2005 Nevada Revised Statutes - Chapter 324 — Lands Under Carey Act

CHAPTER 324 - LANDS UNDER CAREY ACT

NRS 324.010 Definitions.

NRS 324.020 Acceptanceof terms and conditions of Carey Act.

NRS 324.030 Divisionof State Lands: Selection, management and disposal of land.

NRS 324.040 StateRegistrar of Lands Under Carey Act: Designation; powers and duties;compensation.

NRS 324.050 Reportof State Registrar of Lands Under Carey Act; pending proceedings not madepublic.

NRS 324.060 Regulations:Adoption; publication and distribution.

NRS 324.070 Divisionto determine time, manner and conditions under which lands open for entry orsale.

NRS 324.080 Divisionto fix price of lands; Carey Act Account created.

NRS 324.090 Fees.

NRS 324.100 Depositand use of proceeds and fees; appropriation for Carey Act Account.

NRS 324.110 Compensationof State Engineer.

NRS 324.120 Applicationsfor segregations: Contents; filing fee.

NRS 324.130 Reportof State Engineer on application for segregation; action by Division.

NRS 324.140 Depositsrequired of applicants to cover costs; reimbursements.

NRS 324.160 Contractbetween Division and applicant: Contents; conditions; bond; forfeiture.

NRS 324.170 Furtherconditions of contracts; exceptions to forfeitures.

NRS 324.180 Modificationsof contracts.

NRS 324.200 Paymentnot required until water available, bond deposited or guarantees made.

NRS 324.210 Forfeitureof contract and bond: Notice; sale of uncompleted works.

NRS 324.220 Entryupon land: Conditions.

NRS 324.230 Finalproof of reclamation, settlement and occupation; patents.

NRS 324.240 Issuanceof patent to settler.

NRS 324.250 Waterrights: Attachment to land; liens.

NRS 324.290 Divisionnot to obligate State under contracts.

_________

NRS 324.010 Definitions. As used in this chapter:

1. Carey Act means the provisions of 43 U.S.C. 641 et seq., and all acts amendatory thereof or supplemental thereto.

2. Division means the Division of State Lands of theState Department of Conservation and Natural Resources.

[Part 1:76:1911; RL 3064; NCL 5475] + [Part2:76:1911; A 1915, 335; 1919 RL 3065; NCL 5476] + [Part 28:76:1911; RL 3091; NCL 5502](NRS A 1977, 373, 1192; 1979, 228)

NRS 324.020 Acceptanceof terms and conditions of Carey Act. TheState of Nevada accepts the terms and conditions of the Carey Act, and all actsamendatory thereof or supplemental thereto which may be passed by the Congressof the United States, together with all the grants of land made to the State bythe Federal Government under the provisions of that act.

[Part 1:76:1911; RL 3064; NCL 5475](NRS A 1979,228)

NRS 324.030 Divisionof State Lands: Selection, management and disposal of land. The selection, management and disposal of such land isvested in the Division.

[Part 2:76:1911; A 1915, 335; 1919 RL 3065; NCL 5476] + [Part 28:76:1911; RL 3091; NCL 5502](NRS A 1957, 649; 1959, 91;1969, 1428; 1975, 108; 1977, 373, 1192)

NRS 324.040 StateRegistrar of Lands Under Carey Act: Designation; powers and duties;compensation.

1. The Administrator of the Division is designated asthe State Registrar of Lands Under the Carey Act.

2. The State Registrar of Lands Under the Carey Act:

(a) Is the custodian of all papers, documents, maps andplats relating to Carey Act lands.

(b) Shall receive and give a receipt for all fees andpayments required to be paid pursuant to the provisions of this chapter or anyregulation of the Division.

(c) Shall deposit all fees and payments received by himwith the State Treasurer to the credit of the Carey Act Account.

(d) Shall conduct all correspondence relating to Carey Actlands.

3. The State Registrar of Lands Under the Carey Act isdesignated as the authorized agent of the State to dispose of lands under theCarey Act.

4. For services performed pursuant to the provisionsof this chapter the Administrator of the Division is not entitled to receiveadditional compensation.

[Part 2:76:1911; A 1915, 335; 1919 RL 3065; NCL 5476] + [Part 25:76:1911; A 1915, 333; 1919 RL 3088; NCL 5499](NRS A 1957,649; 1975, 108; 1977, 1192; 1979, 228, 664; 1991, 1764)

NRS 324.050 Reportof State Registrar of Lands Under Carey Act; pending proceedings not madepublic.

