2005 Nevada Revised Statutes - Chapter 539 — Irrigation Districts
CHAPTER 539 - IRRIGATION DISTRICTS
GENERAL PROVISIONS
NRS 539.010 Shorttitle.
NRS 539.013 Definitions.
NRS 539.015 Publicationof notice.
NRS 539.017 Construction.
FORMATION
NRS 539.020 Petitionfor organization of district.
NRS 539.023 Inclusionof state lands in district; Governor may sign petition.
NRS 539.025 Contentsof petition.
NRS 539.027 Undertaking.
NRS 539.030 Petitionfiled in office of county clerk; publication of notice of time of meeting;newspaper in which publication to be made; contents of notice.
NRS 539.033 Presentationof petition to county commissioners; hearing.
NRS 539.035 Adjournmentof hearing.
NRS 539.037 Determinationas to land to be formed into district.
NRS 539.040 Informalitiesin petition to be disregarded; reason for refusal or dismissal of petition;mandamus.
NRS 539.043 Ordergranting or denying petition; order granting petition to establish boundariesand designate name.
NRS 539.045 Ordercalling election.
NRS 539.047 Noticeof election: Contents; publication.
NRS 539.050 Electionprecincts.
NRS 539.053 Conductof election; absent voters ballots.
NRS 539.055 Canvassof votes; order declaring territory formed as district under designated name;recording of order and plat.
NRS 539.057 Conclusivenessof record of county commissioners concerning proceedings.
NRS 539.060 Nameof district; change of name of certain districts.
INTERNAL ORGANIZATION
NRS 539.063 Officersof district.
NRS 539.065 Directors:Terms of office; qualifications.
NRS 539.067 Directors:Oaths; bonds.
NRS 539.070 Directors:Vacancies in office.
NRS 539.071 Expansionof number of directors authorized if federal reclamation project operated andproject authorized for additional purposes; procedure.
NRS 539.073 Organizationof board; election and appointment of officers.
NRS 539.075 Secretaryand treasurer: Appointment; bond.
NRS 539.077 Assistantsecretary: Appointment; duties.
NRS 539.080 Compensationand expenses of directors and other officers.
NRS 539.081 Interestin certain contracts prohibited; penalties.
NRS 539.083 Officeof board.
NRS 539.085 Regularmeetings: Time and place; notice of change of time; judicial day.
NRS 539.087 Specialmeetings: Calling by president or board; notice; business to be transacted.
NRS 539.090 Legalmeeting: Attendance of all members.
NRS 539.093 Meetingspublic.
NRS 539.095 Quorum;affirmative vote of majority required for certain questions.
NRS 539.097 Recordsopen to inspection.
NRS 539.103 Directornot to be employed by district as engineer, watermaster or manager.
ELECTIONS
Divisions and Precincts
NRS 539.105 Establishmentof precincts and polling places.
NRS 539.107 Procedurefor change of boundaries.
NRS 539.110 Procedurefor changing number of directors and divisions; election required.
NRS 539.113 Procedurefor election of directors.
General Elections
NRS 539.115 Whenregular elections of irrigation districts to be held.
NRS 539.117 Whenelection need not be held; declaration of election of candidates.
NRS 539.120 Declarationsof candidacy; filing fees.
NRS 539.123 Eligibilityto vote; number of votes elector may cast; certain persons and entitiesentitled to vote and exercise rights of electors; filing of designations orwritten consents.
NRS 539.125 Noticeof election: Contents; publication.
NRS 539.127 Registrationof electors required; reregistration.
NRS 539.130 Secretaryis ex officio district registrar; appointment of field registrars; duties.
NRS 539.133 Closeof registration: Time.
NRS 539.135 Oathof individual registrant.
NRS 539.137 Oathof registrants on behalf of entity that is not natural person.
NRS 539.140 Personswho may administer registration oath.
NRS 539.143 Designationof registered voters in pollbooks and lists of registered electors.
NRS 539.145 Appointmentof inspectors and clerks; designation of time and place of election.
NRS 539.147 Compensationof registrars and election officers.
NRS 539.150 Electionofficers: Oath; vacancies.
NRS 539.153 Applicabilityof general election laws.
