USA Statutes : nevada
Title : Title 48 - WATER
Chapter : CHAPTER 540A - REGIONAL PLANNING AND MANAGEMENT
As used in this chapter, unless the
context otherwise requires:
1. “Board” means the board of county commissioners.
2. “Commission” means the water planning commission created by NRS
540A.080 .
3. “Comprehensive plan” or “plan” means the plan developed
pursuant to NRS 540A.130 .
4. “Division” means the Division of Environmental Protection of
the State Department of Conservation and Natural Resources.
(Added to NRS by 1995, 2648; A 1997, 1342)
This chapter applies only
to counties whose population is 100,000 or more but less than 400,000.
(Added to NRS by 1995, 2648; A 1997, 656, 1342)
1. In each county to which this chapter applies, except as
otherwise provided in subsections 2 and 3, the region within which water
is to be managed, and with respect to which plans for its use are to be
made, pursuant to this chapter is the entire county except:
(a) Any land within the region defined by NRS 277.200 , the Tahoe Regional Planning Compact; and
(b) Lands located within any Indian reservation or Indian colony
which are held in trust by the United States.
2. The board may exclude from the region any land which it
determines is unsuitable for inclusion because of its remoteness from the
sources of supply managed pursuant to this chapter or because it lies
within a separate hydrologic basin neither affecting nor affected by
conditions within the remainder of the region.
3. The board may include within the region an area otherwise
excluded if it finds that the land requires alleviation of the effect of
flooding or drainage of storm waters or another benefit from planning or
management performed in the region.
(Added to NRS by 1995, 2649; A 1997, 1342)
ADMINISTRATION
Board of County Commissioners
An affirmative vote of two-thirds of the members elected to the
board is required to take action with respect to any matter governed by
this chapter.
(Added to NRS by 1995, 2649; A 1997, 1342)
The board may for the purposes of this chapter:
1. Accept grants of money.
2. Enter into contracts, including interlocal agreements,
consistent with its authority under this chapter.
3. Employ and fix the compensation of employees and professional
advisers.
4. Acquire, hold, lease and dispose of real and personal property
inside and outside the region, without limitation, by requirements
applicable to a board of county commissioners in its capacity as the
governing body of a county.
(Added to NRS by 1995, 2649; A 1997, 1342)
In addition to
adopting and revising the comprehensive plan, the board shall, upon the
recommendation of the commission:
1. Develop methods for conserving existing supplies of water which
are consistent with statutorily required plans;
2. Develop methods of collecting and treating sewage in order to
protect and conserve supplies of water;
3. Provide information to members of the public regarding present
and potential uses of water; and
4. Make recommendations concerning the management and use of water
within the region to:
(a) The governing body and the planning commission of each city in
the region;
(b) The governing board for regional planning and the regional
planning commission;
(c) The Public Utilities Commission of Nevada and the State
Engineer; and
(d) The United States of America.
(Added to NRS by 1995, 2656; A 1997, 1342)
1. To fund the planning and administration required by this
chapter and the implementation of the plan developed pursuant to NRS
540A.130 , the board may impose a fee
at a rate of not to exceed 1.5 percent of the amount otherwise billed, to
be collected by each supplier of water from its customers within the
region. The fee must be imposed by ordinance which may not be adopted as
if an emergency existed.
2. A supplier or provider shall state separately on its billings
to customers the amount charged because of any fee imposed pursuant to
subsection 1.
(Added to NRS by 1995, 2649; A 1997, 1335, 1342)
Water Planning Commission
1. A water planning commission is hereby created in each county.
Each commission must consist of nine voting members who are residents of
Nevada appointed as follows:
(a) One member appointed by the governing body of the largest city
in the county;
(b) One member appointed by the governing body of the next largest
city in the county;
(c) One member appointed by the board;
(d) One member appointed by the board to represent owners of
domestic wells;
(e) One member appointed by the governing body of a general
improvement district having the greatest number of customers for water
and sewerage in the region;
(f) One member appointed by the supplier of water having the
greatest number of customers for water in the region which is a public
utility;
(g) One member appointed by the governing body of the Indian
reservation which is largest in area in the county, if the county
contains an Indian reservation or, if there is not an Indian reservation
located within the county or the governing body of the reservation does
not appoint a member, one member appointed by the other members of the
commission to represent the public at large;
(h) One member of the public at large appointed by the governing
bodies of the two largest cities in the county by mutual agreement to
represent environmental, biological, conservation or public concerns; and
(i) One member appointed by the governing body of the irrigation
district which has the largest number of members in the region.
