2005 Nevada Revised Statutes - Chapter 548 — Conservation

CHAPTER 548 - CONSERVATION

GENERAL PROVISIONS

NRS 548.010 Shorttitle.

NRS 548.015 Definitions.

NRS 548.020 Agenciesof the United States defined.

NRS 548.025 Agencyof this State defined.

NRS 548.030 Commissiondefined.

NRS 548.032 Conservationdistrict and district defined.

NRS 548.035 Divisiondefined.

NRS 548.040 Duenotice defined.

NRS 548.045 Governmentand governmental defined.

NRS 548.050 Landoccupier and occupier of land defined.

NRS 548.055 Nominatingpetition defined.

NRS 548.065 Petitiondefined.

NRS 548.069 Renewablenatural resources and resources defined.

NRS 548.075 Statedefined.

NRS 548.085 Supervisordefined.

NRS 548.090 United States defined.

NRS 548.095 Declarationof legislative policy: Conditions.

NRS 548.100 Declarationof legislative policy: Consequences.

NRS 548.105 Declarationof legislative policy: Appropriate corrective methods.

NRS 548.110 Declarationof legislative policy: Conservation and control.

STATE CONSERVATION COMMISSION

NRS 548.115 Creation;number and appointment of members.

NRS 548.120 Exofficio members and alternates.

NRS 548.125 Appointmentand terms of office of appointed members; vacancies.

NRS 548.135 Seal.

NRS 548.140 Chairman.

NRS 548.145 Compensationof members and employees; operating expenses.

NRS 548.148 Meetings.

NRS 548.150 Quorum.

NRS 548.155 Personnel:Employment; compensation; surety bonds; delegation of authority.

NRS 548.157 Divisionof Conservation Districts in State Department of Conservation and NaturalResources to supply staff.

NRS 548.160 Rulesand regulations.

NRS 548.165 Records.

NRS 548.170 AttorneyGeneral to provide legal services.

NRS 548.175 Generalpowers and duties.

NRS 548.178 Establishmentof programs for distributing grants to conservation districts; qualificationsfor grant; use of grant.

NRS 548.180 Cooperationof state agencies and state institutions with Commission.

CONSERVATION DISTRICTS

Organization

NRS 548.185 Contentsof petition for organization of district.

NRS 548.190 Hearingon petition: Notice; inclusion of other territory.

NRS 548.195 Commissionmay determine need for formation of district; definition of boundaries ofdistrict.

NRS 548.200 Denialof petition; filing of subsequent petition.

NRS 548.205 Determinationof administrative practicability and feasibility; referendum on proposition ofcreation of district.

NRS 548.210 Commissionto supervise hearings and referendum; conduct of referendum; informalities notto invalidate.

NRS 548.215 Organizationof district on determination of administrative practicability and feasibility.

NRS 548.220 Subsequentpetition after determination by Commission that operation of district is notadministratively practicable and feasible.

NRS 548.225 Appointmentof temporary supervisors.

NRS 548.230 Procedureto make district a governmental subdivision and corporate and political publicbody.

NRS 548.235 Temporarysupervisors to present application to Administrative Officer of Division;contents of application and statements.

NRS 548.240 AdministrativeOfficer of Division to examine and record application and statement; action ifname of district similar to name of another district; when districtconstituted; certificate of organization; boundaries.

NRS 548.245 Proofof establishment of district.

 

Election of First Supervisors After Organization

NRS 548.250 Nominatingpetitions for candidates for supervisors; signatures.

NRS 548.255 Noticeof election.

NRS 548.260 Arrangementof names of candidates for supervisors.

NRS 548.265 Eligibilityto vote at election.

NRS 548.270 Dutiesof Commission.

NRS 548.275 Electionof supervisors; terms of office.

 

Supervisors

NRS 548.280 Districtto be governed by elected and appointed supervisors.

NRS 548.283 Appointmentof supervisors to represent cities and counties; alternates.

NRS 548.285 Procedurefor election of supervisors.

NRS 548.290 Termsof office.

NRS 548.295 Vacancyin office.

NRS 548.300 Removalfrom office.

NRS 548.305 Quorum.

NRS 548.310 Compensationand expenses.

NRS 548.315 Chairman,secretary and other employees: Designation and employment; delegation of powersand duties; surety bonds.

NRS 548.320 Records;annual audit of accounts.

NRS 548.325 Districtattorneys to provide legal services.

NRS 548.330 Supervisorsto furnish Commission information.

NRS 548.335 Cityor county representatives may advise and consult with supervisors.

 

Powers of Districts and Supervisors

NRS 548.340 Conservationdistrict is governmental subdivision; exercise of public powers.

NRS 548.345 Surveys,investigations and research.

NRS 548.350 Demonstrationalprojects.

NRS 548.355 Preventiveand control measures; repair and restoration of property.

NRS 548.360 Cooperationand agreements with agencies for conserving renewable natural resources.

NRS 548.365 Availabilityof agricultural and engineering machinery, fertilizer and seeds.

NRS 548.370 Construction,operation and maintenance of facilities and structures.

NRS 548.375 Comprehensiveplans for conservation.

NRS 548.380 Administrationof projects; acceptance of gifts; participation in cost-sharing on federallyfinanced projects.

NRS 548.385 Seal;perpetual succession; rules and regulations.

NRS 548.390 Conditionsfor extension of benefits to lands not controlled by State or its agencies.

NRS 548.393 Acquisitionand disposition of property: Power to acquire, maintain and improve property;use of income received therefrom; disposal.

NRS 548.395 Acquisitionand disposition of property: Applicability of other laws.

NRS 548.397 Acquisitionand disposition of property: Payments in lieu of taxes; amount; collection.

NRS 548.400 Cooperationbetween districts.

NRS 548.405 Cooperationof state agencies and political subdivisions; applicability of regulations foruse of land to publicly owned land.

 

Regulations for Use of Land; Board of Adjustment

NRS 548.410 Petition;formulation; hearings; determination of whether referendum to be held.

NRS 548.415 Proposedordinance; notices of referendum; form of question; informalities not toinvalidate referendum.

NRS 548.420 Approvalof proposed ordinance; effect of regulations.

NRS 548.425 Procedurefor amendment or repeal of regulations.

NRS 548.430 Permissibleprovisions.

NRS 548.435 Uniformityof regulations; availability to occupiers of lands within district.

NRS 548.440 Enforcementof regulations; damages.

NRS 548.445 Petitionto district court to require observance.

NRS 548.450 Serviceof process; appointment of master; hearing; order of court.

NRS 548.455 Courtto retain jurisdiction until work completed; entry of judgment for costs andexpenses; judgment as lien.

NRS 548.460 Boardof adjustment: Establishment.

NRS 548.465 Boardof adjustment: Number, appointment and terms of members.

NRS 548.470 Boardof adjustment: Vacancies.

NRS 548.475 Boardof adjustment: Removal of member.

NRS 548.480 Boardof adjustment: Compensation of members and employees.

NRS 548.485 Boardof adjustment: Chairman.

NRS 548.490 Boardof adjustment: Meetings; quorum.

NRS 548.495 Boardof adjustment: Rules; records.

NRS 548.500 Boardof adjustment: Commission to pay expenses.

NRS 548.505 Petitionfor variance: Notice; hearing; determination of board; order.

NRS 548.510 Procedurefor review of order of board of adjustment by district court.

 

Inclusion and Exclusion of Lands

NRS 548.515 Procedurefor inclusion of land.

NRS 548.520 Procedurefor exclusion of land.

 

Dissolution

NRS 548.525 Petitionfor discontinuance; determination of need for referendum.

NRS 548.530 Referendumon petition for discontinuance.

NRS 548.535 Discontinuanceof district on determination that continued operation is not administrativelypracticable or feasible.

NRS 548.540 Limitationon subsequent petitions for discontinuance of district.

NRS 548.545 Procedureon discontinuance of district; certificate of dissolution.

NRS 548.550 Effectof certificate of dissolution.

_________

GENERAL PROVISIONS

NRS 548.010 Shorttitle. This chapter may be known and cited asthe Conservation Districts Law.

[1:212:1937; 1931 NCL 6870.01](NRS A 1973, 738)

NRS 548.015 Definitions. As used in this chapter, the following terms have themeanings attributed to them in NRS 548.020to 548.090, inclusive, unless the contextotherwise requires.

[Part 3:212:1937; 1931 NCL 6870.03]

NRS 548.020 Agenciesof the United States defined. Agencies ofthe United States includes the United States of America, the Soil ConservationService of the United States Department of Agriculture, and any other agency orinstrumentality, corporate or otherwise, of the United States of America.

[Part 3:212:1937; 1931 NCL 6870.03]

NRS 548.025 Agencyof this State defined. Agency of this Stateincludes the government of this State and any subdivision, agency orinstrumentality, corporate or otherwise, of the government of this State.

[Part 3:212:1937; 1931 NCL 6870.03]

NRS 548.030 Commissiondefined. Commission means the State ConservationCommission in the State Department of Conservation and Natural Resources.

[Part 3:212:1937; 1931 NCL 6870.03](NRS A 1973,738; 1977, 1172)

NRS 548.032 Conservationdistrict and district defined. Conservationdistrict or district means a governmental subdivision of this State, and apublic body corporate and politic, organized in accordance with the provisionsof this chapter for the purposes, with the powers, and subject to therestrictions set forth in this chapter.

(Added to NRS by 1973, 737; A 1977, 1172)

NRS 548.035 Divisiondefined. Division means the Division of ConservationDistricts in the State Department of Conservation and Natural Resources.

[Part 3:212:1937; 1931 NCL 6870.03](NRS A 1977,1172)

NRS 548.040 Duenotice defined.

1. Due notice means notice:

(a) Published at least twice, with an interval of atleast 7 days between the two publication dates, in a newspaper or otherpublication of general circulation within the appropriate area; or

(b) If no such publication of general circulation isavailable, by posting at a reasonable number of conspicuous places within theappropriate area, such posting to include, where possible, posting at publicplaces where it may be customary to post notices concerning county or municipalaffairs generally.

2. At any hearing held pursuant to such notice, at thetime and place designated in such notice, adjournment may be made from time totime without the necessity of renewing such notice for such adjourned dates.

