2005 Nevada Revised Statutes - Chapter 543 — Control of Floods

CHAPTER 543 - CONTROL OF FLOODS

COOPERATION WITH UNITED STATES; FINANCIAL ASSISTANCE

General Provisions

NRS 543.010 Directordefined.

NRS 543.020 Declarationof policy.

 

Participation in Projects for Control of Floods With United States

NRS 543.030 Directorof State Department of Conservation and Natural Resources to give assurancesand perform acts required in connection with projects as directed byLegislature.

NRS 543.040 FloodControl Account: Creation; money in Account does not lapse.

NRS 543.050 FloodControl Account: Authorized expenditures; reimbursements.

NRS 543.060 Reimbursementsin proportion to benefit received; time of payments; budgets.

NRS 543.070 Certificationof charges by county commissioners to county assessor; entry on assessmentroll; collection of special tax; liens.

NRS 543.080 Taxesand charges deposited for credit to Flood Control Account; claims againstAccount.

 

Loans From Flood Control Account

NRS 543.090 Loansto counties, cities and public districts for planning, engineering,administration, acquisition of easements and other costs.

NRS 543.100 Loansapproved by Director of State Department of Conservation and Natural Resources,Governor and State Board of Finance.

NRS 543.110 Contentsof petition for loan; repayment period; budgets.

NRS 543.120 Certificationof charges by county commissioners to county assessor; entry on assessmentroll; collection of special tax; liens.

NRS 543.130 Receiptsdeposited in Flood Control Account; claims against Account.

NRS 543.140 Limitationson loans.

 

Loans for Emergency Repair of Damage From Floods

NRS 543.150 Legislativedeclaration; application; conditions; repayment.

DISTRICTS FOR CONTROL OF FLOODS

General Provisions

NRS 543.170 Legislativedeclaration.

NRS 543.180 Definitions.

NRS 543.181 Acquisitionand acquire defined.

NRS 543.182 Boarddefined.

NRS 543.184 Districtdefined.

NRS 543.185 Hydrographicarea defined.

NRS 543.1855 Masterplan defined.

NRS 543.186 Projectand improvement defined.

NRS 543.188 Taxpayingelector defined.

NRS 543.190 Computationof time.

NRS 543.195 Publicationof notice.

NRS 543.200 Correctionof faulty notices.

NRS 543.210 Sufficiencyof NRS 543.170 to 543.830, inclusive.

NRS 543.220 Liberalconstruction.

 

Organization of Districts

NRS 543.240 Areaincluded within district.

NRS 543.250 Creationin certain counties; interest not prohibited; inclusion of territory withinanother county.

NRS 543.260 Initiatingordinance; contents.

NRS 543.270 Noticeof organizational hearing.

NRS 543.280 Protestsagainst organization of district.

NRS 543.290 Organizationalhearing; ordinance creating or abandoning.

NRS 543.300 Conclusivenessof ordinance creating district; filing of ordinance with Secretary of State;filing of map with county recorder.

NRS 543.310 Paymentof organizational costs.

 

Board of Directors: Powers and Duties

NRS 543.320 Boardof county commissioners or regional transportation commission constitutes boardof directors.

NRS 543.330 Districtofficers: Designation and selection; duties; compensation and expenses.

NRS 543.340 Meetings;quorum; written policies and procedures.

NRS 543.355 Citizensadvisory committee: Creation; composition; powers and duties.

NRS 543.360 Acquisition,construction and operation of projects and improvements; conservation of water;expenditure or provision of money for certain purposes.

NRS 543.362 Projectmay consist of any interest in property.

NRS 543.365 Aestheticenhancement of projects.

NRS 543.368 Locationof improvement along or across public road or highway.

NRS 543.370 Perpetualexistence of board.

NRS 543.380 Corporateseal.

NRS 543.390 Suits,actions and proceedings.

NRS 543.400 Acquisition,improvement and disposal of property.

NRS 543.410 Storageand reclamation of floodwater; actions and proceedings concerning water.

NRS 543.420 Eminentdomain.

NRS 543.430 Acquiredwater to be used only in replenishing water basin.

NRS 543.440 Useof property taken by eminent domain declared public use; diversion of water.

NRS 543.450 Surveys;acquisition of land and water; agreements; cooperation with governmentalagencies and public and private corporations.

NRS 543.460 Investigations,studies and research; development of new techniques and processes;establishment of standards and criteria.

NRS 543.470 Operation,maintenance and repair of improvements.

NRS 543.480 Contracts;improvements made by district.

NRS 543.490 Borrowingmoney; evidences of indebtedness.

NRS 543.500 Acquisitionand disposal of and encumbrances on property.

NRS 543.510 Appointmentand powers of chief engineer and general manager; duties and compensation ofother employees; technical committee; contracts with agencies of FederalGovernment; duties of county officers and employees.

NRS 543.520 Bylaws.

NRS 543.530 Impliedpowers.

NRS 543.540 Agreementsconcerning projects for control of floods.

NRS 543.545 Exemptionfrom requirements of public bidding for construction of certain flood controlfacilities.

NRS 543.547 Compliancewith master plan required for construction of flood control facility by localgovernment; state agencies required to comply with master plan if practicable.

NRS 543.550 Rights-of-wayacross public lands granted to districts.

NRS 543.560 Acquisitionof right to flood or interfere with property; relocation of streets, highwaysand other property.

NRS 543.570 Connectionwith storm water drain or flood control facility: Application; fee; penalty.

NRS 543.580 Chiefengineer and general manager: Investigations, reports and estimates;recommendations; employment of engineers and surveyors.

NRS 543.590 Surveyand report of problems; assistance in preliminary planning; adoption of masterplan.

NRS 543.595 Adoptionof uniform regulations; variances; incorporation of regulations into ordinancesby city or county; compliance with standards, criteria and policies of board.

NRS 543.5955 Annualreview of master plan; annual report by board.

NRS 543.596 Furtherreview of master plan at 5-year intervals.

NRS 543.5965 Morefrequent review of master plan authorized; budget to include funding for reviewand amendment of plan.

NRS 543.597 Changeof facility on or amendment of master plan; exception.

NRS 543.5975 Amendmentof master plan for expenditure or provision of money to protect public orprivate property from flooding.

 

Taxation

NRS 543.600 Publichearing and election required in certain counties; requirements for ballotquestion; special elections; power to levy taxes; use of other money.

NRS 543.605 Applicabilityof NRS 543.610 to 543.640, inclusive.

NRS 543.610 Levyand collection of taxes.

NRS 543.620 Leviesto cover deficiencies.

NRS 543.630 Countyofficers to levy and collect.

NRS 543.640 Salesfor delinquencies.

NRS 543.650 Depositof money in regional fund for control of floods; creation of reserve fund;limitations on use of money in funds.

 

Boundaries; Inclusion and Exclusion of Property

NRS 543.665 Boundarychanges; liability of property.

NRS 543.675 Exclusion.

NRS 543.685 Inclusion.

 

Borrowing and Bonds

NRS 543.690 Formsof borrowing; applicability of Local Government Securities Law; additionalsecurity; notice of proposed issuance of long-term general obligation bondsrequired.

NRS 543.700 Short-termnotes.

NRS 543.710 Generalobligation bonds: Interest; maturity; denominations; form.

NRS 543.760 Applicabilityof NRS 350.500 to 350.720, inclusive.

 

Dissolution of Districts

NRS 543.790 Resolutiondissolving ordinance; notice.

NRS 543.800 Protestsagainst dissolution; adoption of final ordinance.

NRS 543.810 Hearingon dissolution.

NRS 543.820 Filingof ordinance dissolving district.

NRS 543.830 Transferof property and money to county; collection and disposition of taxes.

_________

 

COOPERATION WITH UNITED STATES; FINANCIAL ASSISTANCE

General Provisions

NRS 543.010 Directordefined. As used in NRS 543.010 to 543.150, inclusive, Director means theDirector of the State Department of Conservation and Natural Resources.

(Added to NRS by 1960, 56)

NRS 543.020 Declarationof policy. It is hereby declared to be thepolicy of the State of Nevada to cooperate with the United States and itsdepartments and agencies, and with the counties, cities and public districts ofthe State, in preventing loss of life and property, disruption of commerce,interruption of transportation and communication and waste of water resultingfrom floods, and in furthering the conservation, development, utilization anddisposal of water.

(Added to NRS by 1960, 56)

Participation in Projects for Control of Floods WithUnited States

NRS 543.030 Directorof State Department of Conservation and Natural Resources to give assurancesand perform acts required in connection with projects as directed byLegislature. The Director is hereby authorizedto give all assurances and perform any other acts required by the Secretary ofthe Army and the Congress of the United States in connection with flood controlprojects in the State of Nevada, when and as directed by acts of theLegislature of the State of Nevada.

(Added to NRS by 1959, 165)

NRS 543.040 FloodControl Account: Creation; money in Account does not lapse. The Flood Control Account is hereby created in the StateGeneral Fund. Money in the Flood Control Account does not lapse at the end ofany fiscal year.

(Added to NRS by 1959, 165; A 1979, 116; 1991, 1786)

NRS 543.050 FloodControl Account: Authorized expenditures; reimbursements. The Director shall use the money in the Flood ControlAccount to pay all necessary costs in order to carry out the assurances and toperform the acts provided for in NRS 543.030.Reimbursements to the Account must be in the manner described in NRS 543.060.

(Added to NRS by 1959, 165; A 1979, 116; 1991, 1787)

NRS 543.060 Reimbursementsin proportion to benefit received; time of payments; budgets.

1. The Director shall determine which counties, citiesand public districts benefit by the project, and whether the State is benefitedby the project, and to what extent there is benefit to the subdivisions, andreimbursement to the Flood Control Account must be made in proportion to thebenefit received.

