of water as decreed to the Sierra Valley Water
Company by judgment in the case of United States vs. Sierra Valley Water
Company, United States District Court for the Northern District of
California, Civil No. 5597, as limited by said judgment.
3. Six thousand acre-feet of water annually from the conservation
yield of Stampede Reservoir having a storage capacity of 225,000
acre-feet, subject to the execution of a contract or contracts therefor
with the United States of America. California may divert all or any
portion of said 6,000 acre-feet of conservation yield from Stampede
Reservoir directly or by exchanges from any source on the Truckee River
or its tributaries or from Lake Tahoe. California shall be allowed to
deplete this allocation; provided, that in ascertaining the amount of
depletion, credit for return flow shall be limited to the amounts of
water which can be measured as a contribution to the Truckee River system.
4. If and when the water allocated to California in subparagraphs
1 and 3 of this section and in Article V is being used, or such use
appears imminent, the commission shall permit California to develop
additional yields of water for use in California, either directly or by
exchange subject to the following limitations:
(a) All existing beneficial uses of water for domestic, municipal,
industrial, and agricultural purposes in Nevada as determined by Nevada
law as of that time together with the yield of Stampede Reservoir in
excess of 6,000 acre-feet shall be recognized and not impaired by the
development of such additional yield.
(b) Additional yields developed for use in California shall be
limited to an amount not to exceed an aggregate of 10,000 acre-feet
annually, and such development shall be for domestic, municipal, and
industrial uses solely. California shall be allowed to deplete this
allocation; provided, that in ascertaining the amount of depletion,
credit for return flow shall be limited to the amounts of water which can
be measured as a contribution to the Truckee River system.
(c) The right of the commission to permit Nevada to share in such
additional yield upon participation by Nevada in bearing a proportionate
cost of developing such additional yield.
C. The right to store in Prosser Creek Reservoir a maximum of
30,000 acre-feet of water annually with the priority as set forth in
California State Water Rights permit 11666 and to release water therefrom
as set forth in said permit and any license which may be issued
thereunder is hereby recognized and confirmed.
D. There is allocated to Nevada all water in excess of the
allocations made in Sections B and C of this article.
ARTICLE VII. Carson River Basin
The following allocations of water of the Carson River and
tributaries are hereby made in the following order of priority as between
states:
A. There is allocated to the State of California:
1. The right to divert from the natural flow of the West Fork
Carson River and its tributaries for existing nonirrigation uses, and for
direct irrigation use commencing on March 15 and ending on October 31 of
each year on presently irrigable lands determined to be approximately
5,600 acres, an aggregate flow of water equal to a 30-day average of 3
c.f.s. per 100 acres or 168 c.f.s. for the area as a whole; provided that
the 3 c.f.s. per 100-acre limitation shall not prevent greater rates of
diversion for those areas which have an established greater rate of use;
provided further, however, that the maximum aggregate diversion shall not
exceed 185 c.f.s. measured at the points of diversion.
Provided, however, diversions for use downstream from the western
boundary of Section 34, Township 11 North, Range 19 East, Mount Diablo
Base and Meridian, shall be subject to the following limitations:
(a) Whenever, after the first Monday in May or any day in that week
or alternate weeks thereafter of any year the flow of the West Fork of
the Carson River at said western boundary shall have fallen below 175
cubic feet per second, then, until October 31 next, water users in
California who divert from the West Fork of the Carson River downstream
from said western boundary shall rotate all or any portion of the natural
flow of the West Fork of the Carson River necessary to satisfy the demand
of Nevada lands with water users in Nevada every other week beginning
with the week following that in which water is used in Nevada, and during
each rotation period said California users shall be entitled to divert
the natural flow of the West Fork of the Carson River during their
rotation weeks.
(b) Rotation between water users in California and Nevada on the
West Fork of the Carson River may be terminated in whole or in part upon
approval of the commission for such termination, upon provision being
made so that sufficient water is available by storage or exchange to
assure that the water users in Nevada will receive at the same time the
flow of water which would have been available to the Nevada water users
under rotation.
(c) Stock water, domestic water, and water for fire protection
purposes may be diverted downstream from said western boundary from the
natural flow of the West Fork of the Carson River at all times by owners
of irrigation water rights in California whose lands are contiguous to
the West Fork of the Carson River; provided, however, that such diversion
shall be limited to the amounts actually required to deliver water for
such purposes, and any excess over the amount so diverted shall be
returned to the West Fork of the Carson River whenever practicable. Water
diverted under this provision shall not be converted to any other use.