NRS 539.155 Returnsdelivered to secretary; canvass by board of directors; declaration of result.
NRS 539.157 Declarationof candidates receiving highest number of votes; certificates of election.
Recall Elections
NRS 539.160 Directorssubject to recall from office.
NRS 539.163 Petitionfor recall: Contents; required signatures; filing.
NRS 539.165 Petitionfor recall: Use of copies; verification.
NRS 539.167 Petitionfor recall: Director must hold office 6 months.
NRS 539.170 Specialelection: Call; when held.
NRS 539.173 Vacancyfilled if director resigns; continuance in office if director does not resign.
NRS 539.175 Removalof signature from recall petition: Procedure.
NRS 539.177 Nominatingpetitions for successors; filing.
NRS 539.180 Recallballots: Reasons for recall and answer thereto; form of proposal; names ofnominees.
NRS 539.183 Resultof recall election: Successor elected or vacancy in office created.
NRS 539.185 Subsequentrecall proceedings barred during directors term unless previous electionexpenses paid by petitioners.
NRS 539.187 Applicabilityof general election laws to recall elections.
Miscellaneous Provisions
NRS 539.188 Specialelection may be held upon unanimous vote of board of directors.
NRS 539.189 Noticeof election for election for issuance of bonds or other securities: Contents.
POWERS AND PURPOSES
General
NRS 539.190 Generalpowers of board of directors.
NRS 539.193 Agentsand employees: Employment and appointment; duties; compensation.
NRS 539.195 Entryupon land to make surveys and locate works.
NRS 539.197 Contracts.
NRS 539.200 Contractsof indemnity and guaranty.
NRS 539.203 Boardof directors authorized to sue and to be sued.
NRS 539.205 Annualreport to State Engineer; recommendations of State Engineer.
Property
NRS 539.207 Acquisitionof property.
NRS 539.210 Useof proceeds of bonds for acquisition.
NRS 539.213 Leaseof lands for community pasture.
NRS 539.215 Investigationsand representations requisite to acquiring control over governmental lands.
NRS 539.217 Conveyanceor donation of lands acquired by district.
NRS 539.220 Constructionof works across watercourse, road, railway, conduit or other property;restoration of crossed property.
NRS 539.223 Rights-of-wayover state lands granted; duties of State Engineer and Director of StateDepartment of Conservation and Natural Resources.
NRS 539.225 Eminentdomain; rules of practice.
NRS 539.227 Vestedrights used in connection with mining or generation of power not to be affectedor taken.
Water
NRS 539.230 Appropriationand distribution; use by irrigation district declared public use; place of useof water.
NRS 539.233 Regulationsfor distribution and use of water; regulating and measuring devices;distribution of regulations.
NRS 539.234 Petitionfor State Engineer to prescribe or clarify rules and regulations relating todistribution and use of water within district.
NRS 539.235 Distributionof water by division or district for appropriate charge.
Electric Power
NRS 539.237 Authorityto generate, transmit, sell and acquire electric power.
NRS 539.240 Electionrequired for approval of certain contracts; notice; ballots; limitation;judicial determination of validity.
NRS 539.243 Electionrequired for approval of lease of power plant or transmission system owned orcontrolled by district.
Drainage
NRS 539.245 Authorityof board of directors to provide for drainage.
Bids
NRS 539.255 Awardof contract in case of emergency or necessity without advertising for bids.
NRS 539.260 Directionand satisfaction of district engineer; approval by board.
NRS 539.263 Contractnot to be let unless sufficient money in treasury or payable in districtsbonds.
NRS 539.265 Whenbids may be dispensed with; use of construction fund.
COOPERATION
General
NRS 539.267 Performanceof acts necessary to carry out enlarged powers.
Cooperation With United States and State of Nevada
NRS 539.270 Generalpowers.
NRS 539.273 Purposesof cooperation and contract.
NRS 539.275 Provisionsincludable in contract.
NRS 539.277 Bonds:Transfer to or deposit with United States; payment of interest and principal;rate of interest; call for repayment.
NRS 539.280 Paymentin installments; rate of interest; assessment and levy; lien.
NRS 539.283 Distributionand apportionment of water; refusal of service to delinquent land; assessmentto maintain existing works.
NRS 539.285 Rentor lease of water.