2. If any portion of the Flood Control Account is usedfor maintenance of any of those flood control projects, the Flood ControlAccount must be fully reimbursed for cost of the maintenance by the State,counties, cities and public districts benefited by the project.

3. The Director shall determine the period forrepayment of the initial nonfederal charges as provided for under subsection 1,which period may not be more than 5 years after completion of the project forwhich money has been authorized.

4. The Director, after having determined the benefitsas set forth in subsection 1, shall, between the first Monday of October andthe first Monday of December of each year, prepare a budget showing the amountof money estimated to be necessary to repay the initial capital outlay, whichinitial capital outlay is to be assessed in equal annual installments, and anyestimated maintenance cost for the then current year, and submit the budget tothe board of county commissioners. When the flood control project lies in morethan one county, separate budgets must be prepared for each county.

(Added to NRS by 1959, 165; A 1979, 116; 1991, 1787)

NRS 543.070 Certificationof charges by county commissioners to county assessor; entry on assessmentroll; collection of special tax; liens.

1. Upon receipt of such budget by the board of countycommissioners, the board of county commissioners shall certify the respectivecharges contained therein to the county assessor. The county assessor shallenter the amount of such charge or charges on the assessment roll against thebeneficiaries.

2. The proper officers of the county shall collectsuch special tax as other special taxes are collected, and such charge shall bea lien upon the property so served, and shall be collected in the same manneras other taxes are collected.

(Added to NRS by 1959, 165)

NRS 543.080 Taxesand charges deposited for credit to Flood Control Account; claims againstAccount.

1. The taxes and charges provided for in NRS 543.070, when collected, must bedeposited with the State Treasurer for credit to the Flood Control Account.

2. All bills against the Account must be certified bythe Director and, when certified and approved by the State Board of Examiners,the State Controller is authorized to draw his warrant against the FloodControl Account.

(Added to NRS by 1959, 166; A 1979, 117; 1991, 1787)

Loans From Flood Control Account

NRS 543.090 Loansto counties, cities and public districts for planning, engineering,administration, acquisition of easements and other costs.

1. Whenever the Secretary of Agriculture or theSecretary of the Army has approved or may approve a work of improvement or aflood control project in the State of Nevada, and the Congress of the UnitedStates has appropriated or may appropriate money for such work or project, anda county, city or public district, or a combination thereof, has given or is ina position to give the assurances required by the Watershed Protection andFlood Prevention Act, Public Law 566, 83rd Congress, 68 Stat. 666, as amended,or the Flood Control Act of 1954, Public Law 780, 83rd Congress, 68 Stat. 1256,as amended, and such county, city or public district is in need of immediatefinancial assistance for planning, engineering, administration, acquisition ofeasements and rights-of-way or other costs, such county, city or publicdistrict may apply to the Director for such assistance in the manner providedin NRS 543.090 to 543.140, inclusive.

2. A city, county or public district may apply to theDirector for financial assistance pursuant to NRS543.090 to 543.140, inclusive, forthe payment of the cost of surveying along a river when such surveyingpotentially but not necessarily will culminate in or assist a flood controlproject.

(Added to NRS by 1960, 56; A 1973, 772)

NRS 543.100 Loansapproved by Director of State Department of Conservation and Natural Resources,Governor and State Board of Finance. Upon apetition from a county, city or public district to the Director, in a formprescribed by the Director, requesting financial assistance to aid in payingthe costs of planning, engineering, administration, acquisition of easementsand rights-of-way and other proper expenses connected with a flood controlproject, or in paying costs for a riparian survey, the Director may, followingstudy and approval of the proposed project or survey, and subject to theapproval of the Governor and the State Board of Finance, loan money from theFlood Control Account in the manner provided in NRS 543.090 to 543.140, inclusive.

(Added to NRS by 1960, 56; A 1973, 773; 1979, 117;1991, 1787)

NRS 543.110 Contentsof petition for loan; repayment period; budgets.

1. Each petition to the Director must describe theproposed flood control project or riparian survey, state the amount of moneyrequested, and designate the areas to be assessed to reimburse the FloodControl Account.

2. The Director shall determine the period to beallowed for repayment of the money loaned, which period may not be longer than5 years from the date of the loan.

3. The Director shall, between the first Monday ofOctober and the first Monday of December of each year following the date of anyloan, prepare a budget based on repayment of the loan in equal annualinstallments showing the amount of money to be repaid in the next succeedingfiscal year, and shall submit the budget to the board of county commissionersof the county in which the project or survey is located. If the project orsurvey is located in more than one county, separate budgets must be preparedfor each county.

(Added to NRS by 1960, 56; A 1973, 773; 1979, 117;1991, 1787)

NRS 543.120 Certificationof charges by county commissioners to county assessor; entry on assessmentroll; collection of special tax; liens.

1. Upon receipt of a budget from the Director, theboard of county commissioners shall certify the charge or charges containedtherein to the county assessor. The county assessor shall enter such charge orcharges on the assessment roll against the property benefited.

2. The appropriate officers of the county shallcollect such charges in the same manner as special taxes are collected. Suchcharge shall be a lien upon the property so assessed, which shall be enforcedin the same manner as other property tax liens are enforced.

(Added to NRS by 1960, 56)

NRS 543.130 Receiptsdeposited in Flood Control Account; claims against Account.

1. The receipts of the charges provided for in NRS 543.120, when collected, must bedeposited, in the same manner as receipts of special taxes are deposited, withthe State Treasurer for credit to the Flood Control Account.

2. All claims against the Account must be certified bythe Director, and when they have been certified and approved by the State Boardof Examiners, the State Controller shall draw his warrant against the FloodControl Account.

(Added to NRS by 1960, 57; A 1979, 117; 1991, 1788)

NRS 543.140 Limitationson loans. Loans may be made pursuant to NRS 543.090 to 543.140, inclusive, from time to time foreach proposed flood control project at the discretion of the Director andwithin the limits of money available in the Flood Control Account.

(Added to NRS by 1960, 57; A 1979, 117; 1991, 1788)

Loans for Emergency Repair of Damage From Floods

NRS 543.150 Legislativedeclaration; application; conditions; repayment.

1. The Legislature finds and declares that the peopleof this State have a paramount interest in the maximum use of all the water ofthe State and in efficient and effective water distribution to the public bygovernmental subdivisions, thus ensuring the publics health and safety.

2. Whenever the system for the distribution of waterof a governmental subdivision of this State has been damaged by flood or otheract of God, resulting in an emergency condition of a shortage of water forpublic use, the governing body of the governmental subdivision may makeapplication to the Director for a loan to assist in repairing the damage. Theapplication must be made in the manner and form prescribed by the Director. TheDirector shall transmit the application to the Bureau of Environmental Healthof the Health Division of the Department of Health and Human Servicesrequesting an investigation and survey of the damage, and a report thereon. Ifthe report of the Bureau of Environmental Health of the Health Division findsthat the damage has resulted in a lack of service and a threat to public healthbecause of the emergency resulting from a shortage of water, the Director mayloan money from an appropriate account of the Department of Conservation andNatural Resources in the State General Fund to repair the damage or toreimburse the governmental subdivision for money expended by it to repair thedamage. The Director shall determine the period to be allowed for repayment ofthe money, not to exceed 20 years after the date of the loan. He shall alsodetermine the schedule of repayment of the loans. All money received by theDirector as repayments of loans must be deposited in the account from which itwas lent.

(Added to NRS by 1961, 447; A 1963, 573; 1973, 1406;1985, 721)

DISTRICTS FOR CONTROL OF FLOODS

General Provisions

NRS 543.170 Legislativedeclaration. The Legislature finds anddeclares that:

1. Facilities to alleviate flooding in any district,whether located in a city, an unincorporated town or another unincorporatedarea of the county, benefit all the residents and owners of property in thedistrict.

2. These facilities provide protection for life andproperty throughout the district, and usually require planning and developmentthroughout a drainage basin.

(Added to NRS by 1961, 427; A 1985, 1190)

NRS 543.180 Definitions. As used in NRS 543.170to 543.830, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 543.181 to 543.188, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1961, 427; A 1975, 749; 1985, 1191;1987, 431, 720; 2001,892)

NRS 543.181 Acquisitionand acquire defined. Acquisition includesextension, alteration, reconstruction, repair or other improvement by purchase,construction, installation, reconstruction, condemnation, lease, rent, gift,grant, bequest, devise, contract or other means, or any combination thereof. Acquirehas a correspondingly extensive meaning.

(Added to NRS by 1985, 1189)

NRS 543.182 Boarddefined. Board means the board of directorsof a district.

(Added to NRS by 1985, 1189)

NRS 543.184 Districtdefined. District means any district for thecontrol of floods organized or, in the case of organizational provisions,proposed to be organized, pursuant to NRS543.170 to 543.830, inclusive.

(Added to NRS by 1985, 1189; A 1987, 720)

NRS 543.185 Hydrographicarea defined. Hydrographic area means thedrainage basin of a stream and its tributaries as described in the master plan.

(Added to NRS by 1985, 1189; A 1989, 1523)

NRS 543.1855 Masterplan defined. Master plan means the masterplan for control of floods.

(Added to NRS by 1987, 429)

NRS 543.186 Projectand improvement defined. Project and improvementeach means any structure, facility, undertaking or system which a district isauthorized to acquire, improve, equip, maintain or operate.

(Added to NRS by 1985, 1189)

NRS 543.188 Taxpayingelector defined. Taxpaying elector means aperson who is qualified to vote at general elections in this state, whether ornot registered to vote or a resident in the district, and who, or whose spouse,is obligated as an owner or as a contract purchaser at a designated time orevent to pay a general tax on real property within the district.

(Added to NRS by 1985, 1189)

NRS 543.190 Computationof time. To compute any period prescribed in NRS 543.170 to 543.830, inclusive, the day of the first publication,or other designated time, must be excluded and the day of the last publication,or other designated action or time, must be included.