The commission or its designee shall rule on any challenge relative to
the necessity and amount of water required for such purposes.
2. The right to divert from the natural flow of the East Fork
Carson River and its tributaries for existing nonirrigation uses, and for
direct irrigation use commencing on March 15 and ending on October 31 of
each year on presently irrigable lands determined to be approximately
3,820 acres, an aggregate flow of water equal to a 30-day average of 3
c.f.s. per 100 acres or 115 c.f.s. for the area as a whole; provided that
the 3 c.f.s. per 100-acre limitation shall not prevent greater rates of
diversion for those areas which have an established greater rate of use;
provided further, however, that the maximum aggregate diversion shall not
exceed 115 c.f.s. measured at the points of diversion.
3. There is allocated to the State of California the right to
store 2,000 acre-feet of water per annum within Alpine County for
supplemental use on presently irrigated lands within said county adverse
to Lahontan Reservoir but subject to all other existing uses in Nevada.
Water stored pursuant to this section remaining at the end of the year
shall be deemed to have been stored in the succeeding year.
B. There is allocated to the State of Nevada:
1. The right to divert water from the natural flow of the Carson
River and its tributaries during the period commencing March 15 and
ending October 31 of each year at the rate of 3 c.f.s. per 100 acres for
use on presently irrigated lands in the area above Lahontan Reservoir
determined to be approximately 41,320 acres. The rate of 3 c.f.s. per 100
acres is based on a 30-day average for the area as a whole and shall not
prevent greater rates of diversion for those areas that have an
established greater use; provided that the aggregate diversion measured
at the points of diversion shall not exceed 700 c.f.s. on the East Fork
of the Carson River, 300 c.f.s. on the West Fork of the Carson River, and
220 c.f.s. on the Main Carson River below the confluence of the East and
West Forks.
The combining and exchanging of the use of water between ditches
and among users shall be permitted at all times and shall be required
whenever necessary in order to obtain reasonable economy in the use of
the water of the river or other streams, or in order to give to each
ditch or user a more advantageous irrigation head.
2. Subject to allocations made in subsection B.1 and Section C of
this article, the right to divert water from the Carson River for
irrigation use either by direct diversion or by storage in Lahontan
Reservoir or other existing reservoirs for use on the Newlands Project.
C. There is allocated to each state the right to store water in
existing reservoirs upstream from Lahontan Reservoir to the extent of
existing capacity with the appropriate priority with respect to natural
flow rights upstream from Lahontan Reservoir under applicable state law,
and use such stored waters on the lands in each state to which the
storage is appurtenant.
D. Additional yields shall be available for development under the
currently authorized Washoe Project from water available in excess of
existing beneficial uses recognized by Nevada law, or under other new
projects upon a determination by the commission that there is water
available on the Carson River and its tributaries in excess of that
required to satisfy existing beneficial uses in Nevada as determined by
Nevada law as of the time of authorization or construction of such new
projects. Such additional yields shall be allocated between the states
with equal priority, 20 percent of which shall be allocated to California
and 80 percent to Nevada.
Each state shall have the right to participate in any development
project by bearing a proportionate cost of such development. In the event
that joint developments are found to be not feasible or desirable, each
state may develop separately its proportionate share of the remaining
water.
E. Except as provided by Article X of this compact, the waters of
the Carson River shall not be used in areas outside the Carson River
Basin.
ARTICLE VIII. Walker River Basin
A. Allocation to Present Rights and Uses
1. Except as the rights of the Walker River Irrigation District
may be limited by subsections 2 and 3 below, the provisions of the decree
in the case of United States v. Walker River Irrigation District, et al.,
United States District Court for the District of Nevada Equity No. C-125,
filed April 15, 1936, as amended by the Order of the Honorable A.F. St.
Sure, dated April 24, 1940, hereafter called Decree C-125 are hereby
recognized and confirmed.
2. The rights of the Walker River Irrigation District to store
water of the West Walker River in Topaz Reservoir with a storage capacity
of 59,000 acre-feet, under Part VIII of Decree C-125 and under any other
basis of right, and to use such water, are hereby recognized and
confirmed, subject to the following:
(a) The maximum quantity of water which can be diverted annually to
storage is 85,000 acre-feet. No more than 85,000 acre-feet of water less
reservoir evaporation can be rediverted for use within the district
annually. The 85,000 acre-feet amount so allowed to be diverted to
storage and rediverted to use include water used under direct diversion
rights in Decree C-125 acquired by said district prior to 1964. For the
purpose of this provision “annually” means the period from November 1
through October 31 of the following year.
