2005 Nevada Revised Statutes - Chapter 541 — Water Conservancy Districts
CHAPTER 541 - WATER CONSERVANCY DISTRICTS
NRS 541.010 Shorttitle.
NRS 541.020 Definitions.
NRS 541.030 Legislativedeclarations.
NRS 541.040 Districtcourts vested with jurisdiction to establish water conservancy districts;limitation of powers.
NRS 541.050 Establishmentof district: Requirements; filing of petitions; contents; effect of defects;amendments and corrections.
NRS 541.060 Filingof bond.
NRS 541.070 Timeand place for hearing; jurisdiction of district court; judge not to bedisqualified.
NRS 541.080 Protestingpetition; requisite signers; filing and objections; decree establishingdistrict; place of business; dismissal of petition or proceedings; finality andconclusiveness of order; appeal; collateral attack.
NRS 541.090 Findingsand decree to be filed with Secretary of State, county recorders and countyclerks.
NRS 541.100 Boardof directors: Appointment; qualifications; terms; filling of vacancies;meetings and reports.
NRS 541.110 Directors:Oath; officers; seal; record of proceedings of board; compensation.
NRS 541.120 Quorumof board.
NRS 541.130 Dutiesof secretary; board may employ chief engineer, attorney and other employees.
NRS 541.140 Powersof board.
NRS 541.145 Powersof board concerning irrigation, flood control, drainage, safety and healthprojects.
NRS 541.150 Subdistricts:Organization; proceedings; boards consent to furnish water; decree oforganization; powers and duties of board of directors.
NRS 541.160 Boardmay levy and collect taxes and special assessments; classification of methods.
NRS 541.170 Boardto fix rate of levy under class A; maximum rate; certification to countycommissioners.
NRS 541.180 Boardmay sell or lease water to municipalities upon petition; levy and collection ofspecial assessments under class B.
NRS 541.190 Boardmay sell or lease water to irrigation districts; levy and collection of specialassessments under class C.
NRS 541.200 Boardmay sell or lease water to persons and private corporations on petition; levyand collection of taxes under class D.
NRS 541.205 Boardmay undertake irrigation, flood control, drainage, safety and health projects;levy and collection of special assessments under class E.
NRS 541.207 Boardor subcontracting agency not required to furnish water for man-made lake orstream if restricted or prohibited by ordinances; exceptions.
NRS 541.210 Boardmay levy additional assessments to pay deficiencies.
NRS 541.220 Boardto hear objections to assessments; procedure; appeal to district court.
NRS 541.230 Officialscharged with duty to collect taxes; taxes levied create equal lien.
NRS 541.240 Saleof real property for unpaid taxes and assessments.
NRS 541.250 Propertyexempt from assessments.
NRS 541.260 Boardmay dispose of water under contracts.
NRS 541.270 Liensto secure payment of annual installments.
NRS 541.280 Boardmay create sinking fund.
NRS 541.290 Powersof board in distribution of water.
NRS 541.300 Contractsrelating to electrical energy.
NRS 541.310 Changeof boundaries: Petition for inclusion of other lands; procedure.
NRS 541.320 Petitionfor exclusion of lands in district; procedure; court order.
NRS 541.330 Boardmay enter into contracts relative to payments to be made to United States.
NRS 541.340 Acquisitionof works: Procedure for creation of indebtedness; elections.
NRS 541.350 Publicationof resolution for creation of indebtedness.
NRS 541.360 Conductof election; canvass of returns.
NRS 541.370 Majorityvote required to authorize indebtedness; resubmission of proposition.
NRS 541.380 Boardmay petition court for judicial determination of orders, acts, power, taxes andcontracts.
NRS 541.390 Notice;jurisdiction of district court not lost for failure to give notice.
NRS 541.400 Casesto be heard by court at earliest practicable moment.
NRS 541.410 Liberalconstruction of chapter.
NRS 541.420 Conflictinglaws declared nonoperative.
_________
NRS
[1:380:1955]
NRS
1. Board means the board of directors of thedistrict.
2. Court means the district court of that judicialdistrict of the State of Nevada wherein the petition for the organization of awater conservancy district must be filed.
3. Land or real estate means real estate as thewords real estate are defined by the laws of the State of Nevada, andincludes all railroads, highways, roads, streets, street improvements,telephone, telegraph and transmission lines, gas, sewer and water systems,water rights, pipelines and rights-of-way of public service corporations, andall other real property whether held for public or private use.
4. Property means real estate and personal property.
5. Publication, when no manner is specifiedtherefor, means once a week for 3 consecutive weeks in at least one newspaperof general circulation in each county wherein the publication is to be made. Itis not necessary that publication be made on the same day of the week in eachof the 3 weeks, but not less than 14 days, excluding the day of the firstpublication, must intervene between the first publication and the lastpublication, and publication is complete on the date of the last publication.
6. Public corporation means counties, cities andcounties, towns, cities, school districts, irrigation districts, waterdistricts, and all governmental agencies clothed with the power of levying orproviding for the levy of general or special taxes or special assessments.
7. Section means a section of this chapter unlesssome other statute is expressly mentioned.
8. Subcontracting agency means a public service,public, private or other corporation, or other entity which contracts with thedistrict for the purchase, transfer or acquisition from it of water, drainageor electric power.
9. Water conservancy districts means the districtscreated under the provisions of this chapter.
10. Works means drains, channels, trenches,watercourses and other surface and subsurface conduits to effect drainage,dams, storage reservoirs, compensatory and replacement reservoirs, canals,conduits, pipelines, drains, tunnels, power plants and any and all works,facilities, improvements and property necessary or convenient for the supplyingof water for domestic, irrigation, power, milling, manufacturing, mining,metallurgical, and any and all other beneficial uses, and for otherwise accomplishingthe purposes of this chapter. The term includes studies of the feasibility andadvisability of constructing dams for storage of water in the upstream portionsof watersheds.
[2:380:1955](NRS A 1959, 373; 1985, 523; 1989, 1401)
NRS
1. It is declared that to provide for the conservationand development of the water and land resources of the State of Nevada and forthe greatest beneficial use of water within this state, the organization ofwater conservancy districts and the construction of works as herein defined bysuch districts are a public use and will:
(a) Be essentially for the public benefit and advantageof the people of the State of Nevada;
(b) Indirectly benefit all industries of the state;
(c) Indirectly benefit the State of Nevada in theincrease of its taxable property valuation;
(d) Directly benefit residents of the State of Nevadaby providing adequate supplies of water for domestic, municipal and industrialuse;
(e) Directly benefit lands to be irrigated or drainedfrom works to be constructed;
(f) Directly benefit lands now under irrigation bystabilizing the flow of water in streams and by increasing flow and return flowof water to such streams;
(g) Directly benefit urban use of water or developmentof water resources by flood control; and
(h) Promote the comfort, safety and welfare of thepeople of the State of Nevada.