NRS 539.287 Dissolutionof district or change of boundaries: Consent of Secretary of Interior; excludedareas free from liens and charges.
NRS 539.290 Collectionof money or action as fiscal agent of United States: Acceptance of appointment;duties, liabilities and powers of district.
NRS 539.293 Additionalbonds of district officers: When required; inspection of district books byfederal agents.
NRS 539.295 Conveyanceof property to United States.
NRS 539.297 Authorizationof proposal to enter into contract.
NRS 539.300 Noticeof election: Contents.
NRS 539.303 Ballots:Form.
NRS 539.305 Validationproceedings.
NRS 539.307 Directorsrelieved of certain duties; adoption of surveys and plans made by United States.
NRS 539.310 Paymentsfrom revenue derived from annual assessments upon real property; propertyliable to assessment and levy.
NRS 539.313 Annuallevy or imposition of tolls or charges to meet payments.
NRS 539.315 Apportionmentof assessment in accordance with benefits; ascertainment of benefits.
NRS 539.317 Assessmentof federal public land.
NRS 539.320 Obligationof district in case of default of land.
NRS 539.323 Moneypaid to district treasury and held in United States Contract Fund; dispositionof surplus.
NRS 539.325 Contractsfor release of mortgages or liens; assumption by district of indebtedness dueUnited States; apportionment of benefits; collection and payment of taxes andassessments.
NRS 539.327 Exclusionof district division outside scope of contract.
NRS 539.330 Contractsof district divisions with United States.
Cooperation With Counties
NRS 539.333 Generalpower; purposes.
Cooperation With Other Districts
NRS 539.335 Authorityto enter into agreements with districts in adjoining states.
NRS 539.337 Writtencontracts or resolutions.
NRS 539.340 Recordationof contracts and resolutions.
NRS 539.343 Provisionsas to ownership of property.
NRS 539.345 Trialof disputes and enforcement of rights.
NRS 539.347 Meetingin adjoining state valid.
NRS 539.350 Diversionof water.
NRS 539.353 Holdingof property in this state or in adjoining state.
Privileges of Districts of Adjoining States
NRS 539.355 Foreignirrigation district authorized to acquire land by purchase or condemnation;conditions.
NRS 539.357 Useof land declared public use.
NRS 539.360 Provisionsapplicable if reciprocal rights granted.
DIVISIONS IN IRRIGATION DISTRICTS
Improvements
NRS 539.363 Powerof division to construct improvements.
NRS 539.365 Petitionto district directors: Contents; appointment of local board.
NRS 539.367 Localboard: Composition; terms of office; vacancies.
NRS 539.370 Compensationof local directors.
NRS 539.373 Powersof local board concerning improvements.
NRS 539.375 Boardof directors of district may incur debts and issue warrants; limitations;assessments.
NRS 539.377 Plansand estimates of local undertakings: Preparation; statement of source of money;statement of purposes.
NRS 539.380 Filingof plans and estimates or statement with district secretary; request forelection.
NRS 539.383 Noticeof election: Contents; publication.
NRS 539.385 Conductof election.
NRS 539.387 Termsof local directors terminate and local board dissolved if proposal fails.
NRS 539.390 Authorizationfor improvements at election; levy and collection of assessments.
NRS 539.393 Certificatesof indebtedness and notes: Signatures of officers of district; treated as bondsof district.
NRS 539.395 Apportionmentof benefits; method of levy and collection of assessments.
NRS 539.397 Validationproceedings.
NRS 539.400 Fullpayment of local undertakings; termination of terms of local directors;disposition of remaining money.
NRS 539.403 Localimprovements affecting two or more divisions: Applicability of
Cooperation and Contracts With United States
NRS 539.405 Petitionfor creation of local board.
NRS 539.407 Powersof local board.
NRS 539.410 Electionrequired for approval to enter contract and levy assessment.
NRS 539.413 Applicabilityof laws relating to contracts between districts and United States.
NRS 539.415 Validationproceedings.
NRS 539.417 Assumptionof operation and maintenance of existing works only; power of local board tolevy assessments and impose tolls and charges.
NRS 539.420 Construction,replacement or extension of works: Power of local board to levy assessments andimpose tolls and charges.