(b) The maximum rate of diversion to such reservoir under such
rights is 1,000 c.f.s.
(c) For the purpose of determining the availability of water to
satisfy rights junior to the Topaz Reservoir storage rights of the Walker
River Irrigation District, or for division between the states as unused
water, water which has been stored, or is available for storage in and
can be physically diverted to such reservoir under such reservoir rights
but is released or is allowed to pass through the reservoir and is not
rediverted to use in Nevada, shall be deemed to have been held in
storage; provided, that until a new major storage project is constructed
on the West Walker River, the foregoing shall not apply to the extent
that said district with the concurrence of the watermaster determines,
prior to the release or passing through of such water from Topaz
Reservoir in any year, that it is necessary to release or pass through
such water in order to provide storage space in Topaz Reservoir as a
means of protecting lands in Nevada against flood damage later in the
year.
3. The rights of the Walker River Irrigation District to store
water of the East Walker River in Bridgeport Reservoir with a storage
capacity of 42,000 acre-feet, under Part VIII of Decree C-125 and under
any other basis of right, and to use such water, are hereby recognized
and confirmed, subject to the following:
(a) The maximum quantity of water which can be diverted to storage
in any year is 57,000 acre-feet. No more than 57,000 acre-feet of water
less reservoir evaporation can be rediverted for use within the district
in any year. The 57,000 acre-feet amounts so allowed to be diverted to
storage and rediverted to use include water used under direct diversion
rights in said decree acquired by said district prior to 1964 except for
water used under such rights prior to 1964 on lands owned by said
district in Bridgeport Valley. For the purpose of this provision “year”
means the period from November 1 of one calendar year to October 31 of
the following calendar year.
(b) Water of the East Walker River and its tributaries may,
adversely to the Bridgeport Reservoir storage rights hereinabove
recognized and confirmed, be stored upstream from said reservoir in any
year, for later use after the spring flood of the year in which the water
was so stored, under rights junior to said reservoir rights; provided,
that when the Walker River system is put on priority under Decree C-125
after the annual spring flood, or upon demand made prior to the spring
flood for water necessary to satisfy early season demand, the watermaster
shall make an accounting and water shall be released from said upstream
storage in such amounts as determined by the watermaster to be necessary
to satisfy said reservoir rights to the same extent as they would have
been satisfied in the absence of said adverse upstream storage.
4. (a) There is allocated to each state respectively the amount of
existing diversions and uses of water of the Walker River Basin diverted
upstream from Weber Reservoir and not specifically covered in Decree
C-125, provided, that this allocation shall not include water distributed
under the historical administration of Decree C-125 in excess of the
rights set forth in Decree C-125 to lands having rights thereunder. In
making this allocation, it is recognized that the amounts of water
allocated and the respective priorities are not presently known with
certainty. The commission shall as soon as practicable after its
effectuation provide for an investigation, either with its own staff or
by other agencies or persons, to ascertain with certainty the amounts of
water and priorities of such uses. As between the respective states, the
priorities shall be determined as follows: In cases of use not under
state-recognized rights, the priorities shall be the date of initiation
of use; in cases of use under state-recognized rights, the priorities
shall be as provided under the law of the state where the diversion is
made. Upon approval by the commission, the results of the investigation
shall be binding as to the allocation to each state hereunder.
(b) In addition to rights recognized in subsection A.1 of this
article there is allocated to Nevada for use on the Walker River Indian
Reservation a maximum of 13,000 acre-feet per year for storage in Weber
Reservoir and later rediversion to use and in addition 9,450 acre-feet
per year to be diverted from natural flow. Both allocations shall have a
priority of 1933. The season for diversion of water to storage shall be
from November 1 to October 31 of the following year. The season for
diversion of water directly for use shall be from March 1 to October 31
and at a maximum rate of 60 cubic feet per second. For the purpose of
determining the availability of water to satisfy rights junior to this
allocation or for division between the states as unused water, water
which has been stored, or which can be physically stored or diverted to
use under this allocation but is released or is allowed to pass through
Weber Reservoir and is not rediverted to use on the Walker River Indian
Reservation, shall be deemed to have been held in storage or used;
provided, that the foregoing shall not apply to the extent that the
appropriate representative of said reservation with the concurrence of
the watermaster determines prior to the release or passing through of
such water from Weber Reservoir in any year, that it is necessary to
release or pass through such water in order to provide storage space in
Weber Reservoir as a means of protecting lands in Nevada against flood
damage later in the year; provided, further, that the foregoing shall not
apply to passage of water of inferior quality to the extent that such
passage may be necessary to maintain the water of suitable quality for
irrigation on said reservation as determined by the commission.