[Part 3:212:1937; 1931 NCL 6870.03]

NRS 548.045 Governmentand governmental defined. Government or governmentalincludes the government of this State, the United States Government, and anysubdivision, agency or instrumentality, corporate or otherwise, of either ofthem.

[Part 3:212:1937; 1931 NCL 6870.03]

NRS 548.050 Landoccupier and occupier of land defined. Landoccupier or occupier of land means any person, firm or corporation whichholds title to, or is in legal possession of, any lands lying within a districtorganized under the provisions of this chapter, whether as owner or as lesseeor tenant under a lease or rental agreement for a term of 1 year or longer, butdoes not include transient users.

[Part 3:212:1937; 1931 NCL 6870.03](NRS A 1973,738)

NRS 548.055 Nominatingpetition defined. Nominating petition meansa petition to nominate candidates for the office of supervisor of aconservation district.

[Part 3:212:1937; 1931 NCL 6870.03](NRS A 1973,738; 1975, 899)

NRS 548.065 Petitiondefined. Petition means a petition filedunder the provisions of NRS 548.185 forthe creation of a district.

[Part 3:212:1937; 1931 NCL 6870.03]

NRS 548.069 Renewablenatural resources and resources defined. Renewablenatural resources or resources includes land, soil, water, vegetation,trees, natural landscape and open space.

(Added to NRS by 1973, 737)

NRS 548.075 Statedefined. State means the State of Nevada.

[Part 3:212:1937; 1931 NCL 6870.03]

NRS 548.085 Supervisordefined. Supervisor means one of the membersof the governing body of a district, elected or appointed in accordance withthe provisions of this chapter.

[Part 3:212:1937; 1931 NCL 6870.03]

NRS 548.090 UnitedStates defined. United States includes theUnited States of America, the Soil Conservation Service of the United StatesDepartment of Agriculture, and any other agency or instrumentality, corporateor otherwise, of the United States of America.

[Part 3:212:1937; 1931 NCL 6870.03]

NRS 548.095 Declarationof legislative policy: Conditions. It ishereby declared, as a matter of legislative determination:

1. That the renewable natural resources of the Stateof Nevada are basic assets.

2. That they are being affected by the ever-increasingdemands of farm and ranch operations and by changes in land use fromagricultural to nonagricultural uses, such as, but not limited to, residentialand commercial developments, highways and airports.

3. That conservation, protection, and controlleddevelopment of these renewable natural resources are necessary at such rate andsuch levels of quality as will meet the needs of the people of this State.

[Part 2:212:1937; 1931 NCL 6870.02](NRS A 1973,738)

NRS 548.100 Declarationof legislative policy: Consequences. It ishereby declared, as a matter of legislative determination, that theconsequences of failing to plan for and accomplish the conservation andcontrolled development of the renewable resources of the State of Nevada are tohandicap economic development and cause degeneration of environmentalconditions important to future generations.

[Part 2:212:1937; 1931 NCL 6870.02](NRS A 1973,739)

NRS 548.105 Declarationof legislative policy: Appropriate corrective methods.It is hereby declared, as a matter of legislative determination, thatpersons in local communities are best able to provide basic leadership anddirection for the planning and accomplishment of the conservation anddevelopment of renewable natural resources through organization and operationof conservation districts.

[Part 2:212:1937; 1931 NCL 6870.02](NRS A 1973,740)

NRS 548.110 Declarationof legislative policy: Conservation and control. Itis hereby declared to be the policy of the Legislature to recognize theever-increasing demands on the renewable natural resources of the State and theneed to conserve, protect and develop such resources at such levels of qualityas will meet the needs of the people of the State.

[Part 2:212:1937; 1931 NCL 6870.02](NRS A 1973,740)

STATE CONSERVATION COMMISSION

NRS 548.115 Creation;number and appointment of members. The StateConservation Commission, consisting of two ex officio members and seven membersappointed by the Governor, is hereby created.

[Part 4:212:1937; A 1951, 190](NRS A 1973, 741;1977, 1244)

NRS 548.120 Exofficio members and alternates.

1. The following shall serve, ex officio, as membersof the State Conservation Commission:

(a) The Dean of the Max C. Fleischmann College ofAgriculture of the University of Nevada, Reno.

(b) The Director of the State Department ofAgriculture.

2. The ex officio members may appoint, in writing,alternates to attend any meeting of the Commission. Ex officio members or theiralternates have full voting powers.

3. An ex officio member of the Commission shall serveon the Commission as long as he retains the office by virtue of which he isserving on the Commission.

[Part 4:212:1937; A 1951, 190](NRS A 1960, 431;1961, 513; 1969, 1443; 1973, 741; 1993, 1704; 1999, 3634)

NRS 548.125 Appointmentand terms of office of appointed members; vacancies.

1. For the purposes of this section:

(a) Area 1 consists of Elko, Eureka, Humboldt, Landerand Pershing counties.

(b) Area 2 consists of Carson City and Churchill,Douglas, Lyon, Storey and Washoe counties.

(c) Area 3 consists of Clark, Esmeralda, Lincoln,Mineral, Nye and White Pine counties.

2. Not later than September 1, 1973, the NevadaAssociation of Conservation Districts shall submit to the Governor a list of atleast 15 persons, no more than one of whom resides in any one county orconservation district. The list shall include five persons from each of theareas designated in subsection 1.

3. The Governor shall appoint to the Commission oneperson from each area for a term of 2 years, one person from each area for aterm of 4 years, and a member at large, from any area, for a term of 4 years.Upon the expiration of these initial terms, each member shall be appointed fora term of 4 years, except to fill a vacancy for the unexpired term.

4. At least 60 days prior to the expiration of eachgroup of terms, the Nevada Association of Conservation Districts shall submitto the Governor a list of at least nine persons, no more than one of whomresides in any one county or conservation district. The list shall includethree persons from each of the areas designated in subsection 1. The Governorshall appoint a person from the same area to succeed each member whose termexpires, except that the successor of the member at large may be from any area.

5. Any appointed member who fails to attend threeconsecutive, regular meetings of the Commission shall, at the recommendation ofthe Commission, be replaced for the balance of such members term of office.

6. Vacancies shall be filled by appointment by theGovernor from the names on the last list presented to him by the NevadaAssociation of Conservation Districts.

[Part 4:212:1937; A 1951, 190](NRS A 1973, 741)

NRS 548.135 Seal. The Commission shall adopt a seal, which seal shall bejudicially noticed.

[Part 4:212:1937; A 1951, 190](NRS A 1973, 742)

NRS 548.140 Chairman. The Commission shall designate its Chairman annually fromamong its appointed members.

[Part 4:212:1937; A 1951, 190](NRS A 1973, 742)

NRS 548.145 Compensationof members and employees; operating expenses.

1. Each member of the Commission is entitled toreceive a salary of not more than $80, as fixed by the Commission, for eachdays attendance at a meeting of the Commission.

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

3. The Director of the State Department ofConservation and Natural Resources shall include in his budget the moneynecessary for the operating expenses of the Commission.

[Part 4:212:1937; A 1951, 190](NRS A 1973, 742;1977, 1244; 1981, 1988; 1985, 437; 1989, 1719)

NRS 548.148 Meetings. The Commission may meet regularly at quarterly intervals.Additional meetings may be held as required.

(Added to NRS by 1973, 737; A 1983, 1447)

NRS 548.150 Quorum. A majority of the Commission shall constitute a quorum,and the concurrence of a majority of the quorum in any matter within their dutiesshall be required for its determination.

[Part 4:212:1937; A 1951, 190](NRS A 1973, 742)

NRS 548.155 Personnel:Employment; compensation; surety bonds; delegation of authority.

1. The State Conservation Commission may employ suchpersonnel, permanent and temporary, as it may require, and shall determinetheir qualifications, duties and compensation, subject to the limitations ofthe laws of the State of Nevada.

2. The Commission may provide for the execution ofsurety bonds for all employees and officers who shall be entrusted with fundsor property.

3. The Commission may delegate to its Chairman, to oneor more of its members, or to one or more agents or employees, such powers andduties as it may deem proper.

[Part 4:212:1937; A 1951, 190](NRS A 1973, 742)

NRS 548.157 Divisionof Conservation Districts in State Department of Conservation and NaturalResources to supply staff. The Division ofConservation Districts in the State Department of Conservation and NaturalResources shall perform staff services for the Commission in carrying out itsresponsibilities under this chapter.

(Added to NRS by 1973, 737)

NRS 548.160 Rulesand regulations. The Commission may adopt andpromulgate such rules and regulations as may be necessary for the execution ofits functions under this chapter.

[Part 4:212:1937; A 1951, 190](NRS A 1973, 743)

NRS 548.165 Records. The Commission shall keep a full and accurate record ofits official actions and all proceedings, and of all resolutions, regulationsand orders issued or adopted.

[Part 4:212:1937; A 1951, 190](NRS A 1973, 743;1979, 118)

NRS 548.170 AttorneyGeneral to provide legal services. TheAttorney General shall provide such legal services as the Commission mayrequire.

[Part 4:212:1937; A 1951, 190](NRS A 1973, 743)

NRS 548.175 Generalpowers and duties. The Commission has thefollowing duties and powers:

1. To carry out the policies of this State in programsat the state level for the conservation of the renewable natural resources of thisState and to represent the State in matters affecting such resources.

2. To offer such assistance as may be appropriate tothe supervisors of conservation districts in the carrying out of any of theirpowers and programs, to propose programs and to assist and guide districts inthe preparation and carrying out of programs authorized under this chapter, toreview district programs, to coordinate the programs of the districts andresolve any conflicts in such programs, and to facilitate, promote, assist,harmonize, coordinate and guide the programs and activities of districts asthey relate to other special-purpose districts, counties and other public agencies.

3. To keep the supervisors of each of the districtsinformed of the activities and experience of all other districts organizedpursuant to this chapter, and to facilitate an interchange of advice andexperience among those districts and promote cooperation among them.

4. To secure the cooperation and assistance of theUnited States, any of its agencies and of other agencies of this State in thework of conservation districts.

5. To serve, along with conservation districts, as theofficial state agency for cooperating with the Natural Resources ConservationService of the United States Department of Agriculture in carrying onconservation operations within the boundaries of conservation districts ascreated under this chapter.