IMPROVEMENT DISTRICTS IN IRRIGATION DISTRICTS
General
NRS 539.423 Purposesfor which land may be formed into improvement district.
NRS 539.425 Proposalof formation: Recommendation of district engineer; petition of landowners;designation of area by directors.
NRS 539.427 Plansand estimates of cost of improvement; provision for payment of costs.
NRS 539.430 Submissionof proposed improvement, estimated cost and methods of financing to Departmentof Taxation.
NRS 539.433 Electionrequired after approval by Department of Taxation.
NRS 539.435 Formof question to be submitted to voters.
NRS 539.437 Conductof election.
NRS 539.440 Apportionmentof benefits.
NRS 539.443 Confirmationproceedings in district court: Procedure; notice.
NRS 539.445 Authorizationto carry out improvement.
NRS 539.447 Sale of securities; deposit of proceeds in improvement district fund.
NRS 539.450 Securities:Execution by district officers; lien upon issuance of bonds.
NRS 539.453 Levyand collection of annual assessments for payment of interest and redemption ofsecurities.
NRS 539.455 Paymentof assessments before issuance of securities.
NRS 539.457 Powersof directors and officers of district.
NRS 539.460 Applicabilityof chapter to improvement districts.
Funding and Refunding Bonds
NRS 539.463 Issuance;conditions.
NRS 539.465 Electionrequired to authorize issuance; conduct of election; maturity of and intereston bonds.
NRS 539.467 Confirmationof proceedings by district court.
NRS 539.470 Apportionmentof benefits; levy of annual assessments for interest and redemption of bonds.
NRS 539.473 Certificationof bonds by State Controller.
NRS 539.475 Sale and exchange of bonds.
FINANCIAL ORGANIZATION
General Financial Provisions
NRS 539.477 Debtor liability in excess of express provisions void; incurrence forbidden.
NRS 539.480 Limitationon indebtedness; issuance of warrants or negotiable notes; levy and collectionof assessments.
NRS 539.483 Monthlyfinancial reports of district treasurer; verification and filing.
NRS 539.485 Monthlyposting and publication of claims allowed by board of directors.
NRS 539.487 Annualpublication of district financial statement.
NRS 539.490 Countytreasurer to deliver all money collected to treasurer of district.
Funds
NRS 539.493 Fundscreated.
NRS 539.495 Constructionfund: Source.
NRS 539.497 Constructionfund: Authorized disbursements.
NRS 539.500 Constructionfund: Transfers to general fund.
NRS 539.503 Bondfund: Source.
NRS 539.505 Bondfund: Investment and transfer of surplus money.
NRS 539.507 Generalfund: Division into general fund and operation and maintenance fund.
NRS 539.510 Generalfund: Source.
NRS 539.513 Generalfund: Board may fix rates of tolls or charges; collection in advance;enforcement of debt; liens.
NRS 539.515 Generalfund: Expenditures for development, operation and maintenance of recreationalgrounds; limitations.
NRS 539.517 Generalfund: Expenditure for exploiting district resources; limitation; tax.
NRS 539.520 Dutiesof district treasurer; liability on official bond.
NRS 539.523 Directorsmay make temporary transfers.
NRS 539.525 Regulationof disbursements from funds; approval of vouchers.
NRS 539.527 Interestcoupons: Payment by district treasurer.
Deposits
NRS 539.530 Depositof money in bank or credit union in state.
NRS 539.533 Depositof district money in accordance with general laws.
NRS 539.537 Securityof deposits: Surety bonds; securities in lieu of surety bond.
BONDS
Bonds for Purchase and Construction
NRS 539.540 Resolutionof directors: General plan of proposed operations.
NRS 539.543 Surveysand examinations; direction and certification by irrigation engineer.
NRS 539.545 Estimateof amount of money necessary to be raised; election required.
NRS 539.547 Noticeof election: Posting; publication; contents.
NRS 539.550 Ballots:Form.
NRS 539.553 Conductof election; number of votes elector may cast; certain persons and entitiesentitled to vote; filing of designations or written consents; informalities notto invalidate election.
NRS 539.557 Additionalbond issues: Election required.
NRS 539.560 Determinationof benefits: Apportionment; procedure.
