USA Statutes : nevada
Title : Title 48 - WATER
Chapter : CHAPTER 543 - CONTROL OF FLOODS
As used in NRS 543.010 to 543.150 ,
inclusive, “Director” means the Director of the State Department of
Conservation and Natural Resources.
(Added to NRS by 1960, 56)
It is hereby declared to be
the policy of the State of Nevada to cooperate with the United States and
its departments and agencies, and with the counties, cities and public
districts of the State, in preventing loss of life and property,
disruption of commerce, interruption of transportation and communication
and waste of water resulting from floods, and in furthering the
conservation, development, utilization and disposal of water.
(Added to NRS by 1960, 56)
Participation in Projects for Control of Floods With United States
The Director is
hereby authorized to give all assurances and perform any other acts
required by the Secretary of the Army and the Congress of the United
States in connection with flood control projects in the State of Nevada,
when and as directed by acts of the Legislature of the State of Nevada.
(Added to NRS by 1959, 165)
The Flood Control Account is hereby created in the State
General Fund. Money in the Flood Control Account does not lapse at the
end of any fiscal year.
(Added to NRS by 1959, 165; A 1979, 116; 1991, 1786)
The Director shall use the money in the Flood Control
Account to pay all necessary costs in order to carry out the assurances
and to perform the acts provided for in NRS 543.030 . Reimbursements to the Account must be in the
manner described in NRS 543.060 .
(Added to NRS by 1959, 165; A 1979, 116; 1991, 1787)
1. The Director shall determine which counties, cities and public
districts benefit by the project, and whether the State is benefited by
the project, and to what extent there is benefit to the subdivisions, and
reimbursement to the Flood Control Account must be made in proportion to
the benefit received.
2. If any portion of the Flood Control Account is used for
maintenance of any of those flood control projects, the Flood Control
Account must be fully reimbursed for cost of the maintenance by the
State, counties, cities and public districts benefited by the project.
3. The Director shall determine the period for repayment of the
initial nonfederal charges as provided for under subsection 1, which
period may not be more than 5 years after completion of the project for
which money has been authorized.
4. The Director, after having determined the benefits as set forth
in subsection 1, shall, between the first Monday of October and the first
Monday of December of each year, prepare a budget showing the amount of
money estimated to be necessary to repay the initial capital outlay,
which initial capital outlay is to be assessed in equal annual
installments, and any estimated maintenance cost for the then current
year, and submit the budget to the board of county commissioners. When
the flood control project lies in more than one county, separate budgets
must be prepared for each county.
(Added to NRS by 1959, 165; A 1979, 116; 1991, 1787)
1. Upon receipt of such budget by the board of county
commissioners, the board of county commissioners shall certify the
respective charges contained therein to the county assessor. The county
assessor shall enter the amount of such charge or charges on the
assessment roll against the beneficiaries.
2. The proper officers of the county shall collect such special
tax as other special taxes are collected, and such charge shall be a lien
upon the property so served, and shall be collected in the same manner as
other taxes are collected.
(Added to NRS by 1959, 165)
1. The taxes and charges provided for in NRS 543.070 , when collected, must be deposited with the
State Treasurer for credit to the Flood Control Account.
2. All bills against the Account must be certified by the Director
and, when certified and approved by the State Board of Examiners, the
State Controller is authorized to draw his warrant against the Flood
Control Account.
(Added to NRS by 1959, 166; A 1979, 117; 1991, 1787)
Loans From Flood Control Account
1. Whenever the Secretary of Agriculture or the Secretary of the
Army has approved or may approve a work of improvement or a flood control
project in the State of Nevada, and the Congress of the United States has
appropriated or may appropriate money for such work or project, and a
county, city or public district, or a combination thereof, has given or
is in a position to give the assurances required by the Watershed
Protection and Flood Prevention Act, Public Law 566, 83rd Congress, 68
Stat. 666, as amended, or the Flood Control Act of 1954, Public Law 780,
83rd Congress, 68 Stat. 1256, as amended, and such county, city or public
district is in need of immediate financial assistance for planning,
engineering, administration, acquisition of easements and rights-of-way
or other costs, such county, city or public district may apply to the
Director for such assistance in the manner provided in NRS 543.090 to 543.140 ,
inclusive.
2. A city, county or public district may apply to the Director for
financial assistance pursuant to NRS 543.090 to 543.140 ,
inclusive, for the payment of the cost of surveying along a river when
such surveying potentially but not necessarily will culminate in or
assist a flood control project.
(Added to NRS by 1960, 56; A 1973, 772)
Upon a petition from a county, city or public district to the Director,
in a form prescribed by the Director, requesting financial assistance to
aid in paying the costs of planning, engineering, administration,
acquisition of easements and rights-of-way and other proper expenses
connected with a flood control project, or in paying costs for a riparian
survey, the Director may, following study and approval of the proposed
project or survey, and subject to the approval of the Governor and the
State Board of Finance, loan money from the Flood Control Account in the
manner provided in NRS 543.090 to
543.140 , inclusive.
(Added to NRS by 1960, 56; A 1973, 773; 1979, 117; 1991, 1787)
1. Each petition to the Director must describe the proposed flood
control project or riparian survey, state the amount of money requested,
and designate the areas to be assessed to reimburse the Flood Control
Account.
2. The Director shall determine the period to be allowed for
repayment of the money loaned, which period may not be longer than 5
years from the date of the loan.
3. The Director shall, between the first Monday of October and the
first Monday of December of each year following the date of any loan,
prepare a budget based on repayment of the loan in equal annual
installments showing the amount of money to be repaid in the next
succeeding fiscal year, and shall submit the budget to the board of
county commissioners of the county in which the project or survey is
located. If the project or survey is located in more than one county,
separate budgets must be prepared for each county.
(Added to NRS by 1960, 56; A 1973, 773; 1979, 117; 1991, 1787)
1. Upon receipt of a budget from the Director, the board of county
commissioners shall certify the charge or charges contained therein to
the county assessor. The county assessor shall enter such charge or
charges on the assessment roll against the property benefited.
2. The appropriate officers of the county shall collect such
charges in the same manner as special taxes are collected. Such charge
shall be a lien upon the property so assessed, which shall be enforced in
the same manner as other property tax liens are enforced.
(Added to NRS by 1960, 56)
1. The receipts of the charges provided for in NRS 543.120 , when collected, must be deposited, in the
same manner as receipts of special taxes are deposited, with the State
Treasurer for credit to the Flood Control Account.
2. All claims against the Account must be certified by the
Director, and when they have been certified and approved by the State
Board of Examiners, the State Controller shall draw his warrant against
the Flood Control Account.
(Added to NRS by 1960, 57; A 1979, 117; 1991, 1788)
Loans may be made pursuant to
NRS 543.090 to 543.140 , inclusive, from time to time for each
proposed flood control project at the discretion of the Director and
within the limits of money available in the Flood Control Account.
(Added to NRS by 1960, 57; A 1979, 117; 1991, 1788)
Loans for Emergency Repair of Damage From Floods
1. The Legislature finds and declares that the people of this
State have a paramount interest in the maximum use of all the water of
the State and in efficient and effective water distribution to the public
by governmental subdivisions, thus ensuring the public’s health and
safety.
2. Whenever the system for the distribution of water of a
governmental subdivision of this State has been damaged by flood or other
act of God, resulting in an emergency condition of a shortage of water
for public use, the governing body of the governmental subdivision may
make application to the Director for a loan to assist in repairing the
damage. The application must be made in the manner and form prescribed by
the Director. The Director shall transmit the application to the Bureau
of Environmental Health of the Health Division of the Department of
Health and Human Services requesting an investigation and survey of the
damage, and a report thereon. If the report of the Bureau of
Environmental Health of the Health Division finds that the damage has
resulted in a lack of service and a threat to public health because of
the emergency resulting from a shortage of water, the Director may loan
money from an appropriate account of the Department of Conservation and
Natural Resources in the State General Fund to repair the damage or to
reimburse the governmental subdivision for money expended by it to repair
the damage. The Director shall determine the period to be allowed for
repayment of the money, not to exceed 20 years after the date of the
loan. He shall also determine the schedule of repayment of the loans. All
money received by the Director as repayments of loans must be deposited
in the account from which it was lent.
