2005 Nevada Revised Statutes - Chapter 538 — Interstate Waters, Compacts and Commissions

CHAPTER 538 - INTERSTATE WATERS, COMPACTSAND COMMISSIONS

BOULDER CANYON PROJECT

NRS 538.010 ColoradoRiver Compact: Ratification by Nevada; waiver of provisions of first paragraphof Article XI.

NRS 538.020 Electionof Nevada to receive commutation payments in lieu of other payments under Boulder Canyon Project Act.

NRS 538.030 Dispositionof receipts paid Nevada under Boulder Canyon Project Adjustment Act.

COLORADO RIVER COMMISSION OF NEVADA

NRS 538.041 Definitions.

NRS 538.051 Creation;number and appointment of members.

NRS 538.061 Qualificationsof commissioners.

NRS 538.081 Removalof commissioner.

NRS 538.101 Compensationof commissioners and employees; industrial insurance.

NRS 538.111 Selectionof Vice Chairman; Executive Director to provide secretarial service.

NRS 538.121 Principalplace of business.

NRS 538.131 Meetings;notice; quorum.

NRS 538.133 ExecutiveDirector: Appointment; classification; restrictions on other employment.

NRS 538.135 ExecutiveDirector: Duties.

NRS 538.137 DeputyExecutive Director: Appointment; duties; classification; restrictions on otheremployment.

NRS 538.141 Assistantsand employees: Employment by Executive Director; duties.

NRS 538.151 Legalservices to Commission: Duties of Attorney General and his deputies.

NRS 538.161 Generalduties; contracts for supply of electric energy.

NRS 538.166 Generalpowers; prerequisites to actions regarding certain sources of supplementalwater.

NRS 538.171 Protectionof water, water rights and rights to power; appropriation and use of water.

NRS 538.181 Contractsrelating to power and water: Authority; applicants bond; procedure; renewal;exemption from regulation by Public Utilities Commission of Nevada.

NRS 538.186 Entryinto and consultations relating to certain agreements regarding supplementalwater.

NRS 538.191 ColoradoRiver Commission Fund; Colorado River Research and Development Account.

NRS 538.196 Interestand income on money in special revenue fund, fund for construction of capitalprojects, trust fund, enterprise fund or agency fund.

NRS 538.201 Regulations.

NRS 538.206 Issuanceof general obligations: Consultation with State Treasurer; representation ofState before bond credit rating agencies; professional services.

NRS 538.211 Faithand credit of State pledged.

NRS 538.221 Hearings;witnesses; testimony.

NRS 538.226 Wateradministrative and operating budget: Preparation and approval; contents;authorization; administration.

NRS 538.231 Applicationand disbursement of revenues.

NRS 538.241 Dutiesof State Controller and State Treasurer.

NRS 538.251 Approvalof contracts by Governor.

CALIFORNIA-NEVADA INTERSTATE COMPACT COMMISSION

(NRS 538.270 to 538.410, inclusive, were repealed bychapter 65, Statutes of Nevada 1969, p. 89, effective on the effective date ofthe California-Nevada Interstate Compact (NRS538.600). As of October 2003, the Compact had not become effective.)

 

NRS 538.270 Commissiondefined.

NRS 538.280 Creation.

NRS 538.290 Composition;qualifications of commissioners.

NRS 538.300 Termsof commissioners.

NRS 538.320 Compensationof commissioners and employees of Commission.

NRS 538.330 Paymentof expenses.

NRS 538.340 Expenses;payment of claims.

NRS 538.350 Chairmanand Secretary of Commission.

NRS 538.360 Employees.

NRS 538.370 Dutiesof Attorney General.

NRS 538.380 Dutiesof Commission relative to interstate waters.

NRS 538.390 Approvalof compact or agreement.

NRS 538.400 Investigationsof water resources; other powers.

NRS 538.410 Generalpowers and duties.

COLUMBIA BASIN INTERSTATE COMPACT COMMISSION

NRS 538.420 Creation;number of commissioners.

NRS 538.430 Termsof office of commissioners.

NRS 538.450 Compensationof commissioners and employees of Commission; claims for payment of expenses.

NRS 538.460 Paymentof expenses.

NRS 538.470 Dutiesof Attorney General.

NRS 538.480 Representationof Nevada on joint commission.

NRS 538.490 Ratificationand approval of compact or agreement.

NRS 538.500 Generalpowers and duties of Commission.

NRS 538.510 Investigationof Columbia River; performance of other duties.

NRS 538.520 Dutiesof Governor.

COLUMBIA INTERSTATE COMPACT

NRS 538.530 Ratificationand approval; text.

NRS 538.540 Governorto give notice of states ratification.

NRS 538.550 Governorto appoint Commissioner to represent State on Columbia Compact Commission.

NRS 538.560 Compensationof Commissioner; claims for payment of expenses.

NRS 538.570 Dutiesof state officers; cooperation.

CALIFORNIA-NEVADA INTERSTATE COMPACT

NRS 538.600 California-NevadaInterstate Compact: Ratification and approval; text.

NRS 538.610 Governorto give notice of states ratification.

NRS 538.620 Compensationof commissioners and State Engineer; claims for payment of expenses.

NRS 538.630 Dutiesof state officers; cooperation.

MISCELLANEOUS PROVISIONS

NRS 538.650 Specialdistribution from Contingency Fund to protect water right or supply of waterfrom challenge or encroachment originating outside Nevada.

_________

BOULDER CANYON PROJECT

NRS 538.010 ColoradoRiver Compact: Ratification by Nevada; waiver of provisions of first paragraphof Article XI.

1. The provisions of the first paragraph of Article XIof the Colorado River Compact, making the Compact effective when it shall havebeen approved by the legislature of each of the signatory states, are herebywaived and the Compact shall become binding and obligatory upon the State ofNevada and upon the other signatory states which have ratified or may ratify itafter March 18, 1925, whenever at least six of the signatory states shall haveconsented thereto and the Congress of the United States shall have given itsconsent and approval.

2. This section shall be of no force or effect untilthis or a similar resolution shall have been passed or adopted by thelegislatures of the States of California, Colorado, Nevada, New Mexico, Utahand Wyoming.

3. Certified copies of this section shall be preparedby the Secretary of State and forwarded by the Governor of the State of Nevadato the President of the United States, the Secretary of State of the UnitedStates, and the Governors of the States of Arizona, California, Colorado, NewMexico, Utah and Wyoming.

[1:96:1925; NCL 1440] + [2:96:1925; NCL 1441]

NRS 538.020 Electionof Nevada to receive commutation payments in lieu of other payments underBoulder Canyon Project Act.

1. If the Congress shall enact legislation authorizingpayments to be made to the State of Nevada, conforming to the requirements of subsection2, upon the election of the State of Nevada to receive the same in commutationand in lieu of the payments now provided for this state in section 4(b) of theBoulder Canyon Project Act, the State of Nevada does hereby elect to receivesuch payments conforming to the requirements of subsection 2, in commutationand in lieu of the payments to it, so provided for in the Boulder CanyonProject Act.

2. The foregoing election is made upon the conditionthat the congressional legislation shall provide for payments to be made to theState of Nevada in the definite and fixed sum of $300,000 for each year ofoperation (June 1 to May 31) of the Boulder Dam and power plant during theperiod of not less than 50 years of operation beginning with the year of operationending May 31, 1938, and continuing annually thereafter until and including theyear of operation ending May 31, 1987, and for such further time, if any, asmay be provided for in such proposed congressional legislation, each suchannual payment to be due and payable before June 30 immediately following theclose of the year of operation for which it is made. The payment for the yearsof operation ending May 31, 1938, and May 31, 1939, shall be due and payable onJune 30, 1939, and shall be made as soon thereafter as administration of suchcongressional legislation will permit; and each such annual payment shall bemade annually thereafter at such times as shall be provided for in the proposedact of the Congress. All payments shall be subject to such adjustments as maybe prescribed by such congressional legislation, in the event that any suchpayments cannot be made, either in whole or in part, by reason of failure ofrevenues received by the United States from the operation of Boulder Dam andincidental works and power plant, due to any act of God, or of the publicenemy, or any major catastrophe or any other unforeseen and unavoidable cause.

3. The Attorney General of Nevada is hereby authorizedand empowered upon the enactment of such congressional legislation to determinewhether or not there is substantial conformity between the provisions thereofand the provisions of this section, and to certify such determination to theGovernor, who shall proclaim the same. Upon the filing of a copy of suchproclamation with the Secretary of the Interior, the election hereby made shallbecome final and complete.

4. Since an emergency exists therefor, this sectionshall become effective immediately upon the effective date of suchcongressional legislation; but if the Congress shall not enact suchlegislation, then the enactment of this section shall not be deemed to waive ordiminish any right or rights of the State of Nevada under the Boulder CanyonProject Act, and contracts made thereunder.

5. This section is hereby declared to be theappropriate and the only appropriate legislative action of this state for thepurpose of accomplishing the election by the state to receive and accept thecommutation provided for in this section and required by the proposedcongressional legislation to make such commutation effective.

[1:91:1939; 1931 NCL 852] + [2:91:1939; 1931 NCL 852.01] + [3:91:1939; 1931 NCL 852.02] + [4:91:1939; 1931 NCL 852.03] +[5:91:1939; 1931 NCL 852.04]

NRS 538.030 Dispositionof receipts paid Nevada under Boulder Canyon Project Adjustment Act. If and when the Boulder Canyon Project Adjustment Actbecomes effective, and whenever and as often as any payments are made to theState Treasurer of the State of Nevada, the State Treasurer shall accept thesame and such payments shall be placed by the State Treasurer in the GeneralFund of the State of Nevada.

[1:141:1941; A 1943, 7; 1943 NCL 853]

COLORADO RIVER COMMISSION OF NEVADA

NRS 538.041 Definitions. As used in NRS 538.041to 538.251, inclusive, unless thecontext otherwise requires:

1. Colorado River means the Colorado River and all ofthe tributaries of the river.

2. Commission means the Colorado River Commission ofNevada.

3. Commissioner means a commissioner of the ColoradoRiver Commission of Nevada.

4. Executive Director means the Executive Directorof the Colorado River Commission of Nevada.

5. Southern Nevada Water Authority means thepolitical subdivision of the State of Nevada created on July 25, 1991, by acooperative agreement entered into on that date pursuant to the provisions of NRS 277.080 to 277.180, inclusive.

6. Supplemental water means water from any sourcewhich, if acquired, would allow water to be used consumptively from themainstream of the Colorado River in excess of Nevadas apportionment pursuantto the Boulder Canyon Project Act of 1928. The term does not include waterfrom:

(a) Lake Tahoe;

(b) The Truckee, Carson or Walker River;

(c) Any groundwater within the State of Nevada, otherthan groundwater within Clark County; or

(d) Any surface water within the State of Nevada orthat flows into the State of Nevada, other than the waters of the ColoradoRiver,

unless theState Engineer authorizes the transfer of that water to the Colorado Riverpursuant to the provisions of this chapter or chapter532, 533 or 534of NRS.

7. Water purveyor means a public entity created byor pursuant to the laws of this State which:

(a) Is engaged in:

(1) The acquisition of water on behalf of, orthe delivery of water to, another water purveyor; or

(2) The retail delivery of water in this State;and

(b) Is not a member of another such public entity thatis itself engaged in the activities described in paragraph (a).

(NRS A 1973, 1604; 1975, 43; 1977, 1172; 1981, 1435;1983, 1588; 1995, 970, 2239; 2001, 2440)

NRS 538.051 Creation;number and appointment of members. The ColoradoRiver Commission of Nevada, consisting of seven members, is hereby created.Four members must be appointed by the Governor. Three members must be appointedby the Board of Directors of the Southern Nevada Water Authority. The Governorshall designate one of his appointees to serve as Chairman of the Commission.

[Part 1:71:1935; 1931 NCL 1443.01](NRS A 1963,982; 1967, 679; 1973, 1604; 1977, 1237; 1981, 1435; 1993, 1107; 2001, 2441)

NRS 538.061 Qualificationsof commissioners.

1. The members appointed by the Governor must beresidents of this state. The members appointed by the Southern Nevada WaterAuthority must be persons who serve on the Board of Directors of the Authority.When a person so appointed ceases to be a member of the Board of Directors, theremaining members of the Board of Directors shall fill the vacancy byappointment from among its membership.

2. All members must have a general knowledge of:

(a) The development of the Colorado River and itstributaries within this state; and

(b) The rights of this state concerning the resourcesand benefits of the Colorado River.

[Part 1:71:1935; 1931 NCL 1443.01] + [2:71:1935;1931 NCL 1443.02](NRS A 1965, 403; 1967, 680; 1973, 1604; 1977, 1237; 1981,1375, 1436; 1993, 1108)

NRS 538.081 Removalof commissioner. The appointing authority may at any time remove anycommissioner for neglect of duty or malfeasance in office.

[Part 1:71:1935; 1931 NCL 1443.01] + [3:71:1935;1931 NCL 1443.03](NRS A 1977, 1237; 1993, 1108)

NRS 538.101 Compensationof commissioners and employees; industrial insurance.

1. While engaged in official business of theCommission, each commissioner appointed by the Governor is entitled to receivea salary of not more than $80 per day, as fixed by the Commission.

2. While engaged in the business of the Commission,each member and employee of the Commission is entitled to receive the per diemallowance and travel expenses provided for state officers and employeesgenerally.

3. The Executive Director or an employee of theCommission designated by the Executive Director shall certify all bills andclaims for compensation, per diem expense allowances and travel expenses of thecommissioners, and shall submit them for payment in the same manner as allother state claims. The bills and claims must be paid from the Colorado RiverCommission Fund or any other fund administered by the Commission and designatedto be used for those expenses by the Executive Director.

4. The Commission shall provide its members who areappointed by the Governor with industrial insurance through a private carrierauthorized to provide industrial insurance in this state and shall budget andpay for the premiums for that insurance.

[4:71:1935; A 1951, 235] + [Part 5:71:1935; A 1951,235](NRS A 1961, 415; 1963, 742; 1965, 403; 1967, 680; 1973, 1605; 1975, 299;1981, 1436, 1538; 1983, 1518; 1985, 435; 1989, 1718; 1993, 1108; 1995, 2047; 1999, 1827; 2001, 2441)

NRS 538.111 Selectionof Vice Chairman; Executive Director to provide secretarial service. At the first meeting of the Commission in each calendaryear, the Commission shall select the Vice Chairman for the ensuing calendaryear. The Executive Director shall provide necessary secretarial service forthe Commission.

[Part 1:71:1935; 1931 NCL 1443.01] + [Part5:71:1935; A 1951, 235](NRS A 1963, 982; 1965, 404; 1967, 680, 986, 1502;1971, 1441; 1973, 1605; 1981, 1437; 1993, 1108; 2001, 2441)

NRS 538.121 Principalplace of business. The principal place ofbusiness of the Commission must be in Clark County, as particularly determinedby the Executive Director.

[Part 6:71:1935; A 1951, 235](NRS A 1973, 1605;1981, 1437; 2001,2441)

NRS 538.131 Meetings;notice; quorum.

1. The commissioners shall meet at such times and insuch places as are designated by the Chairman, but a majority of thecommissioners may call a meeting of the Commission at any time and placedesignated by them in a written notice thereof given all commissioners asprovided in this subsection. Except in cases of an emergency, written notice ofall meetings must be given to each commissioner by the Executive Director atleast 3 working days before each meeting. Every notice must include informationconcerning the time, location and agenda for the meeting. A meeting of theCommission must be held at least quarterly.

2. A majority of the commissioners constitutes aquorum for the transaction of business.

3. As used in this section, emergency means anyunforeseen circumstance which requires immediate action by the Commission andincludes:

(a) Any disaster caused by a fire, flood, earthquake orother natural cause; or

(b) Any circumstance which impairs the health andsafety of the public.

[Part 1:71:1935; 1931 NCL 1443.01] + [Part6:71:1935; A 1951, 235](NRS A 1973, 1605; 1981, 1437; 1983, 1518; 2001, 2441)

NRS 538.133 ExecutiveDirector: Appointment; classification; restrictions on other employment.