6. To enlist the cooperation and collaboration ofstate, federal, interstate, local, public and private agencies with theconservation districts and to facilitate arrangements under which theconservation districts may serve county governing bodies and other agencies astheir local operating agencies in the administration of any activity concernedwith the conservation and use of renewable natural resources.

7. To make available, with the assistance of theDivision, information concerning the needs and the work of the districts andthe Commission to the Director of the State Department of Conservation andNatural Resources, the Legislature, executive agencies and politicalsubdivisions of this State, cooperating federal agencies and the generalpublic.

8. To cooperate with and give such assistance as maybe requested by cities, counties, irrigation districts, and otherspecial-purpose districts in the State of Nevada for the purpose of cooperatingwith the United States through the Secretary of Agriculture in the furtheranceof conservation, pursuant to the provisions of the Watershed Protection andFlood Prevention Act, 16 U.S.C. 1001 et seq., and the requirements of otherspecial programs of the United States Department of Agriculture.

9. Pursuant to procedures developed mutually by theCommission and federal, state and local agencies that are authorized to plan oradminister activities significantly affecting the conservation and use ofrenewable natural resources, to receive from those agencies, for review andcomment, suitable descriptions of their plans, programs and activities forpurposes of coordination with the conservation districts programs and toarrange for and participate in conferences necessary to avoid conflict amongthe plans and programs, to call attention to omissions and to avoid duplicationof effort.

10. To submit, with the assistance of the Division, areport to the Director of the State Department of Conservation and NaturalResources whenever the Commission determines that there exists a substantialconflict between the program of a district and the proposed plans or activitiesdirectly affecting the conservation of natural resources prepared by any otherlocal governmental unit or agency of this State.

11. By administrative order of the Commission, uponthe written request of the board of supervisors of the conservation district ordistricts involved, with a showing that the request has been approved by amajority vote of the members of each of the boards involved:

(a) To transfer lands from one district establishedunder the provisions of this chapter to another.

(b) To divide a single district into two or moredistricts, each of which must, thereafter, operate as a separate district underthe provisions of this chapter.

(c) To consolidate two or more districts establishedunder the provisions of this chapter into a single district under theprovisions of this chapter.

(d) To inform the Administrative Officer of theDivision of any action taken pursuant to this subsection for his approval ofany new name and the appropriate entry in his records of the changes made.

12. To authorize the change of name of any district,upon receipt by the Commission of a resolution by the board of supervisors ofthe district for such a change and to present the resolution to theAdministrative Officer of the Division for processing and recording inaccordance with the provisions of NRS548.240.

13. To apply for any available grants and to acceptand use any grants, gifts or donations to make available grants of money toqualified conservation districts to aid the districts in carrying out theprovisions of this chapter.

[Part 4:212:1937; A 1951, 190](NRS A 1973, 743;1977, 1173; 1985, 777; 1995, 1922; 2005, 121)

NRS 548.178 Establishmentof programs for distributing grants to conservation districts; qualificationsfor grant; use of grant.

1. The Commission may establish programs fordistributing, within the limits of legislative appropriations and otheravailable money, grants of money to conservation districts. Distribution ofsuch grants must be made in the following manner:

(a) The Commission shall distribute grants of moneyprovided by legislative appropriation in equal amounts to each conservationdistrict which the Commission determines qualifies for a grant.

(b) The Commission may distribute grants of moneyprovided by sources other than legislative appropriation in such amounts andsubject to such conditions as the Commission determines appropriate to any conservationdistrict which the Commission determines qualifies for a grant.

2. The Commission may determine that a conservationdistrict qualifies for a grant of money pursuant to this section if thedistrict demonstrates to the satisfaction of the Commission that the district:

(a) Has been established in accordance with theprovisions of this chapter; and

(b) Is in compliance with all of the requirements ofthis chapter and the regulations of the Commission adopted pursuant thereto.

3. Except as may otherwise be provided as a conditionof a grant of money distributed by the Commission pursuant to paragraph (b) ofsubsection 1, a conservation district that is awarded a grant of money pursuantto this section may use the money for reasonable and necessary expensesincurred by the district in carrying out its duties and authorities inaccordance with this chapter and the annual district budget approved by theCommission.

4. The Commission may adopt such regulations as itconsiders necessary to carry out the provisions of this section.

(Added to NRS by 1995, 1922; A 2005, 122)

NRS 548.180 Cooperationof state agencies and state institutions with Commission. Upon request of the Commission, for the purpose ofcarrying out any of its functions, the supervising officer of any state agency,or of any state institution of learning, shall, insofar as may be possibleunder available appropriation and having due regard to the needs of the agencyto which the request is directed, assign or detail to the Commission members ofthe staff or personnel of such agency or institution of learning, and make suchspecial reports, surveys or studies as the Commission may request.

[Part 4:212:1937; A 1951, 190](NRS A 1973, 745)

CONSERVATION DISTRICTS

Organization

NRS 548.185 Contentsof petition for organization of district.

1. Any 10 occupiers of land lying within the limits ofthe territory proposed to be organized into a district may file a petition withthe State Conservation Commission asking that a conservation district beorganized to function in the territory described in the petition.

2. The petition shall set forth:

(a) The proposed name of the district.

(b) That there is need, in the interest of publichealth, safety and welfare, for a conservation district to function in theterritory described in the petition.

(c) A description of the territory proposed to beorganized as a district, which shall consist of one or more townships createdpursuant to chapter 257 of NRS.

(d) A request that a referendum be held within theterritory so defined on the question of the creation of a conservation districtin such territory, and that the Commission determine that such a district becreated.

3. Where more than one petition is filed coveringparts of the same territory, the State Conservation Commission may consolidateall or any such petitions.

[Part 5:212:1937; A 1947, 431; 1951, 190](NRS A1973, 745; 1975, 900)

NRS 548.190 Hearingon petition: Notice; inclusion of other territory.

1. Within 30 days after such a petition has been filedwith the State Conservation Commission, it shall cause due notice to be givenof a proposed hearing upon:

(a) The question of the desirability and necessity, in theinterest of the public health, safety and welfare, of the creation of suchdistrict.

(b) The question of the appropriate boundaries to beassigned to such district.

(c) The propriety of the petition and other proceedingstaken under this chapter.

(d) All questions relevant to such inquiries.

2. All occupiers of land within the limits of theterritory described in the petition, and of lands within any territoryconsidered for addition to such described territory, and all other interestedpersons, shall have the right to attend such hearings and to be heard.

3. If it shall appear upon the hearing that it may bedesirable to include, within the proposed district, territory outside of thearea within which due notice of the hearing has been given, the hearing shallbe adjourned and due notice of further hearing shall be given throughout theentire area considered for inclusion in the district, and such further hearingshall be held.

[Part 5:212:1937; A 1947, 431; 1951, 190](NRS A1973, 746)

NRS 548.195 Commissionmay determine need for formation of district; definition of boundaries ofdistrict.

1. After such hearing, if the Commission determines,upon the facts presented at such hearing and upon such other relevant facts andinformation as may be available, that there is need, in the interest of thepublic health, safety and welfare, for a conservation district to function inthe territory considered at the hearing, the Commission shall make and recordsuch determination, and shall determine the township or townships to beincluded in the district.

2. In making such determination, the Commission shallgive due weight and consideration to:

(a) The topography of the area considered and of theState.

(b) The composition of soils therein.

(c) The distribution of erosion.

(d) The prevailing land use practices.

(e) The desirability and necessity of including withinthe boundaries the particular lands under consideration and the benefits suchlands may receive from being included within such boundaries.

(f) The relation of the proposed area to existing watershedsand agricultural regions, and to other conservation districts already organizedor proposed for organization under the provisions of this chapter.

(g) Such other physical, geographical and economicfactors as are relevant, having due regard to the legislative determinationsset forth in NRS 548.095 to 548.110, inclusive.

3. After consideration of the petition and of anyother evidence of interest in the organization of a district, and of therelevant factors regarding the need for a district to function in the territorybeing considered, the State Conservation Commission may make the determinationof such need without holding a hearing.

[Part 5:212:1937; A 1947, 431; 1951, 190](NRS A1973, 746; 1975, 900)

NRS 548.200 Denialof petition; filing of subsequent petition.

1. If the Commission shall determine after the hearingand after due consideration of the relevant facts that there is no need for aconservation district to function in the territory considered at the hearing,the Commission shall make and record such determination and shall deny thepetition.

2. After 6 months shall have expired from the date ofthe denial of any such petition, subsequent petitions covering the sameterritory may be filed and new hearings held and determinations made thereon.

[Part 5:212:1937; A 1947, 431; 1951, 190](NRS A1973, 747)

NRS 548.205 Determinationof administrative practicability and feasibility; referendum on proposition ofcreation of district.

1. After the Commission has made and recorded adetermination that there is need, in the interest of the public health, safetyand welfare, for the organization of a district in a particular territory andhas determined the township or townships to be included, the Commission shallconsider the question whether the operation of a district within such territorywith the powers conferred upon conservation districts in this chapter isadministratively practicable and feasible.

2. To assist the Commission in the determination ofsuch administrative practicability and feasibility, the Commission shall,within a reasonable time after entry of the finding that there is need for theorganization of the proposed district and the determination of its territory,hold a referendum within the proposed district upon the proposition of thecreation of the district, and shall cause due notice of such referendum to begiven.

3. The question shall be submitted by ballots uponwhich the words For creation of a conservation district consisting of thetownship (or townships) of ........................ in the county (or counties)of ........................ and Against creation of a conservation districtconsisting of the township (or townships) of ........................ in thecounty (or counties) of ........................ shall be printed, with asquare before each proposition and a direction to insert an X mark in thesquare before one or the other of the propositions, as the voter may favor oroppose creation of such district.

4. All persons determined by the county clerk orclerks to be registered voters residing within the boundaries of the proposedconservation district shall be eligible to vote in such referendum.

[Part 5:212:1937; A 1947, 431; 1951, 190](NRS A1973, 747; 1975, 901)

NRS 548.210 Commissionto supervise hearings and referendum; conduct of referendum; informalities notto invalidate.