2. It is therefore declared to be the policy of theState of Nevada:
(a) To control, make use of and apply to beneficial useunappropriated waters in this state to a direct and supplemental use of suchwaters for domestic, manufacturing, irrigation, power and other beneficialuses.
(b) To cooperate with the United States and agenciesthereof under the federal reclamation laws or other federal laws now orhereafter enacted and to construct and finance works within or without theState of Nevada as herein defined and to operate and maintain the same.
[3:380:1955](NRS A 1963, 765)
NRS
[4:380:1955](NRS A 1963, 766)
NRS
1. Before any water conservancy district isestablished under this chapter, a petition must be filed in the office of theclerk of the court vested with jurisdiction, in the county in which all or thegreatest part of the lands embraced within the proposed water conservancydistrict are situated. The petition must be approved by the board of countycommissioners of each county in which the district is situated. The petitionmust be filed by the board of county commissioners for the county in which thepetition is filed, who must be designated as petitioners, and must set forth:
(a) The proposed name of the district.
(b) That the property within the proposed district willbe benefited by the accomplishment of the purposes enumerated in
(c) A general description of the purpose of thecontemplated improvement and of the territory to be included in the proposeddistrict. The description need not be given by metes and bounds or by legalsubdivisions, but must be sufficient to enable a property owner to ascertainwhether his property is within the territory proposed to be organized as adistrict. The territory need not be contiguous, provided it is so situated thatthe organization of a single district of the territory described is calculatedto promote one or more of the purposes enumerated in
(d) A general designation of the divisions of thedistrict, any one or more of which may, if so provided in the petition, beconstituted of an existing irrigation or other district organized under thelaws of the State of Nevada or of an incorporated city or combination ofincorporated cities, within the water conservancy district.
(e) The name of the principal subcontracting agency oragencies with which it is proposed the water conservancy district will enterinto a contract or contracts.
(f) The number of directors of the proposed districtwhich may, in addition to one director for each division thereof, include asdirector a representative of the proposed principal subcontracting agency namedin the petition, or, if more than one such agency is named in the petition,then one representative of each principal subcontracting agency named therein.If the district includes land within more than one county, each county musthave at least one representative on the board of directors.
(g) A prayer for the organization of the district bythe name proposed.
2. No petition that has been approved by the requiredboards of county commissioners may be declared void on account of allegeddefects, but the court may at any time permit the petition to be amended toconform to the facts by correcting any errors in the description of theterritory, or in any other particular.
[5:380:1955](NRS A 1963, 766; 1983, 146; 1987, 1725;1989, 1402)
NRS
[6:380:1955](NRS A 1989, 1404)
NRS
1. Immediately after the filing of the petition, thecourt wherein the petition is filed shall by order fix a place and time, notless than 60 days nor more than 90 days after the petition is filed, forhearing thereon, and thereupon the clerk of the court shall cause notice bypublication to be made of the pendency of the petition and of the time andplace of hearing thereon. The clerk of the court shall also forthwith cause acopy of the notice to be mailed by United States registered or certified mailto the board of county commissioners of each of the several counties havingterritory within the proposed district.
2. The district court in and for the county in whichthe petition for the organization of a water conservancy district has beenfiled shall thereafter for all purposes of this chapter, except as hereinotherwise provided, maintain and have original and exclusive jurisdiction,coextensive with the boundaries of the water conservancy district and of landand other property proposed to be included in the district or affected by thedistrict without regard to the usual limits of its jurisdiction.
3. No judge of such court wherein such petition isfiled shall be disqualified to perform any duty imposed by this chapter byreason of ownership of property within any water conservancy district orproposed water conservancy district, or by reason of ownership of any propertythat may be benefited, taxed or assessed therein.
[7:380:1955](NRS A 1969, 95)
NRS
1. At any time after the filing of a petition for theorganization of a water conservancy district and not less than 10 days beforethe time fixed by the order of court for the hearing upon the petition, and notthereafter, a petition may be filed in the office of the clerk of the courtwherein the proceeding for the creation of the district is pending, signed bynot fewer than 25 percent of the owners of the lands in the proposed district,but not embraced within the limits of any city or town, the aggregate assessedvalue of which, together with improvements thereon, is not less than 25 percentof the total assessed value of land, together with the improvements thereon,within the proposed district situated outside such limits, and also signed bynot fewer than 25 percent of the owners of lands embraced within the limits ofeach city and town in the proposed district, protesting the creation of thedistrict. The signers of the protesting petition shall state therein the landowned by each, and shall also state the value thereof as shown by the lastpreceding assessment. The term owners of land, as used in this subsectionwith reference to persons outside the limits of a city or town within thedistrict, means those persons who own 5 acres or more of real estate, and theterm owners of land, as used in this subsection with reference to personswithin a city or town, means those persons who own real estate, including any improvementsthereon, having an assessed valuation of $300 or more.
2. If a petitioner signs the petition both as owner ofland situated within a municipality, and owner of land situated without amunicipality, his name may be counted only as an owner of land situated withouta municipality.
3. Upon the filing of such protesting petition, theclerk of the court forthwith shall make as many certified copies thereof,including the signatures thereto, as there are counties in which any part ofthe proposed district extends, and forthwith shall place in the hands of thecounty treasurer of each such county one of the certified copies. Thereupon,each of the county treasurers shall determine from the tax rolls of his countyin his hands and shall certify to the district court under his official seal,before the day fixed for the hearing as aforesaid, the total valuation of theseveral tracts of land listed in the protest, situated in the proposed districtwithin his county. Upon the day set for the hearing upon the original petition,if it appears to the court from such certificate or certificates, and from suchother evidence as may be adduced by any party in interest, that the protestingpetition is not signed by the requisite number of owners of lands and of therequisite value as set forth in this section, the court shall thereupon dismissthe protesting petition and shall proceed with the original hearing as providedin this section.
4. If the court finds from the evidence that theprotesting petition is signed by the requisite number of owners of lands and ofthe requisite values, the court shall forthwith dismiss the original petitionpraying for the creation of the district. The finding and order of the courtupon the question of such total valuation, the genuineness of the signatures,and all matters of law and fact incident to such determination is conclusive onall parties in interest, whether appearing or not, unless within 30 days afterentry of the order or dismissal an appeal is taken to the Supreme Court asprovided in subsection 10.
5. Any owner of real property in the proposed districtdesiring to object to the organization and incorporation of the district, may,on or before the date set for the cause to be heard, file objection to theorganization and incorporation of the district. Such objection must be limitedto a denial of the statements in the petition and must be heard by the court asan advanced case without unnecessary delay. On the final hearing of thepetition the court shall define and establish the boundaries of the district.
6. Upon the hearing, if it appears that a petition forthe organization of a water conservancy district has been presented, inconformity with this chapter, and that the allegations of the petition are trueand that no protesting petition has been filed or if filed has been dismissedas provided in this section, the court shall, by order duly entered of record,adjudicate all questions of jurisdiction, declare the district organized andgive it a corporate name by which in all proceedings it must thereafter beknown, and thereupon the district is a political subdivision of the State ofNevada and a body corporate with all the powers of a public or quasi-municipalcorporation.