1. Before September 1 of each even-numbered year, forthe biennium ending June 30 of such year, the State Registrar of Lands Underthe Carey Act shall prepare a detailed report of the transactions concerningCarey Act lands and file one copy of the report with the Secretary of State.

2. All pending proceedings before the Division and theState Engineer, except applications for permits for water rights, must not bemade public or be open to public inspection until the application forsegregation is filed in the Bureau of Land Management.

[29:76:1911; RL 3092; NCL 5503](NRS A 1969,1456; 1975, 108; 1977, 1193; 1979, 228)

NRS 324.060 Regulations:Adoption; publication and distribution.

1. The Division may establish and require theobservance of such regulations as the Division may deem necessary, proper orexpedient, not in conflict with law or the regulations of the Department of theInterior, for the administration of the provisions of this chapter.

2. Such regulations shall be published from time totime in pamphlet form for free distribution.

[24:76:1911; RL 3087; NCL 5498](NRS A 1977,1193)

NRS 324.070 Divisionto determine time, manner and conditions under which lands open for entry orsale. The Division shall determine the time,manner and conditions under which lands and water rights of any segregation, orany part thereof, are thrown open for entry by or sale to intending settlers.

[16:76:1911; RL 3079; NCL 5490](NRS A 1977,1193)

NRS 324.080 Divisionto fix price of lands; Carey Act Account created.

1. The Division may fix the price at which the Statedisposes of lands in each segregation to settlers at the time of their entry, whichmust not be less than $10 per acre nor more than the fair market value,including costs incidental to the application.

2. The proceeds must be deposited with the Treasurerfor credit to the Carey Act Account, which is hereby created in the State GeneralFund.

[13:76:1911; RL 3076; NCL 5487](NRS A 1977, 374,1193; 1979, 229, 664; 1991, 1764)

NRS 324.090 Fees. A nonrefundable fee of $100 must be collected by theDivision pursuant to the provisions of this chapter and deposited with theState Treasurer for credit to the Carey Act Account. The fee covers one copyeach of all original documents from the time of application to the time ofissuance of patent, including the application for segregation. Other fees maybe charged as are established by regulations of the Division.

[26:76:1911; RL 3089; NCL 5500]NRS A 1977, 374,1193; 1979, 229, 664; 1991, 1764)

NRS 324.100 Depositand use of proceeds and fees; appropriation for Carey Act Account.

1. The proceeds derived by the State from fees and thesale of Carey Act lands must be deposited in the Carey Act Account. The moneyis subject to control and disposition by the Division and may be used by theDivision for the following purposes only:

(a) For the payment of all necessary expenses incurredby the State Registrar of Lands Under the Carey Act for administering Carey Actlands.

(b) For the reclamation, under the control anddirection of the Division, of desert lands in the State, other than thoseincluded in any segregation by any applicant except the State.

(c) For advertisement and publicity of the desert landsof the State to advance their settlement and reclamation.

2. Until the Carey Act Account has received depositsfrom fees and sales of land under the provisions of this chapter sufficient tomeet the necessary disbursements arising pursuant to paragraph (a) ofsubsection 1, the State Controller and the State Treasurer are authorized anddirected to transfer from the State General Fund to the Carey Act Account fromtime to time, sufficient money to meet those disbursements, not exceeding$10,000, and that sum is hereby appropriated for that purpose. As soon asdeposits to the Carey Act Account, derived from fees and sales of lands, aresufficient to provide an adequate operating balance in the Carey Act Account,all sums so transferred must be restored to the State General Fund.

3. All disbursements from the Carey Act Account mustbe on claims of the State Registrar of Lands Under the Carey Act and approvedby the State Board of Examiners.

[30:76:1911; RL 3093; NCL 5504](NRS A 1975, 108;1977, 374, 1193; 1979, 229, 664; 1991, 1764)

NRS 324.110 Compensationof State Engineer.

1. The State Engineer must be compensated for hisservices by such fees and expense allowances as are authorized by law to beassessed against an applicant for a water right. The expense of the inspection,supervision and report of the State Engineer upon the proposed irrigation worksof an applicant and all other services of the State Engineer, if it is notcovered by law, must be assessed against the applicant, and is required inadvance. The State Engineer shall submit a statement to the Division.