1. The Commission shall:

(a) Pay all expenses for the issuance of such notices andthe conduct of such hearings and referendum.

(b) Supervise the conduct of such hearings andreferendum.

(c) Issue appropriate regulations governing the conductof such hearings and referendum, and providing for the registration prior tothe date of the referendum of all eligible voters, or prescribing some otherappropriate procedure for the determination of those eligible as voters in suchreferendum.

2. No informalities in the conduct of such referendumor in any matters relating thereto shall invalidate the referendum or theresult thereof if notice thereof shall have been given substantially asprovided in this chapter and the referendum shall have been fairly conducted.

[Part 5:212:1937; A 1947, 431; 1951, 190](NRS A1973, 747)

NRS 548.215 Organizationof district on determination of administrative practicability and feasibility.

1. The Commission shall publish the result of thereferendum and shall thereafter consider and determine whether the operation ofthe district is administratively practicable and feasible.

2. If the Commission determines that the operation ofsuch district is not administratively practicable and feasible, the Commissionshall record such determination and deny the petition.

3. If the Commission determines that the operation ofthe district is administratively practicable and feasible, the Commission shallrecord such determination and shall proceed with the organization of thedistrict in the manner provided in this chapter. The Commission shall notdetermine that the operation of the proposed district is administrativelypracticable and feasible unless at least a majority of the votes cast in thereferendum upon the creation of the district are cast in favor of the creationof such district.

4. In making such determination, the Commission shallgive due regard and weight to:

(a) The attitudes of the occupiers of lands lyingwithin the defined boundaries.

(b) The number of eligible registered voters who votedin the referendum.

(c) The proportion of the votes cast in such referendumin favor of the creation of the district to the total number of votes cast.

(d) The approximate wealth and income of the landoccupiers of the proposed district.

(e) The probable expense of carrying on erosion-controloperations within such district.

(f) Such other economic and social factors as may berelevant to such determination, having due regard to the legislativedeterminations set forth in NRS 548.095to 548.110, inclusive.

[Part 5:212:1937; A 1947, 431; 1951, 190](NRS A1973, 748; 1975, 901)

NRS 548.220 Subsequentpetition after determination by Commission that operation of district is notadministratively practicable and feasible. After6 months shall have expired from the date of entry of a determination by theState Conservation Commission that operation of a proposed district is notadministratively practicable and feasible, and denial of a petition pursuant tosuch determination, subsequent petitions may be filed and action taken thereonin accordance with the provisions of this chapter.

[Part 5:212:1937; A 1947, 431; 1951, 190](NRS A1973, 748)

NRS 548.225 Appointmentof temporary supervisors.

1. If the Commission determines that the operation ofthe proposed district within the defined boundaries is administrativelypracticable and feasible, the Commission shall appoint five supervisors to actas the governing body of the district until the time of the election of fivesupervisors by the qualified electors of the district, at which time suchappointments shall be terminated. The number of supervisors elected to 2-yearand 4-year terms shall correspond to the respective numbers so elected in allother districts at that particular election.

2. The five supervisors appointed by the Commissionshall be persons who are by training and experience qualified to perform thespecialized, skilled services which will be required of them in the performanceof their duties hereunder.

[Part 5:212:1937; A 1947, 431; 1951, 190] + [Part7:212:1937; A 1945, 28; 1947, 431; 1951, 190](NRS A 1973, 749; 1975, 902)

NRS 548.230 Procedureto make district a governmental subdivision and corporate and political publicbody. The district shall be a governmentalsubdivision of this State and a public body corporate and politic upon thetaking of the proceedings designated in NRS548.235 and 548.240.

[Part 5:212:1937; A 1947, 431; 1951, 190]

NRS 548.235 Temporarysupervisors to present application to Administrative Officer of Division;contents of application and statements.

1. The five appointed supervisors shall present to theAdministrative Officer of the Division an application signed by them, whichstates:

(a) That a petition for the creation of the districtwas filed with the Commission pursuant to the provisions of this chapter, andthat the proceedings specified in this chapter were taken pursuant to thatpetition.

(b) That the application is being filed in order tocomplete the organization of the district as a governmental subdivision and apublic body, corporate and politic, under this chapter.

(c) That the Commission has appointed them assupervisors.

(d) The name and official residence of each of thesupervisors, together with a certified copy of the appointments evidencingtheir right to office.

(e) The term of office of each of the supervisors.

(f) The name which is proposed for the district.

(g) The location of the principal office of thesupervisors of the district.

2. The application must be subscribed and sworn to byeach of the supervisors before a person authorized to take and certify oaths,who shall certify upon the application that he personally knows the supervisorsand knows them to be the officers as affirmed in the application, and that eachhas subscribed thereto in the officers presence.

3. The application must be accompanied by a statementby the Commission:

(a) That a petition was filed, notice issued andhearing held as required by this chapter.

(b) That the Commission did determine that there isneed, in the interest of the public health, safety and welfare, for aconservation district to function in the proposed territory and did define thetownship or townships to be included.

(c) That notice was given and a referendum held on thequestion of the creation of such a district, and that a majority of the votescast in such referendum were in favor of the creation of the district.

(d) That thereafter the Commission did determine thatthe operation of the proposed district is administratively practicable andfeasible.

4. The statement must set forth the township ortownships to be included.

[Part 5:212:1937; A 1947, 431; 1951, 190](NRS A1973, 749; 1975, 902; 1985, 779)

NRS 548.240 AdministrativeOfficer of Division to examine and record application and statement; action ifname of district similar to name of another district; when districtconstituted; certificate of organization; boundaries.

1. The Administrative Officer of the Division shallexamine the application and statement, and if he finds that the name proposedfor the district is not identical with that of any other conservation districtof this State or so nearly similar as to lead to confusion or uncertainty, heshall record them in an appropriate book of record in his office.

2. If he finds that the name proposed for the districtis identical with that of any other conservation district of this State, or sonearly similar as to lead to confusion and uncertainty, he shall notify theCommission. The Commission shall thereupon submit a new name for the district.Upon receipt of a new name, free of such defects, he shall record theapplication and statement, with the name so modified, in an appropriate book ofrecord in his office.

3. When the application and statement have been recorded,the district becomes a governmental subdivision of this State and a public bodycorporate and politic.

4. The Administrative Officer of the Division shallmake and issue to the supervisors a certificate, over his signature, of theorganization of the district.

5. The boundaries of the district must include theterritory determined by the Commission, but must not include any area includedwithin the boundaries of another conservation district organized under theprovisions of this chapter.

[Part 5:212:1937; A 1947, 431; 1951, 190](NRS A1973, 750; 1985, 780)

NRS 548.245 Proofof establishment of district.

1. In any suit, action or proceeding involving thevalidity or enforcement of, or relating to, any contract, proceeding or actionof the district, the district shall be deemed to have been established inaccordance with the provisions of this chapter upon proof of the issuance ofthe certificate by the Administrative Officer of the Division.

2. A copy of such a certificate issued by the AdministrativeOfficer of the Division is admissible in evidence in any such suit, action orproceeding and is proof of the contents thereof.

[Part 5:212:1937; A 1947, 431; 1951, 190](NRS A1985, 780)

Election of First Supervisors After Organization

NRS 548.250 Nominatingpetitions for candidates for supervisors; signatures.

1. Within 30 days after the date of issuance by theAdministrative Officer of the Division of a certificate of organization of aconservation district, nominating petitions may be filed with the Commission tonominate candidates for supervisors at large of the district.

2. The Commission may extend the time within whichnominating petitions may be filed.

3. No nominating petition may be accepted by theCommission unless it is subscribed by three or more registered voters residingwithin the district.

4. Registered voters of the district may sign morethan one nominating petition to nominate more than one candidate forsupervisor.

[Part 6:212:1937; A 1945, 28; 1947, 431; 1951, 190](NRSA 1973, 750; 1975, 903; 1985, 781)

NRS 548.255 Noticeof election. The Commission shall give duenotice of an election to be held for the election of five supervisors for thedistrict.

[Part 6:212:1937; A 1945, 28; 1947, 431; 1951,190](NRS A 1973, 751)

NRS 548.260 Arrangementof names of candidates for supervisors. Thenames of all nominees on behalf of whom such nominating petitions have beenfiled within the time designated in NRS548.250 shall be printed, arranged in alphabetical order of the surnames,upon ballots, with a square before each name and a direction to insert an Xmark in the square before any five names to indicate the voters preference.

[Part 6:212:1937; A 1945, 28; 1947, 431; 1951, 190]

NRS 548.265 Eligibilityto vote at election. All registered votersresiding within the district are eligible to vote in such election.

[Part 6:212:1937; A 1945, 28; 1947, 431; 1951,190](NRS A 1973, 751; 1975, 903)

NRS 548.270 Dutiesof Commission. The Commission shall:

1. Supervise the conduct of such election.

2. Prescribe regulations governing the conduct of suchelection.

3. Publish the results thereof.

[Part 6:212:1937; A 1945, 28; 1947, 431; 1951,190](NRS A 1973, 751; 1975, 903)

NRS 548.275 Electionof supervisors; terms of office.

1. In the election held in 1976, two terms of 4 yearseach and three terms of 2 years each shall be allocated among the candidates indescending order of number of votes received.

2. Supervisors who receive an equal number of votesshall draw lots to determine their terms.

3. After that election, supervisors shall be electedfor terms of 4 years.

[Part 6:212:1937; A 1945, 28; 1947, 431; 1951,190](NRS A 1973, 751; 1975, 903)

Supervisors

NRS 548.280 Districtto be governed by elected and appointed supervisors. Eachdistrict shall be governed by a board consisting of five supervisors elected atlarge and one or two appointed supervisors, as provided in this chapter.

[Part 7:212:1937; A 1945, 28; 1947, 431; 1951,190](NRS A 1973, 751)

NRS 548.283 Appointmentof supervisors to represent cities and counties; alternates.

1. The governing bodies of any incorporated citieslocated within the boundaries of the district shall appoint a representative torepresent them as a supervisor on the governing board of the district.

2. If the cities cannot agree on one representative toserve as a supervisor, the Commission shall choose the representative from thenominees proposed by the cities.

3. The governing bodies of any counties located withinthe boundaries of the district shall appoint a representative to represent themas a supervisor on the governing board of the district.