7. In such a decree the court shall designate theplace where the office or principal place of the district must be located,which must be within the corporate limits of the district, and which may bechanged by order of the board from time to time. The regular meetings of theboard must be held at such office or place of business, but for cause may beadjourned to any other convenient place. The official records and files of thedistrict must be kept at the office so established.
8. If the court finds that no petition has beenpresented in conformity with this chapter, or that the material facts are notas set forth in the petition filed, it shall dismiss the proceedings andadjudge the costs against the county that filed the petition. An appeal to theSupreme Court from the order of dismissal may be taken as provided insubsection 10. Nothing in this section prevents the filing of a subsequentpetition or petitions for similar improvements or for a similar waterconservancy district, and the right so to renew such proceedings is herebyexpressly granted and authorized.
9. If an order is entered establishing the district,the order is final and conclusively establishes the regular organization of thedistrict against all persons, unless an appeal is taken to the Supreme Court orquo warranto proceedings attacking the order are instituted on behalf of theState of Nevada by the Attorney General. The organization of the district maynot be directly or collaterally questioned in any suit, action or proceedingsexcept as expressly authorized in this section.
10. Any petitioner, protestant or objector is entitledto appeal to the Supreme Court from the order of the district court enteredpursuant to this section. Such appeals must be taken within 30 days after theentry of the order in accordance with the Nevada Rules of Appellate Procedure.
[8:380:1955](NRS A 1959, 374; 1983, 147; 1989, 1404)
NRS
[9:380:1955]
NRS
1. Within 60 days after the entry of the decreeincorporating the district, the Governor shall appoint a board of directorstherefor in accordance with the petition. If the district includes land withinmore than one county, the representative or representatives of each county mustbe appointed from a list of two or more nominees submitted by the board ofcounty commissioners of the represented county. No person may be disqualifiedto act as a director because he is an officer, employee or stockholder of, orowner of land within, any irrigation or other district constituting a division,or part of a division, or subcontracting agency of the district, nor may anydirector for that reason be disqualified to vote or act upon any matterinvolving such irrigation or other district or subcontracting agency.
2. The Governor shall fix the terms of office so thatnot less than three of the directors first appointed after organization of thedistrict shall serve until the end of the calendar year next succeeding theirappointment, and the remaining directors first appointed shall serve until theexpiration of 3 years after the end of the calendar year in which they wereappointed. All succeeding terms of office must be for 4 years. Upon theexpiration of the term of office of any director, the Governor shall, upon therecommendation of the district or incorporated city, or combination of incorporatedcities, or subcontracting agency, as the case may be, from which the directorwas appointed, appoint a successor to the director to hold office for 4 years.If the district includes land within more than one county, the representativeor representatives of each county must be appointed from a list of two or morenominees submitted by the board of county commissioners of the representedcounty.
3. All vacancies in the office of director must befilled in the manner provided in subsection 2. Each director shall hold officeduring the term for which he is appointed and until his successor is appointedand has qualified.
4. An annual meeting of the board of directors must beheld on a date to be fixed by the board and, in addition thereto, the boardshall hold meetings at least quarterly on dates to be fixed in the bylaws ofthe district. A report of the business transacted during the preceding year bythe district, including a financial report prepared by qualified publicaccountants, must be filed with the board of county commissioners of eachcounty in which the district is situated on or before the date of the annualmeeting.
[10:380:1955](NRS A 1959, 376; 1987, 1727; 1989,1406)
NRS
1. Each director before entering upon his officialduties shall take and subscribe to an oath, before a person authorized toadminister oaths, that he will support the Constitutions of the United Statesand the State of Nevada and will honestly, faithfully and impartially performthe duties of his office.
2. Upon taking oath, the board shall choose one oftheir number chairman of the board and president of the district, and shallelect some suitable person secretary of the board and of the district, who mayor may not be a member of the board. The board shall adopt a seal and shallkeep audio recordings or transcripts of all meetings and, in a well-bound book,a record of all its proceedings, minutes of all meetings, certificates,contracts, bonds given by employees and all corporate acts, which, except asotherwise provided in NRS 241.035, mustbe open to inspection of all owners of property in the district, as well as toall other interested persons.
3. Each member of the board is entitled to receive ascompensation for his service such sum as may be ordered by the board, not inexcess of the sum of $80 per day and actual traveling expenses for each dayspent attending meetings of the board or while engaged in official businessunder the order of the board.
[11:380:1955](NRS A 1973, 786; 1985, 1222;
NRS
[12:380:1955]
NRS
1. The secretary shall:
(a) Be custodian of the records of the district and ofits corporate seal.
(b) Assist the board in such particulars as it maydirect in the performance of its duties.
(c) Attest, under the corporate seal of the district,all certified copies of the official records and files of the district that maybe required of him by this chapter, or by any person ordering the same andpaying the reasonable cost of transcription, and any portion of the record socertified and attested shall prima facie import verity.
(d) Serve also as treasurer of the district unless atreasurer is otherwise provided for by the board.
2. The board may also employ a chief engineer, who maybe an individual, copartnership or corporation; an attorney; and such otherengineers, attorneys and other agents and assistants as may be needful; and mayprovide for their compensation, which, with all other necessary expenditures,shall be taken as a part of the cost or maintenance of the improvement. Thechief engineer shall be superintendent of all works and improvements, and shallmake a full report to the board each year, or oftener if required by the board,and may make such suggestions and recommendations to the board as he may deemproper.
3. The secretary and treasurer and such other agentsor employees of the district as the board of directors may direct shall furnishsurety bonds, at the expense of the district, in amount and form fixed andapproved by the court in accordance with the provisions of
[13:380:1955]
NRS
1. To have perpetual succession.
2. To take by appropriation, grant, purchase, bequest,devise or lease, and to hold and enjoy water, waterworks, water rights andsources of water supply and any and all real and personal property of any kindwithin or without the district or within or without the State of Nevada necessaryor convenient to the full exercise of its powers; and to sell, lease, encumber,alienate or otherwise dispose of water, waterworks, water rights and sources ofsupply of water for use within and without the district and within and withoutthe State of Nevada; also, to acquire, construct, operate, control and use anyand all works, facilities and means necessary or convenient to the exercise ofits power, both within and without the district, and within and without theState of Nevada, and to do and perform any and all things necessary orconvenient to the full exercise of the powers herein granted.
3. To have and to exercise the power of eminentdomain, and, in the manner provided by law for the condemnation of privateproperty for public use, to take any property necessary to the exercise of thepowers herein granted.