Water of the Walker River and its tributaries may, adversely to the
Weber Reservoir storage rights hereinabove recognized and confirmed, be
stored upstream from said reservoir in any year, for later use after the
spring flood of the year in which the water was so stored, under rights
junior to said reservoir rights; provided, that when the Walker River
system is put on priority under Decree C-125 after the annual spring
flood, or upon demand made prior to the spring flood for water necessary
to satisfy early season demand, the watermaster shall make an accounting
and water shall be released from said upstream storage in such amounts as
determined by the watermaster to be necessary to satisfy said reservoir
rights to the same extent as they would have been satisfied in the
absence of said adverse upstream storage.
5. In addition to rights recognized in subsections A.1 and A.4(a)
above, there is allocated to California water of the West Walker River as
follows:
(a) When all direct diversion rights under Decree C-125 are being
satisfied and simultaneously water of the West Walker River is being
diverted to storage pursuant to the Topaz Reservoir storage rights
recognized and confirmed in subsection 2 of this Section A, but there is
not flow in excess of that required to fully satisfy Topaz Reservoir
storage rights, diversions in Antelope Valley in excess of the amounts to
which Antelope Valley lands are entitled under Decree C-125 shall be
permitted by the watermaster for such periods and in such amounts as, in
the sound professional judgment of the watermaster, will not cause, on an
overall irrigation season basis, any discernible net reduction in the
amount of water available to satisfy said Topaz Reservoir storage rights.
(b) Such excess diversions may be used only on Antelope Valley
lands entitled to water under Decree C-125 which can be served from the
ditch systems existing as of the effective date of this compact.
(c) The allocation in this subsection 5 shall terminate after
construction of a new major storage project on the West Walker River
upstream from Antelope Valley.
B. Allocation of Unused Water
1. The term “unused water” includes all waters of the Walker River
and its tributaries in excess of the amounts allocated, or required for
satisfaction of rights and uses recognized and confirmed, as provided
under Section A of this Article VIII, except that there shall be excluded
therefrom natural flow which is not physically available above the head
of Mason Valley. There is allocated to the State of California 35 percent
of such unused water, and there is allocated to the State of Nevada 65
percent of such unused water. The allocation to each state provided
herein in this subsection B.1 shall be equal in priority.
(a) The reregulation by storage of waters allocated for storage
shall not be considered as the development of “unused water.”
2. Neither state shall be precluded from constructing works for
the control, use and development of the water allocated pursuant to
subsection B.1 of this article for optimum use of water.
3. While separate development may be undertaken by either state
for surface storage of unused water of the West Walker River so
allocated, the State Engineer of the State of Nevada and the Department
of Water Resources of the State of California shall cooperate in a joint
review of all potential developments of unused water of the West Walker
River so allocated in subsection B.1 of this Article VIII and shall
prepare and present a report of the benefits to be obtained, and other
relevant data from each such development to the commission or if the
commission has not yet become operative, to the joint commission which
negotiated this compact, at a public hearing or hearings held at times
and places within the Walker River Basin set by the commission or said
joint commission.
(a) Should a separate surface storage project or projects be
constructed in Nevada to develop Nevada’s share of the unused water of
the West Walker River, California may thereafter store and use said
unused water allocated to Nevada adverse to such Nevada storage projects,
provided that, without charge to Nevada, California makes available for
consumptive use in Nevada, water in the same amounts, at the same times,
and in the same places as would have been available for use in Nevada
from such Nevada storage projects had California not so stored and used
said unused water allocated to Nevada; and provided further that Nevada
shall not be deprived of water required for: (1) maintenance of a minimum
reservoir level for the preservation of fish life and (2) nonconsumptive
uses which are found by the commission to be in the public interest of
the Walker River Basin as a whole.
(b) From time to time after construction of each surface storage
project upstream from Topaz Reservoir, for development of the unused
water allocated herein, the commission shall determine the amounts of
water which may be diverted and used in each state pursuant to its
allocation as the result of the construction and operation of such
project. In making such determination the commission shall compute any
increase of yield of previously constructed reservoirs which may result
from operation of such project constructed to develop unused water and
shall include such increase in the amounts of water which may be diverted
and used in each of the two states pursuant to its allocation of unused
water.
4. Return flow to the Walker River or its tributaries from any
source shall be deemed to be natural flow.