4. If the counties cannot agree on one representativeto serve as a supervisor, the Commission shall choose the representative fromthe nominees proposed by the several counties.

5. Each representative of a city or county shalldesignate an alternate to replace him in his absence from meetings of thesupervisors of the district. The representative shall send a written notice tothe authority which appointed him containing the name and address of the personso designated. The notice must be sent in such a manner that it will bereceived before the date of the meeting which the alternate is to attend. Analternate has all of the duties, rights and privileges of the replaced representative.

(Added to NRS by 1973, 738; A 1987, 131)

NRS 548.285 Procedurefor election of supervisors.

1. The county clerk of the county in which aconservation district is situated, or his designee, shall conduct a biennialnonpartisan election for the replacement of any supervisors whose terms areabout to expire and shall pay all costs of that election from county funds.

2. The election must be held either at a mass meetingof electors, held in a centrally located public meeting place within thedistrict, or as part of the general election.

3. If a mass meeting is held for the election, it mustbe held on one of the first 10 days of November in each even-numbered year.

4. If the election is held at a mass meeting:

(a) The chairman of the district supervisors shallpreside at this meeting and the secretary of the district shall keep a recordof transactions at the meeting.

(b) Nominations of candidates must be made verballyfrom the floor.

(c) Voting must be by secret ballot. The chairman ofthe district supervisors shall appoint three electors present to act, withoutpay, as judges and tellers to count the votes at the conclusion of voting.

5. If the election is held as part of the generalelection:

(a) Candidates are bound by the election laws governingcounty elections.

(b) Ballots must be provided bearing the names ofcandidates in alphabetical order by surnames with a square before each name anda direction to insert an X mark in the square before the name or names of thevoters choice.

(c) At the close of polling, the sealed ballot boxes mustbe delivered unopened to the county clerk or his designee, who shall appointthree electors to act, without pay, as judges and tellers to open the boxes andcount the votes.

6. The result of the election must be certified to theCommission and to the Administrative Officer of the Division by the countyclerk or his designee, within 1 week following the date of election.

7. If a conservation district embodies land lying inmore than one county, the county clerks of the respective counties shall conferand delegate to the clerk of the county having the greatest number of qualifiedelectors of the conservation district the duty of carrying out the provisionsof this section and shall reimburse that county on a pro rata basis for theirrespective counties shares of the expenses of conducting the election.

[Part 7:212:1937; A 1945, 28; 1947, 431; 1951,190](NRS A 1957, 235; 1973, 751; 1975, 904; 1985, 781)

NRS 548.290 Termsof office.

1. Each supervisor who is appointed under theprovisions of NRS 548.283 shall servefor a term of 2 years.

2. Elected supervisors shall take office on the 1st Mondayin January following their election.

[Part 7:212:1937; A 1945, 28; 1947, 431; 1951,190](NRS A 1973, 753; 1975, 905)

NRS 548.295 Vacancyin office.

1. A vacancy in the office of supervisor of a districtmust be filled for the unexpired term as soon as practicable after the officebecomes vacant, by appointment by the remaining supervisors of the district.

2. The chairman of the governing body of a districtshall certify all such appointments immediately to the Commission and to theAdministrative Officer of the Division.

[Part 7:212:1937; A 1945, 28; 1947, 431; 1951,190](NRS A 1973, 753; 1985, 782; 2001, 288)

NRS 548.300 Removalfrom office. A supervisor may be removed bythe State Conservation Commission, upon notice and hearing, for malfeasance inoffice, neglect of duty or absence from four consecutive meetings withoutsufficient cause.

[Part 7:212:1937; A 1945, 28; 1947, 431; 1951,190](NRS A 1973, 753; 1987, 131)

NRS 548.305 Quorum. A majority of the supervisors constitutes a quorum, andexcept as otherwise provided in NRS241.0355, the concurrence of a majority of the quorum in any matter withintheir duties is required for their determination.

[Part 7:212:1937; A 1945, 28; 1947, 431; 1951,190](NRS A 1973, 753; 2001,1129)

NRS 548.310 Compensationand expenses. A supervisor shall receive nocompensation for his services, but he shall be entitled to expenses, includingtraveling expenses, necessarily incurred in the discharge of his duties, not toexceed amounts provided by law for county officials.

[Part 7:212:1937; A 1945, 28; 1947, 431; 1951,190](NRS A 1973, 753)

NRS 548.315 Chairman,secretary and other employees: Designation and employment; delegation of powersand duties; surety bonds.

1. The supervisors shall designate a chairman and may,from time to time, change such designation.

2. The supervisors may employ a secretary, technicalexperts, and such other officers, agents and employees, permanent andtemporary, as they may require, and shall determine their qualifications,duties and compensation.

3. The supervisors may delegate to their chairman, toone or more supervisors, or to one or more agents or employees such powers andduties as they may deem proper.

4. The supervisors may provide for the execution ofsurety bonds for all employees and officers who shall be entrusted with fundsor property.

[Part 7:212:1937; A 1945, 28; 1947, 431; 1951,190](NRS A 1973, 754)

NRS 548.320 Records;annual audit of accounts. The supervisorsshall:

1. Provide for the keeping of a full and accuraterecord of all proceedings and of all resolutions, regulations and orders issuedor adopted.

2. Provide for an annual audit of the accounts ofreceipts and disbursements.

[Part 7:212:1937; A 1945, 28; 1947, 431; 1951, 190]

NRS 548.325 Districtattorneys to provide legal services. Districtattorneys shall provide such legal services as the supervisors may require.

[Part 7:212:1937; A 1945, 28; 1947, 431; 1951,190](NRS A 1973, 754)

NRS 548.330 Supervisorsto furnish Commission information. The supervisorsshall furnish to the State Conservation Commission, upon request:

1. Copies of such ordinances, rules, regulations,orders, contracts, forms and other documents as they shall adopt or employ; and

2. Such other information concerning their activitiesas the Commission may require in the performance of its duties under thischapter.

[Part 7:212:1937; A 1945, 28; 1947, 431; 1951,190](NRS A 1973, 754)

NRS 548.335 Cityor county representatives may advise and consult with supervisors. The supervisors may invite the legislative body of anymunicipality or county located near the territory comprising the district todesignate a representative to advise and consult with the supervisors of thedistrict on all questions of program and policy which may affect the property,water supply or other interests of such municipality or county.

[Part 7:212:1937; A 1945, 28; 1947, 431; 1951, 190]

Powers of Districts and Supervisors

NRS 548.340 Conservationdistrict is governmental subdivision; exercise of public powers. A conservation district organized under the provisions ofthis chapter shall constitute a governmental subdivision of this State and apublic body corporate and politic, exercising public powers.

[Part 8:212:1937; 1931 NCL 6870.08](NRS A 1973,754)

NRS 548.345 Surveys,investigations and research. In addition toother powers granted in this chapter, a district and the supervisors thereofshall have the power to conduct surveys, investigations and research relatingto the conservation of renewable natural resources and the preventive andcontrol measures needed, to publish the results of such surveys, investigationsor research, and to disseminate information concerning such preventive andcontrol measures; but in order to avoid duplication of research activities, nodistrict shall initiate any research program except in cooperation with thegovernment of this State or any of its agencies, or with the United States orany of its agencies.

[Part 8:212:1937; 1931 NCL 6870.08](NRS A 1973,754)

NRS 548.350 Demonstrationalprojects. In addition to other powers grantedin this chapter, a district and the supervisors thereof shall have the power toconduct demonstrational projects within the district on lands owned orcontrolled by this State or any of its agencies, with the cooperation of theagency administering and having jurisdiction thereof, and on any other landswithin the district, upon obtaining the consent of the occupier of such landsor the necessary rights or interests in such lands, in order to demonstrate byexample the means, methods and measures by which renewable natural resourcesmay be conserved.

[Part 8:212:1937; 1931 NCL 6870.08](NRS A 1973,754)

NRS 548.355 Preventiveand control measures; repair and restoration of property. In addition to other powers granted in this chapter, adistrict and the supervisors thereof may:

1. Carry out preventive and control measures withinthe district, including, but not limited to, engineering operations, methods ofcultivation, the growing of vegetation and changes in the use of land; and

2. Repair and restore property within the district,including, but not limited to, wetlands, stream corridors and other riparianproperty,

on landowned or controlled by any government or municipal corporation, with thecooperation of the agency administering and having jurisdiction thereof, and onany other land within the district, upon obtaining the consent of all personsholding any relevant rights or interests in such land.

[Part 8:212:1937; 1931 NCL 6870.08](NRS A 1973,755; 2001, 288)

NRS 548.360 Cooperationand agreements with agencies for conserving renewable natural resources. In addition to other powers granted in this chapter, adistrict and the supervisors thereof may cooperate or enter into agreementswith and, within the limits of appropriations made available to it by law andany money it acquires from any other source, furnish financial or other aid toany governmental or other agency, or any occupier of land within the district,in conserving renewable natural resources within the district, subject to suchconditions as the supervisors may deem necessary to advance the purposes ofthis chapter.

[Part 8:212:1937; 1931 NCL 6870.08](NRS A 1973,755; 2001, 288)

NRS 548.365 Availabilityof agricultural and engineering machinery, fertilizer and seeds. In addition to other powers granted in this chapter, adistrict and the supervisors thereof shall have the power to make available, onsuch terms as it shall prescribe, to land occupiers within the district,agricultural and engineering machinery and equipment, fertilizer, seeds andseedlings, and such other material or equipment as will assist such landoccupiers in carrying on operations upon their lands for the conservation ofrenewable natural resources.

[Part 8:212:1937; 1931 NCL 6870.08](NRS A 1973,755)

NRS 548.370 Construction,operation and maintenance of facilities and structures. In addition to other powers granted in this chapter, adistrict and the supervisors thereof shall have the power to construct,operate, improve and maintain such facilities and structures as may benecessary or convenient for the performance of any of the operations authorizedin this chapter.