Ê The first members appointed in each county pursuant to paragraphs (a),
(b) and (c) shall serve initial terms of 4 years. The first members
appointed pursuant to paragraphs (d), (f) and (h) shall serve initial
terms of 3 years. The first members appointed pursuant to paragraphs (e),
(g) and (i) shall serve initial terms of 2 years.
2. After the initial terms, the term of office of each member is 3
years. A member may be reappointed. A vacancy must be filled for the
unexpired term by the appointing authority.
3. Each appointing authority shall designate an alternate, to
serve when the appointed member is temporarily not available, for the
same term.
(Added to NRS by 1995, 2649; A 1997, 1342)
In addition to the voting
members, the commission includes the following nonvoting members:
1. One member appointed by the Public Utilities Commission of
Nevada;
2. One member appointed by the Consumer’s Advocate of the Bureau
of Consumer Protection in the Office of the Attorney General;
3. One member appointed by the Administrator of the Division of
Environmental Protection of the State Department of Conservation and
Natural Resources;
4. One member appointed by the State Engineer;
5. One member appointed by the Chief of the Water Planning Section
of the Division of Water Resources of the State Department of
Conservation and Natural Resources;
6. One member appointed by the board of directors of the water
conservancy district which is largest in area which includes any part of
the region;
7. One member appointed by the county or district board of health;
8. One member of the public at large appointed by the affirmative
vote of a majority of the voting members; and
9. Additional members with expertise in an area that the majority
of the voting members determines is necessary, appointed by the
affirmative vote of a majority of the voting members.
(Added to NRS by 1995, 2650; A 1997, 1342; 2005, 2572 )
The members of the
commission appointed pursuant to NRS 540A.080 and 540A.090 may not hold any elective governmental
office but may be engaged or employed in private enterprise or be
employees of state or local government and each member must be qualified
pursuant to at least one of the following subsections:
1. A professional engineer licensed pursuant to the provisions of
chapter 625 of NRS with experience related to
comprehensive planning, natural resources or environmental protection;
2. A specialist in hydrology;
3. Experienced in law, management or planning related to water;
4. Experienced in municipal finance;
5. Experienced in construction, planning or operation of
facilities or systems for supplying or treating water, for collecting or
treating sewage, for drainage of storm water, or for control of floods; or
6. Knowledgeable in the areas of water conservation, biology,
natural systems, water quality and water management.
(Added to NRS by 1995, 2651; A 1997, 1069, 1342)
The commission shall
establish a schedule for the selection of its chairman for a term of 1
year, in rotation, from among the members appointed by the governing
bodies of the county and cities.
(Added to NRS by 1995, 2651; A 1997, 1342)
1. The commission shall meet at the call of the chairman or any
three voting members. The commission shall establish a schedule of
regular meetings and provide for the calling of a special meeting when
action is required before a regular meeting would occur.
2. A quorum consists of a majority of the voting members. The
affirmative vote of a majority of the voting members is required to take
action, unless a larger proportion is required by this chapter for a
particular action.
3. No member of the commission is entitled to compensation for his
services as a member.
(Added to NRS by 1995, 2651; A 1997, 1342)
COMPREHENSIVE REGIONAL PLAN
1. The commission shall develop, and as necessary recommend
revisions to, a comprehensive plan for the region covering the supply of
municipal and industrial water, quality of water, sanitary sewerage,
treatment of sewage, drainage of storm waters and control of floods.
2. The proposed plan must consist of written text, appropriate
maps and goals and policies to deal with current and future problems
affecting the region as a whole with respect to the subjects of the plan.
3. The plan must:
(a) Describe the problems and needs of the region relating to the
subjects of the plan;
(b) Except as otherwise provided in NRS 540A.290 , 540A.300 and 540A.310 , identify the providers of services relating
to those subjects within the region and the area within which each
provides service, including service areas for public utilities;
(c) Identify alternatives to reduce demand or increase supply;
(d) Identify existing and future sources of water needed to meet
the present or future needs of the region;
(e) Define priorities and general location for additional major
facilities needed to provide services relating to the subjects of the
plan; and
(f) Describe programs to mitigate drought, achieve conservation of
water, protect wellheads and otherwise manage water.