2. Except in special cases and for unusual services,the work of the State Engineer in connection with the Carey Act must be doneunder the fee and compensation system of his office.

[27:76:1911; RL 3090; NCL 5501](NRS A 1977,1194; 1979, 230)

NRS 324.120 Applicationsfor segregations: Contents; filing fee.

1. Any natural person, association, company orcorporation desiring to construct impounding dams, canals, ditches or otherirrigation works, pumping plants, or artesian wells to reclaim lands under theprovisions of this chapter, may file with the Division an application for anyland which is listed by the Division as being available for reclamation throughthe Division.

2. Any person who is a citizen of the United States ora lawful permanent resident of the United States and who is more than 18 yearsof age, may file an application with the Division for that land in an amountnot exceeding 160 acres.

3. An application must:

(a) Be prepared and submitted in accordance with suchregulations as the Division may adopt, which must conform with applicableregulations of the Department of the Interior.

(b) Be accompanied by proof that an active applicationfor a permit to appropriate water is on file in the Office of the StateEngineer.

(c) Be accompanied by the fee prescribed by thischapter.

(d) State that the applicant desires the land foractually reclaiming, cultivating and settling it in accordance with the CareyAct and the laws and regulations of this state.

(e) State that the applicant, if granted the amount ofland requested in the application, will not have received a total amount ofland through the provisions of this chapter exceeding 160 acres.

[3:76:1911; RL 3066; NCL 5477] + [4:76:1911; RL 3067; NCL 5478](NRS A 1977, 375, 1194; 1979, 230)

NRS 324.130 Reportof State Engineer on application for segregation; action by Division.

1. All applications for Carey Act lands which areprepared and submitted in accordance with the regulations of the Division andof the Department of the Interior must be referred to the State Engineer. TheState Engineer shall submit a written report which includes informationregarding the water supply, the status of the water right, and other datanecessary to enable the State Registrar of Lands Under the Carey Act to makethe proper application and certification required by the Bureau of LandManagement in such cases.

2. No application on which the State Engineer hasreported adversely may be approved by the Division. If the State Engineerreports favorably on an application, the Division shall, at its earliestconvenience, consider the application. If the Division approves theapplication, or if the applicant accepts and the Division approves a modifiedapplication, the State Registrar of Lands Under the Carey Act shall file in theproper office of the Bureau of Land Management a request for the segregation ofthe lands described.

[5:76:1911; RL 3068; NCL 5479](NRS A 1975, 109;1977, 1195; 1979, 231)

NRS 324.140 Depositsrequired of applicants to cover costs; reimbursements.

1. Immediately after an application has been approvedby the Division, and before the filing of the request for the segregation ofland with the Bureau of Land Management, the applicant shall deposit with theDivision a sum which, according to the estimate of the Division, will cover theentire cost of the surveys, determinations, maps and plats required by theSecretary of the Interior before it approves a segregation and allotment ofthose lands to the State.

2. The deposit is a guarantee that the surveys,determinations, maps and plats are made properly and in good faith by theapplicant, and will be completed and filed with the Division for itsexamination within 90 days after the Division receives the deposit. As work onthe surveys, determinations, maps and plats progresses, the Division shall,upon request, reimburse the applicant from the deposit amounts which equal theaggregate cost of the work done. An applicant desiring to relinquish andabandon the project before completion of the surveys and determinations mayserve written notice to that effect upon the Division, accompanied with arelinquishment to the State of his application for a water right, and theDivision shall refund him the unexpended balance of his deposit.

[6:76:1911; RL 3069; NCL 5480](NRS A 1977, 1195;1979, 231)

NRS 324.160 Contractbetween Division and applicant: Contents; conditions; bond; forfeiture.

1. Upon approval by the Secretary of the Interior ofthe application for a segregation, the Division must enter into a contract withthe applicant for the segregation. The contract must contain:

(a) Such complete specifications with respect to thesystem of irrigation works proposed to reclaim the lands of the segregation asthe Division prescribes by regulation.

(b) The price, conditions and terms per acre at whichthe irrigation works and perpetual water rights will be sold to settlers.

(c) The price, terms and conditions on which the Stateis to dispose of the lands to settlers.

(d) Such additional requirements and stipulations asare necessary to protect the good reputation of the State and the rights of allparties in interest from the date of the contract to the complete consummationof the enterprise.