5. Unused water shall be used only:
(a) Within the Walker River Basin;
(b) Within the portion of Artesia Lake Basin south of the northern
township line of Tier 12 North and west of a line one mile east of the
eastern range line of Range 23 East, Mount Diablo Base Line and Meridian;
(c) Within the portion of Mason Valley and Adrian Valley south of
the northern township line of Tier 15 North, Mount Diablo Base Line;
(d) Within the area tributary to Topaz Lake; or
(e) Any combination of the above areas.
C. Watermaster
1. A single watermaster shall have the responsibility and power to
administer: (a) all rights and uses of water of the Walker River Basin
recognized in Section A of this Article VIII, including rights under
Decree C-125, (b) the allocation between the states provided for in this
compact of water of the Walker River Basin in excess of that necessary to
satisfy such rights and uses, and (c) all rights acquired to use water so
allocated.
2. The watermaster shall be nominated by the commission as soon as
practicable after this compact goes into effect, but his appointment
shall not become effective until approved and confirmed by the Federal
District Court for the District of Nevada, it being the intent of this
compact that only a person satisfactory to both the commission and said
court be the watermaster under this compact and under Decree C-125. At
any time either the commission or said court may terminate the
appointment of the person serving as watermaster by adopting an
appropriate resolution or order, and notifying the other and the
watermaster thereof. When a vacancy occurs by such action or by the death
or resignation of the person serving as watermaster, a successor shall be
selected by the same procedure as provided for the original appointment.
3. Until appointment of the watermaster becomes effective by
approval and confirmation of said court, either as to the original
selection of the watermaster or subsequent selections to fill a vacancy,
a person designated by the commission shall have interim responsibility
and power to administer the allocation between the states referred to in
subsection 1(b) above and all rights and uses other than the rights under
Decree C-125, and the rights and uses under Decree C-125 shall be
administered on an interim basis as may be provided by said court.
4. Actions and decisions of the watermaster as to the
administration of the rights under Decree C-125 shall be subject to
review and modification by said court. Actions and decisions of the
watermaster as to the administration of the allocation between the states
referred to in subsection 1(b) above and of all rights and uses other
than rights under Decree C-125 shall be subject to review and
modification by the commission.
5. Said court is requested to appoint a six-member advisory board
composed of one person each representing: (1) the East Walker River Basin
in California, (2) the West Walker River Basin in California, (3) the
East Walker River Basin in Nevada, (4) the West Walker River Basin in
Nevada, (5) the Main Walker River Basin in Nevada, and (6) the Walker
River Indian Reservation. The watermaster shall prepare an annual budget
of proposed expenditures for personnel, equipment, supplies, and other
purposes deemed by him to be necessary to carry out his functions. In the
formulation of said budget the watermaster shall consult with said
advisory board. In the event that said advisory board is not in agreement
with the budget proposed by the watermaster, it shall so advise said
court. Said budget shall require approval of both the commission and said
court to become effective.
6. The expenditures attributable to administration of the rights
under Decree C-125 shall be apportioned and collected in accordance with
orders of said court. The expenditures attributable to administration of
all other rights and uses of the water of the Walker River Basin under
this compact shall be equitably apportioned among, and collected from,
the users thereof by the watermaster under rules and regulations of the
commission, and the commission shall have the power to enforce collection
thereof by any reasonable means, including court action in any state or
federal court of appropriate jurisdiction. The expenditures attributable
to administering the allocation between the states referred to in
subsection 1(b) above shall be borne by the commission as part of the
expense under Article IV, subsection B.1 of this compact.
ARTICLE IX. Ground Water and Springs
A. Development and Use of Ground Water
1. Both states shall have the right to develop and use ground
water within their respective boundaries; provided that development and
use of ground water in one state shall not reduce the amount of water
which the other state would have received under the allocation herein if
ground water were not developed and used.
2. In the development and use of ground water pursuant to this
article, wells or other methods of collecting underground water shall be
constructed in a manner which will assure that water will not be drawn
directly from allocated surface water. In the absence of proof to the
contrary made to the commission, wells drilled within 500 feet from any
perennial streams which are not sealed from the surface to a depth of at
least 50 feet shall be deemed prima facie to draw directly from allocated
surface water.
B. Each state shall have the right to use water from springs;
provided that the use of water from springs in one state shall not reduce
the amount of water which the other state would have received under the
allocations herein if water from springs were not used.
C. Effect on Allocations
1. The commission shall have authority to take such action as it
deems appropriate, so that the allocations of water made by this compact
to either state shall not be adversely affected by ground water
withdrawals or use of water from springs in the other state.