(Added to NRS by 1995, 2651; A 1997, 1342)
The plan must include the
following elements:
1. Quality of surface water, which must include:
(a) Compliance with standards of quality for bodies of water;
(b) Locations and capacities of plants to treat wastewater;
(c) Intended quantity and quality of discharge from those plants
and its reuse, service areas and interceptors; and
(d) Programs to attain protection from pollution by both
concentrated and diffuse sources.
2. Quality of groundwater, which must include:
(a) Compliance with standards of quality for hydrographic basins
and septic tanks;
(b) Capacities for withdrawal of water from hydrographic basins;
(c) Programs to protect wellheads;
(d) Programs to clean up contaminated groundwater for hydrographic
basins; and
(e) Programs to attain protection from pollution by both
concentrated and diffuse sources.
3. Supply of surface water, which must include:
(a) Existing and planned sources of surface water;
(b) Existing and planned uses for all surface water, including
municipal and industrial uses, requirements for return flow, reserves for
drought and future growth, uses to improve quality of water, uses to
provide habitat and uses in conjunction with underground water;
(c) Major facilities to convey and store surface water;
(d) Standards, service areas, rates of flow and reserves for
storage; and
(e) Facilities to treat surface water.
4. Supply of underground water, which must include:
(a) Existing and planned sources of underground water;
(b) Existing and planned uses for all underground water, including
municipal and industrial uses, maintenance of minimum groundwater level
and need for recharge, reserves for drought and future growth, uses to
improve quality of water, uses to provide habitat and uses in conjunction
with surface water;
(c) Major facilities to extract and convey underground water;
(d) Compliance with standards for treated and nontreated water,
services areas, rates of flow and reserves for storage; and
(e) Facilities to treat and store underground water.
5. Control of floods and drainage of storm water, as it relates to
surface water, which must include:
(a) Minimum standards of design for controlling floods in the
region;
(b) Nonstructural alternatives and standards for facilities to
control floods in the region and single drainage basins;
(c) Regional facilities to control floods; and
(d) Generalized facilities and standards of design for single
drainage basins.
6. Control of floods and drainage of storm water, as it relates to
underground water, which must include:
(a) Groundwater level and capacity for additional storage of water
underground as a means of mitigating floods;
(b) Location and capacities of major facilities for controlling
floods which utilize storage of water underground to mitigate floods; and
(c) Standards of design for devices to infiltrate storm water and
other minor facilities for controlling floods which utilize storage of
water underground to mitigate floods.
7. Cost and financing, which must include an estimate of the cost
of each major facility, source of water or other requirement of the plan
and an analysis of alternatives for financing and funding the facility,
source or other requirement, or alternatives thereto, as well as the
effect of the funding alternatives on other facilities included in the
plan. The estimate of cost must state the financial impact on persons
within the region, including, without limitation, all direct and indirect
costs of connecting to the system, if any.
(Added to NRS by 1995, 2652; A 1997, 1342)
1. The plan must be consistent with and carry out the provisions
of the comprehensive regional plan adopted by the governing board for
regional planning pursuant to NRS 278.0276 and the comprehensive plans, area plans and
master plans for the use of land which are adopted by local governmental
entities within the region.
2. The plan must be consistent with and carry out or support the
carrying out of all aspects of Public Law 101-618, 104 Stat. 3324.
3. The plan or an amendment must be consistent with the state
water plan in effect at the time that the plan is adopted.
(Added to NRS by 1995, 2653; A 1997, 1335, 1342)
In developing the proposed
plan, the commission shall:
1. Receive and consider information from public utilities and
other entities supplying municipal and industrial water within the region;
2. Receive and consider information from entities providing
sanitary sewerage, treatment of sewage, drainage of storm water and
control of floods within the region;
3. Receive and consider information from entities concerned with
quality of water within the region;
4. Review and consider the state water plan, existing water
conservation plans, each existing regional plan and master plan that has
been adopted pursuant to the provisions of chapter 278 of NRS and applies to any area in the region, and
any similar plan of a local government, and may seek and consider the
advice of each local planning commission and any other affected entity;
5. Coordinate the elements of the proposed plan and make them
consistent with each other;
6. Consider existing statutes and ordinances adopted by local
governmental entities;
7. Recognize and coordinate the needs of the incorporated areas of
the region with the unincorporated areas of the region; and
8. Receive and consider information from other interested persons.
(Added to NRS by 1995, 2653; A 1997, 1342)
1. Before submitting the proposed plan to the board, the
commission shall hold at least one public hearing on the plan within the
region.