2. The contract must not be entered into until thecontractor has filed a satisfactory bond in a penal sum equal to 5 percent ofthe estimated cost of the works which is conditioned upon the faithfulperformance of the contract with this state.

3. If, within 3 months after notice by the Division tothe applicant, by registered or certified letter addressed to his last knownaddress, that the segregation has been approved by the Secretary of theInterior, the applicant or his agent fails to appear and execute a contract withthe State and supply the bond as required, the applicant defaults his interestin the land to the State, unless the Division grants an extension of time whichmay not exceed 30 days. The Division may advertise the interest of theapplicant for sale and sell it to the highest bidder under such regulations asthe Division prescribes, and sell the interest and enter into a contractcovering the segregation with the purchaser. In such a case the State Engineershall transfer the application for the water right to the purchaser. Theproceeds of the sale must be used to reimburse the Division for the costs ofthe advertisement and sale. The surplus, if any, must be deposited in the CareyAct Account.

[8:76:1911; RL 3071; NCL 5482](NRS A 1969, 95;1977, 1196; 1979, 232, 665; 1991, 1765)

NRS 324.170 Furtherconditions of contracts; exceptions to forfeitures.

1. All contracts shall state:

(a) That the works covered by the contract shall beginwithin 6 months from the date of the contract;

(b) That the construction shall be prosecuteddiligently and continuously to completion; and

(c) That the cessation of work under the contract for aperiod of 6 months shall forfeit to the State all rights under the contract andthe penal sum named in the bond.

2. No property or right which was vested in theapplicant or contractor at the date of the contract shall be forfeited.

3. In cases of contractors who, at the date of theapplication, own or have vested rights in water, and in a reservoir site,canals or other irrigation works, the forfeitures shall extend only to suchportions of the system unconstructed at the time of default and to the penaltyof the bond given by such contractor.

[9:76:1911; A 1919, 232; 1919 RL 3072; NCL 5483]

NRS 324.180 Modificationsof contracts. Any contract entered into pursuantto the provisions of this chapter may subsequently be modified if in theopinion of the Division the modification conserves and protects the publicwelfare and the rights of settlers. If the modification relates to changes inthe irrigation works or to an extension of time for its completion, the consentof the State Engineer is a condition precedent to any modification by theDivision.

[10:76:1911; RL 3073; NCL 5484](NRS A 1977,1197; 1979, 232)

NRS 324.200 Paymentnot required until water available, bond deposited or guarantees made.

1. A person, association, company or corporationcontracting with the State under the provisions of this chapter, or theirassigns, shall not require any advance payment of any settler or prospectivesettler prior to the time when water for the irrigation of his entry orallotment is actually available, unless a satisfactory bond in such sum as theDivision requires is deposited with the Division, conditioned on the return tothe settler, with interest at 6 percent per annum, of all payments so made, ifwater for the irrigation of his entry or allotment is not available at the timestipulated in the agreement with the settler.

2. In lieu of a bond as provided in subsection 1, theDivision may authorize advance sales to be made by or through the agency of abank or trust company furnishing satisfactory assurances and guarantees that ifthe project is not consummated to deliver water for the irrigation of suchsettlers entry or allotment within the time specified, such payments withinterest shall be returned to the settler.

[14:76:1911; RL 3077; NCL 5488](NRS A 1977,1198)

NRS 324.210 Forfeitureof contract and bond: Notice; sale of uncompleted works.

1. Upon the failure of any party having a contractwith the State for the construction of irrigation works to begin the workswithin the time specified by the contract, or to complete the works within thetime or in accordance with the specifications of the contract to thesatisfaction of the State Engineer, the Division shall give the party writtennotice of the failure. If after a period of 60 days after the sending of thenotice, the party fails to proceed with the work or to conform to thespecifications of the contract, the bond and contract of the party and allworks constructed under it are forfeited to the State. The Division shall atonce so declare and give notice once a week for a period of 4 weeks in somenewspaper of general circulation in the county or counties in which the work issituated, and in one newspaper at the State Capital in like manner and for alike period, of:

(a) The forfeiture of the contract; and

(b) That upon a fixed day proposals will be received atthe office of the Division for the purchase of the uncompleted works and forthe completion of the contract.

2. The Division shall give notice in its advertisementfor proposals for the purchase of the uncompleted works that the successfulbidder is required, before the transfer of ownership, to furnish a satisfactorybond in a prescribed sum conditioned for the faithful fulfillment of theuncompleted provisions of the contract.