[Part 8:212:1937; 1931 NCL 6870.08](NRS A 1973,755)

NRS 548.375 Comprehensiveplans for conservation. In addition to otherpowers granted in this chapter, a district and the supervisors thereof shall havethe power:

1. To develop comprehensive plans for the conservationof renewable natural resources within the district, which plans shall specifyin such detail as may be possible the acts, procedures, performances, andavoidances which are necessary or desirable for the effectuation of such plans,including the specification of engineering operations, methods of cultivation,the growing of vegetation, cropping programs, tillage practices, and changes inthe use of land; and

2. To publish such plans and information and bringthem to the attention of occupiers of lands within the district.

[Part 8:212:1937; 1931 NCL 6870.08](NRS A 1973,755)

NRS 548.380 Administrationof projects; acceptance of gifts; participation in cost-sharing on federallyfinanced projects. In addition to other powersgranted in this chapter, a district and the supervisors thereof may:

1. Manage or administer any project for theconservation of a renewable natural resource located within its boundariesundertaken by any person, municipal corporation or government.

2. Act as an agent of any person, municipalcorporation or government in connection with the acquisition, construction,operation or administration of any project for the conservation of a renewablenatural resource within its boundaries.

3. Accept donations, gifts and contributions in money,services, materials or any other form from any source, and use or expend suchmoney, services, materials or other contributions in carrying on itsoperations.

4. Participate in cost-sharing on federally financedprojects.

[Part 8:212:1937; 1931 NCL 6870.08](NRS A 1973,756; 2001, 289)

NRS 548.385 Seal;perpetual succession; rules and regulations. Inaddition to other powers granted in this chapter, a district and thesupervisors thereof shall have the power:

1. To sue and be sued in the name of the district.

2. To have a seal, which seal shall be judiciallynoticed.

3. To have perpetual succession, unless terminated asprovided in this chapter.

4. To make and execute contracts and other instrumentsnecessary or convenient to the exercise of its powers.

5. To make, and from time to time amend and repeal,rules and regulations not inconsistent with this chapter, to carry into effectits purposes and powers.

[Part 8:212:1937; 1931 NCL 6870.08]

NRS 548.390 Conditionsfor extension of benefits to lands not controlled by State or its agencies. As a condition to the extending of any benefits under thischapter to, or the performance of work upon, any lands not owned or controlledby this State or any of its agencies, the supervisors may require contributionsin money, services, materials or otherwise to any operations conferring suchbenefits, and may require land occupiers to enter into and perform suchagreements or covenants as to the permanent use of such lands as will tend toprevent or control erosion thereon.

[Part 8:212:1937; 1931 NCL 6870.08]

NRS 548.393 Acquisitionand disposition of property: Power to acquire, maintain and improve property;use of income received therefrom; disposal. Inaddition to other powers granted in this chapter, a district and thesupervisors thereof may, in furtherance of the purposes and provisions of thischapter:

1. Obtain options upon and acquire, by purchase,exchange, lease, gift, grant, bequest, devise or otherwise, except by adversepossession, any property, real or personal, or rights or interests therein;

2. Maintain, administer and improve any propertiesacquired;

3. Receive income from such properties and expend thatincome; and

4. Sell, lease or otherwise dispose of any of itsproperty or interests therein.

(Added to NRS by 2003, 1682)

NRS 548.395 Acquisitionand disposition of property: Applicability of other laws. No provisions with respect to the acquisition, operationor disposition of property by other public bodies shall be applicable to adistrict organized under this chapter unless the Legislature shall specificallyso state.

[Part 8:212:1937; 1931 NCL 6870.08]

NRS 548.397 Acquisitionand disposition of property: Payments in lieu of taxes; amount; collection.

1. If a district acquires real property on or afterJuly 1, 2003, which is not exempt from property taxes at the time it isacquired by the district, the board of county commissioners of the county inwhich the property is located shall determine whether the district is requiredto make payments in lieu of taxes on the property.

2. In determining whether to require the district tomake payments in lieu of taxes, the board shall consider the contributions madeby the district to the community, such as providing a meeting place forcommunity activities and such other factors as the board determinesappropriate.

3. If the district is required to make payments inlieu of taxes, the amount of the payments must be equal to the property taxeswhich would have been payable on the property if it were not exempt fromtaxation. The county assessor of the county in which the property is locatedshall, solely for the purpose of facilitating the payments in lieu of taxes,assess the property in the same manner as the taxable property in the county isassessed. The ex officio tax receiver of that county shall mail to the districtan individual bill for the payment in lieu of taxes in the same manner as isrequired by NRS 361.480 for anindividual tax bill.

4. The payments in lieu of taxes are due at the sametime and must be collected, accounted for and distributed in the same manner asif the property remained taxable after it was acquired by the district, exceptthat no lien attaches upon any property or money of the district by virtue ofany failure to make all or any part of the payments.

(Added to NRS by 2003, 1683)

NRS 548.400 Cooperationbetween districts.

1. The supervisors of any two or more districtsorganized under the provisions of this chapter may cooperate with and enterinto agreements with one another in the exercise of any or all powers conferredin this chapter.

2. Any district may enter into such agreements with adistrict or districts in adjoining states to carry out such purposes if the lawin the other states permits the districts in the states to enter into theagreements.

[13:212:1937; 1931 NCL 6870.13](NRS A 1973, 756)

NRS 548.405 Cooperationof state agencies and political subdivisions; applicability of regulations foruse of land to publicly owned land.

1. Agencies of this State which shall havejurisdiction over, or be charged with the administration of, any state-ownedlands, and agencies of any county or other governmental subdivision of theState which shall have jurisdiction over, or be charged with the administrationof, any county-owned or other publicly owned lands, lying within the boundariesof any district organized under this chapter, shall cooperate to the fullestextent with the supervisors of such districts in the effectuation of programsand operations undertaken by the supervisors under the provisions of thischapter.

2. The supervisors of such districts shall be givenfree access to enter and perform work upon such publicly owned lands.

3. The provisions of land use regulations adoptedpursuant to NRS 548.410 to 548.435, inclusive, shall have the forceand effect of law over all such publicly owned lands, and shall be in allrespects observed by the agencies administering such lands.

[14:212:1937; 1931 NCL 6870.14]

Regulations for Use of Land; Board of Adjustment

NRS 548.410 Petition;formulation; hearings; determination of whether referendum to be held.

1. The supervisors of any district may file petitionswith the State Conservation Commission at any time to request it to formulateland use regulations applicable to the district.

2. The Commission shall prescribe the form of thepetition, which shall be, as nearly as practicable, in the form prescribed inthis chapter for petitions to organize a district.

3. The State Conservation Commission shall haveauthority to formulate regulations, based upon the petition, governing the useof lands within a district in the interest of conserving renewable naturalresources and preventing and controlling soil erosion and sedimentation.

4. The Commission shall conduct, after due notice,public meetings and public hearings within the district or districts concernedupon such regulations as it deems necessary to assist it in considerationthereof.

5. The Commission shall determine, on the basis ofinformation presented in the petition or brought out in public hearings, and onthe basis of the number of petitioners in relation to the total number ofoccupiers of land lying within the district, whether it can render a reasonabledetermination of approval or denial of the petition without holding areferendum, or whether a referendum shall be held.

[Part 9:212:1937; 1931 NCL 6870.09](NRS A 1973,756)

NRS 548.415 Proposedordinance; notices of referendum; form of question; informalities not toinvalidate referendum. If a referendum is tobe held:

1. The proposed regulations shall be embodied in aproposed ordinance.

2. Copies of such proposed ordinance shall beavailable for the inspection of all eligible voters during the period betweenpublication of such notice and the date of the referendum.

3. The notices of the referendum shall recite thecontents of such proposed ordinance, or shall state where copies of suchproposed ordinance can be examined.

4. The question shall be submitted by ballots, uponwhich the words For approval of proposed ordinance No. ........, prescribingland use regulations for conservation of soil and prevention of erosion andAgainst approval of proposed ordinance No. ........, prescribing land useregulations for conservation of soil and prevention of erosion shall beprinted, with a square before each proposition and a direction to insert an Xmark in the square before one or the other of the propositions as the voter mayfavor or oppose approval of such proposed ordinance.

5. The Commission shall supervise such referendum,shall prescribe appropriate regulations governing the conduct thereof, andshall publish the result thereof.

6. All persons determined by the county clerk orclerks to be registered voters residing within the district are eligible tovote in such referendum.

7. No informalities in the conduct of such referendumor in any matters relating thereto invalidate the referendum or the resultthereof if notice thereof was given substantially as provided in this chapterand the referendum was fairly conducted.

[Part 9:212:1937; 1931 NCL 6870.09](NRS A 1973,757; 1975, 905)

NRS 548.420 Approvalof proposed ordinance; effect of regulations.

1. The Commission shall not have authority to enactsuch proposed ordinance into law unless at least a majority of the votes castin such referendum shall have been cast for approval of the proposed ordinance.

2. The approval of the proposed ordinance by amajority of the votes cast in such referendum shall not be deemed to requirethe Commission to enact such proposed ordinance into law.

3. Land use regulations prescribed in ordinancesadopted pursuant to the provisions of NRS548.410 to 548.435, inclusive, bythe Commission shall have the force and effect of law in the conservationdistrict and shall be binding and obligatory upon all occupiers of lands withinsuch district.

[Part 9:212:1937; 1931 NCL 6870.09](NRS A 1973,758)

NRS 548.425 Procedurefor amendment or repeal of regulations.

1. Any occupier of land within such district may atany time file a petition with the Commission asking that any or all of the landuse regulations prescribed in any ordinance adopted by the Commission under theprovisions of NRS 548.410 to 548.435, inclusive, shall be amended,supplemented or repealed.

2. Land use regulations prescribed in any ordinanceadopted pursuant to the provisions of NRS548.410 to 548.435, inclusive, shallnot be amended, supplemented or repealed except in accordance with theprocedure prescribed in NRS 548.410 to 548.435, inclusive, for adoption of landuse regulations.

3. Referenda on adoption, amendment, supplementationor repeal of land use regulations shall not be held more often than once in 6months.

[Part 9:212:1937; 1931 NCL 6870.09](NRS A 1973,758)

NRS 548.430 Permissibleprovisions. The regulations to be adopted bythe Commission under the provisions of NRS548.410 to 548.435, inclusive, may include:

1. Provisions requiring the carrying out of necessaryengineering operations, including the construction of terraces, terrace outlets,check dikes, dams, ponds, ditches and other necessary structures.