(Added to NRS by 1961, 428; A 1987, 720)

NRS 543.195 Publicationof notice. When notice is required to be givenby publication pursuant to NRS 543.170to 543.830, inclusive, publication mustbe made at least once each week for 3 consecutive weeks in at least onenewspaper of general circulation in the district. It is not necessary thatpublication be made on the same day of the week in each of the 3 calendarweeks, but the first publication must be at least 15 days before the designatedtime or event.

(Added to NRS by 1985, 1189; A 1987, 720)

NRS 543.200 Correctionof faulty notices. In any case where a noticeis provided for in NRS 543.170 to 543.830, inclusive, if the court finds forany reason that due notice was not given, the court does not thereby losejurisdiction, and the proceeding in question is not void or abated. The courtshall order notice to be given and shall continue the hearing until such timeas notice is properly given, and thereupon shall proceed as though notice hadbeen properly given in the first instance.

(Added to NRS by 1961, 428; A 1987, 720)

NRS 543.210 Sufficiencyof NRS543.170 to 543.830, inclusive. NRS 543.170 to 543.830, inclusive, without reference toother statutes of the state, except as specifically provided in NRS 543.170 to 543.830, inclusive, constitute full authorityfor the authorization and issuance of bonds pursuant to NRS 543.170 to 543.830, inclusive. No other law withregard to the authorization or issuance of bonds that provides for an election,requires an approval, or in any way impedes or restricts the carrying out ofthe acts authorized by NRS 543.170 to 543.830, inclusive, to be done applies toany proceedings taken under NRS 543.170to 543.830, inclusive, or acts donepursuant thereto, it being intended that NRS543.170 to 543.830, inclusive,provide a separate method of accomplishing their objectives, and not anexclusive one, and NRS 543.170 to 543.830, inclusive, does not repeal oramend any such other law.

(Added to NRS by 1961, 428; A 1987, 720)

NRS 543.220 Liberalconstruction. NRS 543.170 to 543.830, inclusive, being necessary tosecure the public health, safety, convenience and welfare, must be liberallyconstrued to effect their purposes.

(Added to NRS by 1961, 429; A 1987, 721)

Organization of Districts

NRS 543.240 Areaincluded within district.

1. In any county whose population is 400,000 or more,the entire county constitutes the district.

2. In any other county a district may:

(a) Consist of one contiguous area or of two or morenoncontiguous areas.

(b) Include all or part of municipal corporations andother political subdivisions.

(Added to NRS by 1961, 429; A 1985, 1192; 1989, 1931)

NRS 543.250 Creationin certain counties; interest not prohibited; inclusion of territory withinanother county.

1. In any county whose population is less than 400,000the board of county commissioners may create districts.

2. No member of a board of county commissioners orboard of directors is disqualified to perform any duty imposed by NRS 543.170 to 543.830, inclusive, by reason of ownershipof property within any proposed district.

3. A district so created may include territory withinanother such county, with the consent of the board of county commissioners ofthe other county.

(Added to NRS by 1961, 429; A 1969, 1545; 1975, 749;1985, 1192; 1987, 721; 1989, 1931)

NRS 543.260 Initiatingordinance; contents.

1. The organization of a district must be initiated bythe adoption of an ordinance by the board of county commissioners, whichordinance is in NRS 543.170 to 543.830, inclusive, sometimes designatedthe initiating ordinance.

2. The initiating ordinance must set forth:

(a) The name of the proposed district, consisting of achosen name preceding the words District for the Control of Floods.

(b) A statement of the necessity for the district andthe general purposes for which the district is proposed to be created.

(c) A statement that improvements of the district willnot interfere with or affect vested water rights.

(d) A general description of the boundaries of thedistrict or the territory to be included therein, with such certainty as toenable a property owner to determine whether his property is within thedistrict.

(e) The place and time for the hearing on the creationof the district.

(Added to NRS by 1961, 429; A 1987, 721)

NRS 543.270 Noticeof organizational hearing. After suchinitiating ordinance has been adopted by the board of county commissioners, thecounty clerk shall give notice by publication of the intention of the board ofcounty commissioners to establish such district, which notice shall set forth thename, statement of purposes, general description and time and place of hearing.

(Added to NRS by 1961, 429)

NRS 543.280 Protestsagainst organization of district.

1. Any taxpaying elector within the district may, onor before the date fixed, protest against the establishment of such district,in writing, which protest must be filed with the county clerk.

2. If, at or before the time fixed in the initiatingordinance and notice, written protest is filed, signed by 51 percent or more ofthe taxpaying electors within the proposed district, the district must not beestablished.

3. If any written protests are filed and the board ofcounty commissioners determines that the protests so filed represent less than51 percent of the taxpaying electors in the district, the board of countycommissioners may proceed with the creation of the district. If the board ofcounty commissioners does so proceed, the ordinance of the board of countycommissioners creating the district, for which provision is made in NRS 543.170 to 543.830, inclusive, must contain a recitalas to the percentage of protest and that recital is binding and conclusive forall purposes.

(Added to NRS by 1961, 429; A 1987, 721)

NRS 543.290 Organizationalhearing; ordinance creating or abandoning.

1. At the place, date and hour specified for thehearing in the notice or at any subsequent time to which the hearing may beadjourned, the board of county commissioners shall give full consideration toall protests which may have been filed and shall hear all persons desiring tobe heard and shall thereafter adopt an ordinance either creating the districtor determining that it shall not be created.

2. Any ordinance creating a district may contain suchchanges as may be considered by the board of county commissioners to beequitable and necessary.

(Added to NRS by 1961, 430)

NRS 543.300 Conclusivenessof ordinance creating district; filing of ordinance with Secretary of State;filing of map with county recorder.

1. Except as otherwise provided in subsection 2, theadoption of the ordinance creating the district shall finally and conclusivelyestablish the regular organization of the district against all persons, whichdistrict shall thenceforth be a governmental subdivision of the State ofNevada, a body corporate and politic and a quasi-municipal corporation.

2. Within 30 days immediately following the effectivedate of such ordinance any person who has filed a written protest, as providedin NRS 543.280, shall have the right tocommence an action in any court of competent jurisdiction to set aside suchdetermination. Thereafter all actions or suits attacking the regularity,validity and correctness of that ordinance and all proceedings, determinationsand instruments taken, adopted or made prior to such ordinances final passageshall be perpetually barred.

3. Within 30 days after the effective date of theordinance creating the district, the county clerk shall:

(a) File a copy of the ordinance in his office andshall cause to be filed an additional copy of the ordinance in the office ofthe Secretary of State, which filings shall be without fee and be otherwise inthe same manner as articles of incorporation are required to be filed under chapter 78 of NRS.

(b) File with the county recorder a map showing theboundaries of the district.

(Added to NRS by 1961, 430)

NRS 543.310 Paymentof organizational costs. Necessary costsincurred in connection with the organization of the district may be paid by theboard of county commissioners from any available funds or may be advanced bythe board of county commissioners. Reimbursement for advances shallsubsequently be made by the district.

(Added to NRS by 1961, 430)

Board of Directors: Powers and Duties

NRS 543.320 Boardof county commissioners or regional transportation commission constitutes boardof directors.

1. Except as otherwise provided in subsection 2, thedistrict is governed by a board of directors consisting of the members of theboard of county commissioners of the county.

2. If the district coincides with a county in which aregional transportation commission has been created pursuant to chapter 373 of NRS, unless the county has apopulation of 100,000 or more but less than 400,000, the members of that commissionconstitute the board of directors of the district.

(Added to NRS by 1961, 431; A 1985, 1192; 1995, 2662)

NRS 543.330 Districtofficers: Designation and selection; duties; compensation and expenses.

1. The board shall meet in July of each year toorganize and choose one of its members as chairman of the board and presidentof the district, and elect a secretary of the board and of the district, whomay or may not be a member of the board.

2. The county treasurer is the treasurer of the boardand of the district.

3. The secretary shall keep audio recordings ortranscripts of all meetings and, in a well-bound book, a record of all of theboards proceedings, minutes of all meetings, certificates, contracts, bondsgiven by employees, and all corporate acts, which, except as otherwise providedin NRS 241.035, must be open toinspection by all owners of real property in the district as well as otherinterested persons.

4. The treasurer shall keep strict and accurateaccounts of all money received by and disbursed for and on behalf of thedistrict in permanent records.

5. No member of the board may receive compensation forhis services, but members may be reimbursed for their necessary expenses inattending district meetings and for necessary expenses incurred in travelingwithin and without the State when required to carry out the affairs of thedistrict.

(Added to NRS by 1961, 431; A 1985, 1192; 2005, 1415)

NRS 543.340 Meetings;quorum; written policies and procedures.

1. In addition to the requirements of NRS 543.330, the board may meet at suchtime or times and at such regular meeting place within the district as itdetermines by resolution.

2. Special meetings may be held on notice to eachmember of the board as often as, and at such place or places within thedistrict as, the needs of the district require.

3. A majority of the members of the board constitutesa quorum at any meeting.

4. The board shall adopt written policies andprocedures for administering the district and for operating and maintaining itsprojects and improvements.

(Added to NRS by 1961, 431; A 1985, 1193)

NRS 543.355 Citizensadvisory committee: Creation; composition; powers and duties.

1. Each district shall establish a citizens advisorycommittee to be composed of representatives of the general public. Thecommittee must consist of one member appointed by the county and each city allor part of whose territory is included in the district, and one memberappointed by each member of the board. The board shall determine the terms ofthe members.

2. The members of the committee shall elect a chairmanand a vice chairman. The committee may adopt rules for its own management.

3. The committee may meet as often as necessary toadvise the board.

4. The committee shall represent the public interestand advise the board on matters related to the master plan and such othermatters as the board directs.