(Added to NRS by 1961, 447; A 1963, 573; 1973, 1406; 1985, 721)
DISTRICTS FOR CONTROL OF FLOODS
General Provisions
The Legislature finds and
declares that:
1. Facilities to alleviate flooding in any district, whether
located in a city, an unincorporated town or another unincorporated area
of the county, benefit all the residents and owners of property in the
district.
2. These facilities provide protection for life and property
throughout the district, and usually require planning and development
throughout a drainage basin.
(Added to NRS by 1961, 427; A 1985, 1190)
As used in NRS 543.170 to 543.830 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 543.181 to 543.188
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1961, 427; A 1975, 749; 1985, 1191; 1987, 431,
720; 2001, 892 )
“Acquisition”
includes extension, alteration, reconstruction, repair or other
improvement by purchase, construction, installation, reconstruction,
condemnation, lease, rent, gift, grant, bequest, devise, contract or
other means, or any combination thereof. “Acquire” has a correspondingly
extensive meaning.
(Added to NRS by 1985, 1189)
“Board” means the board of directors
of a district.
(Added to NRS by 1985, 1189)
“District” means any district for
the control of floods organized or, in the case of organizational
provisions, proposed to be organized, pursuant to NRS 543.170 to 543.830 ,
inclusive.
(Added to NRS by 1985, 1189; A 1987, 720)
“Hydrographic area”
means the drainage basin of a stream and its tributaries as described in
the master plan.
(Added to NRS by 1985, 1189; A 1989, 1523)
“Master plan” means the
master plan for control of floods.
(Added to NRS by 1987, 429)
“Project” and
“improvement” each means any structure, facility, undertaking or system
which a district is authorized to acquire, improve, equip, maintain or
operate.
(Added to NRS by 1985, 1189)
“Taxpaying elector”
means a person who is qualified to vote at general elections in this
state, whether or not registered to vote or a resident in the district,
and who, or whose spouse, is obligated as an owner or as a contract
purchaser at a designated time or event to pay a general tax on real
property within the district.
(Added to NRS by 1985, 1189)
To compute any period prescribed
in NRS 543.170 to 543.830 , inclusive, the day of the first publication,
or other designated time, must be excluded and the day of the last
publication, or other designated action or time, must be included.
(Added to NRS by 1961, 428; A 1987, 720)
When notice is required to be
given by publication pursuant to NRS 543.170 to 543.830 ,
inclusive, publication must be made at least once each week for 3
consecutive weeks in at least one newspaper of general circulation in the
district. It is not necessary that publication be made on the same day of
the week in each of the 3 calendar weeks, but the first publication must
be at least 15 days before the designated time or event.
(Added to NRS by 1985, 1189; A 1987, 720)
In any case where a
notice is provided for in NRS 543.170
to 543.830 , inclusive, if the court
finds for any reason that due notice was not given, the court does not
thereby lose jurisdiction, and the proceeding in question is not void or
abated. The court shall order notice to be given and shall continue the
hearing until such time as notice is properly given, and thereupon shall
proceed as though notice had been properly given in the first instance.
(Added to NRS by 1961, 428; A 1987, 720)
170 to 543.830 ,
inclusive. NRS 543.170 to 543.830
, inclusive, without reference to other
statutes of the state, except as specifically provided in NRS 543.170
to 543.830 , inclusive, constitute full authority for the
authorization and issuance of bonds pursuant to NRS 543.170 to 543.830 ,
inclusive. No other law with regard to the authorization or issuance of
bonds that provides for an election, requires an approval, or in any way
impedes or restricts the carrying out of the acts authorized by NRS
543.170 to 543.830 , inclusive, to be done applies to any
proceedings taken under NRS 543.170 to
543.830 , inclusive, or acts done
pursuant thereto, it being intended that NRS 543.170 to 543.830 ,
inclusive, provide a separate method of accomplishing their objectives,
and not an exclusive one, and NRS 543.170 to 543.830 ,
inclusive, does not repeal or amend any such other law.
(Added to NRS by 1961, 428; A 1987, 720)
NRS 543.170 to 543.830 ,
inclusive, being necessary to secure the public health, safety,
convenience and welfare, must be liberally construed to effect their
purposes.
(Added to NRS by 1961, 429; A 1987, 721)
Organization of Districts
1. In any county whose population is 400,000 or more, the entire
county constitutes the district.
2. In any other county a district may:
(a) Consist of one contiguous area or of two or more noncontiguous
areas.
(b) Include all or part of municipal corporations and other
political subdivisions.
(Added to NRS by 1961, 429; A 1985, 1192; 1989, 1931)
1. In any county whose population is less than 400,000 the board
of county commissioners may create districts.
2. No member of a board of county commissioners or board of
directors is disqualified to perform any duty imposed by NRS 543.170
to 543.830 , inclusive, by reason of ownership of property
within any proposed district.
3. A district so created may include territory within another such
county, with the consent of the board of county commissioners of the
other county.
(Added to NRS by 1961, 429; A 1969, 1545; 1975, 749; 1985, 1192;
1987, 721; 1989, 1931)
1. The organization of a district must be initiated by the
adoption of an ordinance by the board of county commissioners, which
ordinance is in NRS 543.170 to 543.830
, inclusive, sometimes designated the
“initiating ordinance.”
2. The initiating ordinance must set forth:
(a) The name of the proposed district, consisting of a chosen name
preceding the words “District for the Control of Floods.”
(b) A statement of the necessity for the district and the general
purposes for which the district is proposed to be created.
(c) A statement that improvements of the district will not
interfere with or affect vested water rights.
(d) A general description of the boundaries of the district or the
territory to be included therein, with such certainty as to enable a
property owner to determine whether his property is within the district.
(e) The place and time for the hearing on the creation of the
district.
(Added to NRS by 1961, 429; A 1987, 721)
After such
initiating ordinance has been adopted by the board of county
commissioners, the county clerk shall give notice by publication of the
intention of the board of county commissioners to establish such
district, which notice shall set forth the name, statement of purposes,
general description and time and place of hearing.
(Added to NRS by 1961, 429)
1. Any taxpaying elector within the district may, on or before the
date fixed, protest against the establishment of such district, in
writing, which protest must be filed with the county clerk.
2. If, at or before the time fixed in the initiating ordinance and
notice, written protest is filed, signed by 51 percent or more of the
taxpaying electors within the proposed district, the district must not be
established.
3. If any written protests are filed and the board of county
commissioners determines that the protests so filed represent less than
51 percent of the taxpaying electors in the district, the board of county
commissioners may proceed with the creation of the district. If the board
of county commissioners does so proceed, the ordinance of the board of
county commissioners creating the district, for which provision is made
in NRS 543.170 to 543.830 , inclusive, must contain a recital as to the
percentage of protest and that recital is binding and conclusive for all
purposes.
(Added to NRS by 1961, 429; A 1987, 721)
1. At the place, date and hour specified for the hearing in the
notice or at any subsequent time to which the hearing may be adjourned,
the board of county commissioners shall give full consideration to all
protests which may have been filed and shall hear all persons desiring to
be heard and shall thereafter adopt an ordinance either creating the
district or determining that it shall not be created.
2. Any ordinance creating a district may contain such changes as
may be considered by the board of county commissioners to be equitable
and necessary.
(Added to NRS by 1961, 430)
1. Except as otherwise provided in subsection 2, the adoption of
the ordinance creating the district shall finally and conclusively
establish the regular organization of the district against all persons,
which district shall thenceforth be a governmental subdivision of the
State of Nevada, a body corporate and politic and a quasi-municipal
corporation.
2. Within 30 days immediately following the effective date of such
ordinance any person who has filed a written protest, as provided in NRS
543.280 , shall have the right to
commence an action in any court of competent jurisdiction to set aside
such determination. Thereafter all actions or suits attacking the
regularity, validity and correctness of that ordinance and all
proceedings, determinations and instruments taken, adopted or made prior
to such ordinance’s final passage shall be perpetually barred.