2. Provisions requiring observance of particularmethods of cultivation, including contour cultivating, contour furrowing,lister furrowing, sowing, planting, strip cropping, seeding, and planting oflands to water-conserving and erosion-preventing plants, trees and grasses,forestation, and reforestation.

3. Specifications of cropping programs and tillagepractices to be observed.

4. Provisions requiring the retirement from cultivationof highly erosive areas or of areas on which erosion may not be adequatelycontrolled if cultivation is carried on.

5. Provisions for such other means, measures,operations, and programs as may assist conservation of renewable naturalresources and prevent or control soil erosion and sedimentation in theconservation district, having due regard to the legislative findings set forthin NRS 548.095 to 548.110, inclusive.

[Part 9:212:1937; 1931 NCL 6870.09](NRS A 1973,758)

NRS 548.435 Uniformityof regulations; availability to occupiers of lands within district.

1. The regulations shall be uniform throughout theterritory comprising the land use district, except that the Commission mayclassify the lands within the district with reference to such factors as soiltype, degree of slope, degree of erosion threatened or existing, cropping andtillage practices in use, and other relevant factors, and may provideregulations varying with the type or class of land affected, but uniform as toall lands within each class or type.

2. Copies of land use regulations adopted under theprovisions of NRS 548.410 to 548.435, inclusive, shall be printed andmade available to all occupiers of lands lying within the district.

[Part 9:212:1937; 1931 NCL 6870.09](NRS A 1973,758)

NRS 548.440 Enforcementof regulations; damages.

1. The Commission or supervisors shall have authorityto go upon any lands within the land use district to determine whether land useregulations adopted under the provisions of NRS548.410 to 548.435, inclusive, arebeing observed.

2. The Commission is authorized to provide byordinance that any land occupier who shall sustain damages from any violationof such regulations by any other land occupier may recover damages at law fromsuch other land occupier for such violation.

[10:212:1937; 1931 NCL 6870.10](NRS A 1967, 611;1973, 759)

NRS 548.445 Petitionto district court to require observance.

1. Where the Commission shall find that any of theprovisions of land use regulations prescribed in an ordinance adopted inaccordance with the provisions of NRS548.410 to 548.435, inclusive, arenot being observed on particular lands, and that such nonobservance tends toincrease erosion on other lands and is interfering with the prevention orcontrol of erosion on other lands within a land use district, the Commissionmay present to the district court having jurisdiction a petition, duly verified:

(a) Setting forth the adoption of the ordinanceprescribing land use regulations, the failure of the defendant land occupier toobserve such regulations, and to perform particular work, operations oravoidances as required thereby, and that such nonobservance tends to increaseerosion on such lands and is interfering with the prevention or control oferosion on other lands within the land use district; and

(b) Praying the court to require the defendant toperform the work, operations or avoidances within a reasonable time and toorder that, if the defendant shall fail so to perform, the Commission may go onthe land, perform the work or other operations or otherwise bring the conditionof such lands into conformity with the requirements of such regulations, andrecover the costs and expenses thereof, with interest, from the occupier ofsuch land.

2. In all cases where the person, in possession oflands, who shall fail to perform such work, operations or avoidances shall notbe the owner, the owner of such lands shall be joined as a party defendant.

[Part 11:212:1937; 1931 NCL 6870.11](NRS A 1973,759)

NRS 548.450 Serviceof process; appointment of master; hearing; order of court.

1. Upon the presentation of the petition, the courtshall cause process to be issued against the defendant, and shall hear thecase.

2. If it shall appear to the court that testimony isnecessary for the proper disposition of the matter, the court may take evidenceor appoint a master to take such evidence as it may direct and report the sameto the court with his findings of fact and conclusions of law, which shallconstitute a part of the proceedings upon which the determination of the courtshall be made.

3. The court may dismiss the petition; or it mayrequire the defendant to perform the work, operations or avoidances, and mayprovide that upon the failure of the defendant to initiate such performancewithin the time specified in the order of the court, and to prosecute the sameto completion with reasonable diligence, the Commission may enter upon thelands involved and perform the work or operations or otherwise bring thecondition of such lands into conformity with the requirements of theregulations and recover the costs and expenses thereof, with interest at therate of 5 percent per annum, from the occupier of such lands.

[Part 11:212:1937; 1931 NCL 6870.11](NRS A 1973,759)

NRS 548.455 Courtto retain jurisdiction until work completed; entry of judgment for costs andexpenses; judgment as lien.

1. The court shall retain jurisdiction of the caseuntil after the work has been completed.

2. Upon completion of such work pursuant to such orderof the court, the Commission may file a petition with the court, a copy ofwhich shall be served upon the defendant in the case, stating the costs andexpenses sustained by them in the performance of the work and praying judgmenttherefor with interest.

3. The court shall have jurisdiction to enter judgmentfor the amount of such costs and expenses, with interest at the rate of 5percent per annum until paid, together with the costs of suit, including areasonable attorneys fee to be fixed by the court.

4. The Commission shall have further authority tocertify to the county recorder of the county or counties in which any of thelands of the land use district are situated the amount of such judgment, whichshall be a lien upon such lands, and shall be collected as general taxes uponreal property are collected. The procedure for collection of delinquent generaltaxes upon real property shall be applicable to the collection of suchjudgments. When such judgment shall be paid or collected, the proceeds shall bepaid over to the commission.

[Part 11:212:1937; 1931 NCL 6870.11](NRS A 1973,760)

NRS 548.460 Boardof adjustment: Establishment. Where the Commissionshall adopt an ordinance prescribing land use regulations in accordance withthe provisions of NRS 548.410 to 548.435, inclusive, they shall further provideby ordinance for the establishment of a board of adjustment.

[Part 12:212:1937; 1931 NCL 6870.12](NRS A 1973,760)

NRS 548.465 Boardof adjustment: Number, appointment and terms of members.

1. The board of adjustment shall consist of three membersappointed by the State Conservation Commission, with the advice and approval ofthe supervisors of the district or districts for which the board has beenestablished.

2. Each member shall be appointed for a term of 3years, except that the members first appointed shall be appointed for terms of1, 2 and 3 years, respectively.

3. Members of the State Conservation Commission andthe supervisors of the district or districts shall be ineligible to appointmentas members of the board of adjustment during their tenure of such other office.

[Part 12:212:1937; 1931 NCL 6870.12](NRS A 1973,760)

NRS 548.470 Boardof adjustment: Vacancies. Vacancies in theboard of adjustment shall be filled in the same manner as originalappointments, and shall be for the unexpired term of the member whose officebecomes vacant.

[Part 12:212:1937; 1931 NCL 6870.12]

NRS 548.475 Boardof adjustment: Removal of member. A member ofthe board of adjustment shall be removed from office, upon notice and hearing,for neglect of duty or malfeasance in office, but for no other reason. Thehearing shall be conducted jointly by the State Conservation Commission and thesupervisors of the district or districts.

[Part 12:212:1937; 1931 NCL 6870.12](NRS A 1973,761)

NRS 548.480 Boardof adjustment: Compensation of members and employees.

1. The members of the board of adjustment are entitledto receive a salary of not more than $80 per day, as fixed by the board, fortime spent on the work of the board of adjustment.

2. While engaged in the business of the board, eachmember and employee of the board is entitled to receive the per diem allowanceand travel expenses provided for state officers and employees generally.

[Part 12:212:1937; 1931 NCL 6870.12](NRS A 1973, 761;1989, 1719)

NRS 548.485 Boardof adjustment: Chairman.

1. The board of adjustment shall designate a chairmanfrom among its members, and may, from time to time, change such designation.

2. The chairman or, in his absence, such other memberof the board as he may designate to serve as acting chairman may administeroaths and compel the attendance of witnesses.

[Part 12:212:1937; 1931 NCL 6870.12]

NRS 548.490 Boardof adjustment: Meetings; quorum.

1. Meetings of the board of adjustment shall be heldat the call of the chairman and at such other times as the board may determine.All meetings of the board shall be open to the public.

2. Any two members of the board shall constitute aquorum.

[Part 12:212:1937; 1931 NCL 6870.12]

NRS 548.495 Boardof adjustment: Rules; records.

1. The board of adjustment shall adopt rules to governits procedures, which rules shall be in accordance with the provisions of thischapter and with the provisions of any ordinance adopted pursuant to NRS 548.460.

2. The board shall keep a full and accurate record ofall proceedings, of all documents filed with it, and of all orders entered,which shall be filed in the office of the board and shall be a public record.

[Part 12:212:1937; 1931 NCL 6870.12]

NRS 548.500 Boardof adjustment: Commission to pay expenses. TheCommission shall pay the necessary administrative and other expenses ofoperation incurred by the board of adjustment, upon the certificate of thechairman of the board.

[Part 12:212:1937; 1931 NCL 6870.12](NRS A 1973,761)

NRS 548.505 Petitionfor variance: Notice; hearing; determination of board; order.

1. Any land occupier may file a petition with theboard of adjustment alleging that there are great practical difficulties orunnecessary hardship in the way of his carrying out upon his lands the strictletter of the land use regulations prescribed by ordinance approved by theCommission, and praying the board of adjustment to authorize a variance fromthe terms of the land use regulations in the application of such regulations tothe lands occupied by the petitioner.

2. Copies of such petition shall be served by thepetitioner upon the Chairman of the State Conservation Commission.

3. The board of adjustment shall fix a time for thehearing of the petition and cause due notice of such hearing to be given.

4. The supervisors of the district or districts andthe State Conservation Commission shall have the right to appear and be heardat the hearing.

5. Any occupier of lands lying within the district whoshall object to the authorizing of the variance prayed for may intervene andbecome a party to the proceedings. Any party to the hearing before the board ofadjustment may appear in person, by agent or by attorney.

6. If, upon the facts presented at the hearing, theboard of adjustment shall determine that there are great practical difficultiesor unnecessary hardship in the way of applying the strict letter of any of theland use regulations upon the lands of the petitioner, the board shall make andrecord such determination and shall make and record findings of fact as to thespecific conditions which establish such great practical difficulties orunnecessary hardship.