(Added to NRS by 1987, 429)

NRS 543.360 Acquisition,construction and operation of projects and improvements; conservation of water;expenditure or provision of money for certain purposes. The board may:

1. By the affirmative vote of two-thirds of themembers voting on the matter, acquire, construct, improve, extend, maintain andoperate:

(a) Projects and improvements for the control of floodand storm waters of the district and the flood and storm waters of streamswhich have their sources outside of the district but flow into the district.Except as otherwise provided in subsection 7, such a project or improvementmust not be acquired unless it is included in the master plan.

(b) Projects which mitigate the adverse effect of theacquired projects.

(c) Projects which are required as a result of theproposed alteration or diversion of a natural watercourse identified in themaster plan for the control of drainage.

A project orimprovement must not be acquired unless it is first approved by an agreementamong the board, each county in whose unincorporated area any part of theproject or improvement is located and each city in which any part of theproject or improvement is located. The agreement must contain an estimate ofthe cost of the project or improvement and show its relation to the masterplan.

2. Conserve such waters for beneficial and usefulpurposes by spreading, storing, retaining and causing them to percolate intothe soil within or without the district.

3. Save and conserve in any manner all or any of suchwaters and protect from floods or storm waters the watercourses, watersheds,public highways, life and property in the district.

4. Prevent waste of water or diminution of the watersupply in, or the exportation of water from, the district.

5. Obtain, retain and reclaim drainage, storm, floodand other waters for beneficial use of the district.

6. Upon approval of an amendment to the districtsmaster plan pursuant to NRS 543.5975,expend or provide money:

(a) To make public property or private property, orboth, impervious or resistant to damage from floods.

(b) To relocate public or private structures, or both,which are located in an area that is susceptible to flooding.

7. Expend or provide money for the acquisition of alocal project or improvement for the control of drainage which is not includedin the master plan if the districts chief engineer determines that:

(a) The governmental entity requesting the project orimprovement has established:

(1) A procedure to allow persons within itsjurisdiction to file complaints concerning the program for controlling floodswithin its jurisdiction;

(2) A master plan for its local drainage systemwhich identifies the project or improvement; and

(3) Guidelines for implementing drainageprojects and improvements within its jurisdiction; and

(b) The local project or improvement is a necessaryappurtenance to collect and deliver flows to allow a project or improvementthat is included in the districts master plan to function in the mannerintended.

If the localproject or improvement is one-quarter mile or more from a regional facility,the district may not contribute more than 50 percent of the cost of the projector improvement. The district may appropriate not more than 3 percent of itsrevenues in any fiscal year to projects approved pursuant to this subsection.Money that is provided pursuant to this subsection but not expended in a fiscalyear may be expended in the following fiscal year.

(Added to NRS by 1961, 431; A 1985, 1193; 1989, 1523;1991, 1371; 1993, 834; 2001,892)

NRS 543.362 Projectmay consist of any interest in property. Aproject may consist of any kind of personal or real property or any estate,interest or right in property, singly or in any combination.

(Added to NRS by 1985, 1189)

NRS 543.365 Aestheticenhancement of projects. The board may enhanceany project of the district by providing recreational facilities, landscapingand similar amenities in order to increase the usefulness of the project to thecommunity, provide aesthetic compatibility with the surrounding community andmitigate the adverse effect of the project on the environment.

(Added to NRS by 1985, 1190)

NRS 543.368 Locationof improvement along or across public road or highway.Any improvement pursuant to NRS543.170 to 543.830, inclusive, maybe located, constructed and maintained in, along or across any public road orhighway in the district in a manner that affords security for life andproperty. The board shall restore or cause to be restored the road or highwayto its former condition as nearly as may be, in order not to impair itsusefulness.

(Added to NRS by 1985, 1190; A 1987, 722)

NRS 543.370 Perpetualexistence of board. Subject to the limitationsof NRS 543.170 to 543.830, inclusive, the board has perpetualexistence.

(Added to NRS by 1961, 431; A 1987, 722)

NRS 543.380 Corporateseal. The board shall have the power to haveand use a corporate seal.

(Added to NRS by 1961, 432)

NRS 543.390 Suits,actions and proceedings. The board shall havethe power to sue and be sued, and be a party to suits, actions and proceedings.

(Added to NRS by 1961, 432)

NRS 543.400 Acquisition,improvement and disposal of property. Theboard may take by grant, purchase, gift, devise or lease, or otherwise, andhold, use, enjoy and lease, or dispose of real or personal property of everykind within or without the district necessary or proper to carry out any of thepurposes of NRS 543.170 to 543.830, inclusive, and to complete,extend, add to, repair or otherwise improve any works or improvements or anyproperty acquired by the district as authorized by NRS 543.170 to 543.830, inclusive.

(Added to NRS by 1961, 432; A 1987, 722)

NRS 543.410 Storageand reclamation of floodwater; actions and proceedings concerning water. The board may:

1. Store floodwater in surface or undergroundreservoirs within or without the district for the common benefit of thedistrict.

2. Conserve and reclaim floodwaters for present andfuture use within the district.

3. Subject to the limitations contained in NRS 543.170 to 543.830, inclusive, to appropriate andacquire water and water rights, and import water into the district and conserveit within or without the district for any useful flood control purpose.

4. Commence, maintain, intervene in and compromise, inthe name of the district or otherwise, and assume the costs and expenses of anyaction or proceeding involving or affecting ownership or use of water or waterrights within the district used or useful for any purpose of the district.

5. Commence, maintain, intervene in, determine,compromise, and assume the costs and expenses of any action or proceedinginvolving the wasteful use of water in the district.

6. Prevent unlawful exportation of water from thedistrict.

7. Prevent contamination and pollution of the surfaceor subsurface waters used in the district.

8. Commence, maintain and defend actions andproceedings to prevent interference with waters used in the district as mayendanger and damage the inhabitants, lands or use of water in the district. Theboard shall not intervene or take part in, or pay the costs and expenses of,actions or proceedings between the owners of lands or water rights within theboundaries of the district which do not involve taking water outside or awayfrom the district.

(Added to NRS by 1961, 432; A 1987, 722)

NRS 543.420 Eminentdomain. Subject to the limitations containedin NRS 543.170 to 543.830, inclusive, the board may exercisethe right of eminent domain within and without the district, in the mannerprovided by law for the condemnation of property for public use or for takingany property necessary to carry out the purposes of NRS 543.170 to 543.830, inclusive.

(Added to NRS by 1961, 432; A 1975, 750; 1987, 723)

NRS 543.430 Acquiredwater to be used only in replenishing water basin. Anywater acquired by the district shall be used only in replenishing the waterbasin of the area contained in the district.

(Added to NRS by 1961, 432)

NRS 543.440 Useof property taken by eminent domain declared public use; diversion of water.

1. It is hereby declared that the use of the property,lands, rights-of-way, easements or materials which may be condemned, taken orappropriated under the provisions of NRS543.170 to 543.830, inclusive, is apublic use subject to the regulation and control of the State in the mannerprescribed by law.

2. The provisions of NRS543.170 to 543.830, inclusive, donot authorize any district or person to divert the waters of any river, creek,stream, irrigation system, canal or ditch from its channel to the detriment ofany person having any interest in that river, creek, stream, irrigation system,canal or ditch or the waters thereof or therein, unless previous compensationis first ascertained and paid therefor under the laws of this state authorizingthe taking of private property for public use.

(Added to NRS by 1961, 432; A 1987, 723)

NRS 543.450 Surveys;acquisition of land and water; agreements; cooperation with governmental agenciesand public and private corporations. The boardmay:

1. Enter upon any land to make surveys and locate thenecessary improvements and the lines for channels, conduits, canals, pipelines,basins for retention or detention of water, roadways and other rights-of-way.

2. Acquire, by purchase, lease, contract, condemnationor other legal means, all lands and water and water rights and other propertynecessary or convenient for the construction, use, supply, maintenance, repairand improvement of those works, including works constructed or beingconstructed by private owners, lands for basins for retention or detention ofwater, and all necessary appurtenances.

3. Enter into agreements with and do any actsnecessary or proper for the performance of any agreements with the UnitedStates, or any state, county, district of any kind, public or privatecorporation, association, firm or other person for the joint acquisition,construction, leasing, ownership, disposition, use, management, maintenance orrepair or operation of any rights, works or other property of any kind whichmight be lawfully acquired or owned by the district.

4. Acquire the right to retain or detain water in anybasin, or carry water through any canal, ditch or conduit not owned orcontrolled by the district.

5. Grant to any owner or lessee the right to use anyfacility of the district.

6. Enter into and do any act necessary or proper forthe performance of any agreement of the district of any kind with a person or agovernmental organization, or the transfer or delivery of any water, waterright or water supply stored, appropriated or otherwise acquired or stored forthe use of the district, or for the purpose of exchanging it for any otherwater, water rights or water supply to be delivered to the district.

7. Cooperate with and act in conjunction with theState of Nevada, or any of its engineers, officers, boards, commissions,departments or agencies, or with the United States Government or any of itsengineers, officers, boards, commissions, departments or agencies, or with anypublic or private corporation in the construction of any work for thecontrolling of floodwaters of the district, or for the protection of life orproperty therein, or for the purpose of conserving those waters for beneficialuse within the district, or for any other acts or purposes provided for in thissection and to adopt and carry out any definite plan or system of work for thatpurpose.

(Added to NRS by 1961, 433; A 1985, 1194)

NRS 543.460 Investigations,studies and research; development of new techniques and processes;establishment of standards and criteria. Theboard may:

1. Carry on technical and other investigations of allkinds.

2. Make measurements, collect data and make analyses,studies and inspections pertaining to the control of floods and the use offloodwater.

3. Engage in research.

4. Participate or cooperate with local, state andfederal agencies or private or public corporations in the development of such newtechniques or processes as may apply to the field of water management, bothwithin and without the district.

5. Establish standards and criteria concerning thedesign of systems for drainage.

(Added to NRS by 1961, 434; A 1991, 1371)

NRS 543.470 Operation,maintenance and repair of improvements. Theboard shall have the power to operate, maintain and repair the improvements acquiredby the district.