3. Within 30 days after the effective date of the ordinance
creating the district, the county clerk shall:
(a) File a copy of the ordinance in his office and shall cause to
be filed an additional copy of the ordinance in the office of the
Secretary of State, which filings shall be without fee and be otherwise
in the same manner as articles of incorporation are required to be filed
under chapter 78 of NRS.
(b) File with the county recorder a map showing the boundaries of
the district.
(Added to NRS by 1961, 430)
Necessary costs
incurred in connection with the organization of the district may be paid
by the board of county commissioners from any available funds or may be
advanced by the board of county commissioners. Reimbursement for advances
shall subsequently be made by the district.
(Added to NRS by 1961, 430)
Board of Directors: Powers and Duties
1. Except as otherwise provided in subsection 2, the district is
governed by a board of directors consisting of the members of the board
of county commissioners of the county.
2. If the district coincides with a county in which a regional
transportation commission has been created pursuant to chapter 373 of NRS, unless the county has a population of
100,000 or more but less than 400,000, the members of that commission
constitute the board of directors of the district.
(Added to NRS by 1961, 431; A 1985, 1192; 1995, 2662)
1. The board shall meet in July of each year to organize and
choose one of its members as chairman of the board and president of the
district, and elect a secretary of the board and of the district, who may
or may not be a member of the board.
2. The county treasurer is the treasurer of the board and of the
district.
3. The secretary shall keep audio recordings or transcripts of all
meetings and, in a well-bound book, a record of all of the board’s
proceedings, minutes of all meetings, certificates, contracts, bonds
given by employees, and all corporate acts, which, except as otherwise
provided in NRS 241.035 , must be open
to inspection by all owners of real property in the district as well as
other interested persons.
4. The treasurer shall keep strict and accurate accounts of all
money received by and disbursed for and on behalf of the district in
permanent records.
5. No member of the board may receive compensation for his
services, but members may be reimbursed for their necessary expenses in
attending district meetings and for necessary expenses incurred in
traveling within and without the State when required to carry out the
affairs of the district.
(Added to NRS by 1961, 431; A 1985, 1192; 2005, 1415 )
1. In addition to the requirements of NRS 543.330 , the board may meet at such time or times and
at such regular meeting place within the district as it determines by
resolution.
2. Special meetings may be held on notice to each member of the
board as often as, and at such place or places within the district as,
the needs of the district require.
3. A majority of the members of the board constitutes a quorum at
any meeting.
4. The board shall adopt written policies and procedures for
administering the district and for operating and maintaining its projects
and improvements.
(Added to NRS by 1961, 431; A 1985, 1193)
1. Each district shall establish a citizens’ advisory committee to
be composed of representatives of the general public. The committee must
consist of one member appointed by the county and each city all or part
of whose territory is included in the district, and one member appointed
by each member of the board. The board shall determine the terms of the
members.
2. The members of the committee shall elect a chairman and a vice
chairman. The committee may adopt rules for its own management.
3. The committee may meet as often as necessary to advise the
board.
4. The committee shall represent the public interest and advise
the board on matters related to the master plan and such other matters as
the board directs.
(Added to NRS by 1987, 429)
The board may:
1. By the affirmative vote of two-thirds of the members voting on
the matter, acquire, construct, improve, extend, maintain and operate:
(a) Projects and improvements for the control of flood and storm
waters of the district and the flood and storm waters of streams which
have their sources outside of the district but flow into the district.
Except as otherwise provided in subsection 7, such a project or
improvement must not be acquired unless it is included in the master plan.
(b) Projects which mitigate the adverse effect of the acquired
projects.
(c) Projects which are required as a result of the proposed
alteration or diversion of a natural watercourse identified in the master
plan for the control of drainage.
Ê A project or improvement must not be acquired unless it is first
approved by an agreement among the board, each county in whose
unincorporated area any part of the project or improvement is located and
each city in which any part of the project or improvement is located. The
agreement must contain an estimate of the cost of the project or
improvement and show its relation to the master plan.
2. Conserve such waters for beneficial and useful purposes by
spreading, storing, retaining and causing them to percolate into the soil
within or without the district.
3. Save and conserve in any manner all or any of such waters and
protect from floods or storm waters the watercourses, watersheds, public
highways, life and property in the district.
4. Prevent waste of water or diminution of the water supply in, or
the exportation of water from, the district.
5. Obtain, retain and reclaim drainage, storm, flood and other
waters for beneficial use of the district.
6. Upon approval of an amendment to the district’s master plan
pursuant to NRS 543.5975 , expend or
provide money:
(a) To make public property or private property, or both,
impervious or resistant to damage from floods.
(b) To relocate public or private structures, or both, which are
located in an area that is susceptible to flooding.
7. Expend or provide money for the acquisition of a local project
or improvement for the control of drainage which is not included in the
master plan if the district’s chief engineer determines that:
(a) The governmental entity requesting the project or improvement
has established:
(1) A procedure to allow persons within its jurisdiction to
file complaints concerning the program for controlling floods within its
jurisdiction;
(2) A master plan for its local drainage system which
identifies the project or improvement; and
(3) Guidelines for implementing drainage projects and
improvements within its jurisdiction; and
(b) The local project or improvement is a necessary appurtenance to
collect and deliver flows to allow a project or improvement that is
included in the district’s master plan to function in the manner intended.
Ê If the local project or improvement is one-quarter mile or more from a
regional facility, the district may not contribute more than 50 percent
of the cost of the project or improvement. The district may appropriate
not more than 3 percent of its revenues in any fiscal year to projects
approved pursuant to this subsection. Money that is provided pursuant to
this subsection but not expended in a fiscal year may be expended in the
following fiscal year.
(Added to NRS by 1961, 431; A 1985, 1193; 1989, 1523; 1991, 1371;
1993, 834; 2001, 892 )
A
project may consist of any kind of personal or real property or any
estate, interest or right in property, singly or in any combination.
(Added to NRS by 1985, 1189)
The board may
enhance any project of the district by providing recreational facilities,
landscaping and similar amenities in order to increase the usefulness of
the project to the community, provide aesthetic compatibility with the
surrounding community and mitigate the adverse effect of the project on
the environment.
(Added to NRS by 1985, 1190)
Any improvement pursuant to NRS 543.170 to 543.830 ,
inclusive, may be located, constructed and maintained in, along or across
any public road or highway in the district in a manner that affords
security for life and property. The board shall restore or cause to be
restored the road or highway to its former condition as nearly as may be,
in order not to impair its usefulness.
(Added to NRS by 1985, 1190; A 1987, 722)
Subject to the
limitations of NRS 543.170 to 543.830
, inclusive, the board has perpetual
existence.
(Added to NRS by 1961, 431; A 1987, 722)
The board shall have the power to
have and use a corporate seal.
(Added to NRS by 1961, 432)
The board shall have
the power to sue and be sued, and be a party to suits, actions and
proceedings.
(Added to NRS by 1961, 432)
The board may take by grant, purchase, gift, devise or lease, or
otherwise, and hold, use, enjoy and lease, or dispose of real or personal
property of every kind within or without the district necessary or proper
to carry out any of the purposes of NRS 543.170 to 543.830 ,
inclusive, and to complete, extend, add to, repair or otherwise improve
any works or improvements or any property acquired by the district as
authorized by NRS 543.170 to 543.830
, inclusive.
(Added to NRS by 1961, 432; A 1987, 722)
The board may:
1. Store floodwater in surface or underground reservoirs within or
without the district for the common benefit of the district.
2. Conserve and reclaim floodwaters for present and future use
within the district.
3. Subject to the limitations contained in NRS 543.170 to 543.830 ,
inclusive, to appropriate and acquire water and water rights, and import
water into the district and conserve it within or without the district
for any useful flood control purpose.
4. Commence, maintain, intervene in and compromise, in the name of
the district or otherwise, and assume the costs and expenses of any
action or proceeding involving or affecting ownership or use of water or
water rights within the district used or useful for any purpose of the
district.
5. Commence, maintain, intervene in, determine, compromise, and
assume the costs and expenses of any action or proceeding involving the
wasteful use of water in the district.
6. Prevent unlawful exportation of water from the district.
7. Prevent contamination and pollution of the surface or
subsurface waters used in the district.