2. Before acting on a proposed amendment to the adopted plan, the
commission shall hold at least one public hearing on the proposed
amendment at a location in the region relevant to the proposed amendment.
3. Notice of the time and place of each hearing must be given by
publication in a newspaper of general circulation in the region at least
10 days before the day of the hearing. If there is more than one
newspaper of general circulation in the region, notice must be given by
publication in at least two such newspapers.
4. The decision to submit the proposed plan or any amendment to
the adopted plan to the board must be made by resolution of the
commission carried by the affirmative votes of not fewer than two-thirds
of the total voting members of the commission. The resolution must refer
expressly to the text, maps and descriptive or other matter intended by
the commission to constitute the plan or amendment.
(Added to NRS by 1995, 2653; 1997, 1342)
1. An attested copy of the proposed plan or an amendment must be
submitted to the board.
2. Before taking any action on the proposed plan or an amendment,
the board shall convene a public hearing.
3. Notice of the hearing must be given at least 10 days before the
date of beginning the hearing. The notice must include, without
limitation:
(a) A statement of the time, place and nature of the hearing;
(b) A statement of the legal authority under which the hearing is
to be held; and
(c) A reference to the particular sections of the statutes and
regulations involved.
4. Not less than 30 days before the hearing the board shall place
a copy of the proposed plan or amendment in the office of the county
clerk and publish notice that the plan or amendment is available for
public inspection. Notice of the time and place of the hearing must be
published at least 10 days before the date of beginning the hearing. Each
notice required by this subsection must be published in a newspaper of
general circulation in the region. If there is more than one newspaper of
general circulation in the region, notice must be given by publication in
at least two such newspapers. The notice must be a display advertisement
not less than 3 inches by 5 inches in size.
(Added to NRS by 1995, 2654; A 1997, 1342)
1. The board shall not change or add to the proposed plan or an
amendment as submitted by the commission until it has submitted the
substance of the proposed change or addition to the commission in writing
with its reasons for the change or addition.
2. The commission shall, if it agrees to the change or addition,
revise the submitted plan or amendment accordingly. If the commission
does not agree, it shall report to the board in writing its reason for
disagreeing and any alternative proposal.
3. In either case, the commission shall present its revision or
report to the board within 40 days after the board’s change or amendment
is submitted to it.
4. If the commission does not agree with the proposed change or
addition and the board refuses to rescind its proposal or to accept an
alternative proposal of the commission, the commission shall revise the
originally submitted plan or amendment to incorporate the change or
addition proposed by the board.
(Added to NRS by 1995, 2654; A 1997, 1342)
1. After adoption by the board, the plan or an amendment must be
submitted for review to the regional planning commission established by
NRS 278.0262 . The regional planning
commission shall review the plan or amendment only for conformance with
the comprehensive regional plan adopted pursuant to NRS 278.0276 and the comprehensive plans and master plans
for the use of land which are adopted by local governmental entities
within the region. The regional planning commission shall review the plan
or amendment at one or more public hearings. Notice of the time and place
of a hearing must be given in accordance with NRS 278.0276 .
2. If the regional planning commission fails to make a
determination within 40 days after the submission of the plan or
amendment, the plan or amendment shall be deemed to conform to the
comprehensive regional plan.
3. If the regional planning commission determines that the plan or
amendment does not conform to the comprehensive regional plan, it shall
state its reasons why the plan or amendment does not conform. Unless an
appeal is filed pursuant to NRS 540A.210 , the commission and the board shall
respectively develop and adopt, in accordance with NRS 540A.160 to 540A.190 , inclusive, proposed revisions to the plan
or amendment, and the board shall resubmit the revised plan or amendment
to the regional planning commission.
(Added to NRS by 1995, 2655; A 1997, 1342)
1. An affected entity that disagrees with the reasons given by the
regional planning commission for its determination of conformance or
nonconformance may file an appeal with the governing board for regional
planning not later than 10 days after the determination of conformance or
nonconformance. As used in this subsection, “affected entity” means a
city within the region or a governmental entity or public utility
providing services related to the subject matter of the comprehensive
plan within the region.