(Added to NRS by 1961, 434)

NRS 543.480 Contracts;improvements made by district.

1. Except as otherwise provided in NRS 543.170 to 543.830, inclusive, the board may enterinto contracts and agreements affecting the affairs of the district, includingbut not limited to contracts with the United States of America and any of itsagencies or instrumentalities and contracts with any municipality or districtfor the operation of a common or jointly owned project.

2. Any improvement of any nature made in any district,except such work done by employees of the district with supplies and materialspurchased by it as provided in subsection 3, or except by labor or supplies andmaterials, or all of such, supplied under agreement with the United States ofAmerica, the State of Nevada, or any federal or state agency, instrumentalityor corporation, or other political subdivision, must be done only underindependent contract to be entered into by the district in the manner prescribedby chapter 332 of NRS. Upon default in theperformance of any contract, the proper official may advertise and relet theremainder of the work without further resolution and deduct the cost from theoriginal contract price and recover any excess cost by suit on the performancebond, or otherwise.

3. The board may make any improvement, or portionthereof, in any district, directly by the officers, agents and employees of thedistrict, with supplies and materials purchased or otherwise acquired therefor.All supplies and materials purchased by the board for any district except by acontractor must be purchased in the manner prescribed by chapter 332 of NRS.

(Added to NRS by 1961, 434; A 1963, 169; 1967, 1242;1987, 723)

NRS 543.490 Borrowingmoney; evidences of indebtedness. The boardmay borrow money and incur indebtedness and other obligations and evidence theindebtedness by certificates, notes or debentures, and to issue bonds, inaccordance with the provisions of NRS543.170 to 543.830, inclusive.

(Added to NRS by 1961, 435; A 1987, 724)

NRS 543.500 Acquisitionand disposal of and encumbrances on property. Theboard shall have the power to acquire, dispose of and encumber real and personalproperty, and any interest therein, including leases, easements and revenuesderived from the operation thereof.

(Added to NRS by 1961, 435)

NRS 543.510 Appointmentand powers of chief engineer and general manager; duties and compensation ofother employees; technical committee; contracts with agencies of FederalGovernment; duties of county officers and employees.

1. The board may:

(a) Appoint a chief engineer and general manager whomust be a civil engineer licensed pursuant to the provisions of chapter 625 of NRS and may be selected from amongnominees proposed by the citizens advisory committee for the district.

(b) Prescribe the duties of officers, agents andemployees and fix their compensation.

(c) Create a technical committee for the district. Ifthe board of county commissioners constitutes the board of directors, thetechnical committee must include one member and one alternate appointed by thecounty and by each city within the district. If the regional transportationcommission constitutes the board of directors, the number of members andalternates appointed respectively by the county and by each city must be equalto the number of its representatives on the commission. The citizens advisorycommittee for the district shall appoint one of its members to the technicalcommittee. The chief engineer and general manager is a member of the technicalcommittee and shall serve as its executive director. Each member of thecommittee has one vote, except the member from the citizens advisory committeeand the chief executive and general manager, each of whom may otherwise participatein the activities of and make recommendations to the technical committee. Thecommittee shall annually choose one of its members as chairman.

2. The chief engineer and general manager may hire andretain agents, employees, engineers and attorneys, and any other personsnecessary or desirable to effect the purposes of the district.

3. The board may contract with any agency of theFederal Government for any services related to projects for the control offloods in the district.

4. The district attorney, the county surveyor, thecounty assessor, the county auditor or comptroller, the county treasurer, theirdeputies, assistants, clerks and other employees are ex officio officers,deputies, assistants, clerks and employees of the district. They shall, ifrequested by the board, perform the same various duties for the district as forthe county. The board shall reimburse the county for the cost of renderingthese services.

(Added to NRS by 1961, 435; A 1985, 1195; 1987, 431;1997, 1070)

NRS 543.520 Bylaws. The board shall have the power to adopt and amend bylaws,not in conflict with the Constitution and laws of the State, for carrying onthe business, objects and affairs of the board and of the district.

(Added to NRS by 1961, 435)

NRS 543.530 Impliedpowers. The board shall exercise all rightsand powers necessary or incidental to or implied from the specific powersgranted in NRS 543.170 to 543.830, inclusive. The specific powers arenot a limitation upon any power necessary or appropriate to carry out thepurposes and intent of NRS 543.170 to 543.830, inclusive.

(Added to NRS by 1961, 435; A 1987, 724)

NRS 543.540 Agreementsconcerning projects for control of floods. Inaddition to the general powers granted in NRS543.170 to 543.830, inclusive, tothe board, the board may cooperate with the United States, the State of Nevada,or any instrumentality, department, agency or political subdivision ormunicipal corporation of either in the construction, maintenance and operationof projects for the control of floods. To that end, appropriate agreements maybe entered into and the district may:

1. Acquire and provide without cost to the operatingentity the land, easements and rights-of-way necessary for the construction ofthose projects.

2. Hold and save harmless the cooperating entity freefrom any claim for damages arising from the construction, maintenance andoperation of those projects.

3. Maintain and operate all works in accordance withregulations prescribed by the cooperating entity.

4. Establish and enforce flood channel limits andregulations, if any, satisfactory to the cooperating entity.

(Added to NRS by 1961, 435; A 1987, 724)

NRS 543.545 Exemptionfrom requirements of public bidding for construction of certain flood controlfacilities. Except as otherwise provided in subsection3, the provisions of any law requiring public bidding or otherwise imposingrequirements on any public contract, project, works or improvements, including,without limitation, the provisions of chapters 332,338 and 339of NRS, do not apply to any contract entered into by a flood control districtfor the construction of a flood control facility pursuant to the master plan, ifa majority of the construction costs are paid by a private developer and thewritten agreement:

1. Complies with the requirements of subsection 1 of NRS 543.360;

2. Clearly sets forth the computation of theconstruction costs, and includes the terms and conditions of the contract; and

3. Contains a provision stating that the requirementsof NRS 338.010 to 338.090, inclusive, apply to anyconstruction work performed pursuant to the contract.

(Added to NRS by 1989, 1523)

NRS 543.547 Compliancewith master plan required for construction of flood control facility by localgovernment; state agencies required to comply with master plan if practicable.

1. Flood control facilities constructed by localgovernments must be constructed in compliance with the master plan. Localgovernments may request an amendment to the master plan pursuant to NRS 543.597.

2. State agencies shall consider the master plan whenplanning and designing their flood control facilities. Whenever practicable,state agencies shall comply with the master plan.

(Added to NRS by 1989, 1523)

NRS 543.550 Rights-of-wayacross public lands granted to districts.

1. There is hereby granted to a district theright-of-way for the construction and maintenance of floodways, ditches,waterways, conduits, canals, dikes, embankments, basins for retention ordetention of water and protective works in, over and across public lands of theState of Nevada not otherwise disposed of or in use, but not in any caseexceeding the length or width necessary for the construction of those works andadjuncts or for the protection thereof.

2. Whenever any selection of right-of-way for thoseworks or adjuncts is made by the district, the board shall transmit to theDivision of State Lands of the State Department of Conservation and NaturalResources and any other agency or entity of the state owning land in the area,including the Nevada System of Higher Education and the Colorado RiverCommission of Nevada, and to the county recorder of the county in which theselected lands are situated a plat of the lands so selected, giving the extentthereof and the uses for which they are claimed or desired, verified to becorrect.

3. If the Division of State Lands of the StateDepartment of Conservation and Natural Resources approves the selection somade, it must be endorsed upon the plat and a permit must be issued to use therights-of-way and land.

(Added to NRS by 1961, 436; A 1985, 1195; 1993, 412; 2001, 2443)

NRS 543.560 Acquisitionof right to flood or interfere with property; relocation of streets, highwaysand other property. In case any street, road,highway, railroad, canal or other property subject or devoted to public useshall become subject to flood or other interference by reason of theconstruction or proposed construction of any works of the district, the boardmay acquire by agreement or condemnation the right so to flood or otherwiseinterfere with such property within or without the district, whether it bepublicly or privately owned. If such right is acquired by condemnationproceedings, the judgment may, if the court finds that public necessity orconvenience so requires, direct the district to relocate such street, road,highway, railroad, canal or other property in accordance with the plansprescribed by the court. If, by such judgment or agreement, the district shallbe required to relocate any such street, road, highway, railroad, canal orother property subject or devoted to public use, the board shall have the powerto acquire in the name of the district, by agreement or condemnation, allrights-of-way and other property necessary or proper for compliance with theagreement or judgment of condemnation, and thereafter to make such conveyanceof such relocated street, road, highway, railroad, canal or other property asmay be proper to comply with the agreement or judgment.

(Added to NRS by 1961, 436)

NRS 543.570 Connectionwith storm water drain or flood control facility: Application; fee; penalty.

1. Any person desiring to make a connection to anystorm water drain or flood control facility of the district or to cause stormwaters to be emptied into any ditch, drain, canal, floodway or otherappurtenant structure of the district shall first make application to the boardto make the connection. The board may require the connection to be made in suchmanner as it may direct and may impose such reasonable connection fees as itdeems proper, or, if reasonably justified by the circumstances, may refusepermission.

2. Any person making a connection or causingfloodwaters to be so discharged without first having obtained permission isguilty of a misdemeanor.

(Added to NRS by 1961, 436)

NRS 543.580 Chiefengineer and general manager: Investigations, reports and estimates;recommendations; employment of engineers and surveyors.

1. The chief engineer and general manager mayinvestigate carefully the best plan or plans:

(a) To control the floodwaters of the district and thefloodwaters of streams that have their sources outside of the district but flowinto the district;

(b) To conserve those waters for beneficial and usefulpurposes by spreading, storing, retaining, or causing to percolate into thesoil within or without the district, or to save or conserve in any manner, anyof those waters; and

(c) To protect the watercourses, watersheds, publichighways, life and property in the district from damage from that water,

and toobtain such other information in regard thereto as may be deemed necessary oruseful in carrying out the purposes of NRS543.170 to 543.830, inclusive.