8. Commence, maintain and defend actions and proceedings to
prevent interference with waters used in the district as may endanger and
damage the inhabitants, lands or use of water in the district. The board
shall not intervene or take part in, or pay the costs and expenses of,
actions or proceedings between the owners of lands or water rights within
the boundaries of the district which do not involve taking water outside
or away from the district.
(Added to NRS by 1961, 432; A 1987, 722)
Subject to the limitations contained
in NRS 543.170 to 543.830 , inclusive, the board may exercise the right
of eminent domain within and without the district, in the manner provided
by law for the condemnation of property for public use or for taking any
property necessary to carry out the purposes of NRS 543.170 to 543.830 ,
inclusive.
(Added to NRS by 1961, 432; A 1975, 750; 1987, 723)
Any water acquired by the district shall be used only in
replenishing the water basin of the area contained in the district.
(Added to NRS by 1961, 432)
1. It is hereby declared that the use of the property, lands,
rights-of-way, easements or materials which may be condemned, taken or
appropriated under the provisions of NRS 543.170 to 543.830 ,
inclusive, is a public use subject to the regulation and control of the
State in the manner prescribed by law.
2. The provisions of NRS 543.170
to 543.830 , inclusive, do not authorize
any district or person to divert the waters of any river, creek, stream,
irrigation system, canal or ditch from its channel to the detriment of
any person having any interest in that river, creek, stream, irrigation
system, canal or ditch or the waters thereof or therein, unless previous
compensation is first ascertained and paid therefor under the laws of
this state authorizing the taking of private property for public use.
(Added to NRS by 1961, 432; A 1987, 723)
The board may:
1. Enter upon any land to make surveys and locate the necessary
improvements and the lines for channels, conduits, canals, pipelines,
basins for retention or detention of water, roadways and other
rights-of-way.
2. Acquire, by purchase, lease, contract, condemnation or other
legal means, all lands and water and water rights and other property
necessary or convenient for the construction, use, supply, maintenance,
repair and improvement of those works, including works constructed or
being constructed by private owners, lands for basins for retention or
detention of water, and all necessary appurtenances.
3. Enter into agreements with and do any acts necessary or proper
for the performance of any agreements with the United States, or any
state, county, district of any kind, public or private corporation,
association, firm or other person for the joint acquisition,
construction, leasing, ownership, disposition, use, management,
maintenance or repair or operation of any rights, works or other property
of any kind which might be lawfully acquired or owned by the district.
4. Acquire the right to retain or detain water in any basin, or
carry water through any canal, ditch or conduit not owned or controlled
by the district.
5. Grant to any owner or lessee the right to use any facility of
the district.
6. Enter into and do any act necessary or proper for the
performance of any agreement of the district of any kind with a person or
a governmental organization, or the transfer or delivery of any water,
water right or water supply stored, appropriated or otherwise acquired or
stored for the use of the district, or for the purpose of exchanging it
for any other water, water rights or water supply to be delivered to the
district.
7. Cooperate with and act in conjunction with the State of Nevada,
or any of its engineers, officers, boards, commissions, departments or
agencies, or with the United States Government or any of its engineers,
officers, boards, commissions, departments or agencies, or with any
public or private corporation in the construction of any work for the
controlling of floodwaters of the district, or for the protection of life
or property therein, or for the purpose of conserving those waters for
beneficial use within the district, or for any other acts or purposes
provided for in this section and to adopt and carry out any definite plan
or system of work for that purpose.
(Added to NRS by 1961, 433; A 1985, 1194)
The board may:
1. Carry on technical and other investigations of all kinds.
2. Make measurements, collect data and make analyses, studies and
inspections pertaining to the control of floods and the use of floodwater.
3. Engage in research.
4. Participate or cooperate with local, state and federal agencies
or private or public corporations in the development of such new
techniques or processes as may apply to the field of water management,
both within and without the district.
5. Establish standards and criteria concerning the design of
systems for drainage.
(Added to NRS by 1961, 434; A 1991, 1371)
The board shall have the power to operate, maintain and repair the
improvements acquired by the district.
(Added to NRS by 1961, 434)
1. Except as otherwise provided in NRS 543.170 to 543.830 ,
inclusive, the board may enter into contracts and agreements affecting
the affairs of the district, including but not limited to contracts with
the United States of America and any of its agencies or instrumentalities
and contracts with any municipality or district for the operation of a
common or jointly owned project.
2. Any improvement of any nature made in any district, except such
work done by employees of the district with supplies and materials
purchased by it as provided in subsection 3, or except by labor or
supplies and materials, or all of such, supplied under agreement with the
United States of America, the State of Nevada, or any federal or state
agency, instrumentality or corporation, or other political subdivision,
must be done only under independent contract to be entered into by the
district in the manner prescribed by chapter 332 of NRS. Upon default in the performance of any
contract, the proper official may advertise and relet the remainder of
the work without further resolution and deduct the cost from the original
contract price and recover any excess cost by suit on the performance
bond, or otherwise.
3. The board may make any improvement, or portion thereof, in any
district, directly by the officers, agents and employees of the district,
with supplies and materials purchased or otherwise acquired therefor. All
supplies and materials purchased by the board for any district except by
a contractor must be purchased in the manner prescribed by chapter 332
of NRS.
(Added to NRS by 1961, 434; A 1963, 169; 1967, 1242; 1987, 723)
The board
may borrow money and incur indebtedness and other obligations and
evidence the indebtedness by certificates, notes or debentures, and to
issue bonds, in accordance with the provisions of NRS 543.170 to 543.830 ,
inclusive.
(Added to NRS by 1961, 435; A 1987, 724)
The board shall have the power to acquire, dispose of and
encumber real and personal property, and any interest therein, including
leases, easements and revenues derived from the operation thereof.
(Added to NRS by 1961, 435)
1. The board may:
(a) Appoint a chief engineer and general manager who must be a
civil engineer licensed pursuant to the provisions of chapter 625 of NRS and may be selected from among nominees
proposed by the citizens’ advisory committee for the district.
(b) Prescribe the duties of officers, agents and employees and fix
their compensation.
(c) Create a technical committee for the district. If the board of
county commissioners constitutes the board of directors, the technical
committee must include one member and one alternate appointed by the
county and by each city within the district. If the regional
transportation commission constitutes the board of directors, the number
of members and alternates appointed respectively by the county and by
each city must be equal to the number of its representatives on the
commission. The citizens’ advisory committee for the district shall
appoint one of its members to the technical committee. The chief engineer
and general manager is a member of the technical committee and shall
serve as its executive director. Each member of the committee has one
vote, except the member from the citizens’ advisory committee and the
chief executive and general manager, each of whom may otherwise
participate in the activities of and make recommendations to the
technical committee. The committee shall annually choose one of its
members as chairman.
2. The chief engineer and general manager may hire and retain
agents, employees, engineers and attorneys, and any other persons
necessary or desirable to effect the purposes of the district.
3. The board may contract with any agency of the Federal
Government for any services related to projects for the control of floods
in the district.
4. The district attorney, the county surveyor, the county
assessor, the county auditor or comptroller, the county treasurer, their
deputies, assistants, clerks and other employees are ex officio officers,
deputies, assistants, clerks and employees of the district. They shall,
if requested by the board, perform the same various duties for the
district as for the county. The board shall reimburse the county for the
cost of rendering these services.
(Added to NRS by 1961, 435; A 1985, 1195; 1987, 431; 1997, 1070)
The board shall have the power to adopt and
amend bylaws, not in conflict with the Constitution and laws of the
State, for carrying on the business, objects and affairs of the board and
of the district.
(Added to NRS by 1961, 435)
The board shall exercise all rights
and powers necessary or incidental to or implied from the specific powers
granted in NRS 543.170 to 543.830
, inclusive. The specific powers are not
a limitation upon any power necessary or appropriate to carry out the
purposes and intent of NRS 543.170 to
543.830 , inclusive.