2. Within 45 days after its receipt of an appeal, the governing
board shall consider the appeal and issue its decision. If the decision
of the governing board is that the plan or amendment does not conform to
the comprehensive regional plan, it shall state its reasons why the plan
does not conform. The commission and the board shall then respectively
develop and adopt, in accordance with NRS 540A.160 to 540A.190 , inclusive, proposed revisions to the plan,
and the board shall resubmit the revised plan to the regional planning
commission for review.
(Added to NRS by 1995, 2655; A 1997, 1342)
The adopted plan must be reviewed
by the commission on a schedule to be established by the board, which
must at least provide for review of the initial plan within 5 years after
its adoption and every 3 years thereafter. After each review, the
commission shall submit any proposed amendment to the board or report
that there are none.
(Added to NRS by 1995, 2655; A 1997, 1342)
1. Except as otherwise provided in subsection 2, on and after the
date the plan is finally approved, no facility intended to provide a
service relating to a subject of the comprehensive plan within the region
may be constructed, if the facility is of such a kind or size as to
affect the working of the comprehensive plan as distinct from providing
normal service to customers, unless it is included in the plan or has
been reviewed and approved as provided in subsection 3.
2. The plan may allow for the construction of facilities not
included within it in order to meet an emergency as defined in the plan.
3. A proposal to construct a facility described in subsection 1
within the region must be submitted to the commission for review and
recommendation to the board concerning its conformance with the adopted
plan. If the commission fails to make such a recommendation within 30
days after the proposal is submitted to it, the commission shall be
deemed to have made a recommendation that the proposal conforms to the
adopted plan. The board shall consider the recommendation of the
commission and approve or disapprove the proposal as conforming to the
adopted plan. Any disapproval must be accompanied by recommended actions
to be taken to make the proposal conform to the plan. The commission and
the board shall limit their review to the substance and content of the
adopted plan and shall not consider the merits or deficiencies of a
proposal in a manner other than is necessary to enable them to make a
determination concerning conformance with the adopted plan.
4. The board shall provide by ordinance for the commission or its
staff to make final decisions concerning the conformance of classes of
proposed facilities to the adopted plan. An ordinance adopted pursuant to
this section must provide an opportunity for the applicant or a
protestant to appeal from a decision of the staff or commission to the
board.
(Added to NRS by 1995, 2655; A 1997, 1342)
The
board may acquire water rights or other sources of water, within or
outside the region, for future use in accordance with the adopted
comprehensive plan. Any right or source of water belonging to a local
government or governmental agency within the region must be used in
accordance with the adopted comprehensive plan. The board may impose a
reasonable charge upon a person seeking a commitment from a public
utility to provide water, for making water from a source so acquired
available for that use.
(Added to NRS by 1995, 2656; A 1997, 1342)
REMEDIATION OF QUALITY OF WATER
1. The board shall create a district for remediation of the
quality of water if the county or district health officer or the
Administrator of the Division certifies in writing to the board that a
condition exists in an area of the region which is affecting or will
affect the quality of water that is available for municipal, industrial
or domestic use within the region.
2. Upon receipt of the certificate, the board shall proceed, in
cooperation with the health officer and the Division, to verify the
existence and extent of the condition and establish the appropriate
boundaries of the district. Money expended by the board for this purpose
may be recovered, after the district is established, from the proceeds of
bonds issued pursuant to NRS 540A.267
or from a fee or tax imposed pursuant to NRS 540A.265 .
3. The district created pursuant to this section must include:
(a) The area where the condition which requires remediation is
determined by the board to be present or for which remediation is
determined by the board to be necessary, including any area to which the
condition is expected to migrate unless remediation is carried out; and
(b) If the board determines that the condition which requires
remediation affects the quantity or quality of drinking water within the
region, the wholesale and retail service area of any provider of water
that has used or uses for any portion of its supply wells located in the
area described in paragraph (a).
(Added to NRS by 1995, 2657; A 1997, 656, 1335)
1. Before creating a district for remediation pursuant to NRS
540A.250 , the board shall prepare a
plan for remediation which must be approved by the Division.
2. The plan for remediation may include any action which is
reasonable and economically feasible in the event of the release or
threat of release of any hazardous substance into the environment which
may affect the water quality in this state. Such action may include:
(a) Monitoring, assessing and evaluating the water which may be
affected by the substance;
(b) Removing or disposing of the substance or remedying the
condition of the water in any other manner; and
(c) Taking such actions as are necessary to prevent, minimize or
mitigate damage to the affected water.