1. The Commission shall appoint an Executive Director.

2. The Executive Director:

(a) Is in the unclassified service of the State;

(b) Serves at the pleasure of the Commission; and

(c) Shall devote his entire time and attention to thebusiness of his office and shall not pursue any other business or occupation orhold any other office of profit.

(Added to NRS by 1981, 1435; A 1985, 435; 1997, 620; 2001, 2442)

NRS 538.135 ExecutiveDirector: Duties. The Executive Director:

1. Is responsible for administering and carrying outthe policies of the Commission.

2. Shall direct and supervise all the technical andadministrative activities of the Commission.

3. Shall report to the Commission all relevant andimportant matters concerning the administration of his office. He is subject tothe supervision of the Commission and is responsible, unless otherwise providedby law, for the conduct of the administrative function of the Commissionsoffice.

4. Shall perform any lawful act which he considers necessaryor desirable to carry out the purposes and provisions of NRS 321.480 to 321.536, inclusive, and 538.010 to 538.251, inclusive, and any otherprovisions of law relating to the powers and duties of the Commission.

(Added to NRS by 1981, 1435; A 1997, 2983; 2001, 2442)

NRS 538.137 DeputyExecutive Director: Appointment; duties; classification; restrictions on otheremployment.

1. The Executive Director shall appoint a DeputyExecutive Director and shall designate his duties.

2. The Deputy Executive Director of the Commission:

(a) Is in the unclassified service of the State; and

(b) Shall devote his entire time and attention to thebusiness of his office and shall not pursue any other business or occupation orhold any other office of profit.

(Added to NRS by 1981, 1435; A 1985, 435; 1997, 620; 2001, 2442)

NRS 538.141 Assistantsand employees: Employment by Executive Director; duties. The Executive Director shall, within the limits ofavailable money, employ such assistants and employees as may be necessary tocarry out his functions and duties. The assistants and employees have suchduties as may be prescribed by the Executive Director.

[Part 9:71:1935; A 1951, 235](NRS A 1967, 986; 1973,1605; 1975, 43; 1981, 1437; 1985, 436; 2001, 2442)

NRS 538.151 Legalservices to Commission: Duties of Attorney General and his deputies. The Attorney General is the attorney for the Commission.He shall designate one or more of his deputies to conduct actions, proceedingsand hearings for the Commission. A deputy so designated shall:

1. Advise the Commission on all matters relating tothe Commission.

2. Maintain an office in Clark County, Nevada.

[Part 9:71:1935; A 1951, 235](NRS A 1963, 742; 1973,1606; 1979, 275; 1981, 1283, 1437; 1983, 748)

NRS 538.161 Generalduties; contracts for supply of electric energy. TheCommission shall:

1. Collect and arrange all data and informationconnected with the Colorado River which may affect or be of interest to thisstate.

2. Represent and act for the State of Nevada in thenegotiation and execution of contracts, leases or agreements for the use,exchange, purchase or transmission of power from any source, or for theplanning, development or ownership of any facilities for the generation ortransmission of electricity for the greatest possible benefit to this state,and present such contracts, leases or agreements to the Governor for hisinformation. The Commission may contract for the supply of electric energy toany corporation or cooperative created pursuant to the laws of this state thatis being operated principally for service to Nevada residents and may beserving incidental energy to residents of other states contiguous to itsservice area in Nevada. If such a corporation or cooperative so requests, theCommission may contract to supply electric energy directly for the corporationor cooperative.

3. Represent the State of Nevada in such interstate orother conferences or conventions as may be called for the consideration of thedevelopment of reclamation and power projects connected with the ColoradoRiver, or in connection with Hoover Dam or other federally operated dams.

4. Negotiate with the representatives of other statesand the United States in an endeavor to settle equitably and define the rightsof the states and of the United States in the waters of the Colorado River.

5. Make and enter into agreements, compacts ortreaties between the State of Nevada and the states of Arizona, California,Colorado, New Mexico, Utah, Washington, Oregon, Idaho and Wyoming, eitherjointly or severally. Agreements, compacts or treaties which define the rightsof the states or of the United States in the waters of the Colorado River arenot binding upon the State of Nevada until ratified and approved by theLegislature and Governor of the State of Nevada.

6. Represent and act for the State of Nevada inconsultations with other states, the United States, foreign countries andpersons, and negotiate and enter into agreements between the State of Nevadaand those entities, jointly or severally, concerning the:

(a) Acquisition, development, storage, transport,transfer, exchange, use and treatment of water to supplement the supply ofwater in the Colorado River which is available for use in Nevada, consistentwith the provisions of NRS 538.186.

(b) Augmentation of the waters of the Colorado River,consistent with the provisions of NRS538.186.

(c) Quality of the waters of the Colorado River, incooperation with, and subject to the authority of, any agency of this statewhich regulates environmental matters.

(d) Operation of federal dams and other facilities onthe Colorado River.

(e) Species associated with the Colorado River whichare or may become listed as endangered or threatened pursuant to federal law,in cooperation with, and subject to the authority of, any agency of this statewhich regulates environmental matters.

7. Within the limits of its authority, represent andact for the State of Nevada as a member of any interstate or internationalcommission or other body as may be established relating to the Colorado Riverin transactions with Arizona, California, Colorado, New Mexico, Utah, Wyoming,the Federal Government or any foreign country.

8. Report to the Governor such measures andlegislative action as it deems necessary to carry out the provisions of any lawrelating to the powers and duties of the Commission.

9. Cooperate with other states or federal agencies toestablish, conduct and maintain projects related to water or power.

[Part 7:71:1935; A 1943, 209; 1947, 738; 1943 NCL 1443.07](NRS A 1965, 404; 1973, 1606; 1975, 126; 1981, 911, 1437; 1987, 2312;1989, 926; 1991, 840; 1993, 1108; 1995, 970; 2001, 2085)

NRS 538.166 Generalpowers; prerequisites to actions regarding certain sources of supplementalwater.

1. The Commission may:

(a) Acquire and perfect any interest in supplementalwater.

(b) Develop, store, transport, transfer, exchange, useand treat supplemental water.

(c) Acquire an interest in, finance, construct,reconstruct, operate, maintain, repair and dispose of any facility for water orpower, including, without limitation, a facility for the storage or conveyanceof water and a facility for the generation or transmission of electricity.

(d) Obtain any license, permit, grant, loan or aid fromany agency of the United States, the State of Nevada or any other public orprivate entity.

(e) In accordance with the provisions of the StateSecurities Law:

(1) Borrow money and otherwise become obligatedin a total principal amount which is approved by the Legislature or the InterimFinance Committee.

(2) Issue:

(I) General obligation securities payablefrom taxes and additionally secured with net pledged revenues;

(II) Securities constituting specialobligations payable from net pledged revenues; or

(III) Any combination of those securities.

TheLegislature finds and declares that the issuance of securities and other incurrenceof indebtedness pursuant to this subsection are for the protection and preservationof the natural resources of this state and obtaining the benefits thereof, andconstitute an exercise of the authority conferred by the second paragraph ofSection 3 of Article 9 of the Constitution of the State of Nevada. The powersconferred by this subsection are in addition to and supplemental to the powersconferred by any other law.

(f) Perform all other lawful acts it considersnecessary or desirable to carry out the purposes and provisions of any lawrelating to the powers, functions and duties of the Commission.

2. The Commission shall comply with the provisions ofthis chapter and chapters 532, 533 and 534 ofNRS before taking any action pursuant to subsection 1 which relates in any wayto supplemental water if the source of the supplemental water is located withinthe State of Nevada and is not the Colorado River.

(Added to NRS by 1995, 967; A 2001, 2086)

NRS 538.171 Protectionof water, water rights and rights to power; appropriation and use of water.

1. The Commission shall receive, protect and safeguardand hold in trust for the State of Nevada all water and water rights, and allother rights, interests or benefits in and to the waters described in NRS 538.041 to 538.251, inclusive, and to the powergenerated thereon, held by or which may accrue to the State of Nevada under andby virtue of any Act of the Congress of the United States or any agreements,compacts or treaties to which the State of Nevada may become a party, orotherwise.

2. Except as otherwise provided in this subsection,applications for the original appropriation of such waters, or to change theplace of diversion, manner of use or place of use of water covered by theoriginal appropriation, must be made to the Commission in accordance with theregulations of the Commission. In considering such an application, theCommission shall use the criteria set forth in subsection 6 of NRS 533.370. The Commissions action on theapplication constitutes the recommendation of the State of Nevada to the UnitedStates for the purposes of any federal action on the matter required by law.The provisions of this subsection do not apply to supplemental water.

3. The Commission shall furnish to the State Engineera copy of all agreements entered into by the Commission concerning the originalappropriation and use of such waters. It shall also furnish to the StateEngineer any other information it possesses relating to the use of water fromthe Colorado River which the State Engineer deems necessary to allow him to acton applications for permits for the subsequent appropriation of these watersafter they fall within the State Engineers jurisdiction.

4. Notwithstanding any provision of chapter 533 of NRS, any original appropriationand use of the waters described in subsection 1 by the Commission or by anyentity to whom or with whom the Commission has contracted the water is notsubject to regulation by the State Engineer.

[Part 7:71:1935; A 1943, 209; 1947, 738; 1943 NCL 1443.07](NRS A 1959, 555; 1965, 405; 1973, 1607; 1981, 211, 1438; 1983, 1519;1991, 297; 1995, 972; 2003,2984; 2005, 2565)

NRS 538.181 Contractsrelating to power and water: Authority; applicants bond; procedure; renewal;exemption from regulation by Public Utilities Commission of Nevada.

1. The Commission shall hold and administer all rightsand benefits pertaining to the distribution of the power and water mentioned inNRS 538.041 to 538.251, inclusive, for the State of Nevadaand, except as otherwise provided in NRS538.186, may enter into contracts relating to that power and water,including the transmission and other distribution services, on such terms asthe Commission determines.

2. Every applicant, except a federal or state agencyor political subdivision, for power or water to be used within the State ofNevada must, before the application is approved, provide an indemnifying bondby a corporation qualified pursuant to the laws of this State, or othercollateral, approved by the State Board of Examiners, payable to the State ofNevada in such sum and in such manner as the Commission may require,conditioned for the full and faithful performance of the lease, sublease,contract or other agreement.

3. The power and water must not be sold for less thanthe actual cost to the State of Nevada.

4. Except as otherwise provided in subsection 5,before any such sale or lease is made, a notice of it must be advertised in twopapers of general circulation published in the State of Nevada at least once aweek for 2 weeks. The Commission shall require any person desiring to makeobjection thereto to file the objection with the Commission within 10 daysafter the date of the last publication of the notice. If any objection isfiled, the Commission shall set a time and place for a hearing of the objectionnot more than 30 days after the date of the last publication of the notice.

5. The provisions of subsection 4 do not apply to:

(a) Any contract by the Commission to sell supplementalpower to a holder of a long-term firm contract with the State for power if thesupplemental power is procured by the Commission from a prearranged source andis secured by the holder for his own use; or

(b) Any agreement by the Commission to sell short-termor interruptible power on short notice for immediate acceptance to a holder ofa long-term firm contract with the State for power who can take delivery of theshort-term or interruptible power when it is available.

6. Except as otherwise provided in subsection 2 of NRS 538.251, any such lease, sublease,contract or sale of the water or power is not binding upon the State of Nevadauntil ratified and approved by the Governor and, where required by federal law,until approved by the United States.

7. The Commission shall, upon the expiration of acontract for the sale of power which is in effect on July 1, 1993, offer to thepurchaser the right to renew the contract. If the Commission is unable tosupply the amount of power set forth in the contract because of a shortage ofpower available for sale, it shall reduce, on a pro rata basis, the amount ofpower it is required to sell pursuant to the renewed contract.

8. Except as otherwise provided in NRS 704.787, notwithstanding any provisionof chapter 704 of NRS, any purchase of:

(a) Power or water for distribution or exchange, andany subsequent distribution or exchange of power or water by the Commission; or

(b) Water for distribution or exchange, and anysubsequent distribution or exchange of water by any entity to which or withwhich the Commission has contracted the water,

is notsubject to regulation by the Public Utilities Commission of Nevada.

[Part 7:71:1935; A 1943, 209; 1947, 738; 1943 NCL 1443.07](NRS A 1963, 743; 1964, 4; 1965, 405; 1973, 1607; 1975, 42, 43; 1981,913, 1439; 1993, 1110; 1995, 972; 1997, 2011; 2001, 354, 1267, 2087)

NRS 538.186 Entryinto and consultations relating to certain agreements regarding supplementalwater.

1. Notwithstanding the provisions of any other law,the Commission or any other public entity created by or pursuant to the laws ofthis state may enter into:

(a) An agreement to acquire any interest insupplemental water or to forbear the use of that supplemental water; or

(b) An agreement ancillary to an agreement described inparagraph (a),

only as providedin this section.

2. The Commission shall, as early as practicable andon a continuing basis, inform any water purveyor which has or can develop theability to divert supplemental water from the Colorado River of itscommunications with any person or entity, which the Commission believes iscredible and responsible, concerning a specific opportunity to negotiate andenter into an agreement described in subsection 1.

3. Any water purveyor which has or can develop theability to divert supplemental water from the Colorado River shall, as early aspracticable and on a continuing basis, inform the Commission of itscommunications with any person or entity, which the water purveyor believes iscredible and responsible, concerning a specific opportunity to negotiate andenter into an agreement described in subsection 1.

4. If a water purveyor which has or can develop theability to divert supplemental water from the Colorado River notifies theCommission in writing that it wishes to explore a specific opportunity tonegotiate and enter into an agreement described in subsection 1, allinvestigations, consultations and negotiations relating to such an agreementmust be conducted by the Commission and the water purveyor, as nearly as maybe, as a joint undertaking. The Commission and the water purveyor may enterinto an agreement governing the joint undertaking.

5. Notwithstanding any other law:

(a) A public entity described in subsection 1 shall notenter into any agreement described in that subsection unless the Commission isa party to that agreement.

(b) The Commission shall not enter into any agreementdescribed in subsection 1, if a water purveyor will be expected to providemoney necessary for the Commission to perform any financial obligation or otherobligation pursuant to the provisions of the agreement, unless that waterpurveyor is a party to the agreement.

(Added to NRS by 1995, 967)

NRS 538.191 ColoradoRiver Commission Fund; Colorado River Research and Development Account.

1. Except as otherwise provided in the covenants ofbonds issued by the State of Nevada and as provided in subsection 2, allrevenues derived from the sale, lease or use of water or power which become dueto the State of Nevada pursuant to any lease, contract or sale, or otherwise,of water or power obtained from the Colorado River power and water system, andfrom other sources, must be deposited with the State Treasurer for credit tothe Colorado River Commission Fund which is hereby created as a special revenuefund. The interest and income earned on the money in the Fund, after deductingany applicable charges, must be credited to the Fund.

2. There is hereby created the Colorado River Researchand Development Account in the Colorado River Commission Fund for the purposeof defraying the costs of engineering studies, analysis, negotiation and suchother efforts as are, in the opinion of the Commission, necessary and properfor the protection of the interests of this state in the development andacquisition of sources of water and power along and related to the ColoradoRiver and elsewhere. The charge for water and power included in any lease orcontract executed after April 18, 1963, between the Commission and water orpower users must be sufficient in amount to maintain the Colorado RiverResearch and Development Account in addition to defraying the cost to theCommission of water and power delivered. When collected, these additional revenuesmust be deposited with the State Treasurer for credit to the Account. The interestand income earned on the money in the Account, after deducting any applicablecharges, must be credited to the Account.

3. Money in the Fund and Account provided for in thissection must be paid out on claims as other claims against the State are paid,after the claims have been approved by the Commission.

[Part 7:71:1935; A 1943, 209; 1947, 738; 1943 NCL 1443.07](NRS A 1963, 743; 1973, 1608; 1981, 264, 1440; 1983, 1519, 1588; 1991,1786)

NRS 538.196 Interestand income on money in special revenue fund, fund for construction of capitalprojects, trust fund, enterprise fund or agency fund. Theinterest and income earned on any money in a special revenue fund, fund for theconstruction of capital projects, trust fund, enterprise fund or agency fundfor which the Commission is responsible, after deducting any applicablecharges, must be credited to the respective fund.