2. If either state claims that the development and use of ground
water or water from springs in the other state reduces the amount of
water which said state would have received under its allocation if such
ground water or water from springs were not developed and used, it may
file a protest with the commission in accordance with the rules of the
commission. The commission is empowered to receive evidence on any
protest and make its ruling thereon.
ARTICLE X. Interbasin Transfers of Use
Either state may use directly, by exchange, or otherwise its
allocated waters of the Truckee River in the Lake Tahoe Basin or the
Carson River Basin, or its allocated waters of the Carson River in the
Lake Tahoe Basin or the Truckee River Basin. The commission shall have
authority to take such action as it deems appropriate so that the
allocations of water made by this compact to either state shall not be
adversely affected by such use in the other state.
Nothing herein shall preclude the use of Lake Tahoe as a physical
facility to accomplish the use of Truckee River waters in the Carson
River watershed or Carson River waters in the Truckee River watershed,
but in no event shall the use of Lake Tahoe as such a physical facility
be inconsistent with any provision of Article V of the compact.
ARTICLE XI. Suppression of Evaporation
A. Either state is entitled, but not obligated to participate in
any project for the conservation of water through the suppression of
evaporation. The yield of any such project shall be allocated to each
state by the commission in such proportion as shall be determined by the
commission, taking into consideration such factors as the commission
deems pertinent. Such allocation of yield to each state shall be in
addition to the waters allocated to each state by other provisions of
this compact.
B. Subject to the power of the commission to allocate the
increased yield resulting from suppression of evaporation as set forth
above, no existing property right shall be adversely affected except by
agreement with the owner, or as may be otherwise permitted by state law.
Nothing herein shall diminish or supersede any law of either state
regarding water quality, including but not limited to conditions
affecting fish and wildlife.
ARTICLE XII. Coordination of Reservoirs
A. The commission shall have the authority to prepare plans for
the coordination of reservoirs and the method of implementation of any
such plans prepared, and to approve the same and to review and revise
such approved plans from time to time as the commission may deem
appropriate. Prior to the preparation of any such plan and implementation
or review or revision thereof, the owners of all reservoirs to be
affected thereby shall be given the opportunity of participating in such
preparation, review, or revision.
B. Prior to the approval thereof, the commission shall provide for
public hearings concerning such a plan, review, or revision upon such
notice as the commission deems appropriate.
C. Any owner of a reservoir shall have the right to refuse to
participate in any such plan, or method of implementation, or review or
revision thereof, and in such event such reservoir shall be excluded
therefrom, and any plan or implementation or review or revision
concerning other reservoirs as may be approved shall not adversely affect
the use of the reservoir or the right to the use of water therefrom,
which has been excluded.
D. Owners of reservoirs may develop plans for coordination
thereof, but shall give written notice to the commission at least 60 days
prior to their implementation.
ARTICLE XIII. Fish, Wildlife, and Recreation
The use of waters for preservation, protection, and enhancement of
fish, wildlife, and recreation is hereby recognized as an inseparable
part of the public interest in the use of the waters of Lake Tahoe,
Truckee, Carson and Walker River Basins in both states, and is,
therefore, beneficial.
ARTICLE XIV. Nonconsumptive Use
Each state may use water for nonconsumptive purposes, including but
not limited to flood control, recreation, fishery and wildlife
maintenance and enhancement, and hydroelectric power generation, provided
that such uses result in no discernible reduction in the water allocated
to the other state.
ARTICLE XV. Diversion and Exchange of Yield From Future Reservoirs
Upon the construction of a surface storage project or projects to
store unused water herein allocated, users who become entitled to the
yield therefrom may, at any point where water is physically available,
divert water to use subject to approval of the commission and conditioned
upon providing water in exchange for such diverted water as directed by
the commission, so that other users, including owners of reservoir
storage or owners of interest in waters stored, receive their entitlement
of water in time, place, and quality the same as if the diversion and
exchange had not been made.
ARTICLE XVI. Change of Point of Diversion, Manner,
Purpose, or Place of Use
Any change of point of diversion or of manner, purpose or place of
use of the waters of the Carson, Truckee or Walker River Basins may be
made in either state pursuant to state law or applicable court decree,
provided that such change shall not adversely affect the allocation of
water to the other state. Either state, if permitted by state law, may
permit a change to other use of water formerly consumed by natural
subirrigation on meadows. It shall be the duty of each state to initiate
proceedings before the commission if it believes that such change in the
other state would adversely affect its allocation. In the event of the
initiation of such a proceeding a commission hearing shall be held and
the person desiring the change shall have the burden of establishing that
such change would not adversely affect the allocation to the complaining
state. In the event the person desiring the change does not establish
that such change would not adversely affect the allocation to the
complaining state, the commission shall enter such order as it deems
appropriate to assure that the allocation to the complaining state is not
adversely affected.