(Added to NRS by 1961, 435; A 1987, 724)
In addition to the general powers granted in NRS 543.170 to 543.830 ,
inclusive, to the board, the board may cooperate with the United States,
the State of Nevada, or any instrumentality, department, agency or
political subdivision or municipal corporation of either in the
construction, maintenance and operation of projects for the control of
floods. To that end, appropriate agreements may be entered into and the
district may:
1. Acquire and provide without cost to the operating entity the
land, easements and rights-of-way necessary for the construction of those
projects.
2. Hold and save harmless the cooperating entity free from any
claim for damages arising from the construction, maintenance and
operation of those projects.
3. Maintain and operate all works in accordance with regulations
prescribed by the cooperating entity.
4. Establish and enforce flood channel limits and regulations, if
any, satisfactory to the cooperating entity.
(Added to NRS by 1961, 435; A 1987, 724)
Except as otherwise
provided in subsection 3, the provisions of any law requiring public
bidding or otherwise imposing requirements on any public contract,
project, works or improvements, including, without limitation, the
provisions of chapters 332 , 338 and 339 of NRS, do not
apply to any contract entered into by a flood control district for the
construction of a flood control facility pursuant to the master plan, if
a majority of the construction costs are paid by a private developer and
the written agreement:
1. Complies with the requirements of subsection 1 of NRS 543.360
;
2. Clearly sets forth the computation of the construction costs,
and includes the terms and conditions of the contract; and
3. Contains a provision stating that the requirements of NRS
338.010 to 338.090 , inclusive, apply to any construction work
performed pursuant to the contract.
(Added to NRS by 1989, 1523)
1. Flood control facilities constructed by local governments must
be constructed in compliance with the master plan. Local governments may
request an amendment to the master plan pursuant to NRS 543.597 .
2. State agencies shall consider the master plan when planning and
designing their flood control facilities. Whenever practicable, state
agencies shall comply with the master plan.
(Added to NRS by 1989, 1523)
1. There is hereby granted to a district the right-of-way for the
construction and maintenance of floodways, ditches, waterways, conduits,
canals, dikes, embankments, basins for retention or detention of water
and protective works in, over and across public lands of the State of
Nevada not otherwise disposed of or in use, but not in any case exceeding
the length or width necessary for the construction of those works and
adjuncts or for the protection thereof.
2. Whenever any selection of right-of-way for those works or
adjuncts is made by the district, the board shall transmit to the
Division of State Lands of the State Department of Conservation and
Natural Resources and any other agency or entity of the state owning land
in the area, including the Nevada System of Higher Education and the
Colorado River Commission of Nevada, and to the county recorder of the
county in which the selected lands are situated a plat of the lands so
selected, giving the extent thereof and the uses for which they are
claimed or desired, verified to be correct.
3. If the Division of State Lands of the State Department of
Conservation and Natural Resources approves the selection so made, it
must be endorsed upon the plat and a permit must be issued to use the
rights-of-way and land.
(Added to NRS by 1961, 436; A 1985, 1195; 1993, 412; 2001, 2443
)
In case
any street, road, highway, railroad, canal or other property subject or
devoted to public use shall become subject to flood or other interference
by reason of the construction or proposed construction of any works of
the district, the board may acquire by agreement or condemnation the
right so to flood or otherwise interfere with such property within or
without the district, whether it be publicly or privately owned. If such
right is acquired by condemnation proceedings, the judgment may, if the
court finds that public necessity or convenience so requires, direct the
district to relocate such street, road, highway, railroad, canal or other
property in accordance with the plans prescribed by the court. If, by
such judgment or agreement, the district shall be required to relocate
any such street, road, highway, railroad, canal or other property subject
or devoted to public use, the board shall have the power to acquire in
the name of the district, by agreement or condemnation, all rights-of-way
and other property necessary or proper for compliance with the agreement
or judgment of condemnation, and thereafter to make such conveyance of
such relocated street, road, highway, railroad, canal or other property
as may be proper to comply with the agreement or judgment.
(Added to NRS by 1961, 436)
1. Any person desiring to make a connection to any storm water
drain or flood control facility of the district or to cause storm waters
to be emptied into any ditch, drain, canal, floodway or other appurtenant
structure of the district shall first make application to the board to
make the connection. The board may require the connection to be made in
such manner as it may direct and may impose such reasonable connection
fees as it deems proper, or, if reasonably justified by the
circumstances, may refuse permission.
2. Any person making a connection or causing floodwaters to be so
discharged without first having obtained permission is guilty of a
misdemeanor.
(Added to NRS by 1961, 436)
1. The chief engineer and general manager may investigate
carefully the best plan or plans:
(a) To control the floodwaters of the district and the floodwaters
of streams that have their sources outside of the district but flow into
the district;
(b) To conserve those waters for beneficial and useful purposes by
spreading, storing, retaining, or causing to percolate into the soil
within or without the district, or to save or conserve in any manner, any
of those waters; and
(c) To protect the watercourses, watersheds, public highways, life
and property in the district from damage from that water,
Ê and to obtain such other information in regard thereto as may be deemed
necessary or useful in carrying out the purposes of NRS 543.170 to 543.830 ,
inclusive.
2. The chief engineer and general manager shall make and file
reports from time to time with the board, which must show:
(a) A general description of the work to be done on each project or
work of improvement.
(b) General plans, profiles, cross sections and other general
specifications of the work to be done on each project or work of
improvement.
(c) A general description of the lands, rights-of-way, easements
and property proposed to be taken, acquired or injured in the carrying
out of that work.
(d) An estimate of the cost of each project or work of improvement
including:
(1) An estimate of the costs of lands, rights-of-way,
easements and property proposed to be taken, acquired or injured in
carrying out the project or work of improvement.
(2) An estimate of all incidental expenses likely to be
incurred in connection therewith, including legal, clerical, engineering,
superintendence, inspection, printing and advertising, and stating the
total amount of bonds, if any, necessary to be issued to pay for it.
(3) A comparison of the total cost of the proposed works
with an estimate of the cost of condemnation and relocation or
replacement of property within the boundaries of the floodplain.
3. The chief engineer and general manager shall, from time to
time, as directed by the board, file with the board supplementary,
amendatory and additional reports and recommendations as necessity and
convenience may require.
4. The chief engineer and general manager may, subject to the
control and direction of the board, employ other engineers, surveyors and
other persons required for making all surveys and doing any work
necessary for the making of the reports.
(Added to NRS by 1961, 437; A 1985, 1196; 1987, 725)
1. After a district has been established, the board shall cause
its chief engineer or qualified private engineers or consultants to make
a survey of the problems of controlling floods in the district and to
prepare a report setting forth:
(a) A description of existing facilities for the control of floods
in the area.
(b) Recommendations as to cooperation between the district and the
owner or owners of the facilities.
(c) Recommendations for the construction or other acquisition of
facilities to carry out the purpose of the district, with a preliminary
plan therefor.
(d) A description of the property proposed to be acquired or
damaged in the performance of work.
(e) A map showing the boundaries of the district and location of
the work proposed to be done.
(f) A map showing the hydrographic areas to be used by the district
for planning and acquisition of projects and improvements.
(g) Such other facts and information as the board may request.
2. In the preparation of the report, the Director of the State
Department of Conservation and Natural Resources and the Health Division
may assist in preliminary planning by:
(a) The assignment of technical, professional and administrative
personnel.
(b) Providing information for engineering and other planning.
(c) Acting as coordinator and liaison between the district and
participating local, state and federal agencies.
Ê Money expended in preliminary planning may, upon application to the
Director of the State Department of Conservation and Natural Resources
and to the Health Division, be refunded, if money for these purposes has
been appropriated by the Legislature.
3. The chief engineer for the district shall then prepare for each
hydrographic area a master plan for the control of floods which must set
forth the most effective structural and regulatory means for correcting
existing problems of flooding within the area and dealing with the
probable effects of future development, taking into consideration the
recommendations submitted in the report. In preparing the master plan, he
shall incorporate insofar as possible the planning completed or
undertaken by the county, each city all or part of whose territory is
included in the area, and any private engineer or developer for any part
of the area. The master plan may include as separate elements the
immediate needs, indicating their relative priority, and other future
needs. The master plan may also include bridge structures that may become
necessary as a result of the implementation of the master plan.