(Added to NRS by 1983, 1588)

NRS 538.201 Regulations. The Commission may adopt such regulations as are necessaryto carry out the purposes of NRS 538.041to 538.251, inclusive.

[Part 7:71:1935; A 1943, 209; 1947, 738; 1943 NCL 1443.07](NRS A 1963, 744; 1973, 1608; 1975, 44; 1981, 1440; 1989, 928)

NRS 538.206 Issuanceof general obligations: Consultation with State Treasurer; representation ofState before bond credit rating agencies; professional services. Before issuing any general obligation which the Commissionis authorized by law to issue on behalf and in the name of the State of Nevada,the Commission shall consult the State Treasurer. The Chairman of theCommission and the State Treasurer, jointly:

1. Shall represent the State of Nevada in mattersconcerning any nationally recognized bond credit rating agency for the purposesof the issuance of any such obligation.

2. May employ any necessary legal, financial or otherprofessional services in connection with the authorization, sale or issuance ofany such obligation.

(Added to NRS by 1995, 2239; A 1999, 73)

NRS 538.211 Faithand credit of State pledged. If the State ofNevada must purchase or otherwise acquire property, or compensate for damage toproperty, for use in the transmission and distribution of water or electricalpower, the faith and credit of the State of Nevada hereby is irrevocablypledged for the performance and observance of all covenants, conditions,limitations, promises and undertakings made or specified to be kept, observedor fulfilled on the part of the State, in any contract entered into before, onor after July 1, 1981, pursuant to NRS538.161 and 538.186.

[7A:71:1935; added 1947, 444; A 1951, 235](NRS A 1957,66; 1963, 744; 1964, 5; 1965, 406; 1973, 1608; 1975, 44; 1981, 914, 1440; 1995,974; 2001, 2442)

NRS 538.221 Hearings;witnesses; testimony. The Commission may:

1. Hold hearings.

2. Receive and hear objections filed to the grantingof contracts after advertisement.

3. Require the attendance of witnesses.

4. Take testimony whenever it deems it necessary tocarry out the provisions of NRS 538.041to 538.251, inclusive.

[10:71:1935; 1931 NCL 1443.10](NRS A 1973, 1609;1975, 45; 1981, 88, 1441)

NRS 538.226 Wateradministrative and operating budget: Preparation and approval; contents;authorization; administration.

1. The Commission shall prepare and approve a wateradministrative and operating budget. The budget must include all costs andexpenses incurred by the Commission in performing its functions and dutiesrelating to water, except:

(a) The costs and expenses related to any financialobligations or other obligations assumed by the Commission pursuant to anyagreement described in paragraph (a) or (b) of subsection 6 of NRS 538.161.

(b) The costs for any services of an independentcontractor related to a specific opportunity to negotiate and enter into anagreement to acquire any interest in supplemental water from one or moreparticular sources, to the extent all those costs for those opportunitiesduring the period covered by the budget exceed $200,000. This amount may bedecreased or increased as indicated by engineering cost indexes or other costindexes which are applicable to the services used by the Commission.

(c) The costs for any services of an independentcontractor or costs contributed by the Commission for any services of agovernmental agency or its independent contractor, other than the Commission,for studies or the implementation of projects relating to water quality,evaluation or enhancement of ecological habitat or weather modification, to theextent that all those costs for those studies or projects during the periodcovered by the budget exceed $250,000. This amount may be decreased orincreased as indicated by engineering cost indexes or other cost indexes whichare applicable to the services used by the Commission.

(d) Costs which are capitalized in accordance withgenerally accepted accounting principles, except costs for office space andequipment required for the principal place of business of the Commission.

(e) Costs for the operation of any facility whichbelongs to the Commission, except the principal place of business of theCommission.

2. The water administrative and operating budget, andany changes to the budget, must be submitted for authorization in the mannerprescribed by the State Budget Act. If the budget is authorized, the budget ispayable by, and becomes a liability of, each water purveyor in the amount, ifany, to which the budget is allocated to that water purveyor pursuant tosubsection 3.

3. The Commission shall allocate the entire amount ofeach water administrative and operating budget, minus the portion of thatamount which represents the net revenues which the Commission estimates it willreceive pursuant to its contracts from the sale of water during the periodcovered by the budget, among those water purveyors which the Commissiondetermines will directly and substantially benefit from the Commissionsactivities which are related to water during that period. In determining theallocation, the Commission shall consider appropriate factors relevant to thosebenefits. If a water purveyor ceases to exist during the period covered by thebudget, the Commission shall amend and reallocate the budget as necessary.

4. In each fiscal year covered by the wateradministrative and operating budget, each water purveyor to which theCommission has allocated an amount of the budget pursuant to subsection 3 shallpay to the Commission quarterly a portion of the water purveyors totalliability for that fiscal year as billed by the Commission. At least 60 daysbefore the first day of the quarter for which the bill is prepared, theCommission shall submit to each water purveyor a bill for its portion of thetotal amount of the budget due for that quarter. Each water purveyor shall payits bill within 30 days after the bill is submitted by the Commission.

5. Except as otherwise provided in this subsection,the Commission shall apply, within 120 days after the end of the fiscal year,any unexpended balance in the budget at the close of the fiscal year as a creditto that amount allocated among the water purveyors pursuant to subsection 3 forthe next fiscal year. The Commission shall apply that credit to the nextquarterly payments remaining due from each water purveyor, unless theCommission determines it is appropriate to refund the unexpended balance.

6. If in any fiscal year the money payable by a waterpurveyor pursuant to subsection 4 is not received by the Commission when due,that money also becomes the several liability of all public entities who:

(a) Purvey water; and

(b) On the date the budget was approved by theCommission, were members of the water purveyor liable for that money,

inproportion to their liability for the budget of the water purveyor effective onthe date the budget was approved by the Commission.

(Added to NRS by 1995, 968)

NRS 538.231 Applicationand disbursement of revenues. Revenues receivedfrom the sale of power or water or otherwise must be applied and disbursed bythe Commission in the following order:

1. To the payment to the Federal Government of thecost of electrical energy and the generation and delivery thereof in accordancewith bills rendered by the United States.

2. To the payment to other entities of the cost ofwater and the cost of electrical energy and the generation thereof or the costof water or the cost of electrical energy and the generation thereof inaccordance with bills rendered by those entities.

3. To the payment of compensation and expenses of theCommission and all other obligations incurred through performance by theCommission of the duties designated in NRS538.041 to 538.251, inclusive.

4. To the repayment to the State of Nevada of anymoney advanced or appropriated to the Commission if the advancement orappropriation requires repayment to the State, the repayment to be placed inthe State General Fund.

[11:71:1935; A 1943, 209; 1947, 738; 1943 NCL 1443.11](NRS A 1963, 744; 1965, 407; 1973, 1610; 1975, 45; 1981, 1442; 1983,1520; 1995, 975)

NRS 538.241 Dutiesof State Controller and State Treasurer. TheState Controller shall draw his warrants on the funds administered by theCommission for payment of all claims against those funds and the StateTreasurer shall pay them.

[13:71:1935; A 1947, 738; 1943 NCL 1443.13](NRS A1963, 745; 1973, 1610; 1981, 1442; 1983, 1520)

NRS 538.251 Approvalof contracts by Governor.

1. Except as otherwise provided in subsection 2, allcontracts entered into by the Commission pertaining to the sale or purchase ofwater or electrical power, belonging or allotted to or contracted by the Stateof Nevada are not binding upon the State of Nevada until approved by theGovernor.

2. Any contract or agreement by the Commission for thetransmission of electrical power or to sell:

(a) Supplemental power to a holder of a long-term firmcontract with the State for power if the supplemental power is procured by theCommission from a prearranged source and is secured by the holder for his ownuse; or

(b) Short-term or interruptible power on short noticefor immediate acceptance to a holder of a long-term firm contract with theState for power who can take delivery of the short-term or interruptible powerwhen it is available,

does notrequire the approval of the Governor to be binding upon the State.

[Part 1:71:1935; 1931 NCL 1443.01] + [14:71:1935;1931 NCL 1443.14](NRS A 1963, 745; 1965, 407; 1973, 1610; 1981, 915, 1442;1987, 2313; 1989, 926; 1995, 975)

CALIFORNIA-NEVADA INTERSTATE COMPACT COMMISSION

(NRS 538.270 to 538.410, inclusive, were repealed bychapter 65, Statutes of Nevada 1969, p. 89, effective on the effective date ofthe California-Nevada Interstate Compact (NRS538.600). As of October 2003, the Compact had not become effective.)

NRS 538.270 Commissiondefined. As used in NRS 538.270 to 538.410, inclusive, Commission means theCalifornia-Nevada Interstate Compact Commission of the State of Nevada.

[2:153:1955]

NRS 538.280 Creation. There is hereby created the California-Nevada InterstateCompact Commission of the State of Nevada.

[1:153:1955]

NRS 538.290 Composition;qualifications of commissioners.

1. The Commission shall consist of eightcommissioners: The State Engineer, who shall be a nonvoting commissioner, andseven commissioners to be appointed by the Governor.

2. In making such appointments the Governor shallappoint two commissioners from the Walker River Irrigation District; onecommissioner from the Carson River water users above Lahontan Reservoir; onecommissioner from the Truckee-Carson Irrigation District; one commissioner fromthe Washoe County Water Conservation District; one commissioner from the SierraPacific Power Company; and one commissioner from the Lake Tahoe area in Nevada.

3. Each commissioner so appointed must be an electorand a water user or an employee of a water user within the State of Nevada.

[Part 3:153:1955]

NRS 538.300 Termsof commissioners.

1. The tenure of office of the commissioners appointedby the Governor shall be at the pleasure of the Governor, but the terms of thecommissioners appointed by the Governor shall not extend beyond 4 years fromthe date of their several appointments, unless reappointed by the Governor atthe end of the term.

2. The duties of the appointed commissioners shallterminate when an agreement or compact agreed upon by the Commission has beensubmitted to the Legislature of the State of Nevada and has been ratified byit, and also submitted to the Congress of the United States and has beenratified by it.

[Part 3:153:1955]

NRS 538.320 Compensationof commissioners and employees of Commission.

1. Commissioners who are not in the regular employ ofthe State are entitled to receive a salary of not more than $80 per day, asfixed by the Commission, for time actually spent on the work of the Commission,except when a commissioner is employed by the Commission to render special,technical or professional services, in which event the commissioner is entitledto receive fees and expenses commensurate with the service rendered.

2. While engaged in the business of the Commission,each member of the Commission who is not employed by the Commission to renderspecial, technical or professional services and each employee of the Commissionis entitled to receive the per diem allowance and travel expenses provided forstate officers and employees generally.

[4:153:1955](NRS A 1975, 299; 1981, 1987; 1985, 436;1989, 1718)

NRS 538.330 Paymentof expenses. The expenses of carrying out theprovisions of NRS 538.270 to 538.410, inclusive, must be paid out of anappropriate account of the Division of Water Resources of the Department ofConservation and Natural Resources in the State General Fund.

[Part 12:153:1955](NRS A 1985, 721)

NRS 538.340 Expenses;payment of claims.

1. The Commission may incur necessary expenses toeffectuate its purpose.

2. Claims for payment of all expenses incurred by theCommission, including the expenses of the commissioners, shall be made by theOffice of the State Engineer and the State Board of Examiners and paid as otherclaims against the State are paid.

[Part 6:153:1955] + [Part 12:153:1955]

NRS 538.350 Chairmanand secretary of Commission.

1. The Chairman of the Commission shall be selected bythe Commission.

2. The Commission shall appoint a Secretary, who maybe one of the commissioners.

[5:153:1955] + [Part 6:153:1955]

NRS 538.360 Employees. The Commission may employ such agents, attorneys,engineers and other employees as it deems necessary to carry out the functionsof NRS 538.270 to 538.410, inclusive.

[Part 6:153:1955]

NRS 538.370 Dutiesof Attorney General. At the request of theCommission, the Attorney General, or whomever he may appoint, shall aid andassist the commissioners appointed for the State of Nevada whenever necessaryin order to facilitate the work in carrying out the intent and purpose of NRS 538.270 to 538.410, inclusive.

[11:153:1955]

NRS 538.380 Dutiesof Commission relative to interstate waters.

1. It is the function of the Commission to cooperatewith a similar commission representing the State of California in formulatingand submitting to the legislatures of both states and the Congress of theUnited States for their approval an interstate compact relative to thedistribution and use of the waters of Lake Tahoe and the Truckee, Carson andWalker Rivers and their tributaries, and other related matters.

2. The Commission shall also cooperate with any personappointed by the President of the United States to participate in thenegotiations as a representative of the United States and to make a reportthereon to the Congress.

[7:153:1955]

NRS 538.390 Approvalof compact or agreement. No compact or agreementshall be binding on the State of Nevada until it has been approved by the Legislatureof this state and the Congress of the United States.

[8:153:1955]

NRS 538.400 Investigationsof water resources; other powers. The commissionersof the State of Nevada shall have full authority:

1. To make such investigation of the water resourceswithin the basins of the Truckee, Carson and Walker Rivers and Lake Tahoe asmay be necessary in order to determine the facts as to physical conditionsobtaining upon such water resources.

2. To make reports to the Legislature of the State ofNevada.

3. To perform such other duties as may be necessary todetermine sufficiently such facts, and to secure the necessary information inorder that they may properly perform their duties as commissioners of the Stateof Nevada upon the joint commission.

4. To accept grants of money from and to makecontracts with any person or agency, public or private, including the UnitedStates Government, for the purpose of making planning surveys in the area asdetermined by the Commission, and to cooperate with the appropriate federal,state and county agencies in having such planning surveys made.

[9:153:1955](NRS A 1957, 528)

NRS 538.410 Generalpowers and duties. The Commission representingthe State of Nevada on the joint commission shall have full authority:

1. To carry on negotiations for such compact oragreement.

2. To attend meetings of the joint commission wheneverconvened.

3. Generally to perform such duties as shall berequired of the commissioners thereof in carrying out the purpose and intent ofNRS 538.270 to 538.410, inclusive.

[10:153:1955]

COLUMBIA BASIN INTERSTATE COMPACT COMMISSION

NRS 538.420 Creation;number of commissioners. There is herebycreated the Columbia Basin Interstate Compact Commission of the State ofNevada, to consist of three commissioners, one of whom shall be the StateEngineer, and two of whom shall be appointed by the Governor.

[Part 1:218:1951]

NRS 538.430 Termsof office of commissioners. The tenure ofoffice of the commissioners appointed by the Governor shall be at the pleasureof the Governor, but the term of the commissioners appointed by the Governorshall not extend beyond 4 years from the date of their several appointments.

[Part 4:218:1951; A 1955, 87]

NRS 538.450 Compensationof commissioners and employees of Commission; claims for payment of expenses.

1. Commissioners who are not in the regular employ ofthe State are entitled to receive a salary of not more than $80 per day, asfixed by the Commission, for time actually spent on the work of the Commission.

2. While engaged in the business of the Commission,each member and employee of the Commission is entitled to receive the per diemallowance and travel expenses provided for state officers and employeesgenerally.

3. Claims for payment of all expenses incurred by theColumbia Basin Interstate Compact Commission of the State of Nevada, includingthe salary and expenses of its commissioners, must be made by the office of theState Engineer on vouchers approved by the State Engineer and the State Boardof Examiners and paid as other claims against the State are paid.

[Part 4:218:1951; A 1955, 87](NRS A 1975, 299; 1981,1987; 1985, 436; 1989, 1718)

NRS 538.460 Paymentof expenses. The expenses of carrying out theprovisions of NRS 538.420 to 538.520, inclusive, must be paid out of anappropriate account of the Division of Water Resources of the Department ofConservation and Natural Resources in the State General Fund.

[5:218:1951](NRS A 1985, 721)

NRS 538.470 Dutiesof Attorney General. The Attorney General orthe person whom he may appoint shall aid and assist the commissioners appointedfor the State of Nevada whenever necessary in order to facilitate their work incarrying out the intent and purpose of NRS538.420 to 538.520, inclusive.