3. After the plan for remediation is approved by the Division, the
board shall determine, and may from time to time redetermine, the costs
of developing and carrying out the plan for remediation. The costs may
include all or part of:
(a) The cost of acquisition, construction, equipment or other
improvement of real and personal property in developing and carrying out
the plan for remediation;
(b) The cost of engineering and design in connection with
developing and carrying out the plan for remediation;
(c) The cost of operation, maintenance, monitoring, administration,
collection and other continuing charges in connection with developing and
carrying out the plan for remediation;
(d) Any reimbursements as provided in subsection 2 of NRS 540A.250
or NRS 540A.270 ;
(e) Principal, interest and other charges due in connection with
bonds or other borrowing incurred to pay the costs of developing and
carrying out the plan for remediation;
(f) The cost of operation, maintenance, administration and other
continuing charges in connection with carrying out the responsibilities
of the district for remediation, including the cost to notify the general
public of the plan for remediation and the activities of the district; and
(g) All other costs and expenses that the board determines are
reasonably related to the development and carrying out of the plan for
remediation or the financing thereof, or to the activities or
responsibilities of the district for remediation.
4. An owner or lessee of property within the district who did not
cause or contribute to the condition which the district was created to
remedy is not subject to criminal or civil liability, including, without
limitation, any liability for the cost of remediation or any related
damage or injury caused by the condition, except to the extent of any
unpaid assessments levied against the property.
5. No person, governmental agency or charitable organization,
whether or not otherwise exempt from assessment or taxation, except the
Federal Government, is exempt from an assessment levied pursuant to this
section.
(Added to NRS by 1995, 2657; A 1997, 656, 1336)
1. Before determining the boundaries of a district for
remediation, the board shall hold a hearing. It shall cause notice of the
hearing to be published at least once not less than 15 days before the
hearing in a display advertisement at least 3 by 5 inches in size in a
newspaper of general circulation in the county. The notice must contain a
description of the boundaries of the district by assessor’s parcel
number, or by metes and bounds or other legal description, or state that
a description of the boundaries of the district is on file at the office
of the county clerk for public examination.
2. After the hearing, the board shall make such adjustments to the
proposed boundaries of the district as appear to the board to be
necessary, but the boundaries may not be expanded to include any property
not included in the proposed boundaries of the district described in the
notice of hearing or filed with the county clerk unless another hearing
is held, after notice given by publication in the manner provided in
subsection 1. After the hearing and any adjustment to the boundaries of
the district required by this section, the board shall designate the
boundaries of the district by ordinance, which may not be adopted as if
an emergency existed.
3. The board may from time to time amend the boundaries of the
district. Any such amendment must be made by ordinance adopted after a
hearing held in the manner provided in subsection 1. Notice of that
hearing must be given by publication in the manner provided in subsection
1. The board may not amend the boundaries of the district to exclude any
property if bonds have been issued or other financial obligations
incurred for the district until those bonds or other financial
obligations have been paid in full.
4. The territory of the district established pursuant to
subsection 2 and, if applicable, expanded pursuant to subsection 3 need
not be contiguous.
(Added to NRS by 1997, 1332)
1. The board, by ordinance, which may not be adopted as if an
emergency existed, may determine and from time to time redetermine the
amount of an annual fee, to recover the costs of developing and carrying
out the plan for remediation, to be imposed on the properties in the
district for remediation. In making the determination, the board may
apportion the fee on the basis of improved square footage, zoning,
current or previous land use, area or any other factor determined
relevant and equitable by the board. If the condition requiring
remediation affects the quality or quantity of drinking water within the
region, the fee must:
(a) Be based upon a percentage of the total amount billed in the
preceding calendar year to each parcel or property within the district
for water by the provider of retail water service to the parcel or
property;
(b) Be weighted and adjusted between parcels or properties within
the district, if applicable, to reflect varying levels of effect of the
contamination, varying levels of value resulting from remediation or
other factors deemed relevant by the board;
(c) For any parcel or property for which the fee is weighted or
adjusted, not be less than one-half or more than twice the percentage
established pursuant to paragraph (a); and
(d) For parcels or properties within the district where retail
water service is not provided or for which a full calendar year’s billing
is unavailable, be based upon an estimated billing taking into account a
partial year’s billing extended to 12 months or an average of fees for
parcels or properties with comparable zoning or uses.