ARTICLE XVII. Imported Water
The provisions of this compact respecting allocation of water are
applicable solely to the waters of the Truckee, Carson, and Walker River
Basins and the Lake Tahoe Basin. To the extent that either state imports
into the Truckee, Carson or Walker River Basins or the Lake Tahoe Basin
water from another river or source the state making the importation shall
have the exclusive use of such imported water unless by written agreement
between the states it is otherwise provided. Nothing herein shall
preclude either state from using such imported water as replacement or
exchange water to meet such conditions as may be imposed by the
commission pursuant to the provisions of this compact.
ARTICLE XVIII. Compact Effect
A. Each state and all persons using, claiming, or in any manner
asserting any right to the use of the waters of Lake Tahoe, Truckee
River, Carson River, and Walker River Basins, shall be subject to the
terms of this compact.
B. The provisions of this compact shall be self-executing and
shall by operation of law be conditions of the various state permits,
licenses, or other authorizations relating to the waters of Lake Tahoe,
Truckee River, Carson River and Walker River Basins.
C. Nothing in this compact shall abridge, limit or derogate
against any claim or right of anyone to the use of water in either state
within the allocations to such state that could or may be made or
established under state or federal law had this compact not been adopted;
provided, that the place of use, under any such right, of water from any
of the four basins covered by this compact shall be limited to such basin
or such other areas outside such basin as are permissible places of use
of water from such basin under this compact.
D. Nothing in this compact shall be construed as granting to any
person or entity the right to divert, store, or use water.
ARTICLE XIX. Violations
A. Violations or threatened violations of any of the provisions of
this compact which come to the attention of the commission shall be
promptly investigated by it. If after such investigation the commission
determines further action is necessary it may take such action as it
deems advisable including, but not limited to, the commencement of an
action injunctive or otherwise in its own name in any court of general
jurisdiction of the state where the violation has occurred or is
threatened, or the United States District Court for the district where
said violation has occurred or is threatened, or if it is determined by
the commission appropriate to do so, refer the matter with its
recommendations, if any, to an appropriate federal, state, or local
official or agency or board for action.
B. In any action concerned with any matter in which the commission
has made a decision, the findings of the commission shall constitute
prima facie evidence of the facts found.
ARTICLE XX. Recourse to Courts
Nothing in this compact shall be construed to limit or prevent
either state or any person or entity from instituting or maintaining any
action or proceeding, legal or equitable, in any court of competent
jurisdiction for the protection of any right under this compact or the
enforcement of its provisions, provided that in all matters in which the
commission is given jurisdiction by this compact to make a decision no
such court action shall be commenced until the matter has been submitted
to the commission for decision and decided by it, unless a decision by
the commission has been unreasonably delayed.
ARTICLE XXI. Nonimpairment of Rights of United States
Except as provided in Article XXII nothing in this compact shall be
construed as:
A. Affecting the obligations of the United States to the Indians
and Indian tribes, or any right owned or held by or for Indians or Indian
tribes which is subject to the jurisdiction of the United States.
B. Affecting any rights or powers of the United States of America,
its agencies or instrumentalities in or to the waters of the Truckee,
Carson, or Walker River Basins or the Lake Tahoe Basin, or its capacity
to acquire rights in and to the use of said waters.
C. Subjecting any property of the United States, its agencies or
instrumentalities to taxation by either state or subdivision thereof.
D. Subjecting any property of the United States of America, its
agencies or instrumentalities to the laws of any state to an extent other
than the extent to which such laws would apply without regard to this
compact.
ARTICLE XXII. Ratification and Consent
This compact shall become effective when, but only if:
(1) It shall have been ratified by acts of the Legislature of each
of the States of California and Nevada;
(2) It shall have been consented to by act of Congress of the
United States; and
(3) Congress provides in its consent legislation or by separate
legislation that the following provisions of the compact shall be binding
on the agencies, wards, and instrumentalities of the United States of
America:
Article V, Section D
Article V, Section F
Article VI, Subsection B.1
Article VI, Subsection B.3
Article VI, Subsection B.4
Article VI, Section D
Article VII, Section A
Article VII, Section B
Article VII, Section C
Article VII, Section D
Article VII, Section E
Article VIII, Subsection A.4(b)
Article VIII, Subsection B.1
Article VIII, Subsection B.5
ARTICLE XXIII. Termination
This compact may be terminated any time by legislative consent of
both states, but notwithstanding such termination all rights then
established hereunder or recognized hereby shall continue to be
recognized as valid.