[6:218:1951]

NRS 538.480 Representationof Nevada on joint commission. The ColumbiaBasin Interstate Compact Commission of the State of Nevada shall represent theState of Nevada on a joint commission composed of commissioners representingthe States of Idaho, Montana, Nevada, Oregon, Utah, Washington and Wyoming, andone commissioner representing the United States of America should such commissionerbe appointed to the joint commission by the President of the United States,which joint commission shall be organized for the purpose of negotiating andentering into a compact or agreement between not less than five of such stateswith the consent of the Congress of the United States respecting the division,lawful diversion, distribution, apportionment and use of the waters of theColumbia River and all streams tributary thereto, including the Snake River andits tributaries, with due regard to the determination of legal rightsappurtenant thereto, and fixing and determining a method of regulation,administration and control of such river and its tributaries.

[Part 1:218:1951]

NRS 538.490 Ratificationand approval of compact or agreement. Anycompact or agreement so entered into on behalf of such states shall not bebinding or obligatory upon any of such states or citizens thereof until andunless the same shall have been ratified and approved by the legislatures of atleast five of such states and by the Congress of the United States; and suchagreement or compact shall not be binding upon any state the legislature ofwhich fails to approve and ratify the same.

[2:218:1951]

NRS 538.500 Generalpowers and duties of Commission. The Commissionrepresenting the State of Nevada on the joint commission shall have full authority:

1. To carry on negotiations for such compact oragreement.

2. To attend meetings of the joint commission whereverconvened.

3. To employ clerical, legal and engineeringassistance.

4. Generally to perform such duties as shall berequired of the commissioners thereof in carrying out the purpose and intent ofNRS 538.420 to 538.520, inclusive.

[Part 4:218:1951; A 1955, 87]

NRS 538.510 Investigationof Columbia River; performance of other duties. Thecommissioners for the State of Nevada shall have full authority:

1. To make such investigations of the Columbia River,including the Snake River and its tributaries, and the drainage thereof, as maybe necessary in order to determine the facts as to physical conditions obtainingupon such river and its tributaries, and of the present and future needs of theState of Nevada and its citizens, to the proper use and benefits of the watersof such river, and its tributaries.

2. To perform such other duties as may be necessary todetermine sufficiently such facts and to secure the necessary information inorder that they may properly perform their duties as commissioners of the Stateof Nevada upon the joint commission.

[3:325:1951]

NRS 538.520 Dutiesof Governor. The Governor of Nevada shalladvise the Governors of the States of Washington, Oregon, Montana, Utah,Wyoming and Idaho of the enactment of NRS538.420 to 538.520, inclusive, andrequest that reciprocal legislation be enacted by such states and that a properresolution or statute be adopted by the Congress of the United States grantingpermission to the States of Washington, Oregon, Montana, Utah, Wyoming, Idahoand Nevada to enter into a compact or agreement respecting the control of thewaters of the Columbia River and its tributaries.

[7:218:1951]

COLUMBIA INTERSTATE COMPACT

NRS 538.530 Ratificationand approval; text. Ratification and approvalis hereby given the Columbia Interstate Compact as signed at the city ofSpokane in the State of Washington on October 3, 1960, by commissioners of theState of Nevada, acting pursuant to authority granted by the provisions of NRS 538.420 to 538.520, inclusive, and the commissionersrepresenting the states of Idaho, Montana, Oregon, Utah, Washington andWyoming, and approved by the representatives of the United States, whichCompact is quoted in full as follows:

 

ARTICLE I. Purposes

 

The purposes of this Compact with respect to the landand water resources of the Columbia River Basin are:

 

A. To facilitate and promote their orderly, integrated andcomprehensive development, use, conservation and control for various purposes.

 

B. To further intergovernmental cooperation and comity withrespect to these resources and the programs for their use and development by,among other things:

 

(1) Providingfor the relationships between certain beneficial uses of water as a practicablemeans of effecting an equitable apportionment thereof, and for means offacilitating and effecting additional interstate agreements with respectthereto; and

(2) Providingan interstate body to consider the various common problems with respect to theuse and development of these resources and to plan for, review and recommendplans for their development.

 

ARTICLE II. Definition of Terms

 

As used in this Compact:

 

A. Columbia River System means the Columbia River and itstributaries within the United States.

 

B. Columbia River Basin means all the drainage area of theColumbia River System within the United States.

 

C. State or member state means a state which hasratified and is a party to this Compact.

 

D. Upstream state means any of the states of Idaho,Montana, Nevada, Utah or Wyoming.

 

E. Downstream state means either of the states of Oregonor Washington.

 

F. Upstream area means all the area of the states ofIdaho, Montana, Nevada, Utah and Wyoming situated within the Columbia RiverBasin, and all those portions of the states of Oregon and Washington situatedwithin the Columbia River Basin, lying east of the summit of the Cascademountains.

 

G. Beneficial consumptive use means any use of watersrecognized as a beneficial use under the law of the member state involved,resulting in a substantial amount of the water diverted being consumed or soused as not to return to the Columbia River System. Such uses include those fordomestic, livestock and municipal purposes, irrigation of land and suchindustrial and other beneficial uses as involve consumptive use of the waterdiverted.

 

H. Nonconsumptive use means any control or use of water inwhich, exclusive of seepage and evaporation of water incidental to its controlor use, the water remains in or returns to the Columbia River Systemsubstantially undiminished in volume. Such uses include use for navigation,flood control, production of hydroelectric power, the maintenance of streamflows for pollution control, fish and wildlife and recreational purposes andsuch industrial and other beneficial uses as result in nonconsumptive use ofthe water involved.

 

I. Government means, severally, the member states and theUnited States.

 

J. Commission means the Columbia Compact Commission asauthorized by this Compact.

 

ARTICLE III. The Columbia Compact Commission

 

A. There is hereby created an agency of the member states,and of each of them, to be known as the Columbia Compact Commission. TheCommission shall be composed of three commissioners from each of the states ofIdaho, Montana, Oregon and Washington, and, if they ratify the Compact, twocommissioners from Wyoming and one each from Nevada and Utah. The commissionersof the respective states shall be designated or appointed in accordance withthe laws of the state which they represent and shall serve and be subject toremoval in accordance with those laws. A commissioner shall be named torepresent the United States, to be designated and to serve as provided by thelaws of the United States.

 

B. Each commissioner of a state shall be entitled to onevote in the Commission. The commissioner of the United States shall serve aschairman of the Commission but shall have no vote. In the absence of anycommissioner, his vote may be cast by another commissioner of his state or byanother representative designated or appointed in accordance with the laws ofthat state if such other commissioner or representative shall have a writtenproxy in such form as may be established by rule of the Commission.

 

C. The requirements as to a quorum for the transaction ofbusiness at any meeting of the Commission shall be as follows:

 

(1) Commencingwith the date the Compact becomes effective as to all seven states named insubdivision A of this Article, the presence in person of twelve or morecommissioners shall constitute a quorum for the transaction of business; such aquorum shall include at least two commissioners, in person, from such of thestates of Idaho, Montana, Oregon and Washington as have appointed or designatedcommissioners. For the duration of any called meeting of the Commission thepresence of a quorum shall be determined at the commencement of such meeting.

(2) If anyduly called meeting is recessed because of a lack of a quorum initially, areconvened meeting may be set by written notice, given in accordance with thebylaws, to all commissioners not less than ten days in advance of suchreconvened meeting. At such reconvened meeting, the requirements for personalattendance by two commissioners from each of the states of Idaho, Montana,Oregon and Washington shall not apply, and the presence of twelve or morecommissioners in person or by proxy shall constitute a quorum.

(3) Commencingwith the date the Compact becomes effective, but before all seven states haveratified; the requirements as to a quorum shall be modified as follows:

(a) Ifonly four or five states have ratified, the phrase nine or more shall besubstituted for the phrase twelve or more in subsections (1) and (2) of thissection C.

(b) Ifonly six states have ratified, the phrase ten or more shall be substitutedfor the phrase twelve or more in subsections (1) and (2) of this section C.

 

D. The requirements as to votes required to carry an actionat any meeting of the Commission shall be as follows:

 

(1) Commencingwith the date the Compact becomes effective as to all seven states named insection A of this Article, any action by the Commission shall be effective onlyif it be carried by a vote of twelve or more of the voting membership of theCommission.

(2) Commencingwith the date the Compact becomes effective but before all seven states haveratified, the requirements as to votes necessary for Commission action shall bemodified as follows:

(a) Ifonly four or five states have ratified, the phrase nine or more shall besubstituted for the phrase twelve or more in subsection (1) of this sectionD.

(b) Ifonly six states have ratified, the phrase ten or more shall be substitutedfor the phrase twelve or more in subsection (1) of this section D.

 

E. The Commission shall meet to establish its formalorganization within ninety (90) days of the effective date of this Compact,such meeting to be at the call of the chairman or by a majority of thecommissioners then appointed or designated. The Commission shall then adopt itsinitial set of bylaws providing for, among other things: the adoption of aseal, the management of its internal affairs and the authority and duties ofits officers. The Commission shall also then elect from among its members avice-chairman and treasurer to serve for the first full or part annual term,these offices to be filled thereafter from among Commission members by annualelections. The Commission shall appoint an executive director, who shall alsoact as secretary, to serve at the pleasure of the Commission and at suchcompensation and under such terms and conditions as it may fix. The executivedirector shall be the custodian of the records of the Commission with authorityto affix the Commissions official seal and to attest to and certify suchrecords or copies thereof.

 

F. The executive director, subject to the approval of theCommission in such cases as its bylaws may provide, shall, without regard tothe provisions of the civil service laws of any member state or of the UnitedStates, appoint and remove or discharge such engineering, legal, expert,clerical and other personnel as may be necessary for the performance of theCommissions functions; may fix their compensation and define their duties; andrequire bonds of such of them as the Commission may designate.

 

G. The Commission may:

 

(1) Borrow,accept, or contract for the services of personnel from any government, agencythereof or any intergovernmental agency.

(2) Acquireby purchase or otherwise, hold and dispose of such real and personal propertyas may be necessary or convenient in the performance of its functions.

(3) Establishand maintain one or more offices for the transaction of its business.

 

H. The Commission and its executive director shall makeavailable to the member states or the United States any information in itspossession at any time and shall provide free access to its records duringestablished office hours to duly authorized representatives of member states orthe United States or to any interested person.

 

I. The Commission shall make and transmit annually to thelegislative bodies and executive head of each government, a report covering theactivities of the Commission for the preceding year and embodying such plans,recommendations and findings as may have been adopted by the Commission. TheCommission may issue such additional reports as it may deem desirable.

 

J. All meetings of the Commission shall be open to thepublic.

 

ARTICLE IV. Finance

 

A. The compensation and expenses of each commissioner shallbe fixed and paid by the government which he represents. All other expensesincurred by the Commission in the course of exercising the powers conferredupon it by this Compact shall be paid by the Commission out of its own funds.

 

B. The Commission shall submit to the executive head ordesignated officer of each member state for presentation to its legislature a budgetof its estimated expenditures. This budget shall contain specificrecommendations of the amount to be appropriated by each of the member states.The time of submission and the fiscal period of the Commissions budget shallconform as nearly as possible to the requirements of the laws of the memberstates.

 

C. The Commission shall, at the initial organizationalmeeting after this Compact becomes effective, or as soon thereafter as ispracticable, establish the initial fiscal period and shall establish the budgetof expenditures for this initial period. The budget for the initial period, ifit be a full biennium, shall be not less than $65,000.00. If the initial fiscalperiod is only a portion of a biennium, the minimum budget therefor shall bethe proportion of $65,000.00 derived by applying thereto the ratio that theinitial period bears to a full biennium. The respective shares of the budgetfor the initial fiscal period shall be as follows:

 

MemberState Percentof Budget

 

Idaho................................................................................................................. 23.5

Montana........................................................................................................... 23.5

Nevada................................................................................................................ 2.0

Oregon.............................................................................................................. 23.5

Utah..................................................................................................................... 2.0

Washington..................................................................................................... 23.5

Wyoming............................................................................................................ 2.0

 

If any of the states of Nevada, Utah or Wyoming fail toratify during the initial period, the total budget for that period shall bereduced by the amount of the share of the state failing so to ratify, but theamounts to be paid by the other states shall remain unchanged.

 

D. Subsequent budgets shall be recommended by the Commissionand the amounts shall be allocated among the member states. The shares ofIdaho, Montana, Oregon and Washington shall be equal and in no event shall theshare of Wyoming exceed three per cent (3%), the share of Nevada exceed two percent (2%) and the share of Utah exceed one per cent (1%) of the total budgetfor any fiscal period.

 

E. The Commission shall not pledge the credit of anygovernment except by and with the authority of the legislative body thereofgiven pursuant to and in keeping with the Constitution of said government. TheCommission shall not incur any obligations prior to the availability of fundsadequate to meet the same.

 

F. The Commission shall keep accurate accounts of all receiptsand disbursements. The receipts and disbursements of the Commission shall beopen for examination or audit by any member state but the Commission shall notbe required to adopt the auditing or accounting procedures of any particularstate. All receipts and disbursements of funds handled by the Commission shallbe audited yearly by an independent certified public accountant and the reportof the audit shall be included in and become a part of the annual report of theCommission.

 

G. The accounts of the Commission shall be open for publicinspection during established office hours.

 

ARTICLE V. General Powers

 

The Commission shall have power when authorized by suchmajority vote as provided by Article III hereof:

 

A. To collect, correlate and report on data relating topresent and potential uses of water and other related resources of the ColumbiaRiver Basin and relating to available sources of water for use in the ColumbiaRiver Basin; conduct investigations and surveys to determine the extent ofthose resources and the nature of the problems involved in their present andfuture development and management; and recommend plans and programs for theirdevelopment.

 

B. To undertake itself, or in cooperation with governmentsor agencies thereof or other entities, with respect to the Columbia River Basinthe review of all plans for the construction of works authorized orreauthorized to be undertaken after the effective date of this Compact forflood control, navigation, power development, irrigation, or other water use ormanagement which involve facilities having capacity for the diversion or use offlows of more than 200 cubic feet per second or the capacity to store at anytime more than 25,000 acre-feet of water and which are proposed to beundertaken pursuant to laws of the United States, whether under permissiongranted by the United States, by means of financing in whole or in part by theUnited States, or otherwise.

 

C. To appear and make recommendations before appropriategovernmental or intergovernmental agencies or other entities in public hearingsor otherwise, in connection with any plans, projects or programs.

 

D. To collect, correlate and publish water facts necessaryfor the purpose of this Compact directly or in cooperation with anygovernmental or intergovernmental agencies or other entities.

 

E. To cooperate with the International JointCommissionUnited States and Canada, the appropriate agencies of Canada and theProvince of British Columbia, as well as with agencies of the member states andthe United States and with other entities, in studies, plans andrecommendations with respect to any project which may have a substantial effecton the uses of waters of the Columbia River and its tributaries that are ofinternational concern.

 

ARTICLE VI. Storage in Upstream States and Allocationof Power

 

A. It is to the best interests of the region that powerprojects be constructed in sufficient number and with sufficient speed andcapacity to meet the energy requirements of the region as those requirementsarise so that there will always be a pool of available energy for thedevelopment of the region.

 

B. Maximum utilization of storage is important to the fulldevelopment of the region and to control floods. Downstream states desireassistance from upstream states in achieving this control of the Columbia RiverSystem. Before giving such assistance, the upstream states wish to be assuredof a reasonable reservation of power, without regard to their existing powerneeds, in order to meet future requirements.

 

C. So far as the states are concerned, by ratification ofthis Compact:

 

(1) It isthe declared purpose and intent of the member states that there shall be a fairand equitable allocation of the hydroelectric power developed in the ColumbiaRiver Basin.

(2) Themember states recognize that full development and utilization of the waters ofthe Columbia River Basin requires storage reservoirs in the upstream states andthe member states concur in and will use their best efforts to achieve a planfor storage which would control maximum flows of the river to no more than600,000 cubic feet per second measured at The Dalles gauging station during arunoff period no greater than that experienced in 1894.