2. A fee imposed pursuant to subsection 1 must be collected by the
county treasurer with the general taxes of the county, and the payment
therefor must be enforced in the same manner and with same remedies as
are provided for the collection of general taxes.
3. If so requested by the county, all persons who sell water at
wholesale or retail within the district shall furnish to the county,
within 3 months after a request or at a later time specified by the
board, a list identifying by assessor’s parcel number each property for
use on which water was sold and the amount billed with respect to each
parcel for water during the year designated by the board. No charge may
be made to the county for furnishing the list.
4. In lieu of the fee authorized by subsection 1, the board may
constitute the district for remediation as a special taxing district and
impose a general ad valorem tax on all taxable property in the district
at a rate sufficient to pay the costs of developing and carrying out the
plan for remediation. The board is the governing body of any special
taxing district established pursuant to this subsection. The budget of
any such special taxing district must be included as part of the budget
of the county and its meetings must be held as part of the meetings of
the board. Any tax imposed pursuant to this subsection is exempt from the
limitations on taxes ad valorem stated in chapter 354 of NRS. No portion of any tax imposed pursuant to
this subsection may be allocated to any redevelopment area or tax
increment area whose boundaries overlap in whole or in part the district
for remediation.
(Added to NRS by 1997, 1333)
1. The board may issue bonds and otherwise borrow money in
anticipation of the fees or taxes, or any combination thereof, collected
pursuant to NRS 540A.265 to pay the
costs of developing and carrying out the plan for remediation, including
any of the costs mentioned in subsection 3 of NRS 540A.260 .
2. The board may issue those bonds as, or may borrow money
evidenced by, special obligations of the county secured solely by those
fees or taxes, or any combination thereof, or general obligations of the
county, whose payment is additionally secured by those fees or taxes, or
any combination thereof.
3. The taxes or fees that are pledged as additional security for
those general obligations are pledged revenues for the purposes of
subsection 3 of NRS 350.020 .
(Added to NRS by 1997, 1334)
1. Chapters 332 and 338 of NRS do not apply to a contract made by a person
to accomplish the purposes of NRS 540A.250 to 540A.285 , inclusive, or to a contract made by the
county to carry out the plan for remediation with any provider of water
service to the district for remediation.
2. The county need not own the property on which any remediation
equipment or improvements are located or used, or acquire ownership of
any remediation equipment or improvements whose cost is paid from money
of the county, including proceeds of bonds issued pursuant to NRS
540A.267 , if the board determines
there are adequate contractual safeguards to ensure that the equipment or
improvements are used to further the plan for remediation.
(Added to NRS by 1997, 1334)
1. The board may reimburse a person, governmental agency or public
utility for any expenses incurred in identifying, studying and remedying,
or attempting in good faith to remedy, the condition before the district
is created, or thereafter for costs and expenses that are in conformity
with and further the plan for remediation or operation of the district.
No reimbursement may be allowed for any expense that any person incurs in
connection with disturbing the ground for the construction or improvement
of property in the district unless the board determines that the cost or
expense is in furtherance of the plan for remediation and is a cost or
expense which would have been cost-effective and beneficial to incur to
further the plan for remediation.
2. The board may establish criteria for the reimbursement of a
person, governmental agency or public utility for expenses pursuant to
subsection 1. The criteria must include adequate safeguards so that costs
reimbursed include only the actual costs of the activities undertaken as
provided in this section. No reimbursement may be provided for any cost
incurred after the creation of the district unless before the cost is
incurred by the person or entity seeking reimbursement, the amount is
approved by the board and the board determines that the cost is in
furtherance of the plan for remediation. The board may establish criteria
with respect to the amount of reimbursement for particular activities and
with respect to the process to be followed in establishing reasonable
costs for reimbursement, including, at the board’s discretion, any
requirement for bidding on any construction or any acquisition of
equipment.
3. The reimbursement may be made only if money is available from
the proceeds of bonds issued or from fees or taxes imposed pursuant to
NRS 540A.250 to 540A.285 , inclusive, which are not otherwise required
to be expended for other purposes. Those sections do not constitute a
requirement that the county make any reimbursements.