2. The chief engineer and general manager shall makeand file reports from time to time with the board, which must show:

(a) A general description of the work to be done oneach project or work of improvement.

(b) General plans, profiles, cross sections and othergeneral specifications of the work to be done on each project or work ofimprovement.

(c) A general description of the lands, rights-of-way,easements and property proposed to be taken, acquired or injured in thecarrying out of that work.

(d) An estimate of the cost of each project or work ofimprovement including:

(1) An estimate of the costs of lands,rights-of-way, easements and property proposed to be taken, acquired or injuredin carrying out the project or work of improvement.

(2) An estimate of all incidental expenseslikely to be incurred in connection therewith, including legal, clerical,engineering, superintendence, inspection, printing and advertising, and statingthe total amount of bonds, if any, necessary to be issued to pay for it.

(3) A comparison of the total cost of theproposed works with an estimate of the cost of condemnation and relocation orreplacement of property within the boundaries of the floodplain.

3. The chief engineer and general manager shall, fromtime to time, as directed by the board, file with the board supplementary,amendatory and additional reports and recommendations as necessity andconvenience may require.

4. The chief engineer and general manager may, subjectto the control and direction of the board, employ other engineers, surveyorsand other persons required for making all surveys and doing any work necessaryfor the making of the reports.

(Added to NRS by 1961, 437; A 1985, 1196; 1987, 725)

NRS 543.590 Surveyand report of problems; assistance in preliminary planning; adoption of masterplan.

1. After a district has been established, the boardshall cause its chief engineer or qualified private engineers or consultants tomake a survey of the problems of controlling floods in the district and toprepare a report setting forth:

(a) A description of existing facilities for thecontrol of floods in the area.

(b) Recommendations as to cooperation between thedistrict and the owner or owners of the facilities.

(c) Recommendations for the construction or otheracquisition of facilities to carry out the purpose of the district, with apreliminary plan therefor.

(d) A description of the property proposed to beacquired or damaged in the performance of work.

(e) A map showing the boundaries of the district andlocation of the work proposed to be done.

(f) A map showing the hydrographic areas to be used bythe district for planning and acquisition of projects and improvements.

(g) Such other facts and information as the board mayrequest.

2. In the preparation of the report, the Director ofthe State Department of Conservation and Natural Resources and the HealthDivision may assist in preliminary planning by:

(a) The assignment of technical, professional andadministrative personnel.

(b) Providing information for engineering and otherplanning.

(c) Acting as coordinator and liaison between thedistrict and participating local, state and federal agencies.

Moneyexpended in preliminary planning may, upon application to the Director of theState Department of Conservation and Natural Resources and to the Health Division,be refunded, if money for these purposes has been appropriated by the Legislature.

3. The chief engineer for the district shall thenprepare for each hydrographic area a master plan for the control of floodswhich must set forth the most effective structural and regulatory means forcorrecting existing problems of flooding within the area and dealing with theprobable effects of future development, taking into consideration therecommendations submitted in the report. In preparing the master plan, he shallincorporate insofar as possible the planning completed or undertaken by thecounty, each city all or part of whose territory is included in the area, andany private engineer or developer for any part of the area. The master plan mayinclude as separate elements the immediate needs, indicating their relativepriority, and other future needs. The master plan may also include bridgestructures that may become necessary as a result of the implementation of themaster plan.

4. When a master plan satisfactory to the board, andafter review by the Director of the State Department of Conservation andNatural Resources, is available, it must be tentatively adopted. A publichearing on the proposed work must be scheduled and notice of the hearing givenby publication. After hearing and any adjournments thereof which may beordered, the board may either require changes to be made in the master plan asthe board considers desirable or the board may approve the tentative masterplan as prepared. If changes are ordered a further hearing must be heldpursuant to notice given by publication.

5. The county and each city all or part of whoseterritory is included within each hydrographic area shall then hold a publichearing to consider adopting the tentative master plan as a component of itsmaster plan pursuant to chapter 278 of NRS.The master plan or its parts for that hydrographic area do not become finaluntil adopted by the county and each city.

(Added to NRS by 1961, 437; A 1963, 969; 1973, 1406;1985, 1197; 1989, 1524)

NRS 543.595 Adoptionof uniform regulations; variances; incorporation of regulations into ordinancesby city or county; compliance with standards, criteria and policies of board.

1. The board shall adopt uniform regulations for thecontrol of drainage, in accordance with the master plan, from land which isdeveloped after the regulations become effective. The regulations may includeprovisions for the granting of a variance by the board upon application by thegovernmental entity having jurisdiction and a showing of conditions whichjustify the variance. The board may grant a variance from the strictenforcement of the uniform regulations for that piece of property if thegranting of the variance will not cause any:

(a) Detriment to the public good;

(b) Impairment of any affected natural resources; or

(c) Deviation from the intent and purpose of thedistricts master plan.

2. Before granting such a variance, the board mustconsider the effect of the proposed variance on the adjacent property, theentire hydrographic area and the continued implementation of the master plan.

3. On and after July 1, 1987, a county or city is noteligible to receive money, from the regional fund for the control of floods,for the acquisition of a project or improvement unless it has incorporatedthese regulations in its ordinances governing the subdivision of land, parcelmaps, and division of land into large parcels. The county or city is thenresponsible for their enforcement, but the county or any city may bring anaction against any of the others to compel enforcement in the lattersterritory.

4. The board may also require as a condition ofgranting money to a county or city that the recipient comply with the standardsand criteria developed by the board concerning the design of systems fordrainage and with the policies established by the board for the design,construction, operation and maintenance of a project or improvement.

(Added to NRS by 1985, 1190; A 1987, 432; 1991, 1372)

NRS 543.5955 Annualreview of master plan; annual report by board.

1. The board shall direct its chief engineer andgeneral manager to prepare an annual review of the master plan for considerationby the board. The review must include consideration of:

(a) Growth and development in the district;

(b) The cost of and progress in construction offacilities for the control of floods;

(c) The districts uniform code for management of afloodplain and the development of standards for construction of facilities forthe control of floods;

(d) Progress in the development of facilities by theUnited States Army Corps of Engineers; and

(e) The establishment of additional long-rangepriorities for the control of floods.

2. The board shall prepare an annual report inconjunction with its review. The report must set forth:

(a) The source and amount of money received during theprevious year;

(b) The amount of money expended during the previousyear;

(c) A listing of any project completed during theprevious year;

(d) A listing of any project under construction;

(e) A listing of any project which is proposed for theensuing year and the time estimated for its completion;

(f) The amount of money expended during the previousyear for the operation and maintenance of facilities for the control of floods;and

(g) Any recommended amendments of the master plan.

3. A copy of the report must be filed with thedistricts chief engineer. A copy must be provided to any person upon requestfor a fee which does not exceed the actual cost of printing and mailing thereport.

(Added to NRS by 1987, 429)

NRS 543.596 Furtherreview of master plan at 5-year intervals. Thereview of the master plan conducted every 5 years, in addition to consideringthe information required in subsection 1 of NRS543.5955, must:

1. Add to the plan any new information which isrelevant to the plan; and

2. Assess the progress toward fulfillment of themaster plan during the 5-year period, identify any major obstacles tocompletion of the master plan and recommend amendments to the master planresulting from growth and development in the district.

(Added to NRS by 1987, 430)

NRS 543.5965 Morefrequent review of master plan authorized; budget to include funding for reviewand amendment of plan.

1. The review provided for in NRS 543.596 may be performed morefrequently if the board finds that circumstances warrant performing thosereviews at shorter intervals.

2. The budget of the district must include funding forthe review and amendment of the master plan.

(Added to NRS by 1987, 430)

NRS 543.597 Changeof facility on or amendment of master plan; exception.

1. The districts chief engineer or any governmentalentity may propose to:

(a) Change the size, type or alignment of a facility onthe districts master plan; or

(b) Amend the districts master plan. A proposedamendment must be submitted to the district.

2. Upon receipt of a change proposed pursuant toparagraph (a) of subsection 1, the board shall hold a public hearing toconsider the adoption of the change. With the approval of two-thirds of themembers voting on the proposed change, the board may adopt any proposed changewhich:

(a) Is consistent with the general principles set forthin subsection 3 of NRS 543.590 for themaster plan;

(b) Is hydraulically similar to a proposed facilityincluded in the master plan;

(c) Is the most cost-effective structural or regulatorymeans of controlling floodwaters of the district; and

(d) Does not adversely affect the continued implementationof the master plan.

3. Upon receipt of an amendment proposed pursuant toparagraph (b) of subsection 1, the board shall determine whether the proposedamendment is consistent with the general principles set forth in subsection 3of NRS 543.590 for the master plan. Ifthe proposed amendment is determined to be generally consistent with thoseprinciples, the board shall hold a public hearing to consider the adoption ofthe proposed amendment. The board may adopt a proposed amendment to thedistricts master plan with the approval of two-thirds of the members voting onthe proposed amendment.

4. The board shall file a copy of any amendment orchange adopted by it with the governing body of each local government whosejurisdiction includes a hydrographic area affected by the adopted amendment orchange.

5. Except as otherwise provided in subsection 6, uponreceipt of an amendment, the governing body of each local government affectedshall hold a public hearing to consider the adoption of the proposed amendmentas a component of its comprehensive master plan pursuant to chapter 278 of NRS. If the governing bodies ofeach local government whose jurisdiction includes a hydrographic area affectedby the amendment to the districts master plan approve the proposed amendment,it becomes effective.