(3) Themember states recognize that on federally developed storage projects locatedwholly or partly in upstream states a reservation shall be made of theequivalent of a major part of the at site power and energy for use in meetingfuture needs of such state or states without regard to their existing energy requirements.At site power and energy means an annual amount of power and energy, equal tothe quantity of system firm (prime) power and energy which such project wouldbe capable of producing at site as an addition (determined as of the date ofrecommendation) to the system firm (prime) power and energy, when operated toproduce maximum coordinated benefits to the system, assuming full release ofall storage water during the systems drawdown period with stream flows in theColumbia River Basin as at the historical minimums.

 

ARTICLE VII. Apportionment of Water and RelatedMatters

 

A. So far as the states are concerned, all waters of theColumbia River System shall be available for appropriation for beneficialpurposes under and to the extent permitted by the laws of the states involved,but, except for the provisions in this subdivision A relating to certainrelationships between consumptive and nonconsumptive uses, no apportionment ofwaters or determination of rights to the use thereof is made by this Compact.

So far as the states are concerned, rights to beneficialconsumptive uses of water within the upstream area, whether establishedheretofore or hereafter under the laws of the states involved, shall berecognized up to the average annual depletions shown in Plate 7 of the Report ofthe North Pacific Division, U.S. Army Engineers dated 1, June, 1958, asagainst, and shall not be limited by, any rights, existing or future, to thequantity of such waters for nonconsumptive uses.

In the case of a stream situated wholly within a downstreamstate and tributary to the Snake River or to the Columbia River, however, therelationships as between nonconsumptive use rights appurtenant to a developmentlocated thereon and consumptive use rights as to the waters of such a tributaryupstream from that development shall be governed by the laws of that statewithout regard to the foregoing limitations of this subdivision.

 

B. No waters of the Columbia River System shall be divertedout of the Columbia River Basin for use for any purpose except with theapproval of all of the member states, but this provision shall not affectrights so to divert which are existing on the effective date of this Compact.

 

C. The member states hereby designate, appoint and empowertheir commissioners to draft, negotiate and propose any and all compactsapportioning waters of any tributary stream forming part of the Columbia RiverSystem among or between the states through which said tributary stream flows,or amendments to this Compact. Any such supplementary compacts or amendments tothis Compact negotiated as herein provided shall become effective upon approvalby the Commission, ratification by the legislatures of the member states partythereto, and consent thereto by the Congress.

 

D. All interstate compacts affecting the waters of theColumbia River System which are in effect as of the date this Compact becomesoperative shall remain unaffected hereby.

 

E. In the event this Compact is terminated, any right to thebeneficial consumptive use of water which, prior to the date of termination, isrequired to be recognized under the provisions of this Compact shall continueto be recognized after such termination to the extent herein provided. Unlessotherwise expressly provided in a supplemental compact, made pursuant to theprovisions of subdivision C of this article, no such right required to berecognized as of the effective date of such supplement shall be impaired bysuch supplemental compact.

 

ARTICLE VIII. Pollution Control

 

A. The states and the United States recognize that the rapidincrease of the population of the Columbia River Basin and the growth ofindustrial, mining, and related activities within that area can lead to suchpollution of the waters of the Columbia River System as might constitute amenace to the health and welfare of the people. The states and the UnitedStates further recognize that maintenance and improvement of the quality of thewaters of the Columbia River System require cooperative action and thatpollution abatement and control are essential to the proper realization of theobjectives of this Compact and to the safe, profitable, and efficient multipurposeuse of the waters of said Columbia River System.

 

B. In addition to the powers enumerated in Article V, itshall be the duty of the Commission and the Commission shall have power:

 

(1) Toengage in such investigations, analyses or other appropriate means as aredeemed necessary to obtain, coordinate, tabulate and summarize technical andother data on the pollution of the waters of the Columbia River System or anyportion thereof and on the character and condition of such waters and the needsof the Columbia River Basin for improved water quality; and to prepare reportsthereon at such times as may be deemed advisable by the Commission.

(2) Tocooperate with governments or agencies thereof or other entities for thepurpose of promoting uniform laws, rules or regulations for the abatement andcontrol of pollution of the waters of the Columbia River System or any portionthereof, and to make, revise and recommend to the governments water qualityobjectives necessary to protect the public health, public water supplies,propagation of fish and aquatic life and wildlife, recreational purposes, andagricultural, industrial and other uses.

(3) To disseminateto the public, by any and all appropriate means, information respectingpollution abatement and control in the waters of the Columbia River System orany portion thereof and on the harmful and uneconomic results of suchpollution.

 

C. Each state shall have the primary obligation andresponsibility to take appropriate action under its own laws to abate andcontrol interstate pollution, which is defined as the deterioration of thequality of the waters of the Columbia River Basin within the boundaries of suchstate which materially and adversely affects beneficial uses of waters of theColumbia River Basin in other states. Upon complaint to the Commission by thestate water pollution control agency of one state that interstate pollutionoriginating in another state or states is not being prevented or abated, theprocedure shall be as follows:

 

(1) TheCommission shall call a hearing, giving not less than 30 days notice in writingthereof to the water pollution control agencies of the states involved and toeach person or entity which the Commission finds is charged with causing suchinterstate pollution.

(2) Suchhearing shall be held in accordance with rules and regulations prescribed bythe Commission.

(3) At theconclusion of such hearing, the Committee shall make a finding as to whetherinterstate pollution exists, and if so, shall recommend to the appropriateagency that action be taken under State or Federal law to abate or correct suchinterstate pollution.

 

D. The water pollution control agencies of the member statesshall from time to time, make available to the Commission all data relating tothe quality of the waters of the Columbia River Basin which they possess as theresult of studies, surveys and investigations thereof which they may have made.

 

ARTICLE IX. Fish and Wildlife and Recreation

 

A. In the exercise of the powers and functions conferred onthe Commission, it shall be the policy of the Commission to prepare and reviewplans for development and application of measures for preventing damage to andenhancing the fish and wildlife and recreational resources of the ColumbiaRiver Basin and to cooperate with all agencies charged with the responsibilityfor protecting and fostering these resources.

 

B. In the furtherance of this policy the Commission shall:

 

(1) Submitpertinent information to, and receive recommendations from official agencies ofthe governments having jurisdiction or otherwise affected, with respect toprojects and programs in which the Commission may be concerned.

(2) Takinginto consideration recommendations of governmental agencies responsible forfish and wildlife administration, recommend appropriate steps to assure that,in all projects which are within the purview of the Commission, effective fishand wildlife protective facilities or compensatory measures as required by thelaws of the member states, shall be incorporated into water use developments;that the costs thereof including operation and maintenance be included as apart of the cost of said projects; and that the responsibility for theprovision of such effective fish and wildlife protective facilities orcompensatory measures as are recommended as a part of the project plan shallcontinue beyond completion of construction of the individual projects. The fishand wildlife facilities and compensatory measures referred to in this articlemay include physical installations located elsewhere than at the actual site ofthe project.

(3) Inconnection with projects coming within the purview of the Commission, givingproper recognition to recreational and fish and wildlife values by recommendingsuch steps as may be necessary and practicableto protect or developrecreational resources; to assure the maintenance of necessary minimum streamflows, reliable and adequate pool levels, and allocation of water for fish andwildlife protective or compensatory facilities, and for the regulation of suchstream flows and pool levels so as to conform to sound fish and wildlifemanagement practices.

 

ARTICLE X. Rules and Regulations

 

The Commission shall have the power to adopt and issuebylaws, rules and regulations to effectuate the purposes of this Compact, as inits judgment may be appropriate. The Commission shall publish its bylaws, rulesand regulations in convenient form, but shall not be subject to the proceduralrequirements of any particular state.

 

ARTICLE XI. Existing Rights Recognized

 

Nothing in this Compact shall be deemed:

 

(1) Toimpair or affect any rights, powers or jurisdiction of the United States, orthose acting by or under its authority, in, over and to the waters of the ColumbiaRiver Basin, except as otherwise provided by the Federal legislation requiredfor the implementation of this Compact.

(2) Toaffect the obligation of the United States to the Indians and Indian tribes, orany right owned or held by or for Indians or Indian tribes which is subject tothe jurisdiction of the United States.

(3) Toimpair or affect the capacity of the United States, or those acting by or underits authority, to acquire in accordance with the laws of the state involvedrights in and to use of waters of the Columbia River Basin.

(4) Tosubject any property of the United States, its agencies or instrumentalities,to taxation by any member state or subdivision thereof.

(5) Tosubject any property of the United States, its agencies or instrumentalities,to the laws of any member state to any extent other than the extent those lawswould apply without regard to this Compact, except as otherwise provided by theFederal legislation required for the implementation of this Compact.

(6) Toaffect the applicability of the laws of any member state with respect to waterrights properly claimed thereunder, except to the extent that the applicabilityin a given case would be inconsistent with the provisions of this Compact.

(7) Toaffect adversely the areas of Mount Rainier, Glacier, Yellowstone, or GrandTeton National Parks or Craters of the Moon, Fort Vancouver or Whitman NationalMonuments or to limit the operation of laws relating to the preservationthereof.

 

ARTICLE XII. Termination

 

This Compact shall remain in full force and effectunless and until terminated by action of the legislatures of the states ofIdaho, Montana, Oregon and Washington which action is consented to and approvedby the Congress of the United States; provided, that in the event of anytermination all rights theretofore established hereunder or recognized herebyshall continue to be recognized as valid notwithstanding such termination.

 

ARTICLE XIII. Severability

 

The provisions of this Compact shall be severable. Ifany phrase, clause, sentence, or provision of this Compact is declared to becontrary to the constitution of any government or the applicability thereof toany government or agency thereof or other entity or to any circumstance is heldinvalid, the validity of the remainder of this Compact and the applicabilitythereof to any government or agency thereof or other entity or to any othercircumstance shall not be affected thereby, unless it is authoritatively andfinally determined judicially that the remaining provisions cannot operate forthe purposes, or substantially in the manner, intended by the member statesindependently of the portions declared to be unconstitutional or invalid.

 

ARTICLE XIV. Ratification and Effective Date

 

A. This Compact shall become effective and binding when ithas been ratified by the legislatures of the states of Idaho, Montana, Oregonand Washington, and when consented to by an Act of the Congress of the UnitedStates, which will, in substance, provide that the United States, or any agencythereof, or any nonfederal entity acting under any future license or otherauthority granted under the laws of the United States, in connection with watercontrol or use projects located wholly or partly in a downstream state shall begoverned by the following limitation:

 

Rights to beneficial consumptiveuses within the upstream area, whether established heretofore or hereafterunder applicable laws, shall be recognized as against any rights, existing orfuture, to such waters for nonconsumptive uses by projects located wholly orpartly within a downstream state, to the extent that average annual depletionsresulting from such upstream consumptive uses above any property or authorizedstructure of the United States, located wholly or partly in a downstream state,were assumed in Plate 10 of Report of the Division Engineer Volume I of HouseDocument No. 531, 81st Congress, 2nd Session, and to the extent any additionaldepletions subsequently are recognized by the Congress as the basis ofoperation of existing projects, or as the basis for authorization of additionalor revised projects.

 

B. If this Compact becomes effective in accordance with theabove provision, it shall also become effective and binding as to any of thestates of Nevada, Utah or Wyoming if ratified by the legislature of any suchstate.

(Added to NRS by 1961, 237)

NRS 538.540 Governorto give notice of states ratification. TheGovernor shall give notice of the ratification of the Columbia InterstateCompact by the Nevada Legislature to the governors of the states of Idaho,Montana, Oregon, Utah, Washington and Wyoming and to the President of theUnited States.

(Added to NRS by 1961, 248)

NRS 538.550 Governorto appoint Commissioner to represent State on Columbia Compact Commission. Within 30 days after the Compact becomes effective, theGovernor shall, in compliance with Article III of the Compact, appoint oneCommissioner for the State at large to represent the State of Nevada on the ColumbiaCompact Commission established under Article III of the Compact.

(Added to NRS by 1961, 248; A 1981, 68)

NRS 538.560 Compensationof Commissioner; claims for payment of expenses.

1. The Commissioner appointed pursuant to NRS 538.550, if not in the regular employof the State, is entitled to receive a salary of not more than $80 per day, asfixed by the Commission, for time actually spent on the work of the Columbia CompactCommission.

2. If the Commissioner is in the regular employ of theState, he is not entitled to additional compensation.

3. While engaged in the business of the Commission,the Commissioner is entitled to receive the per diem allowance and travelexpenses provided for state officers and employees generally.

4. Claims for payment of all expenses incurred by theCommissioner must be made by the Office of the State Engineer on vouchersapproved by the State Engineer and the State Board of Examiners and paid asother claims against the State are paid.

(Added to NRS by 1961, 248; A 1977, 146; 1981, 1988;1985, 436; 1989, 1718)

NRS 538.570 Dutiesof state officers; cooperation.

1. All officers of this state shall do all thingsfalling within their jurisdictions necessary or incidental to carrying out theprovisions of the Compact.

2. All officers, departments and persons of and in thegovernment and administration of this state shall, upon the request of theColumbia Compact Commission, furnish the Commission with information and datapossessed by them and aid the Commission by any means within their legalpowers.

(Added to NRS by 1961, 249)

CALIFORNIA-NEVADA INTERSTATE COMPACT

NRS 538.600 California-NevadaInterstate Compact: Ratification and approval; text. TheLegislature of the State of Nevada hereby ratifies and approves theCalifornia-Nevada Interstate Compact as set forth in this section. Theprovisions of the Compact shall become the law of this state upon the compact becomingoperative as provided in Article XXII of the Compact. The provisions of theCalifornia-Nevada Interstate Compact are as follows:

 

ARTICLE I. Purposes

 

Consistent with the provisions of the authorizationActs of the State of California and the State of Nevada and the United States,the major purposes of this compact are to provide for the equitableapportionment of water between the two states; to promote interstate comity andto further intergovernmental cooperation; to protect and enhance existingeconomies; to remove causes of present and future controversies; to permit theorderly integrated and comprehensive development, use, conservation and controlof the water within the Lake Tahoe, Truckee River, Carson River, and WalkerRiver Basins.

 

ARTICLE II. Definitions

 

A. The terms California and Nevada shall meanrespectively the State of California and the State of Nevada.

B. The term commission shall mean the administrativeagency created by Article IV of this compact.

C. The term Lake Tahoe Basin shall mean the drainagearea naturally tributary to Lake Tahoe including said Lake or to the TruckeeRiver upstream from the Truckee River intersection with the western boundary ofSection 12, Township 15 North, Range 16 East, Mount Diablo Base and Meridian.

D. The term Truckee River Basin shall mean the areawhich naturally drains into the Truckee River and its tributaries and intoPyramid Lake including such lake, but excluding the Lake Tahoe Basin.

E. The term Carson River Basin shall mean the areawhich naturally drains into the Carson River and its tributaries and to theCarson River Sink, but excluding the Humboldt River drainage area.

F. The term Walker River Basin shall mean the areawhich naturally drains into the Walker River and/or Walker Lake upstream fromthe intersection of the river and/or lake in Mineral County, Nevada, with thenorthern township line of Tier 10 North, Mount Diablo Base Line.

G. Except as otherwise expressly provided in thiscompact the terms existing, present and presently shall mean as of 1964.

H. The term effective date of the compact shall bethe date on which the legislation provided for in Article XXII (1) and (2)shall become law.

I. Measured means the determination of the relevantamount of water in cubic feet per second or gallons per minute or acre-feet bythe use of a current meter, rated weir, rated flume, pipeline water meter,computation from contour maps, or any other method which results in areasonably accurate determination based on sound engineering practices.

 

ARTICLE III. Sovereign Relationship

 

A. Each state shall have jurisdiction to determine,pursuant to its own laws, the rights to the use of waters allocated to itherein; provided, however, that the right to use such water shall be limited tosuch quantities of water as shall reasonably be required for the beneficial useto be served and shall not extend to the waste or unreasonable use of water.Such provision shall not be construed to affect the water rights laws of eitherstate with respect to any waters, other than the waters allocated to the statehereunder. Each state will recognize and accept applications for such permits,licenses or other permissions as are required by the law of the state where theapplication is filed to enable the other state to utilize water allocated tosuch other state. This provision shall neither require nor prohibit the UnitedStates of America from complying with provisions of state law relating to theappropriation of water allocated to the states by this compact.