4. To construct and maintain works and establish andmaintain facilities across or along any public street or highway, and in, upon,or over any vacant public lands, which public lands are now, or may become, theproperty of the State of Nevada, and to construct works and establish andmaintain facilities across any stream of water or watercourse in accordancewith the laws of the State of Nevada, provided that the district shall promptlyrestore any such street or highway to its former state of usefulness as nearlyas may be, and shall not use the same in such manner as to impair completely orunnecessarily the usefulness thereof. The grant of the right to use such vacantstate land shall be effective upon the filing by such district with the StateLand Registrar of an application showing the boundaries, extent and locationsof the lands, rights-of-way or easements desired for such purposes. If thelands, rights-of-way or easements for which application shall be made are forthe construction of any aqueduct, ditch, pipeline, conduit, tunnel or otherworks for the conveyance of water, or for roads, or for poles or towers, andwires for the conveyance of electrical energy or for telephonic or telegraphiccommunication, no compensation shall be charged the district therefor, unlessin the opinion of the State Land Registrar the construction of such works willrender the remainder of the legal subdivision through which such works are tobe constructed valueless or unsalable, in which event the district shall payfor the lands to be taken and for such portion of any legal subdivision whichin the opinion of the board is rendered valueless or unsalable, at a rate notexceeding $2.50 per acre. If the lands for which application is made are forpurposes other than the construction of roads or works for the conveyance ofwater, or electricity or telephonic or telegraphic communication, such districtshall pay the State for such lands at a rate not exceeding $2.50 per acre. Uponfiling such application, accompanied by a map or plat showing the location orproposed location of such works and facilities, the fee title to so much ofsuch state lands as shall be necessary or convenient to enable such districtefficiently and without interference to construct, maintain and operate itsworks and to establish, maintain and operate its facilities shall be conveyedto the district by patent. If an easement or right-of-way only over such landsbe sought by the district, such easement or right-of-way shall be evidenced bya permit or grant executed by or on behalf of the State Land Registrar. TheState Land Registrar may reserve easements and rights-of-way in the publicacross any lands in such patents, grants or permits described for streets,roads and highways, established according to law. Before any such patent, grantor permit shall be executed, any compensation due to the State under theprovisions hereof must be paid. No fee shall be exacted from the district forany patent, permit or grant so issued or for any service rendered hereunder. Inthe use of streets the district shall be subject to the reasonable rules andregulations of the county, city or town where such streets lie, concerningexcavation and the refilling of excavation, the re-laying of pavements and theprotection of the public during periods of construction; but the district shallnot be required to pay any license or permit fees, or file any bonds. Thedistrict may be required to pay reasonable inspection fees.
5. To contract with the Government of the UnitedStates or any agency thereof, the State of Nevada or any of its cities,counties or other governmental subdivisions, for the construction,preservation, operation and maintenance of tunnels, drains, pipelines,reservoirs, ditches and waterways, regulating basins, diversion canals andworks, dams, power plants and all necessary works incident thereto within andwithout the State of Nevada, and to acquire perpetual rights to the use ofwater and electrical energy from such works; to sell and dispose of perpetualrights to the use of water and electrical energy from such works to persons andcorporations, public and private within or without the State of Nevada.
6. To list in separate ownership the lands within thedistrict which are susceptible of irrigation from district sources and to makean allotment of water to all such lands, which allotment of water shall notexceed the maximum amount of water that the board determines could bebeneficially used on such lands; to levy assessments, as hereinafter provided,against the lands within the district to which water is allotted on the basisof the value per acre-foot of water allotted to the lands within the district;but the board may divide the district into units and fix a different value peracre-foot of water in the respective units, and, in such case, shall assess thelands within each unit upon the same basis of value per acre-foot of waterallotted to lands within such unit.
7. To fix rates at which water not allotted to lands,as hereinbefore provided, shall be sold, leased or otherwise disposed of; butrates shall be equitable although not necessarily equal or uniform for likeclasses of service throughout the district.
8. To enter into contracts, employ and retain personalservices and employ laborers; to create, establish and maintain such officesand positions as shall be necessary and convenient for the transaction of thebusiness of the district; and to elect, appoint and employ such officers,attorneys, agents and employees therefor as shall be found by the board to benecessary and convenient.
9. To adopt plans and specifications for the works forwhich the district was organized, which plans and specifications may at anytime be changed or modified by the board. Such plans shall include maps,profiles, and such other data and descriptions as may be necessary to set forththe location and character of the works, and a copy thereof shall be kept in theoffice of the district and open to public inspection.
10. To appropriate and otherwise acquire water andwater rights within or without the State; to develop, store and transportwater; to subscribe for, purchase and acquire stock in canal companies, watercompanies, and water users associations; to provide, sell, lease, and deliverwater for municipal and domestic purposes, irrigation, power, milling,manufacturing, mining, metallurgical and any and all other beneficial uses, andto derive revenue and benefits therefrom; to fix the terms and rates therefor; andto make and adopt plans for and to acquire, construct, operate and maintaindams, reservoirs, ditches, waterways, canals, conduits, pipelines, tunnels,power plants and any and all works, facilities, improvements and propertynecessary or convenient therefor, and in the doing of all such things toobligate itself and execute and perform such obligations according to the tenorthereof.
11. To generate electric energy and to contract forthe generation, distribution and sale of such energy.
12. To invest any surplus money in the districttreasury, including such money as may be in any sinking fund established forthe purpose of providing for the payment of the principal or interest of anycontract, or other indebtedness, or for any other purpose, not required for theimmediate necessities of the district, in treasury notes or bonds of the UnitedStates, or of this state, or of any state, county or municipal corporation. Anybonds or treasury notes thus purchased and held may, from time to time, be soldand the proceeds reinvested in bonds or treasury notes as above provided. Salesof any bonds or treasury notes thus purchased and held shall from time to timebe made in season so that the proceeds may be applied to the purposes for whichthe money with which the bonds or treasury notes were originally purchased wasplaced in the treasury of the district. The functions and duties authorized bythis subsection shall be performed under such rules and regulations as shall beprescribed by the board.
13. To borrow money from the State of Nevada or othersources and incur indebtedness and to pledge revenues of the district to securethe repayment of any money so borrowed.
14. To adopt bylaws not in conflict with theConstitution and laws of the State for carrying on the business, objects andaffairs of the board and of the district.
15. To construct works for the drainage of landswithin the district and to levy special assessments against the lands drainedby such works for the repayment of the costs thereof.
[14:380:1955](NRS A 1959, 377; 1963, 768;
NRS
1. To make and enforce all reasonable rules andregulations for the management, control, operation and use of any such project.
2. To restrict or suspend the right of any person orcorporation to benefit from any such project if such person or corporation hasviolated any rule or regulation prescribed by the board as provided insubsection 1.
3. To withhold service upon or maintenance of any suchproject upon which there are any defaults or delinquencies of payments.
(Added to NRS by 1963, 765)
NRS
1. Subdistricts may be organized upon the petition ofthe owners of real property within, or partly within and partly without, thedistrict, which petition must be in substantially the same form and mustfulfill the same requirements concerning the subdistricts as the petitionoutlined in NRS 541.050 is required tofulfill concerning the organization of the main district. The petition mustalso contain a statement of the minimum quantity of water which the subdistrictproposes to acquire from the district for perpetual use and the court shall,before the entry of its decree organizing a subdistrict, require that thepetitioners attach to the petition written evidence of the consent of the boardof directors of the water conservancy district to furnish to the subdistrictthe perpetual use of water for the purpose specified in the petition.