4. When a master plan satisfactory to the board, and after review
by the Director of the State Department of Conservation and Natural
Resources, is available, it must be tentatively adopted. A public hearing
on the proposed work must be scheduled and notice of the hearing given by
publication. After hearing and any adjournments thereof which may be
ordered, the board may either require changes to be made in the master
plan as the board considers desirable or the board may approve the
tentative master plan as prepared. If changes are ordered a further
hearing must be held pursuant to notice given by publication.
5. The county and each city all or part of whose territory is
included within each hydrographic area shall then hold a public hearing
to consider adopting the tentative master plan as a component of its
master plan pursuant to chapter 278 of NRS.
The master plan or its parts for that hydrographic area do not become
final until adopted by the county and each city.
(Added to NRS by 1961, 437; A 1963, 969; 1973, 1406; 1985, 1197;
1989, 1524)
1. The board shall adopt uniform regulations for the control of
drainage, in accordance with the master plan, from land which is
developed after the regulations become effective. The regulations may
include provisions for the granting of a variance by the board upon
application by the governmental entity having jurisdiction and a showing
of conditions which justify the variance. The board may grant a variance
from the strict enforcement of the uniform regulations for that piece of
property if the granting of the variance will not cause any:
(a) Detriment to the public good;
(b) Impairment of any affected natural resources; or
(c) Deviation from the intent and purpose of the district’s master
plan.
2. Before granting such a variance, the board must consider the
effect of the proposed variance on the adjacent property, the entire
hydrographic area and the continued implementation of the master plan.
3. On and after July 1, 1987, a county or city is not eligible to
receive money, from the regional fund for the control of floods, for the
acquisition of a project or improvement unless it has incorporated these
regulations in its ordinances governing the subdivision of land, parcel
maps, and division of land into large parcels. The county or city is then
responsible for their enforcement, but the county or any city may bring
an action against any of the others to compel enforcement in the latter’s
territory.
4. The board may also require as a condition of granting money to
a county or city that the recipient comply with the standards and
criteria developed by the board concerning the design of systems for
drainage and with the policies established by the board for the design,
construction, operation and maintenance of a project or improvement.
(Added to NRS by 1985, 1190; A 1987, 432; 1991, 1372)
1. The board shall direct its chief engineer and general manager
to prepare an annual review of the master plan for consideration by the
board. The review must include consideration of:
(a) Growth and development in the district;
(b) The cost of and progress in construction of facilities for the
control of floods;
(c) The district’s uniform code for management of a floodplain and
the development of standards for construction of facilities for the
control of floods;
(d) Progress in the development of facilities by the United States
Army Corps of Engineers; and
(e) The establishment of additional long-range priorities for the
control of floods.
2. The board shall prepare an annual report in conjunction with
its review. The report must set forth:
(a) The source and amount of money received during the previous
year;
(b) The amount of money expended during the previous year;
(c) A listing of any project completed during the previous year;
(d) A listing of any project under construction;
(e) A listing of any project which is proposed for the ensuing year
and the time estimated for its completion;
(f) The amount of money expended during the previous year for the
operation and maintenance of facilities for the control of floods; and
(g) Any recommended amendments of the master plan.
3. A copy of the report must be filed with the district’s chief
engineer. A copy must be provided to any person upon request for a fee
which does not exceed the actual cost of printing and mailing the report.
(Added to NRS by 1987, 429)
The review of the master plan conducted every 5 years, in addition to
considering the information required in subsection 1 of NRS 543.5955
, must:
1. Add to the plan any new information which is relevant to the
plan; and
2. Assess the progress toward fulfillment of the master plan
during the 5-year period, identify any major obstacles to completion of
the master plan and recommend amendments to the master plan resulting
from growth and development in the district.
(Added to NRS by 1987, 430)
1. The review provided for in NRS 543.596 may be performed more frequently if the board
finds that circumstances warrant performing those reviews at shorter
intervals.
2. The budget of the district must include funding for the review
and amendment of the master plan.
(Added to NRS by 1987, 430)
1. The district’s chief engineer or any governmental entity may
propose to:
(a) Change the size, type or alignment of a facility on the
district’s master plan; or
(b) Amend the district’s master plan. A proposed amendment must be
submitted to the district.
2. Upon receipt of a change proposed pursuant to paragraph (a) of
subsection 1, the board shall hold a public hearing to consider the
adoption of the change. With the approval of two-thirds of the members
voting on the proposed change, the board may adopt any proposed change
which:
(a) Is consistent with the general principles set forth in
subsection 3 of NRS 543.590 for the
master plan;
(b) Is hydraulically similar to a proposed facility included in the
master plan;
(c) Is the most cost-effective structural or regulatory means of
controlling floodwaters of the district; and
(d) Does not adversely affect the continued implementation of the
master plan.
3. Upon receipt of an amendment proposed pursuant to paragraph (b)
of subsection 1, the board shall determine whether the proposed amendment
is consistent with the general principles set forth in subsection 3 of
NRS 543.590 for the master plan. If the
proposed amendment is determined to be generally consistent with those
principles, the board shall hold a public hearing to consider the
adoption of the proposed amendment. The board may adopt a proposed
amendment to the district’s master plan with the approval of two-thirds
of the members voting on the proposed amendment.
4. The board shall file a copy of any amendment or change adopted
by it with the governing body of each local government whose jurisdiction
includes a hydrographic area affected by the adopted amendment or change.
5. Except as otherwise provided in subsection 6, upon receipt of
an amendment, the governing body of each local government affected shall
hold a public hearing to consider the adoption of the proposed amendment
as a component of its comprehensive master plan pursuant to chapter 278
of NRS. If the governing bodies of each local
government whose jurisdiction includes a hydrographic area affected by
the amendment to the district’s master plan approve the proposed
amendment, it becomes effective.
6. If a proposed amendment to the master plan is adopted
unanimously by the board, and by the governing body of the local
government in whose jurisdiction will be located the structures necessary
to carry out the purposes of the amendment, after a public hearing by
each, the amendment becomes effective and no other hearing or approval is
required by any other board or commission, including those responsible
for decisions relating to planning or zoning.
7. The provisions of this section do not apply to an amendment of
a master plan pursuant to NRS 543.5975 .
(Added to NRS by 1987, 430; A 1989, 1525; 1991, 1372; 1993, 835;
1995, 83; 2001, 893 )
1. The district’s chief engineer or any governmental entity may
propose an amendment to the district’s master plan to allow the
expenditure or provision of money pursuant to subsection 6 of NRS 543.360
. The proposed amendment must be
submitted to the district.
2. Upon receipt of an amendment proposed pursuant to subsection 1,
the board shall determine whether it:
(a) Is consistent with the general principles set forth in
subsection 3 of NRS 543.590 for the
master plan;
(b) Is the most cost-effective structural or regulatory means of
protecting structures from floodwaters of the district; and
(c) Does not adversely affect the continued implementation of the
master plan.
3. If the board determines that the proposed amendment meets the
requirements of subsection 2, the board shall hold a public hearing to
consider the adoption of the amendment. The board may adopt a proposed
amendment to the district’s master plan with the approval of two-thirds
of the members voting on the proposed amendment.
4. The board shall file a copy of any amendment adopted by it with
the governing body of each local government whose jurisdiction includes a
hydrographic area affected by the adopted amendment.
5. Except as otherwise provided in subsection 6, upon receipt of
an amendment, the governing body of each local government affected shall
hold a public hearing to consider the adoption of the proposed amendment
as a component of its comprehensive master plan pursuant to chapter 278
of NRS. If the governing bodies of each local
government whose jurisdiction includes a hydrographic area affected by
the amendment to the district’s master plan approve the proposed
amendment, it becomes effective.
6. If a proposed amendment to the master plan is adopted
unanimously by the board, and by the governing body of the local
government in whose jurisdiction the project will be located, after a
public hearing by each, the amendment becomes effective and no other
hearing or approval is required by any other board or commission,
including those responsible for decisions relating to planning or zoning.