B. Each state shall cooperate with the other insecuring to each the right to fully utilize the rights and privileges grantedand waters allocated to each hereunder.

C. The use of water by the United States of America orany of its agencies, instrumentalities or wards shall be charged as a use bythe state in which the use is made.

 

ARTICLE IV. The California-Nevada Compact Commission

 

A. Creation and Composition

1. There is hereby created an interstate compactcommission to be designated as the California-Nevada Compact Commission hereinreferred to as the commission.

2. The commission shall consist of five members fromeach state and one member as representative of the United States chosen by thePresident of the United States who is hereby requested to appoint such arepresentative. The United States member shall be ex officio chairman of thecommission without vote and shall not be a domiciliary of or reside in eitherstate.

(a) The California members of the commission shallconsist of the Director of the Department of Water Resources of the State ofCalifornia, and four (4) members appointed by the Governor of California, allof whom shall be residents of the State of California. One of the four membersso appointed shall be a resident of the Lake Tahoe Basin, one shall be aresident of the Truckee River Basin, one shall be a resident of the WalkerRiver Basin and one shall be a resident of the Carson River Basin.

(b) The Nevada members of the commission shall consistof the State Engineer of the State of Nevada (who additionally shall representall Nevada areas not otherwise represented as herein provided), and four (4)members appointed by the Governor of Nevada, each of whom shall be a residentof the State of Nevada and represent a specific area therein as below defined,provided that the Governor shall not appoint any person a member of suchcommission if he determines that such person has a conflicting interest inCalifornia. One of the four members so appointed shall be a resident realproperty owner within and represent the Reno-Sparks metropolitan area(including adjacent agricultural area) and be fully qualified by knowledge andexperience in connection with the water requirements and supply for such area;the other three members so appointed shall be representative of the commoninterest and goals of all water users of the area and each shall have broadpractical experience in water management, and one shall be a resident realproperty owner within and represent the Walker River Basin in Nevada, anothershall be a resident real property owner within and represent the Carson RiverBasin in Nevada upstream from Lahontan Reservoir, and the third shall be aresident real property owner within and represent the area within theTruckee-Carson Irrigation District in Nevada.

3. The term of office of the four members of thecommission appointed by each Governor shall be four (4) years. The Governor ofeach state, upon appointment of the first members of the commission, shalldesignate one member of the commission to serve for a period of one year, onemember to serve for a period of two years, one member to serve for a period ofthree years, and one member to serve for a period of four years. Thereafter,members shall be appointed for the regular term of four years as the termsexpire.

4. Interim vacancy, for whatever cause, in the officeof any member of the commission shall be filled for the unexpired term in thesame manner as hereinabove provided for regular appointment.

5. The appointed members of the California-NevadaCompact Commission shall be designated within ninety (90) days after theeffective date of the compact. Within thirty (30) days after such members havebeen appointed and the federal representative designated, the commission shallmeet and organize.

B. Finances

1. The salaries and the personal expenses of eachmember of the commission shall be paid by the government he represents. Allother expenses which are incurred by the commission incident to theadministration of this compact and which are not paid by the United States orby other funds received by the commission shall be borne equally by the twostates.

2. The commission shall adopt a budget covering thecommissions estimate of its expenses for each of the following two fiscalyears; provided, that whenever the legislatures of both states appropriatefunds on an annual basis the commission shall submit its budget on such annualbasis. The commission shall submit said budget to the Governors of the twostates for joint review and approval and to the President of the United Statesat the earliest date prescribed by the two states for submission of proposedbudgets. Each state shall appropriate one-half of the funds necessary to meetsaid budget requirements, which appropriations shall be made available to thecommission as of July 1 of each fiscal year for such fiscal years operations.All unexpended and unencumbered funds from such appropriations shall bereturned by the commission in equal proportions to the states to the credit ofthe state fund from which said appropriation was made. All receipts anddisbursements of funds handled by the commission shall be subject to a jointaudit by the states and the report of said audit shall be included, and becomea part of the annual report of the commission.

3. The commission shall not pledge the credit of anygovernment except by and with the authority of the legislative body thereofgiven pursuant to and in keeping with the Constitution of said government. Thecommission shall not incur any obligations prior to the availability of fundsadequate to meet the same.

4. The commission shall make and transmit to theLegislature and Governor of each state and to the President of the UnitedStates an annual report covering the finances and activities of the commissionand embodying such plans, recommendations and findings as may have been adoptedby the commission.

C. Meetings and Voting

1. A quorum for any meeting of the commission shallconsist of six members of the commission, provided that at least three membersare present from each state.

2. All meetings of the commission for theconsideration of and action on any matters coming before the commission, exceptmatters involving the management of internal affairs of the commission and itsstaff, or involving litigation in which the commission is a party, shall beopen to the public. Matters coming within the exception of this paragraph maybe considered and acted upon by the commission in executive session under suchrules and regulations as the commission may see fit to establish.

3. Each state shall have but one vote and everydecision, authorization, determination, order or other action shall require theconcurring votes of both states, provided that no state shall vote on anyaction without the concurring vote of not less than three members of thecommission from such state.

D. General Powers

The commission shall have power to:

1. Adopt, amend and revoke bylaws, rules andregulations and prescribe procedures for administration of the provisions ofthis compact.

2. Establish such offices as it deems necessary, andacquire and hold property either by purchase, lease or otherwise as may benecessary for the performance of its functions under this compact.

3. Employ engineering, legal, clerical and other aidas in its judgment may be necessary for the performance of its functions. Suchemployees shall be paid by and be responsible to the commission and shall notbe considered to be employees of either state. The commission may establishworkmens compensation benefits directly or by insurance. The commission isauthorized to contribute to the cost of health and accident insurance for itsemployees to the same extent as either state contributes to the cost of suchinsurance for its employees.

4. Perform all functions required of it by thiscompact and to do all things necessary, proper or convenient in the performanceof its duties hereunder, either independently or in cooperation with any state,federal or local agency or other entity or person.

5. Make such findings as are pertinent to this compactincluding but not limited to findings as to the quantities of water being usedin either state, the amount of water available for use pursuant to theallocations made herein, and each states share of the waters allocated.

6. Install and maintain measuring devices of a type ortypes approved by the commission in any stream, lake, reservoir, ditch, pumpingstation or other diversion works on the Truckee, Carson or Walker Rivers or onLake Tahoe, or on waters tributary thereto, or to require water users at theirexpense to install and maintain measuring devices, as the commission maydetermine necessary or proper to carry out the purposes or provisions of thiscompact. The execution and enforcement of such requirements concerning suchmeasuring devices as shall be enacted by the commission shall be accomplishedby the commission directly, or by such federal, state, local or other officialor person as the commission may delegate, or by any other agency responsible toor representing a federal court.

7. Accept gifts of money or real property or anythingof value.

8. Appoint a hearing examiner or examiners who may bemembers of the commission to conduct hearings and to make recommendations tothe commission on any matter requiring a hearing and decision by thecommission.

9. Obtain a right of access to all properties in theLake Tahoe, Truckee River, Carson River and Walker River Basins whenevernecessary for the purpose of administration of this compact. The commission mayobtain a court order to enforce this right of access.

10. Take such action as it deems appropriate for theenforcement of the provisions of this compact.

11. Administer oaths or affirmations and to compel theattendance of witnesses and the production of documents by the use of subpoenawhich may be served anywhere within the territorial limits of the UnitedStates; said power to administer oaths and affirmations and to compel theattendance of witnesses and the production of documents by the use of subpoenamay also be exercised by any hearing examiner appointed as provided insubsection 8 of this Section D.

12. Contract with the appropriate agency of eitherstate, including the retirement system, to provide retirement and otherbenefits to commission employees.

E. Whenever the public health or welfare isendangered, the commission may declare the existence of an emergency and, insuch event, shall designate the location, nature, cause, area, extent andduration thereof. In the event of an emergency so declared, the commission may,with respect to all matters covered by this compact, do all things necessary,proper or convenient independently or in cooperation with any other agency,person, or entity, to initiate, carry on, and complete any and all remedialmeasures required to meet said emergency including the adoption and enforcementof any regulations and restrictions necessary for such purpose.

 

ARTICLE V. Lake Tahoe Basin

 

A. The right of the United States or its agent tostore waters in Lake Tahoe between elevations 6,223.0 and 6,229.1 feet (LakeTahoe datum) and to release said stored waters for beneficial uses downstreamfrom Lake Tahoe Basin is hereby ratified and confirmed subject to the rightsgranted in Section D of this article.

B. It is agreed by the states subject to the consentof the head of the federal agency having jurisdiction thereof, that an overflowweir of approximately 140 feet in length with a crest elevation of 6,223.0feet, Lake Tahoe datum, upstream from the Lake Tahoe outlet gates shall beconstructed and installed with necessary channel improvements within four yearsfrom the effective date of this compact provided that should the commissiondecide that it is in the best interests of each of the two states, it mayextend such period for such additional period or periods as it may deem reasonable.The cost of this installation shall be borne by the States of California andNevada in equal amounts. As used herein, Lake Tahoe datum shall be measuredwith respect to the top surface of the hexagonal brass bolt seven-eighths inchin diameter, projecting one inch from the vertical face of the southerlyconcrete abutment wall of the present existing Lake Tahoe Dam, at approximately3.2 feet below the top of the wall and approximately in line with the upstreamends of the cutwaters of the concrete piers between the sluiceways of the dam.This surface of the brass bolt is presumed for the purposes of the compact tohave an elevation 6,230.0 feet Lake Tahoe datum, notwithstanding that it wasdetermined by the U.S. Geological Survey on November 15, 1960, to be at anelevation of 6,228.86 feet above sea level datum of 1929.

C. The storage rights in Lake Tahoe shall be operatedalone or in conjunction with other reservoirs so as to minimize the period andduration of high and low water elevations in Lake Tahoe, provided thatexchanges of water or releases between Lake Tahoe and other reservoirs shallnot measurably impair the intended purpose of such reservoirs.

D. Upon construction of the overflow weir provided forin Section B of this article, the total annual gross diversions for use withinthe Lake Tahoe Basin from all natural sources including ground water and underall water rights in said basin shall not exceed 34,000 acre-feet annually, ofwhich 23,000 acre-feet annually is allocated to the State of California for usewithin said basin, and 11,000 acre-feet annually is allocated to the State ofNevada for use within said basin. After use of the water allocated herein,neither export of the water from the Lake Tahoe Basin nor the reuse thereofprior to its return to the lake is prohibited. This allocation is conditionedupon the construction of the overflow weir; however, it is recognized thatthere may well be a period of time between the effective date of the compactand the construction of the overflow weir; during that period of time bothstates shall be permitted to use waters within the Lake Tahoe Basin subject tothe same conditions, both as to place of use and amounts of use, as areprovided in this Article V.

E. In addition to the other allocations made by thiscompact, transbasin diversions from the Lake Tahoe Basin in both statesexisting as of December 31, 1959, may be continued, to the extent that suchdiversions are recognized as vested rights under the laws of the state whereeach such diversion is made.

The diversion of a maximum of 3,000 acre-feet per annumfrom Marlette Lake for use in Nevada is hereby recognized as an existingtransbasin diversion within the meaning of this Section E.

F. Pumping from Lake Tahoe Basin for the benefit ofdownstream users within the Truckee River Basin shall be permitted only in theevent of a drouth emergency as declared by the commission to the extentrequired for domestic, municipal, and sanitary purposes, and when it isdetermined by the commission that all other water available for such uses fromall sources is being so utilized. In the event of such declaration of emergency,use of this water for such purposes shall have priority over use of water forany other purpose downstream from Lake Tahoe Basin. Pumping shall be done underthe control and supervision of the commission and water pumped shall not becharged to the allocation of water to the Lake Tahoe Basin made herein.

 

ARTICLE VI. Truckee River Basin

 

The following allocations of water of the Truckee Riverand its tributaries, including Lake Tahoe releases, are hereby made in thefollowing order of relative priority as between the states:

A. There is allocated to Nevada water for use on thePyramid Lake Indian Reservation in amounts as provided in the 1944 TruckeeRiver Decree (Final Decree in United States vs. Orr Ditch Company, et al.United States District Court for the District of Nevada, Equity No. A3). Byappropriate court order, the United States, for and in behalf of the PyramidLake Indians shall have the right to change points of diversion, place, means,manner, or purpose of use of the water so allocated so far as such change maybe made without injury to the allocations to either state.

B. There is allocated to California:

1. The right to divert within the Truckee River Basinin California 10,000 acre-feet of water per calendar year which may be storedin reservoirs at times when the flow in the channel of the Truckee River at theUnited States Geological Survey Gauging Station at or near theCalifornia-Nevada state line exceeds 500 cubic feet per second; provided thatsuch diversions shall not in the aggregate exceed 2,500 acre-feet in anycalendar month and the amount of such storage in any one reservoir, exceptDonner Lake, shall not exceed 500 acre-feet of active storage capacity.

2. The amount of water as decreed to the Sierra ValleyWater Company by judgment in the case of United States vs. Sierra Valley WaterCompany, United States District Court for the Northern District of California,Civil No. 5597, as limited by said judgment.

3. Six thousand acre-feet of water annually from theconservation yield of Stampede Reservoir having a storage capacity of 225,000acre-feet, subject to the execution of a contract or contracts therefor withthe United States of America. California may divert all or any portion of said6,000 acre-feet of conservation yield from Stampede Reservoir directly or byexchanges from any source on the Truckee River or its tributaries or from LakeTahoe. California shall be allowed to deplete this allocation; provided, thatin ascertaining the amount of depletion, credit for return flow shall belimited to the amounts of water which can be measured as a contribution to theTruckee River system.

4. If and when the water allocated to California insubparagraphs 1 and 3 of this section and in Article V is being used, or suchuse appears imminent, the commission shall permit California to developadditional yields of water for use in California, either directly or byexchange subject to the following limitations:

(a) All existing beneficial uses of water for domestic,municipal, industrial, and agricultural purposes in Nevada as determined byNevada law as of that time together with the yield of Stampede Reservoir inexcess of 6,000 acre-feet shall be recognized and not impaired by thedevelopment of such additional yield.

(b) Additional yields developed for use in Californiashall be limited to an amount not to exceed an aggregate of 10,000 acre-feetannually, and such development shall be for domestic, municipal, and industrialuses solely. California shall be allowed to deplete this allocation; provided,that in ascertaining the amount of depletion, credit for return flow shall belimited to the amounts of water which can be measured as a contribution to theTruckee River system.

(c) The right of the commission to permit Nevada toshare in such additional yield upon participation by Nevada in bearing aproportionate cost of developing such additional yield.

C. The right to store in Prosser Creek Reservoir amaximum of 30,000 acre-feet of water annually with the priority as set forth inCalifornia State Water Rights permit 11666 and to release water therefrom asset forth in said permit and any license which may be issued thereunder ishereby recognized and confirmed.

D. There is allocated to Nevada all water in excess ofthe allocations made in Sections B and C of this article.

 

ARTICLE VII. Carson River Basin

 

The following allocations of water of the Carson Riverand tributaries are hereby made in the following order of priority as betweenstates:

A. There is allocated to the State of California:

1. The right to divert from the natural flow of theWest Fork Carson River and its tributaries for existing nonirrigation uses, andfor direct irrigation use commencing on March 15 and ending on October 31 ofeach year on presently irrigable lands determined to be approximately 5,600acres, an aggregate flow of water equal to a 30-day average of 3 c.f.s. per 100acres or 168 c.f.s. for the area as a whole; provided that the 3 c.f.s. per100-acre limitation shall not prevent greater rates of diversion for thoseareas which have an established greater rate of use; provided further, however,that the maximum aggregate diversion shall not exceed 185 c.f.s. measured atthe points of diversion.

Provided, however, diversions for use downstream fromthe western boundary of Section 34, Township 11 North, Range 19 East, MountDiablo Base and Meridian, shall be subject to the following limitations:

(a) Whenever, after the first Monday in May or any dayin that week or alternate weeks thereafter of any year the flow of the WestFork of the Carson River at said western boundary shall have fallen below 175cubic feet per second, then, until October 31 next, water users in Californiawho divert from the West Fork of the Carson River downstream from said westernboundary shall rotate all or any portion of the natural flow of the West Forkof the Carson River necessary to satisfy the demand of Nevada lands with waterusers in Nevada every other week beginning with the week following that in whichwater is used in Nevada, and during each rotation period said California usersshall be entitled to divert the natural flow of the West Fork of the CarsonRiver during their rotation weeks.