(Added to NRS by 1995, 2658; A 1997, 1338)
1. If, during an investigation to establish the boundary of a
district for remediation, development of a plan for remediation or the
carrying out of the plan, the board acquires evidence that a person has
caused or contributed to the condition requiring remediation, the board
shall provide this evidence to the Division for appropriate action. In
addition to any other action authorized by statute, the Department may by
legal action recover from the person responsible the costs of remediation
incurred by the county or district. Any monetary recovery from the person
responsible, excluding any money recovered as a penalty, must be
distributed and applied in the following order of priority:
(a) To the Department to pay the costs of recovery and to offset
the costs of remediation incurred by the Department; and
(b) To the board to offset the costs of remediation incurred by the
county or district.
2. Any recovery distributed to the board must be used to reduce
the fee or tax or to defray any increase in the fee or tax that would
otherwise be charged against the parcels or properties within the
district, as determined by the board.
3. As used in this section, “Department” means the State
Department of Conservation and Natural Resources.
(Added to NRS by 1995, 2658; A 1997, 1338)
1. A determination by the board pursuant to NRS 540A.250 to 540A.285 , inclusive, including a determination of the
boundaries of a district for remediation or any expansion thereof,
determination of the costs of developing or carrying out a plan for
remediation, determination of the apportionment of the fee to recover
those costs pursuant to NRS 540A.265 ,
determination of the amount of any fee or tax pursuant to NRS 540A.265
, determination as to guidelines for
the provision of any reimbursement of the cost of remediation pursuant to
NRS 540A.270 , determination of the
amount of any reimbursements and any determinations made in connection
with the issuance of bonds pursuant to NRS 540A.267 , is conclusive and incontestable in the
absence of fraud or gross abuse of discretion.
2. A property owner or other person who is aggrieved by a
determination of the board pursuant to NRS 540A.250 to 540A.285 , inclusive, may seek review of the
determination in the district court in and for the county within 15 days
after the board makes the determination. Such a review may not be sought
after the expiration of that period. If, in such an appeal, the court
finds that the determination was a result of fraud or gross abuse of
discretion, it shall remand the matter to the board for a new
determination. If the court does not find the determination was a result
of fraud or gross abuse of discretion, it shall uphold the action of the
board.
(Added to NRS by 1997, 1334)
SUPPLYING OF WATER
The board of county commissioners may sell or lease, to the
largest supplier of water within the region which is a public utility, at
a negotiated price, any property or facility used by the county to supply
water within the region, or contract for the operation or management of
the property or facility by the public utility.
(Added to NRS by 1995, 2658)
1. The board of county commissioners and the largest supplier of
water within the region which is a public utility shall enter into an
agreement which defines the respective areas within the region where the
public utility and all systems for the supply of water which are
controlled or operated by the board will provide retail water services.
The agreement must resolve all issues related to service territories of
the public utility and all systems for the supply of water which are
controlled or operated by the board. An agreement executed pursuant to
this subsection does not become effective until the Public Utilities
Commission of Nevada approves the terms of the agreement.
2. The agreement entered into pursuant to subsection 1 governs the
provision of retail water services by the public utility and the board,
unless the agreement is amended by the mutual agreement of the board and
the public utility.
3. The public utility must comply with any applicable regulations
of the Public Utilities Commission of Nevada when providing water
services within the region.
4. The public utility may withhold from the board at any time
before an agreement is finalized pursuant to subsection 1 any information
which is confidential, proprietary or which may cause a competitive
disadvantage to the public utility if the information is disseminated.
(Added to NRS by 1995, 2658; A 1997, 2012)
1. The largest supplier of water within the region which is a
public utility shall provide wholesale water services in a manner
consistent with its water resource plan as approved by the Public
Utilities Commission of Nevada.
2. The largest supplier of water within the region which is a
public utility shall provide all wholesale water services to any system
of water supply operated or controlled by the board of county
commissioners from water resources recognized in its water resource plan
as approved by the Public Utilities Commission of Nevada, except to the
extent that:
(a) There is an existing system or a system under construction for
the provision of wholesale water services;
(b) The public utility enters into an agreement with the board on
or before June 15, 1995;
(c) A subdivision map has been approved on or before June 15, 1995,
in an unincorporated area of the region; or
(d) The public utility and the board agree that it is more
economical for the board to provide such services.
(Added to NRS by 1995, 2659; A 1995, 2659; 1997, 656, 2012)