7. Upon the basis of such findings and determination,the board shall have power by order to authorize such variance from the termsof the land use regulations, in their application to the lands of thepetitioner, as will relieve such great practical difficulties or unnecessaryhardship and will not be contrary to the public interest, and so that thespirit of the land use regulations shall be observed, the public health, safetyand welfare secured, and substantial justice done.

[Part 12:212:1937; 1931 NCL 6870.12](NRS A 1973,761)

NRS 548.510 Procedurefor review of order of board of adjustment by district court.

1. Any petitioner aggrieved by an order of the boardof adjustment granting or denying, in whole or in part, the relief sought, the supervisorsof the district or districts, the Commission or any intervening party mayobtain a review of such order in district court, by filing in such court apetition praying that the order of the board of adjustment be modified or setaside.

2. A copy of such petition shall forthwith be servedupon the parties to the hearing before the board of adjustment, and thereuponthe party seeking review shall file in the court a transcript of the entirerecord in the proceedings, certified by the board of adjustment, including thedocuments and testimony upon which the order complained of was entered, and thefindings, determination and order of the board of adjustment.

3. Upon such filing, the court shall cause noticethereof to be served upon the parties and shall have jurisdiction of theproceedings and of the questions determined or to be determined therein, andshall have power to grant such temporary relief as it deems just and proper,and to make and enter a decree enforcing, modifying and enforcing as somodified, or setting aside, in whole or in part, the order of the board ofadjustment.

4. No contention that has not been urged before theboard of adjustment shall be considered by the court unless the failure orneglect to urge such contention shall be excused because of extraordinarycircumstances.

5. The findings of the board of adjustment as to thefacts, if supported by evidence, shall be conclusive.

6. If any party shall apply to the court for leave toproduce additional evidence and shall show to the satisfaction of the courtthat such evidence is material and that there were reasonable grounds for thefailure to produce such evidence in the hearing before the board of adjustment,the court may order such additional evidence to be taken before the board ofadjustment and to be made a part of the transcript. The board of adjustment maymodify its findings as to the facts or make new findings, taking intoconsideration the additional evidence so taken and filed, and the board ofadjustment shall file such modified or new findings, which, if supported byevidence, shall be conclusive, and shall file with the court itsrecommendations, if any, for the modification or setting aside of its originalorder.

7. The jurisdiction of the court shall be exclusiveand its judgment and decree shall be final, except that the same shall besubject to review in the same manner as are other judgments or decrees of thecourt.

[Part 12:212:1937; 1931 NCL 6870.12](NRS A 1973,762)

Inclusion and Exclusion of Lands

NRS 548.515 Procedurefor inclusion of land.

1. Petitions for including additional territory withinan existing district shall be filed with the State Conservation Commission.

2. The proceedings provided for in this chapter in thecase of petitions to organize a district shall be observed in the case ofpetitions for inclusion, except that the application for a certificate ofinclusion shall be signed by the chairman and the secretary of the governingbody of the district into which the additional territory is to be included.

3. The State Conservation Commission shall prescribethe form for the petitions, which shall be, as nearly as practicable, in theform prescribed in this chapter for petitions to organize a district.

4. Where the total number of land occupiers in thearea proposed for inclusion shall be less than 25, the petition may be filedwhen signed by a majority of the occupiers of such area, and in such case noreferendum need be held.

5. In referenda upon petitions for inclusion, alloccupiers of land lying within the proposed additional area shall be eligibleto vote.

6. The Commission shall determine whether or not suchinclusion shall be made.

[Part 5:212:1937; A 1947, 431; 1951, 190](NRS A1973, 763)

NRS 548.520 Procedurefor exclusion of land.

1. Petitions to withdraw lands from a district may befiled with the State Conservation Commission at any time.

2. The Commission shall prescribe the form of thepetition, which shall be, as nearly as practicable, in the form prescribed inthis chapter for petitions to organize a district.

3. Where the total number of land occupiers in thearea affected by a proposed withdrawal will be less than 25, the petition maybe filed when signed by a majority of the occupiers of such area, and in suchcase no referendum need be held.

4. In referenda upon petitions for withdrawal, alloccupiers of land lying within the area affected by the proposed change inboundary shall be eligible to vote.

5. The Commission shall determine whether or not suchwithdrawal shall be made.

[5.5:212:1937; added 1955, 154](NRS A 1960, 73;1973, 763)

Dissolution

NRS 548.525 Petitionfor discontinuance; determination of need for referendum.

1. At any time after 5 years after the organization ofa district under the provisions of this chapter, any 10 occupiers of land lyingwithin the boundaries of such district may file a petition with the StateConservation Commission praying that the operations of the district beterminated and the existence of the district be discontinued.

2. The Commission may conduct such public meetings andpublic hearings upon such petition as may be necessary to assist it in theconsideration thereof.

3. The Commission shall determine, on the basis ofinformation presented in the petition or brought out in public hearings and onthe basis of the number of petitioners in relation to the total number ofoccupiers of land lying within the district, whether it can render a reasonabledetermination of approval or denial of the petition without holding areferendum, or whether a referendum shall be held.

[Part 15:212:1937; 1931 NCL 6870.15](NRS A 1973,764)

NRS 548.530 Referendumon petition for discontinuance.

1. Within 60 days after a petition for discontinuancehas been received by the state conservation commission, it shall give duenotice of the holding of the referendum if one is to be held.

2. The Commission shall supervise the referendum andissue appropriate regulations governing the conduct thereof.

3. The question shall be submitted by ballots uponwhich the words For terminating the existence of the ................ (name ofthe conservation district to be here inserted) and Against terminating theexistence of the ............... (name of the conservation district to be hereinserted) shall be printed, with a square before each proposition and adirection to insert an X mark in the square before one or the other of thepropositions, as the voter may favor or oppose discontinuance of such district.

4. All persons determined by the county clerk orclerks to be registered voters residing within the district are eligible tovote in such referendum.

5. No informalities in the conduct of such referendumor in any matters relating thereto invalidate the referendum or the resultthereof if notice thereof was given substantially as provided in this chapterand the referendum was fairly conducted.

6. The Commission shall publish the result of thereferendum.

[Part 15:212:1937; 1931 NCL 6870.15](NRS A 1973,764; 1975, 906)

NRS 548.535 Discontinuanceof district on determination that continued operation is not administrativelypracticable or feasible.

1. The Commission shall consider the information andfacts presented in the petition and brought out in any public hearings that maybe held and the result of the referendum if one is held, and shall thereafterdetermine whether the continued operation of the district is administrativelypracticable and feasible.

2. If the Commission determines that the continuedoperation of such district is administratively practicable and feasible, theCommission shall record such determination and deny the petition. TheCommission shall not determine that the continued operation of the district isadministratively practicable and feasible unless the number of petitionerscomprises less than a majority of the registered voters in the district orunless at least a majority of the votes cast in the referendum were cast infavor of the continuance of such district.

3. If the Commission determines that the continuedoperation of the district is not administratively practicable and feasible, theCommission shall record such determination and shall certify such determinationto the supervisors of the district.

4. In making such determination the Commission shallgive due regard and weight to:

(a) The attitudes of the occupiers of lands lyingwithin the district.

(b) The number of eligible registered voters who votedin the referendum.

(c) The proportion of petitioners to the total numberof land occupiers in the district, and the proportion of the votes cast infavor of the discontinuance of the district to the total number of votes cast.

(d) The approximate wealth and income of the landoccupiers of the district.

(e) The probable expense of carrying on erosion-controloperations within such district.

(f) Such other economic and social factors as may berelevant to such determination, having due regard to the legislative findingsas set forth in NRS 548.095 to 548.110, inclusive.

[Part 15:212:1937; 1931 NCL 6870.15](NRS A 1973,764; 1975, 906)

NRS 548.540 Limitationon subsequent petitions for discontinuance of district. The State Conservation Commission shall not entertainpetitions for the discontinuance of any district, nor conduct referenda uponsuch petitions, nor make any determination pursuant to such petitions inaccordance with the provisions of this chapter, more often than once in 5years.

[Part 15:212:1937; 1931 NCL 6870.15](NRS A 1973,765)

NRS 548.545 Procedureon discontinuance of district; certificate of dissolution.

1. Upon receipt from the Commission of a certificationthat the Commission has determined that the continued operation of the districtis not administratively practicable and feasible, pursuant to the provisions ofNRS 548.535, the supervisors shallforthwith proceed to terminate the affairs of the district.

2. The supervisors shall dispose of all propertybelonging to the district at public auction and shall pay over the proceeds ofthe sale to the State Treasurer for deposit in the State Treasury.

3. The supervisors shall thereupon file an applicationwith the Administrative Officer of the Division for the discontinuance of thedistrict, and shall transmit with the application the certificate of theCommission setting forth the determination of the Commission that the continuedoperation of the district is not administratively practicable and feasible. Theapplication must recite that the property of the district has been disposed ofand the proceeds paid over as provided in this section, and must set forth afull accounting of those properties and proceeds of the sale.

4. The Administrative Officer of the Division shallissue to the supervisors a certificate of dissolution and shall record thecertificate in an appropriate book of records in his office.

[Part 15:212:1937; 1931 NCL 6870.15](NRS A 1973,765; 1985, 782)

NRS 548.550 Effectof certificate of dissolution.

1. Upon the issuance of a certificate of dissolutionunder the provisions of NRS 548.545, allordinances and regulations theretofore adopted and in force within suchdistrict shall be of no further force and effect.

2. All contracts theretofore entered into, to whichthe district or supervisors are parties, shall remain in force and effect forthe period provided in such contracts. The State Conservation Commission shallbe substituted for the district or supervisors as a party to such contracts.The Commission shall be entitled to all benefits and shall be subject to allliabilities under such contracts and shall have the same right and liability toperform, to require performance, to sue and be sued thereon, and to modify orterminate such contracts by mutual consent or otherwise, as the supervisors of thedistrict would have had.

3. Such dissolution shall not affect the lien of anyjudgment entered under the provisions of NRS548.455, nor the pendency of any action instituted under the provisions of NRS 548.445 and 548.450, and the Commission shall succeedto all the rights and obligations of the district or supervisors as to suchliens and actions.

[Part 15:212:1937; 1931 NCL 6870.15](NRS A 1973,766)

 

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