(Added to NRS by 2001, 891 )
Taxation
1. In a county whose population is 400,000 or more, the board of
county commissioners shall hold public hearings before deciding which one
or combination of the powers set forth in subsections 3 and 4 is to be
used to provide revenue for the support of the district. The method
selected must be approved by a majority of the voters of the district
voting on the question at a special, primary or general election. The
ballot question submitted to the voters must contain the rate of the
proposed additional property tax stated in dollars and cents per $100
assessed valuation, the purpose of the proposed additional property tax,
the duration of the proposed additional property tax and an estimate
established by the governing body of the increase in the amount of
property taxes that an owner of a new home with a fair market value of
$100,000 will pay per year as a result of passage of the question.
2. A special election may be held only if the board of county
commissioners determines, by a unanimous vote, that an emergency exists.
The determination made by the board is conclusive unless it is shown that
the board acted with fraud or a gross abuse of discretion. An action to
challenge the determination made by the board must be commenced within 15
days after the board’s determination is final. As used in this
subsection, “emergency” means any unexpected occurrence or combination of
occurrences which requires immediate action by the board of county
commissioners to prevent or mitigate a substantial financial loss to the
district or county or to enable the board to provide an essential service
to the residents of the district.
3. The board of county commissioners in such a county may levy and
collect taxes ad valorem upon all taxable property in the county. This
levy is not subject to the limitations imposed by NRS 354.59811 . A district for which a tax is levied
pursuant to this subsection is not entitled to receive any distribution
of revenue from the supplemental city-county relief tax.
4. The board of county commissioners in such a county may impose a
tax of not more than 0.25 percent on retail sales and the storage, use or
other consumption of tangible personal property in the county. The
ordinance imposing this tax must conform, except as to amount, to the
requirements of chapter 377 of NRS and the
tax must be paid as provided in that chapter.
5. In any other county, the board of county commissioners may only
levy taxes ad valorem upon all taxable property in the district.
6. In any county, the board of directors may use any other money,
including federal revenue sharing, that is made available to the district.
(Added to NRS by 1961, 438; A 1985, 1198; 1989, 1931, 2086; 1993,
1092; 1999, 1086 )
610 to 543.640 ,
inclusive. The provisions of NRS 543.610 to 543.640 ,
inclusive, apply to a district in which a tax ad valorem is levied on all
taxable property in the county.
(Added to NRS by 1987, 431)
1. To levy and collect taxes, the board shall determine, in each
year, the amount of money necessary to be raised by taxation, and shall
fix a rate of levy which, when levied upon every dollar of assessed
valuation of taxable property within the district, will raise the amount
required by the district annually to supply funds for paying expenses of
organization and the costs of acquiring, operating and maintaining the
works and equipment of the district, and promptly to pay in full, when
due, all interest on and principal of general obligation bonds and other
general obligations of the district. In the event of accruing defaults or
deficiencies, an additional levy may be made as provided in NRS 543.620
.
2. The board shall certify to the board of county commissioners,
at the same time as fixed by law for certifying thereto tax levies of
incorporated cities, the rate so fixed with directions that at the time
and in the manner required by law for levying taxes for county purposes
such board of county commissioners shall levy such tax upon the assessed
valuation of all taxable property within the district, in addition to
such other taxes as may be levied by such board of county commissioners
at the rate so fixed and determined.
(Added to NRS by 1961, 438)
1. The board, in certifying annual levies, shall take into account
the maturing general obligation indebtedness for the ensuing year as
provided in its contracts, maturing general obligation bonds and interest
on such bonds, and deficiencies and defaults of prior years, and shall
make ample provision for the payment thereof.
2. In case the moneys produced from such levies, together with
other revenues of the district, are not sufficient punctually to pay the
annual installments on such obligations, and interest thereon, and to pay
defaults and deficiencies, the board shall make such additional levies of
taxes as may be necessary for such purposes, and, notwithstanding any
limitations, such taxes shall be made and continue to be levied until the
general obligation indebtedness of the district shall be fully paid.
(Added to NRS by 1961, 439)
1. The body having authority to levy taxes within each county
shall levy the taxes provided in NRS 543.170 to 543.830 ,
inclusive.
2. All officials charged with the duty of collecting taxes shall
collect those taxes at the time and in the same form and manner, and with
like interest and penalties, as other taxes are collected and when
collected shall pay the taxes to the district ordering its levy and
collection. The payment of the collections must be made monthly to the
treasurer of the district and paid into the depository thereof to the
credit of the district.
3. All taxes levied under NRS 543.170 to 543.830 ,
inclusive, together with interest thereon and penalties for default in
payment thereof, and all costs of collecting the taxes constitute, until
paid, a perpetual lien on and against the property taxed, and the lien is
on a parity with the tax lien of other general taxes.
(Added to NRS by 1961, 439; A 1987, 725)
If the taxes levied are not
paid as provided in NRS 543.170 to
543.830 , inclusive, the property
subject to the tax lien must be sold and the proceeds thereof must be
paid over to the district according to the provisions of the laws
applicable to tax sales and redemptions.
(Added to NRS by 1961, 439; A 1987, 726)
1. The proceeds of all taxes and charges levied or imposed for the
support of the district and all other revenues received for its account
from any source must be deposited in the regional fund for the control of
floods. No money may be drawn from the fund except for the use of the
district.
2. Whenever any indebtedness has been incurred by a district, the
board may also levy taxes and collect revenue for the purpose of creating
a reserve fund in such amount as the board may determine, which may only
be used to meet the obligations of the district, for maintenance and
operating charges and depreciation, and to provide extension of and
betterments to the improvements of the district.
3. The board shall not use money in the regional fund for the
control of floods or the reserve fund:
(a) For the construction, operation, maintenance, extension or
repair of streets, highways or bridges, except as authorized pursuant to
NRS 543.170 to 543.830 , inclusive; or
(b) To supplement the budget of the county in which the district is
located.
(Added to NRS by 1961, 440; A 1985, 1199; 1991, 1400)
Boundaries; Inclusion and Exclusion of Property
1. The boundary of any district organized under the provisions of
NRS 543.170 to 543.830 , inclusive, may be changed in the manner
prescribed in NRS 543.675 and 543.685
, but the change of boundaries of the
district does not impair or affect its organization, or affect, impair or
discharge any contract, obligation, lien or charge on which it or the
property therein might be liable or chargeable had the change of
boundaries not been made.
2. Property included within or annexed to a district is subject to
the payment of taxes, assessments and charges, as provided in NRS 543.685
. Real property excluded from a district
is thereafter subject to the levy of taxes for the payment of its
proportionate share of any indebtedness of the district outstanding at
the time of the exclusion and is subject to any outstanding special
assessment lien thereon.
(Added to NRS by 1967, 1618; A 1987, 726)
1. In a county whose population is less than 400,000 an owner in
fee of real property situate in the district may file with the board a
petition praying that those lands be excluded from the district.
2. Petitions must:
(a) Describe the property which the petitioner desires to have
excluded.
(b) State that the property does not produce any runoff of
floodwater capable of being served by the facilities of the district or
by any future improvement contained in the master plan.
(c) Be acknowledged in the same manner and form as required in case
of a conveyance of land.
(d) Be accompanied by a deposit of money sufficient to pay all
costs of the proceedings for exclusion.
3. The secretary of the board shall cause a notice of filing of
such petition to be published, which must:
(a) State the filing of the petition.
(b) State the names of the petitioners.
(c) Describe the property mentioned in the petition.
(d) State the prayer of the petitioners.
(e) Notify all persons interested to appear at the office of the
board at the time named in the notice, and show cause in writing why the
petition should not be granted.
4. The board at the time and place mentioned in the notice, or at
the times to which the hearing of the petition may be adjourned, shall
proceed to hear the petition and all objections thereto, presented in
writing by any person.
5. The filing of the petition is an assent by each petitioner to
the exclusion from the district of all or part of the property mentioned
in the petition.
6. The board, if it considers it not to be in the best interest of
the district that all or part of the property be excluded from the
district, shall order that the petition be denied in whole or in part, as
the case may be.
7. If the board considers it to be in the best interest of the
district that the property mentioned in the petition be excluded from the
district, the board shall order that the petition be granted in whole or
in part, as the case may be.