2. Petitions for the organization of subdistricts mustbe filed with the clerk of the court and must be accompanied by a bond asprovided for in NRS 541.060. Theprocedure for the organization of subdistricts is the same as for the organizationof districts.
3. A subdistrict is a separate entity within thedistrict and has authority to contract with the district for the furnishing ofwater and for other purposes.
4. Within 60 days after the entry of the decreeincorporating a subdistrict, the Governor shall appoint a board of directors ofthe subdistrict consisting of persons who are owners of real property in thesubdistrict, and who may be directors of the district. The provisions of
[15:380:1955](NRS A 1959, 380; 1963, 771; 1969, 868;1989, 1407)
NRS
1. Class A. To levy and collect taxes upon allproperty within the district as provided in this chapter.
2. Class B. To levy and collect assessments forspecial benefits accruing to property within municipalities for which use ofwater is allotted as provided in this chapter.
3. Class C. To levy and collect assessments forspecial benefits accruing to lands within irrigation districts for which use ofwater is allotted as provided in this chapter.
4. Class D. To levy and collect assessments forspecial benefits accruing to lands for which use of water is allotted asprovided in this chapter.
5. Class E. To levy and collect assessments forspecial benefits accruing to lands from irrigation, flood control, drainage,safety and health resulting or to result from projects undertaken by thedistrict.
[16:380:1955](NRS A 1963, 772; 1979, 555; 1987, 538;1989, 1931; 1997, 1199)
NRS
[17:380:1955](NRS A 1959, 381)
NRS
1. To levy and collect special assessments under classB as herein provided, the board shall make an allotment of water to eachpetitioning municipality in the district in the manner hereinafter provided, insuch quantity as will in the judgment of the board, when added to the thenpresent supply of water of such municipality, make an adequate supply for suchmunicipality, and shall fix and determine the rate or rates per acre-foot, andterms at and upon which such water shall be sold, leased or otherwise disposedof, for use by such municipalities; but such rates shall be equitable althoughnot necessarily equal or uniform for like classes of services throughout thedistrict. If any city, city and county, or town shall desire to purchase,lease, or otherwise obtain the beneficial use of waters of the district fordomestic or irrigation purposes, the legislative body of such municipalityshall by ordinance authorize and direct its mayor and clerk to petition theboard for an allotment of water, upon terms prescribed by the board, whichpetition shall contain, inter alia, the following:
(a) Name of the municipality.
(b) Quantity of water to be purchased or otherwiseacquired.
(c) Price per acre-foot to be paid.
(d) Whether payments are to be in cash or annualinstallments.
(e) Agreement by the municipality to make payments forthe beneficial use of such water together with annual maintenance and operatingcharges and to be bound by the provisions of this chapter and the rules andregulations of the board.
2. The secretary of the board shall cause notice ofthe filing of such petition to be given and published once each week for 2successive weeks, in a newspaper published in the county in which themunicipality is situated, which notice shall state the filing of such petitionand give notice to all persons interested to appear at the office of the boardat a time named in the notice, and show cause, in writing, if any they have,why the petition should not be granted. The board, at the time and place mentionedin the notice or at such time or times at which the hearing of the petition mayadjourn, shall proceed to hear the petition and objections thereto, presented,in writing, by any person showing cause as aforesaid why the petition shouldnot be granted. The failure of any person interested to show cause in writing,as aforesaid, shall be deemed and taken as an assent on his part to thegranting of the petition. The board may, at its discretion, accept or rejectthe petition; but, if it deems it for the best interest of the district thatthe petition be granted, the board shall enter an order granting the petition,and from and after such order the municipality shall be deemed to havepurchased, leased or otherwise acquired the beneficial use of water as setforth in the order. If the petition is granted, the board shall, in each year, determinethe amount of money necessary to be raised by taxation from property withinsuch municipality to pay the annual installments and a fair proportionateamount of estimated operating and maintenance charges for the next succeedingyear, as provided in the order granting the petition, and prepare a statementshowing the tax rate to be applied to all property in such municipality, whichrate shall be the rate fixed by resolution of the board modified to the extentnecessary to produce from each such municipality only the amount of moneyapportioned thereto in the resolution, less any amount paid or undertaken to bepaid by such municipality in cash or as credited thereto by payments from thegeneral funds of such municipality. Upon receipt by the board of countycommissioners of each county, wherein such municipality is located, of acertified copy of such resolution showing the tax rate to be applied to allproperty in each municipality and showing the municipalities and the propertywhich is exempt therefrom, if any, the county officers shall levy and collectsuch tax in addition to such other tax as may be levied by such board of countycommissioners at the rate so fixed and determined.
[18:380:1955]
NRS
1. To levy and collect special assessments upon landsunder class C as herein provided, the board shall make an allotment of water toeach of the petitioning irrigation districts within the district in the manneras hereinafter provided in such quantity as will in the judgment of the board,when added to the present supply of water of such irrigation district, make anadequate supply of water for such irrigation district, and shall fix anddetermine the rate or rates per acre-foot and terms at and upon which watershall be sold, leased or otherwise disposed of to such irrigation district; butsuch rates shall be equitable although not necessarily equal or uniform forlike classes of services throughout the district. If any irrigation districtshall desire to purchase, lease or otherwise obtain the beneficial use ofwaters of the district, the board of such irrigation district shall by resolutionauthorize and direct its president and secretary to petition the board for anallotment of water, upon terms prescribed by the board, which petition shallcontain, inter alia, the following:
(a) Name of the irrigation district.
(b) Quantity of water to be purchased or otherwiseacquired.
(c) Price per acre-foot to be paid.
(d) Whether payments are to be made in cash or annualinstallments.
(e) Agreement by such irrigation district to make paymentsfor the beneficial use of such water, together with annual maintenance andoperating charges, and to be bound by the provisions of this chapter and therules and regulations of the board.
2. The secretary of the board shall cause notice ofthe filing of such petition to be given and published, which notice shall statethe filing of such petition and give notice to all persons interested to appearat the office of the board at a time named in the notice and show cause inwriting, if any they have, why the petition should not be granted. The board atthe time and place mentioned in the notice, or at such time or times at whichthe hearing of the petition may be adjourned, shall proceed to hear thepetition and objections thereto, presented, in writing, by any person showingcause as aforesaid why the petition should not be granted. The failure of anyperson interested to show cause, in writing, as aforesaid, shall be deemed andtaken as an assent on his part to the granting of the petition. The board may,in its discretion, accept or reject the petition, but, if it deems it for thebest interest of the district that the petition shall be granted, shall enteran order to that effect granting the petition, and from and after such order,the irrigation district and persons therein shall be deemed to have purchased,leased or otherwise acquired the beneficial use of water as set forth in theorder. If the petition is granted, the board shall, in each year, determine theamount of money necessary to be raised by special assessment on lands withinsuch irrigation district and shall determine whether such special assessmentshall be levied by the district or by the irrigation district. If the boarddetermines that such assessments shall be levied by the district, it shallcertify to the county assessor of the county in which the lands of suchirrigation district are located the amount of the assessment, plus a fairproportionate amount of the estimated operating and maintenance charges for thenext succeeding year on each tract of land on or before April 1 of each year,and such county assessor shall extend the amount of such special assessment,plus the operating and maintenance charges on the tax roll as a specialassessment against the lands on which the special assessment is made. If theboard determines that such assessments shall be levied by the irrigationdistrict, the district shall make a contract with the irrigation district whichshall provide among other things for the annual payment to the district of anamount to be obtained from the levy by the irrigation district of annualassessments in accordance with chapter 539 ofNRS.