6. If a proposed amendment to the master plan isadopted unanimously by the board, and by the governing body of the localgovernment in whose jurisdiction will be located the structures necessary tocarry out the purposes of the amendment, after a public hearing by each, theamendment becomes effective and no other hearing or approval is required by anyother board or commission, including those responsible for decisions relatingto planning or zoning.

7. The provisions of this section do not apply to anamendment of a master plan pursuant to NRS543.5975.

(Added to NRS by 1987, 430; A 1989, 1525; 1991, 1372;1993, 835; 1995, 83; 2001,893)

NRS 543.5975 Amendmentof master plan for expenditure or provision of money to protect public orprivate property from flooding.

1. The districts chief engineer or any governmentalentity may propose an amendment to the districts master plan to allow theexpenditure or provision of money pursuant to subsection 6 of NRS 543.360. The proposed amendment must besubmitted to the district.

2. Upon receipt of an amendment proposed pursuant tosubsection 1, the board shall determine whether it:

(a) Is consistent with the general principles set forthin subsection 3 of NRS 543.590 for themaster plan;

(b) Is the most cost-effective structural or regulatorymeans of protecting structures from floodwaters of the district; and

(c) Does not adversely affect the continuedimplementation of the master plan.

3. If the board determines that the proposed amendmentmeets the requirements of subsection 2, the board shall hold a public hearingto consider the adoption of the amendment. The board may adopt a proposedamendment to the districts master plan with the approval of two-thirds of themembers voting on the proposed amendment.

4. The board shall file a copy of any amendmentadopted by it with the governing body of each local government whosejurisdiction includes a hydrographic area affected by the adopted amendment.

5. Except as otherwise provided in subsection 6, uponreceipt of an amendment, the governing body of each local government affectedshall hold a public hearing to consider the adoption of the proposed amendmentas a component of its comprehensive master plan pursuant to chapter 278 of NRS. If the governing bodies ofeach local government whose jurisdiction includes a hydrographic area affectedby the amendment to the districts master plan approve the proposed amendment,it becomes effective.

6. If a proposed amendment to the master plan isadopted unanimously by the board, and by the governing body of the localgovernment in whose jurisdiction the project will be located, after a publichearing by each, the amendment becomes effective and no other hearing orapproval is required by any other board or commission, including thoseresponsible for decisions relating to planning or zoning.

(Added to NRS by 2001, 891)

Taxation

NRS 543.600 Publichearing and election required in certain counties; requirements for ballotquestion; special elections; power to levy taxes; use of other money.

1. In a county whose population is 400,000 or more,the board of county commissioners shall hold public hearings before decidingwhich one or combination of the powers set forth in subsections 3 and 4 is tobe used to provide revenue for the support of the district. The method selectedmust be approved by a majority of the voters of the district voting on thequestion at a special, primary or general election. The ballot questionsubmitted to the voters must contain the rate of the proposed additionalproperty tax stated in dollars and cents per $100 assessed valuation, thepurpose of the proposed additional property tax, the duration of the proposedadditional property tax and an estimate established by the governing body ofthe increase in the amount of property taxes that an owner of a new home with afair market value of $100,000 will pay per year as a result of passage of thequestion.

2. A special election may be held only if the board ofcounty commissioners determines, by a unanimous vote, that an emergency exists.The determination made by the board is conclusive unless it is shown that theboard acted with fraud or a gross abuse of discretion. An action to challengethe determination made by the board must be commenced within 15 days after theboards determination is final. As used in this subsection, emergency meansany unexpected occurrence or combination of occurrences which requiresimmediate action by the board of county commissioners to prevent or mitigate asubstantial financial loss to the district or county or to enable the board toprovide an essential service to the residents of the district.

3. The board of county commissioners in such a countymay levy and collect taxes ad valorem upon all taxable property in the county.This levy is not subject to the limitations imposed by NRS 354.59811. A district for which a taxis levied pursuant to this subsection is not entitled to receive anydistribution of revenue from the supplemental city-county relief tax.

4. The board of county commissioners in such a countymay impose a tax of not more than 0.25 percent on retail sales and the storage,use or other consumption of tangible personal property in the county. Theordinance imposing this tax must conform, except as to amount, to therequirements of chapter 377 of NRS and the taxmust be paid as provided in that chapter.

5. In any other county, the board of countycommissioners may only levy taxes ad valorem upon all taxable property in thedistrict.

6. In any county, the board of directors may use anyother money, including federal revenue sharing, that is made available to thedistrict.

(Added to NRS by 1961, 438; A 1985, 1198; 1989, 1931,2086; 1993, 1092; 1999,1086)

NRS 543.605 Applicabilityof NRS543.610 to 543.640, inclusive. The provisions of NRS543.610 to 543.640, inclusive, applyto a district in which a tax ad valorem is levied on all taxable property inthe county.

(Added to NRS by 1987, 431)

NRS 543.610 Levyand collection of taxes.

1. To levy and collect taxes, the board shalldetermine, in each year, the amount of money necessary to be raised bytaxation, and shall fix a rate of levy which, when levied upon every dollar ofassessed valuation of taxable property within the district, will raise theamount required by the district annually to supply funds for paying expenses oforganization and the costs of acquiring, operating and maintaining the worksand equipment of the district, and promptly to pay in full, when due, all intereston and principal of general obligation bonds and other general obligations ofthe district. In the event of accruing defaults or deficiencies, an additionallevy may be made as provided in NRS 543.620.

2. The board shall certify to the board of countycommissioners, at the same time as fixed by law for certifying thereto taxlevies of incorporated cities, the rate so fixed with directions that at thetime and in the manner required by law for levying taxes for county purposessuch board of county commissioners shall levy such tax upon the assessedvaluation of all taxable property within the district, in addition to suchother taxes as may be levied by such board of county commissioners at the rateso fixed and determined.

(Added to NRS by 1961, 438)

NRS 543.620 Leviesto cover deficiencies.

1. The board, in certifying annual levies, shall takeinto account the maturing general obligation indebtedness for the ensuing yearas provided in its contracts, maturing general obligation bonds and interest onsuch bonds, and deficiencies and defaults of prior years, and shall make ampleprovision for the payment thereof.

2. In case the moneys produced from such levies,together with other revenues of the district, are not sufficient punctually topay the annual installments on such obligations, and interest thereon, and topay defaults and deficiencies, the board shall make such additional levies of taxesas may be necessary for such purposes, and, notwithstanding any limitations,such taxes shall be made and continue to be levied until the general obligationindebtedness of the district shall be fully paid.

(Added to NRS by 1961, 439)

NRS 543.630 Countyofficers to levy and collect.

1. The body having authority to levy taxes within eachcounty shall levy the taxes provided in NRS543.170 to 543.830, inclusive.

2. All officials charged with the duty of collectingtaxes shall collect those taxes at the time and in the same form and manner,and with like interest and penalties, as other taxes are collected and whencollected shall pay the taxes to the district ordering its levy and collection.The payment of the collections must be made monthly to the treasurer of thedistrict and paid into the depository thereof to the credit of the district.

3. All taxes levied under NRS 543.170 to 543.830, inclusive, together with interestthereon and penalties for default in payment thereof, and all costs ofcollecting the taxes constitute, until paid, a perpetual lien on and againstthe property taxed, and the lien is on a parity with the tax lien of othergeneral taxes.

(Added to NRS by 1961, 439; A 1987, 725)

NRS 543.640 Salesfor delinquencies. If the taxes levied are notpaid as provided in NRS 543.170 to 543.830, inclusive, the property subject tothe tax lien must be sold and the proceeds thereof must be paid over to thedistrict according to the provisions of the laws applicable to tax sales andredemptions.

(Added to NRS by 1961, 439; A 1987, 726)

NRS 543.650 Depositof money in regional fund for control of floods; creation of reserve fund;limitations on use of money in funds.

1. The proceeds of all taxes and charges levied orimposed for the support of the district and all other revenues received for itsaccount from any source must be deposited in the regional fund for the controlof floods. No money may be drawn from the fund except for the use of thedistrict.

2. Whenever any indebtedness has been incurred by adistrict, the board may also levy taxes and collect revenue for the purpose ofcreating a reserve fund in such amount as the board may determine, which mayonly be used to meet the obligations of the district, for maintenance andoperating charges and depreciation, and to provide extension of and bettermentsto the improvements of the district.

3. The board shall not use money in the regional fundfor the control of floods or the reserve fund:

(a) For the construction, operation, maintenance,extension or repair of streets, highways or bridges, except as authorizedpursuant to NRS 543.170 to 543.830, inclusive; or

(b) To supplement the budget of the county in which thedistrict is located.

(Added to NRS by 1961, 440; A 1985, 1199; 1991, 1400)

Boundaries; Inclusion and Exclusion of Property

NRS 543.665 Boundarychanges; liability of property.

1. The boundary of any district organized under theprovisions of NRS 543.170 to 543.830, inclusive, may be changed in themanner prescribed in NRS 543.675 and 543.685, but the change of boundaries ofthe district does not impair or affect its organization, or affect, impair ordischarge any contract, obligation, lien or charge on which it or the propertytherein might be liable or chargeable had the change of boundaries not beenmade.

2. Property included within or annexed to a districtis subject to the payment of taxes, assessments and charges, as provided in NRS 543.685. Real property excluded from adistrict is thereafter subject to the levy of taxes for the payment of itsproportionate share of any indebtedness of the district outstanding at the timeof the exclusion and is subject to any outstanding special assessment lienthereon.

(Added to NRS by 1967, 1618; A 1987, 726)

NRS 543.675 Exclusion.

1. In a county whose population is less than 400,000an owner in fee of real property situate in the district may file with theboard a petition praying that those lands be excluded from the district.

2. Petitions must:

(a) Describe the property which the petitioner desiresto have excluded.

(b) State that the property does not produce any runoffof floodwater capable of being served by the facilities of the district or byany future improvement contained in the master plan.

(c) Be acknowledged in the same manner and form asrequired in case of a conveyance of land.