8. There may be no withdrawal from a petition after consideration
by the board nor may further objection be filed except in case of fraud
or misrepresentation.
9. Upon granting the petition, the board shall file for record a
certified copy of its ordinance making the change, in the manner provided
in NRS 543.300 .
(Added to NRS by 1967, 1618; A 1985, 1199; 1989, 1932)
In a county whose population is less than
400,000 the boundaries of a district may be enlarged by the inclusion of
additional real property in the following manner:
1. The owner in fee of any real property capable of being served
by the facilities of the district may file with the board a petition
praying that the property be included in the district.
2. The petition must:
(a) Set forth an accurate legal description of the property.
(b) State that assent to the inclusion of the property in the
district is given by all the owners in fee of the property.
(c) Be acknowledged in the same manner required for a conveyance of
land.
3. There may be no withdrawal from a petition after consideration
by the board nor may further objections be filed except in case of fraud
or misrepresentation.
4. The board shall hear the petition at an open meeting after
publishing the notice of the filing of the petition, and of the place,
time and date of the meeting, and the names and addresses of the
petitioners. The board shall grant or deny the petition and the action of
the board is final and conclusive. If the petition is granted as to all
or any of the real property described, the board shall make an order to
that effect, and file it for record in the manner provided in NRS 543.300
.
5. After the date of its inclusion in the district, the property
is subject to all of the taxes imposed by the district, and is liable for
its proportionate share of the existing general obligation bonded
indebtedness of the district. It is not liable for any taxes levied or
assessed before its inclusion in the district.
(Added to NRS by 1967, 1619; A 1985, 1200; 1989, 1933)
Borrowing and Bonds
1. Upon the conditions and under the circumstances set forth in
NRS 543.170 to 543.830 , inclusive, a district or, if requested by the
district, the board of county commissioners of the county in which the
district is situated, may:
(a) Borrow money and issue the following securities to evidence the
borrowing, subject to the provisions of NRS 350.020 to 350.070 ,
inclusive:
(1) Notes;
(2) Warrants;
(3) Bonds;
(4) Temporary bonds;
(5) Interim debentures; and
(6) Special assessment bonds; and
(b) Make any other contract creating an indebtedness.
2. Subject to the provisions of subsection 1, the board of
directors of a district or the board of county commissioners may, on the
behalf and in the name of the district or the county, as the case may be,
issue the securities, and in connection with any undertaking or
facilities authorized in NRS 543.170 to
543.830 , inclusive, may otherwise
proceed as provided in the Local Government Securities Law.
3. The payment of general obligation securities issued pursuant to
subsection 1 may be additionally secured by a pledge of any revenue from
a tax imposed pursuant to NRS 543.600
on retail sales and the storage, use or other consumption of tangible
personal property in the county.
4. At least 60 days before any general obligation bonds for a term
of more than 10 years are issued pursuant to this section, the board of
directors of the district shall publish a notice of the proposed issuance
of long-term general obligation bonds in a newspaper of general
circulation within the district. The notice must be published at least
twice during the first 3 weeks of the 60 days. Each time the notice is
published it must be at least as large as 5 inches high by 4 inches wide.
(Added to NRS by 1961, 441; A 1969, 1633; 1975, 750; 1985, 306;
1987, 726; 1991, 1373)
1. A district, upon the affirmative vote of a majority of the
board, may borrow money without an election in anticipation of the
collection of taxes or other revenues and to issue short-term notes to
evidence the amount so borrowed.
2. Such short-term notes:
(a) Must be payable from the fund for which the money was borrowed.
(b) Must mature in accordance with the provisions of NRS 350.091
.
(c) Must not be extended or funded except in compliance with NRS
543.690 .
(Added to NRS by 1961, 442; A 1991, 1374; 1995, 1828)
1. To carry out the purposes of NRS 543.170 to 543.830 ,
inclusive, the board may issue general obligation negotiable coupon bonds
of the district.
2. Bonds must:
(a) Bear interest at a rate or rates which do not exceed by more
than 3 percent the Index of Twenty Bonds which was most recently
published before the bids are received or a negotiated offer is accepted,
payable semiannually.
(b) Be payable serially, either annually or semiannually,
commencing not later than 3 years and extending not more than 40 years
from date.
(c) Be in such denominations as the board determines and the bonds
and coupons thereto attached must be payable to bearer.
(d) Be executed in the name of and on behalf of the district and
signed by the chairman of the board with the seal of the district affixed
thereto and attested by the secretary of the board.
3. Any of the officers, after filing with the Secretary of State
his manual signature certified by him under oath, may execute or cause to
be executed with a facsimile signature in lieu of his manual signature
any bond authorized in this section, but at least one signature required
or permitted to be placed thereon must be manually subscribed, and his
facsimile signature has the same legal effect as his manual signature.
Interest coupons must bear the original or facsimile signature of the
chairman of the board.
4. The form and terms of the bonds, including provisions for their
payment and redemption, must be determined by the board. If the board so
determines, the bonds may be redeemable before maturity upon payment of a
premium, not exceeding 9 percent of the principal thereof.
(Added to NRS by 1961, 442; A 1971, 2129; 1975, 877; 1981, 1421;
1983, 588; 1987, 727)
500 to 350.720 ,
inclusive. The provisions of NRS 543.710 and this section are hereby declared to be
implementary to the provisions of NRS 350.500 to 350.720 ,
inclusive, concerning bonds issued by political subdivisions of the
state, and those provisions are applicable to any bond issue under NRS
543.710 and this section, but in the
event of conflict the provisions of NRS 543.710 and this section shall be controlling.
(Added to NRS by 1961, 443; A 1969, 1634)
Dissolution of Districts
Whenever a
majority of the members of the board considers it to be in the best
interests of the district and the area served by the district that the
district be dissolved, it shall so determine by resolution, after there
is first found and determined and recited in the resolution that all
outstanding indebtedness and bonds of all kinds of the district have been
paid. The secretary of the board shall give notice by publication of:
1. The adoption of the resolution;
2. The determination of the board that the district should be
dissolved; and
3. The time and place for hearing preliminary to the adoption of
an ordinance on dissolution.
(Added to NRS by 1961, 444; A 1985, 1202)
1. Any taxpaying elector within the district may, on or before the
date fixed, protest against the dissolution of such district, in writing,
which protest shall be filed with the county clerk of such county.
2. If, at or before the time fixed by the ordinance and notice,
written protest shall be filed signed by 51 percent or more of the
taxpaying electors within the district, the district shall not be
dissolved. If any written protests are filed and the board of county
commissioners determines that the protests so filed represent less than
51 percent of the taxpaying electors of the district, the board may, if
it so determines, complete the dissolution by the adoption of a final
ordinance of dissolution, which ordinance shall contain a recital as to
the percentage of protests, and such recital shall be binding and
conclusive for all purposes.
(Added to NRS by 1961, 445)
At the place, date and hour
specified for the hearing in the notice or at any subsequent time to
which the hearing may be adjourned, the board of county commissioners
shall give full consideration to all protests which may have been filed
and shall hear all persons desiring to be heard and shall thereafter
adopt either the final ordinance of dissolution or an ordinance
determining that it shall not be dissolved.
(Added to NRS by 1961, 445)
Within 30
days after the effective date of any ordinance dissolving the district,
the county clerk shall file a copy of the ordinance in his office and
shall cause to be filed an additional copy of the ordinance in the office
of the Secretary of State, which filings shall be without fee and be
otherwise in the same manner as articles of incorporation are required to
be filed under chapter 78 of NRS.
(Added to NRS by 1961, 445)
1. All property and all funds remaining in the treasury of any
district so dissolved shall be surrendered and transferred to the county
in which the district exists and shall become a part of the general fund
of the county.
2. All outstanding and unpaid tax sales and levies of a dissolved
district shall be valid and remain a lien against the property against
which they are assessed or levied until paid, subject, however, to the
limitations of liens provided by general law. Taxes paid after
dissolution shall be placed in the general fund of the county in which
the property was assessed.
3. The board of county commissioners shall have the same power to
enforce the collection of all outstanding tax sales of the district as
the district would have had if it had not been dissolved.
(Added to NRS by 1961, 445)