(b) Rotation between water users in California andNevada on the West Fork of the Carson River may be terminated in whole or inpart upon approval of the commission for such termination, upon provision beingmade so that sufficient water is available by storage or exchange to assurethat the water users in Nevada will receive at the same time the flow of waterwhich would have been available to the Nevada water users under rotation.

(c) Stock water, domestic water, and water for fireprotection purposes may be diverted downstream from said western boundary fromthe natural flow of the West Fork of the Carson River at all times by owners ofirrigation water rights in California whose lands are contiguous to the WestFork of the Carson River; provided, however, that such diversion shall belimited to the amounts actually required to deliver water for such purposes,and any excess over the amount so diverted shall be returned to the West Forkof the Carson River whenever practicable. Water diverted under this provisionshall not be converted to any other use. The commission or its designee shallrule on any challenge relative to the necessity and amount of water requiredfor such purposes.

2. The right to divert from the natural flow of theEast Fork Carson River and its tributaries for existing nonirrigation uses, andfor direct irrigation use commencing on March 15 and ending on October 31 ofeach year on presently irrigable lands determined to be approximately 3,820acres, an aggregate flow of water equal to a 30-day average of 3 c.f.s. per 100acres or 115 c.f.s. for the area as a whole; provided that the 3 c.f.s. per100-acre limitation shall not prevent greater rates of diversion for thoseareas which have an established greater rate of use; provided further, however,that the maximum aggregate diversion shall not exceed 115 c.f.s. measured atthe points of diversion.

3. There is allocated to the State of California theright to store 2,000 acre-feet of water per annum within Alpine County forsupplemental use on presently irrigated lands within said county adverse toLahontan Reservoir but subject to all other existing uses in Nevada. Waterstored pursuant to this section remaining at the end of the year shall bedeemed to have been stored in the succeeding year.

B. There is allocated to the State of Nevada:

1. The right to divert water from the natural flow ofthe Carson River and its tributaries during the period commencing March 15 andending October 31 of each year at the rate of 3 c.f.s. per 100 acres for use onpresently irrigated lands in the area above Lahontan Reservoir determined to beapproximately 41,320 acres. The rate of 3 c.f.s. per 100 acres is based on a30-day average for the area as a whole and shall not prevent greater rates ofdiversion for those areas that have an established greater use; provided thatthe aggregate diversion measured at the points of diversion shall not exceed700 c.f.s. on the East Fork of the Carson River, 300 c.f.s. on the West Fork ofthe Carson River, and 220 c.f.s. on the Main Carson River below the confluenceof the East and West Forks.

The combining and exchanging of the use of waterbetween ditches and among users shall be permitted at all times and shall berequired whenever necessary in order to obtain reasonable economy in the use ofthe water of the river or other streams, or in order to give to each ditch oruser a more advantageous irrigation head.

2. Subject to allocations made in subsection B.1 andSection C of this article, the right to divert water from the Carson River forirrigation use either by direct diversion or by storage in Lahontan Reservoiror other existing reservoirs for use on the Newlands Project.

C. There is allocated to each state the right to storewater in existing reservoirs upstream from Lahontan Reservoir to the extent ofexisting capacity with the appropriate priority with respect to natural flowrights upstream from Lahontan Reservoir under applicable state law, and usesuch stored waters on the lands in each state to which the storage isappurtenant.

D. Additional yields shall be available fordevelopment under the currently authorized Washoe Project from water availablein excess of existing beneficial uses recognized by Nevada law, or under othernew projects upon a determination by the commission that there is water availableon the Carson River and its tributaries in excess of that required to satisfyexisting beneficial uses in Nevada as determined by Nevada law as of the timeof authorization or construction of such new projects. Such additional yieldsshall be allocated between the states with equal priority, 20 percent of whichshall be allocated to California and 80 percent to Nevada.

Each state shall have the right to participate in anydevelopment project by bearing a proportionate cost of such development. In theevent that joint developments are found to be not feasible or desirable, eachstate may develop separately its proportionate share of the remaining water.

E. Except as provided by Article X of this compact,the waters of the Carson River shall not be used in areas outside the CarsonRiver Basin.

 

ARTICLE VIII. Walker River Basin

 

A. Allocation to Present Rights and Uses

1. Except as the rights of the Walker River IrrigationDistrict may be limited by subsections 2 and 3 below, the provisions of thedecree in the case of United States v. Walker River Irrigation District, etal., United States District Court for the District of Nevada Equity No. C-125,filed April 15, 1936, as amended by the Order of the Honorable A.F. St. Sure,dated April 24, 1940, hereafter called Decree C-125 are hereby recognized andconfirmed.

2. The rights of the Walker River Irrigation Districtto store water of the West Walker River in Topaz Reservoir with a storagecapacity of 59,000 acre-feet, under Part VIII of Decree C-125 and under anyother basis of right, and to use such water, are hereby recognized andconfirmed, subject to the following:

(a) The maximum quantity of water which can be divertedannually to storage is 85,000 acre-feet. No more than 85,000 acre-feet of waterless reservoir evaporation can be rediverted for use within the districtannually. The 85,000 acre-feet amount so allowed to be diverted to storage andrediverted to use include water used under direct diversion rights in DecreeC-125 acquired by said district prior to 1964. For the purpose of thisprovision annually means the period from November 1 through October 31 of thefollowing year.

(b) The maximum rate of diversion to such reservoirunder such rights is 1,000 c.f.s.

(c) For the purpose of determining the availability ofwater to satisfy rights junior to the Topaz Reservoir storage rights of theWalker River Irrigation District, or for division between the states as unusedwater, water which has been stored, or is available for storage in and can bephysically diverted to such reservoir under such reservoir rights but isreleased or is allowed to pass through the reservoir and is not rediverted touse in Nevada, shall be deemed to have been held in storage; provided, thatuntil a new major storage project is constructed on the West Walker River, theforegoing shall not apply to the extent that said district with the concurrenceof the watermaster determines, prior to the release or passing through of suchwater from Topaz Reservoir in any year, that it is necessary to release or passthrough such water in order to provide storage space in Topaz Reservoir as ameans of protecting lands in Nevada against flood damage later in the year.

3. The rights of the Walker River Irrigation Districtto store water of the East Walker River in Bridgeport Reservoir with a storagecapacity of 42,000 acre-feet, under Part VIII of Decree C-125 and under anyother basis of right, and to use such water, are hereby recognized andconfirmed, subject to the following:

(a) The maximum quantity of water which can be divertedto storage in any year is 57,000 acre-feet. No more than 57,000 acre-feet ofwater less reservoir evaporation can be rediverted for use within the districtin any year. The 57,000 acre-feet amounts so allowed to be diverted to storageand rediverted to use include water used under direct diversion rights in saiddecree acquired by said district prior to 1964 except for water used under suchrights prior to 1964 on lands owned by said district in Bridgeport Valley. Forthe purpose of this provision year means the period from November 1 of onecalendar year to October 31 of the following calendar year.

(b) Water of the East Walker River and its tributariesmay, adversely to the Bridgeport Reservoir storage rights hereinaboverecognized and confirmed, be stored upstream from said reservoir in any year,for later use after the spring flood of the year in which the water was sostored, under rights junior to said reservoir rights; provided, that when the WalkerRiver system is put on priority under Decree C-125 after the annual springflood, or upon demand made prior to the spring flood for water necessary tosatisfy early season demand, the watermaster shall make an accounting and watershall be released from said upstream storage in such amounts as determined bythe watermaster to be necessary to satisfy said reservoir rights to the sameextent as they would have been satisfied in the absence of said adverse upstreamstorage.

4. (a) There is allocated to each state respectivelythe amount of existing diversions and uses of water of the Walker River Basindiverted upstream from Weber Reservoir and not specifically covered in DecreeC-125, provided, that this allocation shall not include water distributed underthe historical administration of Decree C-125 in excess of the rights set forthin Decree C-125 to lands having rights thereunder. In making this allocation,it is recognized that the amounts of water allocated and the respectivepriorities are not presently known with certainty. The commission shall as soonas practicable after its effectuation provide for an investigation, either withits own staff or by other agencies or persons, to ascertain with certainty theamounts of water and priorities of such uses. As between the respective states,the priorities shall be determined as follows: In cases of use not understate-recognized rights, the priorities shall be the date of initiation of use;in cases of use under state-recognized rights, the priorities shall be asprovided under the law of the state where the diversion is made. Upon approvalby the commission, the results of the investigation shall be binding as to theallocation to each state hereunder.

(b) In addition to rights recognized in subsection A.1of this article there is allocated to Nevada for use on the Walker River IndianReservation a maximum of 13,000 acre-feet per year for storage in WeberReservoir and later rediversion to use and in addition 9,450 acre-feet per yearto be diverted from natural flow. Both allocations shall have a priority of1933. The season for diversion of water to storage shall be from November 1 toOctober 31 of the following year. The season for diversion of water directlyfor use shall be from March 1 to October 31 and at a maximum rate of 60 cubicfeet per second. For the purpose of determining the availability of water tosatisfy rights junior to this allocation or for division between the states asunused water, water which has been stored, or which can be physically stored ordiverted to use under this allocation but is released or is allowed to passthrough Weber Reservoir and is not rediverted to use on the Walker River IndianReservation, shall be deemed to have been held in storage or used; provided,that the foregoing shall not apply to the extent that the appropriaterepresentative of said reservation with the concurrence of the watermasterdetermines prior to the release or passing through of such water from WeberReservoir in any year, that it is necessary to release or pass through suchwater in order to provide storage space in Weber Reservoir as a means ofprotecting lands in Nevada against flood damage later in the year; provided, further,that the foregoing shall not apply to passage of water of inferior quality tothe extent that such passage may be necessary to maintain the water of suitablequality for irrigation on said reservation as determined by the commission.

Water of the Walker River and its tributaries may,adversely to the Weber Reservoir storage rights hereinabove recognized andconfirmed, be stored upstream from said reservoir in any year, for later useafter the spring flood of the year in which the water was so stored, underrights junior to said reservoir rights; provided, that when the Walker Riversystem is put on priority under Decree C-125 after the annual spring flood, orupon demand made prior to the spring flood for water necessary to satisfy earlyseason demand, the watermaster shall make an accounting and water shall bereleased from said upstream storage in such amounts as determined by thewatermaster to be necessary to satisfy said reservoir rights to the same extentas they would have been satisfied in the absence of said adverse upstreamstorage.

5. In addition to rights recognized in subsections A.1and A.4(a) above, there is allocated to California water of the West WalkerRiver as follows:

(a) When all direct diversion rights under Decree C-125are being satisfied and simultaneously water of the West Walker River is beingdiverted to storage pursuant to the Topaz Reservoir storage rights recognizedand confirmed in subsection 2 of this Section A, but there is not flow inexcess of that required to fully satisfy Topaz Reservoir storage rights,diversions in Antelope Valley in excess of the amounts to which Antelope Valleylands are entitled under Decree C-125 shall be permitted by the watermaster forsuch periods and in such amounts as, in the sound professional judgment of thewatermaster, will not cause, on an overall irrigation season basis, anydiscernible net reduction in the amount of water available to satisfy saidTopaz Reservoir storage rights.

(b) Such excess diversions may be used only on AntelopeValley lands entitled to water under Decree C-125 which can be served from theditch systems existing as of the effective date of this compact.

(c) The allocation in this subsection 5 shall terminateafter construction of a new major storage project on the West Walker Riverupstream from Antelope Valley.

B. Allocation of Unused Water

1. The term unused water includes all waters of theWalker River and its tributaries in excess of the amounts allocated, orrequired for satisfaction of rights and uses recognized and confirmed, asprovided under Section A of this Article VIII, except that there shall beexcluded therefrom natural flow which is not physically available above thehead of Mason Valley. There is allocated to the State of California 35 percentof such unused water, and there is allocated to the State of Nevada 65 percentof such unused water. The allocation to each state provided herein in thissubsection B.1 shall be equal in priority.

(a) The reregulation by storage of waters allocated forstorage shall not be considered as the development of unused water.

2. Neither state shall be precluded from constructingworks for the control, use and development of the water allocated pursuant tosubsection B.1 of this article for optimum use of water.

3. While separate development may be undertaken byeither state for surface storage of unused water of the West Walker River soallocated, the State Engineer of the State of Nevada and the Department ofWater Resources of the State of California shall cooperate in a joint review ofall potential developments of unused water of the West Walker River soallocated in subsection B.1 of this Article VIII and shall prepare and presenta report of the benefits to be obtained, and other relevant data from each suchdevelopment to the commission or if the commission has not yet becomeoperative, to the joint commission which negotiated this compact, at a publichearing or hearings held at times and places within the Walker River Basin setby the commission or said joint commission.

(a) Should a separate surface storage project orprojects be constructed in Nevada to develop Nevadas share of the unused waterof the West Walker River, California may thereafter store and use said unusedwater allocated to Nevada adverse to such Nevada storage projects, providedthat, without charge to Nevada, California makes available for consumptive usein Nevada, water in the same amounts, at the same times, and in the same placesas would have been available for use in Nevada from such Nevada storageprojects had California not so stored and used said unused water allocated toNevada; and provided further that Nevada shall not be deprived of waterrequired for: (1) maintenance of a minimum reservoir level for the preservationof fish life and (2) nonconsumptive uses which are found by the commission tobe in the public interest of the Walker River Basin as a whole.

(b) From time to time after construction of eachsurface storage project upstream from Topaz Reservoir, for development of theunused water allocated herein, the commission shall determine the amounts ofwater which may be diverted and used in each state pursuant to its allocationas the result of the construction and operation of such project. In making suchdetermination the commission shall compute any increase of yield of previouslyconstructed reservoirs which may result from operation of such projectconstructed to develop unused water and shall include such increase in theamounts of water which may be diverted and used in each of the two statespursuant to its allocation of unused water.

4. Return flow to the Walker River or its tributariesfrom any source shall be deemed to be natural flow.

5. Unused water shall be used only:

(a) Within the Walker River Basin;

(b) Within the portion of Artesia Lake Basin south ofthe northern township line of Tier 12 North and west of a line one mile east ofthe eastern range line of Range 23 East, Mount Diablo Base Line and Meridian;

(c) Within the portion of Mason Valley and AdrianValley south of the northern township line of Tier 15 North, Mount Diablo BaseLine;

(d) Within the area tributary to Topaz Lake; or

(e) Any combination of the above areas.

C. Watermaster

1. A single watermaster shall have the responsibilityand power to administer: (a) all rights and uses of water of the Walker RiverBasin recognized in Section A of this Article VIII, including rights underDecree C-125, (b) the allocation between the states provided for in thiscompact of water of the Walker River Basin in excess of that necessary tosatisfy such rights and uses, and (c) all rights acquired to use water soallocated.

2. The watermaster shall be nominated by thecommission as soon as practicable after this compact goes into effect, but hisappointment shall not become effective until approved and confirmed by theFederal District Court for the District of Nevada, it being the intent of thiscompact that only a person satisfactory to both the commission and said courtbe the watermaster under this compact and under Decree C-125. At any timeeither the commission or said court may terminate the appointment of the personserving as watermaster by adopting an appropriate resolution or order, andnotifying the other and the watermaster thereof. When a vacancy occurs by suchaction or by the death or resignation of the person serving as watermaster, asuccessor shall be selected by the same procedure as provided for the originalappointment.

3. Until appointment of the watermaster becomeseffective by approval and confirmation of said court, either as to the originalselection of the watermaster or subsequent selections to fill a vacancy, aperson designated by the commission shall have interim responsibility and powerto administer the allocation between the states referred to in subsection 1(b)above and all rights and uses other than the rights under Decree C-125, and therights and uses under Decree C-125 shall be administered on an interim basis asmay be provided by said court.

4. Actions and decisions of the watermaster as to theadministration of the rights under Decree C-125 shall be subject to review andmodification by said court. Actions and decisions of the watermaster as to theadministration of the allocation between the states referred to in subsection1(b) above and of all rights and uses other than rights under Decree C-125shall be subject to review and modification by the commission.