[19:380:1955]
NRS
1. To levy and collect special assessments upon landsunder class D as herein provided, the board shall make an allotment of water topetitioning owners of lands in the district, upon which water can bebeneficially used in the manner as hereinafter provided, in such amount aswill, in the judgment of the board, together with the present supply of waterfor irrigation purposes on such lands, make an adequate water supply forirrigation of such lands, and shall fix and determine the rate or rates peracre-foot and the terms at and upon which water shall be held, leased, or otherwisedisposed of, for use on the lands. If any person or private corporation shallelect to purchase, lease or otherwise obtain the beneficial use of waters ofthe district for irrigation of lands or for domestic purposes, such person orcorporation shall petition the board for an allotment of water upon termsprescribed by the board which petitions shall contain, inter alia, thefollowing:
(a) Name of the applicant.
(b) Quantity of water to be purchased or otherwiseacquired.
(c) Description of lands upon which, or location where,the water will be used and attached.
(d) Price per acre-foot to be paid.
(e) Whether payments will be made in cash or annualinstallments.
(f) Agreement that the annual installments and thecharges for maintenance and operating shall become a lien upon the lands forwhich such water is petitioned and allotted and to be bound by the provisionsof this chapter and the rules and regulations of the board.
2. The board may, in its discretion, accept or rejectthe petition, but, if it deems it for the best interests of the district thatthe petition be granted, shall enter an order granting the petition, and fromand after such order the petitioner shall have been deemed to have agreed tothe purchase, lease or other means of acquiring the beneficial use of waterunder the terms set forth in the petition and order. Such order shall providefor payment on the basis of rate per acre-foot of water allotted to the landswithin the district, providing:
(a) That the board may divide the district into unitsand fix a different rate per acre-foot of water in the respective units; and
(b) That such rates shall be equitable although notnecessarily equal or uniform for like classes of services throughout the district.
3. The secretary of the board shall cause notice ofthe filing of such petition to be given and published, which notice shall statethe filing of such petition and give notice to all persons interested to appearat the office of the board at a time named in the notice and show cause inwriting, if any they have, why the petition should not be granted. The board atthe time and place mentioned in the notice, or at such time or times at whichthe hearing on the petition may be adjourned, shall proceed to hear thepetition and objections thereto, presented, in writing, by any person showingcause, as aforesaid, why the petition should not be granted. The failure of anyperson interested to show cause, in writing, as aforesaid, shall be deemed andtaken as an assent on his part to the granting of the petition. The board may,in its discretion, accept or reject the petition, but, if it deems it for thebest interest of the district that the petition shall be granted, shall enteran order to that effect granting the petition, and from and after such orderthe petitioner or persons interested therein shall be deemed to have purchased,leased or otherwise acquired the beneficial use of water as set forth in theorder. If the petition is granted, the board shall cause a certified copy ofthe order granting the petition to be recorded in the county in which the landsare located, and thereafter the annual installments and annual operating andmaintenance charges shall be a perpetual lien upon such lands. The board shall,between March 1 and March 15 of each year, certify to the county assessor ofthe county within the district in which such lands are located the amount ofthe annual installments, plus a fair proportionate amount of the estimatedoperating and maintenance charges apportioned to the lands for the nextsucceeding year, and the county assessor shall extend the amount so certifiedon the tax roll as a flat special assessment against the lands for which suchwater is petitioned and allotted.
[20:380:1955](NRS A 1959, 381)
NRS
1. To levy and collect special assessments upon landsunder class E as herein provided, the board shall examine the land in thedistrict and determine the benefits which will accrue to each parcel of landfrom the construction or purchase of the works proposed for the district. Thecost of such works shall be apportioned or distributed over such parcels ofland in proportion to such benefits.
2. Any county, municipality, irrigation district,person or corporation which desires a board to undertake any irrigation, floodcontrol, drainage, safety or health project may file a petition requesting theaccomplishment of any such project with the board of the district in which suchproject is desired to be accomplished.
3. Every such petition shall be issued pursuant to anordinance adopted by the county or municipality which desires theaccomplishment of the project, or, if the petitioner is other than a county ormunicipality, by the county or municipality in which the petitioner resides,and shall set forth:
(a) The name of the petitioner.
(b) The nature of the project desired to beaccomplished.
(c) The estimated cost and extent of such project.
4. The secretary of the board shall cause notice ofthe filing of the petition to be published, which notice shall state the filingof such petition and give notice to all persons interested to appear at theoffice of the board at a time named in the notice and, in writing, show cause,if any, why the petition should not be granted. The board, at the time andplace mentioned in the notice, or at such time or times to which the hearingmay be adjourned, shall hear the petition and objections thereto. The failureof any person to show cause in writing why the petition should not be grantedshall be deemed an assent on his part to the granting of the petition. Theboard may, in its discretion, accept or reject the petition, but if it findsthat it will be in the best interest of the district that the petition begranted, it shall enter an order to that effect granting the petition andfixing annual special assessments on the land within the district apportionedas provided in subsection 1.
5. If the petition is granted, the board shall cause acertified copy of the order granting the petition to be recorded in the countyin which the lands are located, and thereafter the annual special assessmentsshall be a perpetual lien upon such lands. The board shall, between March 1 andMarch 15 of each year, certify to the county assessor of the county within thedistrict in which such lands are located the amount of the annual specialassessments, plus a fair proportionate amount of the estimated operating andmaintenance charges apportioned to the lands for the next succeeding year, andthe county assessor shall extend the amount so certified on the tax roll as aflat special assessment against such lands.
(Added to NRS by 1963, 764)
NRS
1. Except as otherwise provided in subsection 2,nothing in this chapter requires the board or a subcontracting agency tofurnish water for the purpose of filling or maintaining a man-made lake orstream where that use of water is prohibited or restricted by ordinance of:
(a) The county, if the man-made lake or stream islocated within the unincorporated areas of the county; or
(b) A city, if the man-made lake or stream is locatedwithin the boundaries of the city.
2. The provisions of subsection 1 and of any ordinancereferred to in subsection 1 do not apply to:
(a) Water stored in a man-made reservoir for use inflood control, in meeting peak water demands or for purposes relating to thetreatment of sewage;
(b) Water used in a mining reclamation project; or
(c) A body of water located in a recreational facilitythat is open to the public and owned or operated by the United States or theState of Nevada.