(d) Be accompanied by a deposit of money sufficient topay all costs of the proceedings for exclusion.

3. The secretary of the board shall cause a notice offiling of such petition to be published, which must:

(a) State the filing of the petition.

(b) State the names of the petitioners.

(c) Describe the property mentioned in the petition.

(d) State the prayer of the petitioners.

(e) Notify all persons interested to appear at theoffice of the board at the time named in the notice, and show cause in writingwhy the petition should not be granted.

4. The board at the time and place mentioned in thenotice, or at the times to which the hearing of the petition may be adjourned,shall proceed to hear the petition and all objections thereto, presented inwriting by any person.

5. The filing of the petition is an assent by eachpetitioner to the exclusion from the district of all or part of the propertymentioned in the petition.

6. The board, if it considers it not to be in the bestinterest of the district that all or part of the property be excluded from thedistrict, shall order that the petition be denied in whole or in part, as thecase may be.

7. If the board considers it to be in the bestinterest of the district that the property mentioned in the petition beexcluded from the district, the board shall order that the petition be grantedin whole or in part, as the case may be.

8. There may be no withdrawal from a petition afterconsideration by the board nor may further objection be filed except in case offraud or misrepresentation.

9. Upon granting the petition, the board shall filefor record a certified copy of its ordinance making the change, in the mannerprovided in NRS 543.300.

(Added to NRS by 1967, 1618; A 1985, 1199; 1989,1932)

NRS 543.685 Inclusion. In a county whose population is less than 400,000 theboundaries of a district may be enlarged by the inclusion of additional realproperty in the following manner:

1. The owner in fee of any real property capable ofbeing served by the facilities of the district may file with the board apetition praying that the property be included in the district.

2. The petition must:

(a) Set forth an accurate legal description of theproperty.

(b) State that assent to the inclusion of the propertyin the district is given by all the owners in fee of the property.

(c) Be acknowledged in the same manner required for aconveyance of land.

3. There may be no withdrawal from a petition afterconsideration by the board nor may further objections be filed except in caseof fraud or misrepresentation.

4. The board shall hear the petition at an openmeeting after publishing the notice of the filing of the petition, and of theplace, time and date of the meeting, and the names and addresses of thepetitioners. The board shall grant or deny the petition and the action of theboard is final and conclusive. If the petition is granted as to all or any ofthe real property described, the board shall make an order to that effect, andfile it for record in the manner provided in NRS543.300.

5. After the date of its inclusion in the district,the property is subject to all of the taxes imposed by the district, and isliable for its proportionate share of the existing general obligation bondedindebtedness of the district. It is not liable for any taxes levied or assessedbefore its inclusion in the district.

(Added to NRS by 1967, 1619; A 1985, 1200; 1989,1933)

Borrowing and Bonds

NRS 543.690 Formsof borrowing; applicability of Local Government Securities Law; additionalsecurity; notice of proposed issuance of long-term general obligation bondsrequired.

1. Upon the conditions and under the circumstances setforth in NRS 543.170 to 543.830, inclusive, a district or, ifrequested by the district, the board of county commissioners of the county inwhich the district is situated, may:

(a) Borrow money and issue the following securities toevidence the borrowing, subject to the provisions of NRS 350.020 to 350.070, inclusive:

(1) Notes;

(2) Warrants;

(3) Bonds;

(4) Temporary bonds;

(5) Interim debentures; and

(6) Special assessment bonds; and

(b) Make any other contract creating an indebtedness.

2. Subject to the provisions of subsection 1, theboard of directors of a district or the board of county commissioners may, onthe behalf and in the name of the district or the county, as the case may be,issue the securities, and in connection with any undertaking or facilitiesauthorized in NRS 543.170 to 543.830, inclusive, may otherwise proceedas provided in the Local Government Securities Law.

3. The payment of general obligation securities issuedpursuant to subsection 1 may be additionally secured by a pledge of any revenuefrom a tax imposed pursuant to NRS 543.600on retail sales and the storage, use or other consumption of tangible personalproperty in the county.

4. At least 60 days before any general obligationbonds for a term of more than 10 years are issued pursuant to this section, theboard of directors of the district shall publish a notice of the proposedissuance of long-term general obligation bonds in a newspaper of generalcirculation within the district. The notice must be published at least twiceduring the first 3 weeks of the 60 days. Each time the notice is published itmust be at least as large as 5 inches high by 4 inches wide.

(Added to NRS by 1961, 441; A 1969, 1633; 1975, 750;1985, 306; 1987, 726; 1991, 1373)

NRS 543.700 Short-termnotes.

1. A district, upon the affirmative vote of a majorityof the board, may borrow money without an election in anticipation of thecollection of taxes or other revenues and to issue short-term notes to evidencethe amount so borrowed.

2. Such short-term notes:

(a) Must be payable from the fund for which the moneywas borrowed.

(b) Must mature in accordance with the provisions of NRS 350.091.

(c) Must not be extended or funded except in compliancewith NRS 543.690.

(Added to NRS by 1961, 442; A 1991, 1374; 1995, 1828)

NRS 543.710 Generalobligation bonds: Interest; maturity; denominations; form.

1. To carry out the purposes of NRS 543.170 to 543.830, inclusive, the board may issuegeneral obligation negotiable coupon bonds of the district.

2. Bonds must:

(a) Bear interest at a rate or rates which do not exceedby more than 3 percent the Index of Twenty Bonds which was most recentlypublished before the bids are received or a negotiated offer is accepted,payable semiannually.

(b) Be payable serially, either annually orsemiannually, commencing not later than 3 years and extending not more than 40years from date.

(c) Be in such denominations as the board determinesand the bonds and coupons thereto attached must be payable to bearer.

(d) Be executed in the name of and on behalf of thedistrict and signed by the chairman of the board with the seal of the districtaffixed thereto and attested by the secretary of the board.

3. Any of the officers, after filing with theSecretary of State his manual signature certified by him under oath, mayexecute or cause to be executed with a facsimile signature in lieu of hismanual signature any bond authorized in this section, but at least onesignature required or permitted to be placed thereon must be manuallysubscribed, and his facsimile signature has the same legal effect as his manualsignature. Interest coupons must bear the original or facsimile signature ofthe chairman of the board.

4. The form and terms of the bonds, includingprovisions for their payment and redemption, must be determined by the board.If the board so determines, the bonds may be redeemable before maturity uponpayment of a premium, not exceeding 9 percent of the principal thereof.

(Added to NRS by 1961, 442; A 1971, 2129; 1975, 877;1981, 1421; 1983, 588; 1987, 727)

NRS 543.760 Applicabilityof NRS350.500 to 350.720, inclusive. The provisions of NRS543.710 and this section are hereby declared to be implementary to theprovisions of NRS 350.500 to 350.720, inclusive, concerning bonds issuedby political subdivisions of the state, and those provisions are applicable toany bond issue under NRS 543.710 andthis section, but in the event of conflict the provisions of NRS 543.710 and this section shall becontrolling.

(Added to NRS by 1961, 443; A 1969, 1634)

Dissolution of Districts

NRS 543.790 Resolutiondissolving ordinance; notice. Whenever a majorityof the members of the board considers it to be in the best interests of thedistrict and the area served by the district that the district be dissolved, itshall so determine by resolution, after there is first found and determined andrecited in the resolution that all outstanding indebtedness and bonds of allkinds of the district have been paid. The secretary of the board shall givenotice by publication of:

1. The adoption of the resolution;

2. The determination of the board that the districtshould be dissolved; and

3. The time and place for hearing preliminary to theadoption of an ordinance on dissolution.

(Added to NRS by 1961, 444; A 1985, 1202)

NRS 543.800 Protestsagainst dissolution; adoption of final ordinance.

1. Any taxpaying elector within the district may, onor before the date fixed, protest against the dissolution of such district, inwriting, which protest shall be filed with the county clerk of such county.

2. If, at or before the time fixed by the ordinanceand notice, written protest shall be filed signed by 51 percent or more of thetaxpaying electors within the district, the district shall not be dissolved. Ifany written protests are filed and the board of county commissioners determinesthat the protests so filed represent less than 51 percent of the taxpayingelectors of the district, the board may, if it so determines, complete thedissolution by the adoption of a final ordinance of dissolution, whichordinance shall contain a recital as to the percentage of protests, and suchrecital shall be binding and conclusive for all purposes.

(Added to NRS by 1961, 445)

NRS 543.810 Hearingon dissolution. At the place, date and hourspecified for the hearing in the notice or at any subsequent time to which thehearing may be adjourned, the board of county commissioners shall give fullconsideration to all protests which may have been filed and shall hear allpersons desiring to be heard and shall thereafter adopt either the finalordinance of dissolution or an ordinance determining that it shall not bedissolved.

(Added to NRS by 1961, 445)

NRS 543.820 Filingof ordinance dissolving district. Within 30days after the effective date of any ordinance dissolving the district, thecounty clerk shall file a copy of the ordinance in his office and shall causeto be filed an additional copy of the ordinance in the office of the Secretaryof State, which filings shall be without fee and be otherwise in the samemanner as articles of incorporation are required to be filed under chapter 78 of NRS.

(Added to NRS by 1961, 445)

NRS 543.830 Transferof property and money to county; collection and disposition of taxes.

1. All property and all funds remaining in thetreasury of any district so dissolved shall be surrendered and transferred tothe county in which the district exists and shall become a part of the generalfund of the county.

2. All outstanding and unpaid tax sales and levies ofa dissolved district shall be valid and remain a lien against the propertyagainst which they are assessed or levied until paid, subject, however, to thelimitations of liens provided by general law. Taxes paid after dissolutionshall be placed in the general fund of the county in which the property wasassessed.

3. The board of county commissioners shall have thesame power to enforce the collection of all outstanding tax sales of thedistrict as the district would have had if it had not been dissolved.

(Added to NRS by 1961, 445)

 

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