5. Said court is requested to appoint a six-memberadvisory board composed of one person each representing: (1) the East WalkerRiver Basin in California, (2) the West Walker River Basin in California, (3)the East Walker River Basin in Nevada, (4) the West Walker River Basin inNevada, (5) the Main Walker River Basin in Nevada, and (6) the Walker RiverIndian Reservation. The watermaster shall prepare an annual budget of proposedexpenditures for personnel, equipment, supplies, and other purposes deemed byhim to be necessary to carry out his functions. In the formulation of saidbudget the watermaster shall consult with said advisory board. In the event thatsaid advisory board is not in agreement with the budget proposed by thewatermaster, it shall so advise said court. Said budget shall require approvalof both the commission and said court to become effective.

6. The expenditures attributable to administration ofthe rights under Decree C-125 shall be apportioned and collected in accordancewith orders of said court. The expenditures attributable to administration ofall other rights and uses of the water of the Walker River Basin under thiscompact shall be equitably apportioned among, and collected from, the usersthereof by the watermaster under rules and regulations of the commission, andthe commission shall have the power to enforce collection thereof by anyreasonable means, including court action in any state or federal court ofappropriate jurisdiction. The expenditures attributable to administering theallocation between the states referred to in subsection 1(b) above shall beborne by the commission as part of the expense under Article IV, subsection B.1of this compact.

 

ARTICLE IX. Ground Water and Springs

 

A. Development and Use of Ground Water

1. Both states shall have the right to develop and useground water within their respective boundaries; provided that development anduse of ground water in one state shall not reduce the amount of water which theother state would have received under the allocation herein if ground waterwere not developed and used.

2. In the development and use of ground water pursuantto this article, wells or other methods of collecting underground water shallbe constructed in a manner which will assure that water will not be drawndirectly from allocated surface water. In the absence of proof to the contrarymade to the commission, wells drilled within 500 feet from any perennialstreams which are not sealed from the surface to a depth of at least 50 feetshall be deemed prima facie to draw directly from allocated surface water.

B. Each state shall have the right to use water fromsprings; provided that the use of water from springs in one state shall notreduce the amount of water which the other state would have received under theallocations herein if water from springs were not used.

C. Effect on Allocations

1. The commission shall have authority to take suchaction as it deems appropriate, so that the allocations of water made by thiscompact to either state shall not be adversely affected by ground waterwithdrawals or use of water from springs in the other state.

2. If either state claims that the development and useof ground water or water from springs in the other state reduces the amount ofwater which said state would have received under its allocation if such groundwater or water from springs were not developed and used, it may file a protestwith the commission in accordance with the rules of the commission. Thecommission is empowered to receive evidence on any protest and make its rulingthereon.

 

ARTICLE X. Interbasin Transfers of Use

 

Either state may use directly, by exchange, or otherwiseits allocated waters of the Truckee River in the Lake Tahoe Basin or the CarsonRiver Basin, or its allocated waters of the Carson River in the Lake TahoeBasin or the Truckee River Basin. The commission shall have authority to takesuch action as it deems appropriate so that the allocations of water made bythis compact to either state shall not be adversely affected by such use in theother state.

Nothing herein shall preclude the use of Lake Tahoe asa physical facility to accomplish the use of Truckee River waters in the CarsonRiver watershed or Carson River waters in the Truckee River watershed, but inno event shall the use of Lake Tahoe as such a physical facility beinconsistent with any provision of Article V of the compact.

 

ARTICLE XI. Suppression of Evaporation

 

A. Either state is entitled, but not obligated toparticipate in any project for the conservation of water through thesuppression of evaporation. The yield of any such project shall be allocated toeach state by the commission in such proportion as shall be determined by thecommission, taking into consideration such factors as the commission deemspertinent. Such allocation of yield to each state shall be in addition to thewaters allocated to each state by other provisions of this compact.

B. Subject to the power of the commission to allocatethe increased yield resulting from suppression of evaporation as set forthabove, no existing property right shall be adversely affected except byagreement with the owner, or as may be otherwise permitted by state law.Nothing herein shall diminish or supersede any law of either state regardingwater quality, including but not limited to conditions affecting fish andwildlife.

 

ARTICLE XII. Coordination of Reservoirs

 

A. The commission shall have the authority to prepareplans for the coordination of reservoirs and the method of implementation ofany such plans prepared, and to approve the same and to review and revise suchapproved plans from time to time as the commission may deem appropriate. Priorto the preparation of any such plan and implementation or review or revisionthereof, the owners of all reservoirs to be affected thereby shall be given theopportunity of participating in such preparation, review, or revision.

B. Prior to the approval thereof, the commission shallprovide for public hearings concerning such a plan, review, or revision uponsuch notice as the commission deems appropriate.

C. Any owner of a reservoir shall have the right torefuse to participate in any such plan, or method of implementation, or reviewor revision thereof, and in such event such reservoir shall be excludedtherefrom, and any plan or implementation or review or revision concerningother reservoirs as may be approved shall not adversely affect the use of thereservoir or the right to the use of water therefrom, which has been excluded.

D. Owners of reservoirs may develop plans forcoordination thereof, but shall give written notice to the commission at least60 days prior to their implementation.

 

ARTICLE XIII. Fish, Wildlife, and Recreation

 

The use of waters for preservation, protection, andenhancement of fish, wildlife, and recreation is hereby recognized as aninseparable part of the public interest in the use of the waters of Lake Tahoe,Truckee, Carson and Walker River Basins in both states, and is, therefore,beneficial.

 

ARTICLE XIV. Nonconsumptive Use

 

Each state may use water for nonconsumptive purposes,including but not limited to flood control, recreation, fishery and wildlifemaintenance and enhancement, and hydroelectric power generation, provided thatsuch uses result in no discernible reduction in the water allocated to theother state.

 

ARTICLE XV. Diversion and Exchange of Yield FromFuture Reservoirs

 

Upon the construction of a surface storage project orprojects to store unused water herein allocated, users who become entitled tothe yield therefrom may, at any point where water is physically available,divert water to use subject to approval of the commission and conditioned uponproviding water in exchange for such diverted water as directed by thecommission, so that other users, including owners of reservoir storage orowners of interest in waters stored, receive their entitlement of water intime, place, and quality the same as if the diversion and exchange had not beenmade.

 

ARTICLE XVI. Change of Point of Diversion, Manner,

Purpose, or Place of Use

 

Any change of point of diversion or of manner, purposeor place of use of the waters of the Carson, Truckee or Walker River Basins maybe made in either state pursuant to state law or applicable court decree,provided that such change shall not adversely affect the allocation of water tothe other state. Either state, if permitted by state law, may permit a changeto other use of water formerly consumed by natural subirrigation on meadows. Itshall be the duty of each state to initiate proceedings before the commissionif it believes that such change in the other state would adversely affect itsallocation. In the event of the initiation of such a proceeding a commissionhearing shall be held and the person desiring the change shall have the burdenof establishing that such change would not adversely affect the allocation tothe complaining state. In the event the person desiring the change does notestablish that such change would not adversely affect the allocation to thecomplaining state, the commission shall enter such order as it deemsappropriate to assure that the allocation to the complaining state is not adverselyaffected.

 

ARTICLE XVII. Imported Water

 

The provisions of this compact respecting allocation ofwater are applicable solely to the waters of the Truckee, Carson, and WalkerRiver Basins and the Lake Tahoe Basin. To the extent that either state importsinto the Truckee, Carson or Walker River Basins or the Lake Tahoe Basin waterfrom another river or source the state making the importation shall have theexclusive use of such imported water unless by written agreement between thestates it is otherwise provided. Nothing herein shall preclude either statefrom using such imported water as replacement or exchange water to meet suchconditions as may be imposed by the commission pursuant to the provisions ofthis compact.

 

ARTICLE XVIII. Compact Effect

 

A. Each state and all persons using, claiming, or inany manner asserting any right to the use of the waters of Lake Tahoe, TruckeeRiver, Carson River, and Walker River Basins, shall be subject to the terms ofthis compact.

B. The provisions of this compact shall beself-executing and shall by operation of law be conditions of the various statepermits, licenses, or other authorizations relating to the waters of LakeTahoe, Truckee River, Carson River and Walker River Basins.

C. Nothing in this compact shall abridge, limit orderogate against any claim or right of anyone to the use of water in eitherstate within the allocations to such state that could or may be made orestablished under state or federal law had this compact not been adopted; provided,that the place of use, under any such right, of water from any of the fourbasins covered by this compact shall be limited to such basin or such otherareas outside such basin as are permissible places of use of water from suchbasin under this compact.

D. Nothing in this compact shall be construed asgranting to any person or entity the right to divert, store, or use water.

 

ARTICLE XIX. Violations

 

A. Violations or threatened violations of any of theprovisions of this compact which come to the attention of the commission shallbe promptly investigated by it. If after such investigation the commissiondetermines further action is necessary it may take such action as it deemsadvisable including, but not limited to, the commencement of an actioninjunctive or otherwise in its own name in any court of general jurisdiction ofthe state where the violation has occurred or is threatened, or the UnitedStates District Court for the district where said violation has occurred or isthreatened, or if it is determined by the commission appropriate to do so,refer the matter with its recommendations, if any, to an appropriate federal,state, or local official or agency or board for action.

B. In any action concerned with any matter in whichthe commission has made a decision, the findings of the commission shallconstitute prima facie evidence of the facts found.

 

ARTICLE XX. Recourse to Courts

 

Nothing in this compact shall be construed to limit orprevent either state or any person or entity from instituting or maintainingany action or proceeding, legal or equitable, in any court of competentjurisdiction for the protection of any right under this compact or theenforcement of its provisions, provided that in all matters in which thecommission is given jurisdiction by this compact to make a decision no suchcourt action shall be commenced until the matter has been submitted to thecommission for decision and decided by it, unless a decision by the commissionhas been unreasonably delayed.

 

ARTICLE XXI. Nonimpairment of Rights of United States

 

Except as provided in Article XXII nothing in thiscompact shall be construed as:

A. Affecting the obligations of the United States tothe Indians and Indian tribes, or any right owned or held by or for Indians orIndian tribes which is subject to the jurisdiction of the United States.

B. Affecting any rights or powers of the United Statesof America, its agencies or instrumentalities in or to the waters of theTruckee, Carson, or Walker River Basins or the Lake Tahoe Basin, or itscapacity to acquire rights in and to the use of said waters.

C. Subjecting any property of the United States, itsagencies or instrumentalities to taxation by either state or subdivisionthereof.

D. Subjecting any property of the United States ofAmerica, its agencies or instrumentalities to the laws of any state to anextent other than the extent to which such laws would apply without regard tothis compact.

 

ARTICLE XXII. Ratification and Consent

 

This compact shall become effective when, but only if:

(1) It shall have been ratified by acts of theLegislature of each of the States of California and Nevada;

(2) It shall have been consented to by act of Congressof the United States; and

(3) Congress provides in its consent legislation or byseparate legislation that the following provisions of the compact shall bebinding on the agencies, wards, and instrumentalities of the United States ofAmerica:

Article V, Section D

Article V, Section F

Article VI, Subsection B.1

Article VI, Subsection B.3

Article VI, Subsection B.4

Article VI, Section D

Article VII, Section A

Article VII, Section B

Article VII, Section C

Article VII, Section D

Article VII, Section E

Article VIII, Subsection A.4(b)

Article VIII, Subsection B.1

Article VIII, Subsection B.5

 

ARTICLE XXIII. Termination

 

This compact may be terminated any time by legislativeconsent of both states, but notwithstanding such termination all rights thenestablished hereunder or recognized hereby shall continue to be recognized asvalid.

In witness whereof the commissioners have executed sixcounterparts hereof, each of which shall be and does constitute an original andone shall be deposited with the Administrator of General Services of the UnitedStates of America, and two of which shall be forwarded to the Governor of eachsignatory state, and one of which shall be made a part of the permanent recordsof the California-Nevada Compact Commission.

(Added to NRS by 1969, 69; A 1969, 1259; 1971, 29)

NRS 538.610 Governorto give notice of states ratification. TheGovernor shall give notice of the ratification of the California-NevadaInterstate Compact by the Nevada Legislature to the Governor of the State ofCalifornia and to the President of the United States.

(Added to NRS by 1969, 88)

NRS 538.620 Compensationof commissioners and State Engineer; claims for payment of expenses.

1. The Nevada members of the California-NevadaInterstate Compact Commission, designated or appointed pursuant to Article IVof the Compact, if not in the regular employ of the State, are entitled toreceive a salary of not more than $80 per day, as fixed by the Commission, fortime actually spent on the work of the Compact Commission.

2. The State Engineer and any other Nevada commissionmembers who are in the regular employ of the State are not entitled toadditional compensation.

3. While engaged in the business of the Commission,the State Engineer and any other Nevada commission members are entitled toreceive the per diem allowance and travel expenses provided for state officersand employees generally.

4. Claims for payment of all such expenses incurred bythe commission members must be made by the Office of the State Engineer onvouchers approved by the State Engineer and the State Board of Examiners andpaid as other claims against the State are paid.

(Added to NRS by 1969, 88; A 1977, 146; 1981, 1988;1985, 437; 1989, 1719)

NRS 538.630 Dutiesof state officers; cooperation.

1. All officers of this state shall do all thingsfalling within their jurisdiction necessary or incidental to carrying out theprovisions of the Compact.

2. All officers, departments and persons of and in thegovernment and administration of this state shall, upon the request of theCalifornia-Nevada Interstate Compact Commission, furnish the Commission withinformation and data possessed by them and aid the Commission by any meanswithin their legal powers.

(Added to NRS by 1969, 89)

MISCELLANEOUS PROVISIONS

NRS 538.650 Specialdistribution from Contingency Fund to protect water right or supply of waterfrom challenge or encroachment originating outside Nevada.

1. If a judicial or administrative proceeding has beeninitiated, by or on behalf of a person or other entity from outside of this state,that could adversely affect or place in jeopardy a water right or supply ofwater within this state, a local government may submit a request to theDirector of the State Department of Conservation and Natural Resources for aspecial distribution by The Interim Finance Committee from the ContingencyFund.

2. The Director of the State Department ofConservation and Natural Resources shall consider the request, may require fromthe requester such additional information as it deems appropriate, and shall,if he finds that a special distribution should be made, request approval fromthe State Board of Examiners and amount of the distribution to the InterimFinance Committee for its independent evaluation and action. The InterimFinance Committee is not bound to follow the recommendation of the State Boardof Examiners or the Director of the State Department of Conservation andNatural Resources.

3. The State Board of Examiners and the Director ofthe State Department of Conservation and Natural Resources shall transmit itsrecommendation to the Director of the Legislative Counsel Bureau, who shallnotify the Chairman of the Interim Finance Committee. The Chairman shall call ameeting of the Committee to consider the recommendation.

4. The Interim Finance Committee may make a specialdistribution from the Contingency Fund if it finds that:

(a) The grant will be expended to assist localgovernments in the defense and protection of water rights and supplies ofwater, on behalf of the people of this state, from any challenge orencroachment originating outside of this state; and

(b) The requester will provide an amount of money, atleast equal to the grant, for the same purpose.

5. The recipient of a special distribution madepursuant to this section:

(a) Shall provide an amount of money at least equal tothe allocation which must be used for the same purpose.

(b) May, in accomplishing the public purpose set forthin paragraph (a) of subsection 4, use the money to employ legal counsel andother consultants necessary to participate in or negotiate the settlement ofjudicial or administrative proceedings concerning water rights or supplies ofwater.

(c) Shall report to the Interim Finance Committee uponthe expenditure of the money at such times and in such detail as is required bythe Interim Finance Committee.

6. The total of the special distributions made by theInterim Finance Committee pursuant to this section must not exceed $250,000during each biennium. Any money distributed pursuant to this section that isnot expended for the purpose for which it was distributed reverts to theContingency Fund at such time as is specified by the Interim Finance Committee.

7. As used in this section, local government means apolitical subdivision of this state, including, without limitation, a city,county, irrigation district, water district or water conservancy district.

(Added to NRS by 1991, 2070)

 

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