3. The time of receiving bids must be at least 60 daysafter the issuing of the last notice of forfeiture.

4. The money received by the Division from the sale ofpartially completed works under the provisions of this section must first beapplied to the expenses incurred by the State in their forfeiture and disposaland to satisfy the bond. The surplus, if any exists, must be deposited in theCarey Act Account.

[15:76:1911; RL 3078; NCL 5489](NRS A 1975, 110;1977, 1198; 1979, 233; 1991, 1765)

NRS 324.220 Entryupon land: Conditions.

1. Before entering upon any land pursuant to theprovisions of this chapter, the applicant shall file with the Division:

(a) A certified copy of a water permit or a contractfor a perpetual water right into which the applicant has entered with whomeveris authorized by the Division to furnish water for the reclamation of the land.

(b) Any payments required by regulation.

(c) A written statement from the board of countycommissioners of each county in which the land for which application is made islocated which certifies the land is zoned for the intended use of the applicantor will be so zoned by the time the applicant intends to put it to such use.

2. The Division shall file all papers submitted by theapplicant and, if allowed, shall issue a certificate of location to theapplicant. All certificates, when issued, must be recorded in a book kept forthat purpose.

3. The balance unpaid on the price fixed by theDivision for the land allowed an applicant is payable in such installments andat such times as the Division prescribes, but before a patent is issued thefull price of the land must be paid by the settler.

[17:76:1911; RL 3080; NCL 5491](NRS A 1971, 217;1977, 376, 1199; 1979, 233)

NRS 324.230 Finalproof of reclamation, settlement and occupation; patents.

1. Within 1 year after a water right is available forthe irrigation of the land described in a certificate of location, the settlershall cultivate and reclaim not less than one-sixteenth part of the land filedon, and within 2 years thereafter, shall have actually irrigated and cultivatednot less than one-eighth. Within 3 years thereafter, the settler shall appearbefore the State Registrar of Lands Under the Carey Act to make a final proofof reclamation, settlement and occupation, in such form and according to suchrequirements as may be prescribed by the Division or the Department of theInterior.

2. The State Registrar of Lands Under the Carey Act orhis designee may administer oaths required under this chapter.

3. All proofs so received must be accompanied with thefinal payment for the land, and upon approval by the Division the settler isentitled to a patent.

[18:76:1911; RL 3081; NCL 5492](NRS A 1975, 111;1977, 376, 1199; 1979, 234)

NRS 324.240 Issuanceof patent to settler.

1. Upon the issuance of a patent to any lands by theUnited States, notice shall be forwarded to the settler upon such land. Allpatents issued by the State to the settler shall be:

(a) Signed by the Governor.

(b) Attested by the State Registrar of Lands Under theCarey Act.

(c) Under such seal as the Division may adopt for suchpurpose.

(d) Recorded in the Office of the State Registrar ofLands Under the Carey Act in a book kept for that purpose.

2. A patent shall not issue on an assignment of acertificate of location, or by reason of a process of foreclosure, unless theassignee or purchaser under foreclosure possesses all the qualifications of anoriginal applicant.

[19:76:1911; RL 3082; NCL 5493](NRS A 1975, 111;1977, 1200)

NRS 324.250 Waterrights: Attachment to land; liens.

1. The water rights to all lands acquired under theprovisions of this chapter shall attach to and become appurtenant to the landas soon as the title passes from the United States to the State. Any person orpersons, association, company or corporation furnishing water for any tract ofland shall have a first and prior lien on the water right and land upon whichthe water is used, for all deferred payments for the water right. The lienshall be in all respects prior to any other and all other liens created or attemptedto be created by the owner and possessor of the land, and the lien shall remainin full force and effect until the last deferred payment for the water right isfully paid and satisfied according to the terms of the contract under which thewater right is acquired.

2. The contract for the water right upon which thelien is founded shall be recorded in the office of the county recorder of thecounty where the land is situated.

[20:76:1911; RL 3083; NCL 5494]

NRS 324.290 Divisionnot to obligate State under contracts. Thischapter does not authorize the Division to obligate the State to pay for anywork constructed under any contract or to hold the State in any way responsibleto settlers for the failure of contractors to complete the work according tothe terms of their contracts with the State.

[11:76:1911; RL 3074; NCL 5485](NRS A 1977,1200)

 

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