In witness whereof the commissioners have executed six counterparts
hereof, each of which shall be and does constitute an original and one
shall be deposited with the Administrator of General Services of the
United States of America, and two of which shall be forwarded to the
Governor of each signatory state, and one of which shall be made a part
of the permanent records of the California-Nevada Compact Commission.
(Added to NRS by 1969, 69; A 1969, 1259; 1971, 29)
The
Governor shall give notice of the ratification of the California-Nevada
Interstate Compact by the Nevada Legislature to the Governor of the State
of California and to the President of the United States.
(Added to NRS by 1969, 88)
1. The Nevada members of the California-Nevada Interstate Compact
Commission, designated or appointed pursuant to Article IV of the
Compact, if not in the regular employ of the State, are entitled to
receive a salary of not more than $80 per day, as fixed by the
Commission, for time actually spent on the work of the Compact Commission.
2. The State Engineer and any other Nevada commission members who
are in the regular employ of the State are not entitled to additional
compensation.
3. While engaged in the business of the Commission, the State
Engineer and any other Nevada commission members are entitled to receive
the per diem allowance and travel expenses provided for state officers
and employees generally.
4. Claims for payment of all such expenses incurred by the
commission members must be made by the Office of the State Engineer on
vouchers approved by the State Engineer and the State Board of Examiners
and paid as other claims against the State are paid.
(Added to NRS by 1969, 88; A 1977, 146; 1981, 1988; 1985, 437;
1989, 1719)
1. All officers of this state shall do all things falling within
their jurisdiction necessary or incidental to carrying out the provisions
of the Compact.
2. All officers, departments and persons of and in the government
and administration of this state shall, upon the request of the
California-Nevada Interstate Compact Commission, furnish the Commission
with information and data possessed by them and aid the Commission by any
means within their legal powers.
(Added to NRS by 1969, 89)
MISCELLANEOUS PROVISIONS
1. If a judicial or administrative proceeding has been initiated,
by or on behalf of a person or other entity from outside of this state,
that could adversely affect or place in jeopardy a water right or supply
of water within this state, a local government may submit a request to
the Director of the State Department of Conservation and Natural
Resources for a special distribution by The Interim Finance Committee
from the Contingency Fund.
2. The Director of the State Department of Conservation and
Natural Resources shall consider the request, may require from the
requester such additional information as it deems appropriate, and shall,
if he finds that a special distribution should be made, request approval
from the State Board of Examiners and amount of the distribution to the
Interim Finance Committee for its independent evaluation and action. The
Interim Finance Committee is not bound to follow the recommendation of
the State Board of Examiners or the Director of the State Department of
Conservation and Natural Resources.
3. The State Board of Examiners and the Director of the State
Department of Conservation and Natural Resources shall transmit its
recommendation to the Director of the Legislative Counsel Bureau, who
shall notify the Chairman of the Interim Finance Committee. The Chairman
shall call a meeting of the Committee to consider the recommendation.
4. The Interim Finance Committee may make a special distribution
from the Contingency Fund if it finds that:
(a) The grant will be expended to assist local governments in the
defense and protection of water rights and supplies of water, on behalf
of the people of this state, from any challenge or encroachment
originating outside of this state; and
(b) The requester will provide an amount of money, at least equal
to the grant, for the same purpose.
5. The recipient of a special distribution made pursuant to this
section:
(a) Shall provide an amount of money at least equal to the
allocation which must be used for the same purpose.
(b) May, in accomplishing the public purpose set forth in paragraph
(a) of subsection 4, use the money to employ legal counsel and other
consultants necessary to participate in or negotiate the settlement of
judicial or administrative proceedings concerning water rights or
supplies of water.
(c) Shall report to the Interim Finance Committee upon the
expenditure of the money at such times and in such detail as is required
by the Interim Finance Committee.
6. The total of the special distributions made by the Interim
Finance Committee pursuant to this section must not exceed $250,000
during each biennium. Any money distributed pursuant to this section that
is not expended for the purpose for which it was distributed reverts to
the Contingency Fund at such time as is specified by the Interim Finance
Committee.
7. As used in this section, “local government” means a political
subdivision of this state, including, without limitation, a city, county,
irrigation district, water district or water conservancy district.
(Added to NRS by 1991, 2070)