(Added to NRS by 1989, 1445)
NRS
[21:380:1955]
NRS
1. Prior to March 1 of each year in which assessmentsare made, the board shall appoint a time and place or places where it will meetwithin the district for the purposes of hearing objections to assessments, andprior notice of such hearing shall be given by publication in two issues, aweek apart, in some newspaper of general circulation published in each county;but if there is any county in the district in which there is no newspaperpublished, then such notice shall be published in an adjoining county. Thenotice shall notify the owners of property in the district that in the secretarysoffice may be found and examined a description of the property so assessed, theamount of the assessment thereon fixed by the board, and the time and place orplaces fixed by the board for the hearing of objections to such assessments. Itshall not be necessary for the notice to contain separate descriptions of thelots or tracts of real estate, but it shall be sufficient if the notice shallcontain such descriptions as will inform the owner whether or not his realestate is covered by such descriptions, and will inform the owner where can befound of record the amount of assessments. If, in the opinion of any personwhose property is assessed, his property has been assessed too high, or hasbeen erroneously or illegally assessed, he may, at any time before the date ofsuch hearing, file written objections to such assessments, stating the groundsof such objections, which statement shall be verified by the affidavit of theperson or his agent. In such hearing the board shall hear such evidence and argumentsas may be offered concerning the correctness or legality of such assessment andmay modify or amend the same. Any owner of property desiring to appeal from thefindings of the board as to assessment shall, within 30 days from the findingsof the board, file with the clerk of the court a written notice making demandfor trial by the court. The appellant at the same time shall file a bond withgood and sufficient security to be approved by the clerk of the court, in a sumnot exceeding $200, to the effect that if the finding of the court be not morefavorable to the appellant than the finding of the board the appellant will paythe cost of the appeal. The appellant shall state definitely from what part ofthe order the appeal is taken. In case more than one appeal is taken, the courtmay, upon its showing that the same may be consolidated without injury to theinterests of anyone, consolidate and try the same together.
2. The court shall not disturb the findings of theboard unless the findings of the board in any case are manifestlydisproportionate to the assessments imposed upon other property in the districtcreated under this chapter. The trial shall be to the court and the mattershall take precedence before the court and shall be taken up as promptly as maybe after the appeal is filed. If no appeal is taken from the findings of theboard within the time prescribed in this section, or after the findings of thecourt in case an appeal is taken from the findings of the board, then thefindings shall be final and conclusive evidence that the assessments have beenmade in proportion to the benefits conferred upon the property in the districtby reason of the improvements to be constructed under the provisions of thischapter, and such assessments shall constitute a perpetual lien upon suchproperty so assessed until paid.
[22:380:1955](NRS A 1959, 383)
NRS
[23:380:1955]
NRS
[24:380:1955](NRS A
NRS
[25:380:1955]
NRS
[26:380:1955]
NRS
1. A water users association may bind itself to levyan annual assessment on the use of water and to secure the same by liens onland and water rights or in such manner as may be provided by law.
2. A mutual ditch or irrigation company may binditself by mortgage upon its irrigation works and system and levy annualassessments upon its stockholders.
3. Any person or corporation landowner may create amortgage lien upon lands or give other security satisfactory to the board; andall such contracts shall provide for forfeiture of the use of water fornonpayment of assessments or installments.
[27:380:1955]
NRS
[28:380:1955]
NRS
1. To make and enforce all reasonable regulations forthe management, control and delivery of water, subject to the provisions of
2. To withhold the delivery of water upon which thereare any defaults or delinquencies of payment.
3. Subject to such limitations as may be prescribed bythe board of directors, to provide for and declare forfeitures of rights to theuse of water upon default or failure to comply with any order, contract oragreement for the purchase, lease or use of water and to resell, lease orotherwise dispose of water upon which forfeiture has been declared.
4. To allocate and reallocate the use of water tolands within the district.
5. To provide for and grant the right, upon terms, totransfer water from lands to which water has been allocated to other landswithin the district and to discharge liens from lands to which same wastheretofore attached and to create liens, as provided in this chapter, uponlands to which the use of such water is transferred.
[29:380:1955](NRS A 1977, 552)
NRS
[30:380:1955](NRS A
NRS
1. The boundaries of any district organized under theprovisions of this chapter may be changed in the manner herein prescribed, butthe change of boundaries of the district shall not:
(a) Impair or affect its organization or its rights inor to property, or any of its rights or privileges whatsoever.
(b) Affect or impair or discharge any contract,obligation, lien or charge for or upon which it might be liable or chargeablehad such change of boundaries not been made.
2. The owners of lands may file with the board apetition, in writing, praying that such lands be included in the district. Thepetition shall describe the tracts or body of land owned by the petitioners, andsuch petition shall be deemed to give assent of the petitioners to theinclusion in the district of the lands described in the petition. The petitionmust be acknowledged in the same manner that conveyances of land are requiredto be acknowledged.
3. The secretary of the board shall cause notice offiling of such petition to be given and published in the county in which thelands are situated, which notice shall state the filing of such petition, namesof petitioners, description of lands mentioned and the prayer of thepetitioners; and it shall give notice to all persons interested to appear atthe office of the board at the time named in the notice and show cause inwriting, if any they have, why the petition should not be granted.
4. The board shall at the time and place mentioned, orat such time or times at which the hearing may be adjourned, proceed to hearthe petition and all objections thereto presented, in writing, by any personshowing cause why the petition should not be granted. The failure of any personinterested to show cause, in writing, shall be deemed and held and taken as anassent on his part to the inclusion of such lands in the district as prayed forin the petition.
5. If the petition is granted, the board shall make anorder to that effect and file same with the clerk of the court, and upon orderof the court the lands shall be included in the district.
[31:380:1955]
NRS
1. The owner or owners in fee of any landsconstituting a portion of the district may file with the board a petitionpraying that such lands be excluded and taken from the district.
2. Petitions shall describe the lands which thepetitioners desire to have excluded. The petition must be acknowledged in thesame manner and form as required in case of a conveyance of land and beaccompanied by a deposit of money sufficient to pay all costs of the exclusionproceedings.
3. The secretary of the board shall cause a notice offiling of such petition to be published in the county in which the lands, orthe major portion thereof, are located. The notice shall state the filing ofsuch petition, the names of petitioners, descriptions of lands mentioned in thepetition, and the prayer of the petitioners; and it shall notify all personsinterested to appear at the office of the board at the time named in thenotice, showing cause in writing, if any they have, why the petition should notbe granted.
4. The board at the time and place mentioned in thenotice, or at the time or times at which the hearing of the petition may beadjourned, shall proceed to hear the petition and all objections theretopresented, in writing, by any person showing cause why the prayer of thepetition should not be granted. The filing of such petition shall be deemed andtaken as an assent by each and all such petitioners to the exclusion from thedistrict of the lands mentioned in the petition, or any part thereof. The board,if they deem it not for the best interests of the district that the landsmentioned in the petition, or portion thereof, shall be excluded from thedistrict, shall order that the petition be denied; but if the board deems itfor the best interest of the district that the lands mentioned in the petition,or some portion thereof, be excluded from the district, and if there are notoutstanding bonds of the district, then the board may order the lands mentionedin the petition, or some portion thereof, to be excluded from the district. Incase a contract has been made between the district and the United States or anyagency thereof, no change shall be made in the boundaries of the districtunless the Secretary of the Interior shall assent thereto in writing and suchassent be filed with the board. Upon such assent, any lands excluded from thedistrict shall upon order of the court be discharged from all liens in favor ofthe United States under the contract with the United States or under bondsdeposited with its agents.
5. Upon allowance of such petition, the board shallfile a certified copy of the order of the board making such change with theclerk of the court, and upon order of the court the lands shall be excludedfrom the district.
[32:380:1955]
NRS
[33:380:1955]
NRS
1. Whenever the board of a district incorporated underthis chapter, by resolution adopted by a majority of the board, determines thatthe interests of the district and the public interest or necessity demand theacquisition, construction or completion of any source of water supply,waterworks, or other improvements, or facility, or the making of any contractwith the United States, the State of Nevada or other persons to carry out theobjects or purposes of the district, wherein the indebtedness or obligationsrequired will be a greater expenditure than the ordinary annual income andrevenue of the district permits, the board shall order the submission of theproposition of issuing that obligation or indebtedness, for the purposes setforth in the resolution, to such qualified electors of the district as havepaid a tax on property in the district in the year preceding the election, at aspecial election or the next primary or general election. In the ordersubmitting the propositions to the electors, the board shall, if it is proposedthat the indebtedness be secured by pledge of any revenues of the district, sostate, and shall designate the revenues to be so pledged.
2. A special election may be held only if the boarddetermines, by a unanimous vote, that an emergency exists. The determinationmade by the board is conclusive unless it is shown that the board acted withfraud or a gross abuse of discretion. An action to challenge the determinationmade by the board must be commenced within 15 days after the boardsdetermination is final. As used in this subsection, emergency means anyunexpected occurrence or combination of occurrences which requires immediateaction by the board to prevent or mitigate a substantial financial loss to thedistrict or to enable the board to provide an essential service to the residentsof the district.
3. Any election held for the purpose of submitting anyproposition or propositions of incurring such obligation or indebtedness may beheld separately, or may be consolidated or held concurrently with any otherelection authorized by law at which such qualified electors of the district areentitled to vote.
4. A resolution adopted pursuant to subsection 1 must,in addition to the declaration of public interest or necessity, include astatement of:
(a) The objects and purposes for which the indebtednessis proposed to be incurred.
(b) The estimated cost of the works or improvements, asthe case may be.
(c) The amount of principal of the indebtedness to beincurred therefor, and the maximum rate of interest to be paid on theindebtedness.
5. The resolution must also:
(a) Fix the date upon which the election will be heldand the manner of holding the election and describe the method of voting for oragainst the incurring of the proposed indebtedness.
(b) Fix the compensation to be paid the officers of theelection and shall designate the precincts and polling places and shall appointfor each polling place, from each precinct from the electors thereof, theofficers of such election, which officers shall consist of three judges, one ofwhom shall act as clerk, who shall constitute a board of election for eachpolling place.
6. The description of precincts may be made byreference to any order of the board of county commissioners of the county inwhich the district or any part thereof is situated, or by reference to anyprevious order or resolution of the board or by detailed description of thoseprecincts. Precincts established by the boards of the various counties may beconsolidated for special elections held hereunder.
7. If the election is held concurrently orconsolidated with any other election, the resolution calling the election isnot required to designate precincts or polling places or the names of officersof election, but must contain a reference to the act or order calling suchother election and fixing the precincts and polling places and appointingelection officers therefrom.
[34:380:1955](NRS A 1963, 772; 1993, 1090)
NRS
[35:380:1955](NRS A 1993, 1091)
NRS
[36:380:1955](NRS A 1993, 1091)
NRS
1. If it appears from the returns that a majority ofthe qualified electors of the district who voted on any proposition submittedpursuant to NRS 541.340 voted in favorof the proposition, the district may incur the indebtedness or obligations andenter into the contract for the purpose or purposes and object or objectsprovided for in the proposition submitted pursuant to
2. Submission of the proposition of incurring suchobligation or other indebtedness at a special, primary or general election doesnot prohibit submission of the same proposition or other propositions at asubsequent special, primary or general election.
[37:380:1955](NRS A 1993, 1092)
NRS
1. The board may, in its discretion, at any time filea petition in the court, praying a judicial examination and determination ofthe validity of the proceedings for the formation of any water conservancydistrict or subdistrict thereof purported to be formed under the provisions ofthis chapter or any amendment thereof or of any power conferred hereby or byany amendment hereto or of any tax or assessment levied or of any act,proceeding or contract of any such district or subdistrict, whether or not thecontract shall have been executed, including proposed contracts for the acquisition,construction, maintenance or operation of works for such district orsubdistrict.
2. The petition shall set forth the facts whereon thevalidity of such order, power, assessment, act, proceeding or contract isfounded and shall be verified by the president of the board. Notice of thefiling of the petition shall be given by the clerk of the court, under the sealthereof, stating in brief outline the contents of the petition and showingwhere a complete copy of any contract or contracts, therein mentioned, may beexamined. The notice shall be served by publication at least once a week for 4consecutive weeks in a newspaper of general circulation in the county in whichthe principal office of the district is located, and by posting the same in theoffice of the district at least 30 days prior to the date fixed in the noticefor the hearing on the petition. Any owner of property in the district orperson interested in the contract or proposed contract may appear and answerthe petition at any time prior to the date fixed for the hearing or within suchfurther time as may be allowed by the court, and the petition shall be taken asconfessed by all persons who fail so to appear.
3. The petition and notice shall be sufficient to givethe court jurisdiction and, upon hearing, the court shall examine into anddetermine all matters and things affecting the question submitted, shall makesuch findings with reference thereto and render such judgment and decreethereon as the case warrants. Costs may be divided or apportioned among thecontesting parties in the discretion of the trial court.
4. Review of the judgment of the court may be had asin other similar cases, except that such review must be applied for within 30days after the time of the rendition of such judgment, or within suchadditional time as may be allowed by the court within 30 days.
5. The Nevada Rules of Civil Procedure shall govern inthe matters of pleading and practice where not otherwise specified herein.
6. The court shall disregard any error, irregularityor omission which does not affect the substantial rights of the parties.
[38:380:1955]
NRS
[39:380:1955]
NRS
1. All cases in which there may arise a question ofthe validity of the organization of a water conservancy district or a questionof the validity of any proceeding under this chapter shall be advanced as amatter of immediate public interest and concern, and be heard at the earliestpracticable moment.
2. The courts shall be open at all times for thepurposes of this chapter.
[40:380:1955]
NRS
[41:380:1955]
NRS
[43:380:1955]
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