NRS 539.563 Meetingto review apportionment of benefits: Notice; hearing.
NRS 539.565 Confirmationproceedings in district court: Petition; contents; notice of hearing onpetition; pleadings.
NRS 539.567 Confirmationproceedings: Confirmation of apportionment; corrections by court; finaljudgment; costs.
NRS 539.570 Saleof bonds authorized; public or private sale; terms.
NRS 539.573 Bondsnot to be sold for less than 90 percent of par value and accrued interest.
NRS 539.575 Useof unsold bonds in payment of construction; approval of Department of Taxation.
NRS 539.577 Cancellationof authorized bond issue; levy of assessments in lieu of bonds; limitations.
NRS 539.580 Paymentof bonds and interest from revenue derived from annual assessments.
NRS 539.583 Paymentof interest from bond fund.
NRS 539.585 Paymentbefore issuance of bonds, notes or certificates of indebtedness.
NRS 539.587 Insufficientmoney to complete improvement: Levy of assessment; issuance of additionalbonds.
NRS 539.590 Priorliens.
NRS 539.593 Powerof directors to levy assessments to spread redemption of bonds.
NRS 539.595 Directorsmay execute agreement with bond purchasers guaranteeing tax levy for bondredemption; approval of Department of Taxation; recording of agreement.
NRS 539.597 Countyauditor to spread minimum sinking fund tax on assessment books.
NRS 539.600 Agreementbinding on subsequent boards of directors; directors may increase tax.
NRS 539.603 Proceedingsif county officers fail to perform duties pertaining to sinking fund tax.
NRS 539.605 Faithand credit of State pledged.
NRS 539.607 Issuanceof notes authorized to meet obligations of district after levy of tax; levy andcollection of special tax.
NRS 539.610 Redemptionof bonds before maturity: Procedure.
Refunding Bonds
NRS 539.613 Issuanceauthorized without election; purposes; exchange or sale; lien.
NRS 539.6133 Voluntarysurrender or limitation on maturity; limitation on principal, interest andmaturity.
NRS 539.6135 Useof proceeds; payment of incidental costs.
NRS 539.6137 Escrowor trust for payment of refunded or refunding bonds.
NRS 539.614 Sourceof payment and security; applicability of provisions of chapter; conclusivenessof boards determination of compliance with chapter.
General Provisions
NRS 539.615 Seriesand issue of bonds.
NRS 539.617 Consecutivenumbering; negotiability and payment; multiples of $100.
NRS 539.620 Directorsmay fix and determine time for issuance and maturity; limit on maturity.
NRS 539.623 Formof bonds.
NRS 539.624 Issuanceseparately or in combination.
NRS 539.625 Dateof bonds.
NRS 539.627 Denominations.
NRS 539.630 Interest.
NRS 539.633 Placesof payment.
NRS 539.635 Recordto be kept by secretary and treasurer.
NRS 539.6353 Rightsand remedies cumulative.
NRS 539.6355 Failureof holder of bonds to proceed does not relieve district of liability.
Levy and Collection of Ad Valorem Taxes as Additional Security forPayment of Certain Bonds
NRS 539.636 Powerof board of directors.
NRS 539.6361 Reservefund from bond proceeds: Creation, accumulation and maintenance; augmentations.
NRS 539.6362 Paymentof deficiency from general fund, reserve fund or other available revenue; levyof ad valorem tax.
NRS 539.6363 Dutiesof board of directors in making levy.
NRS 539.6364 Considerationsin certifying annual levies; additional levies in event of insufficientrevenue.
NRS 539.6365 Paymentof taxes to district; lien.
NRS 539.6366 Saleof property for nonpayment of taxes.
Bonds Payable From or Secured by Pledge of Net Revenues
NRS 539.6371 Issuanceauthorized to finance revenue-producing project.
NRS 539.6375 Covenantsand other provisions.
NRS 539.638 Liens.
NRS 539.6385 Rightsand powers of holders of bonds.
NRS 539.639 Trusteesand receivers.
Bonds for Legal Investments
NRS 539.640 Resolutionof district concerning availability of bonds for legal investments; copy filedwith Department of Taxation.
NRS 539.643 Investigationof affairs of district; report of Department of Taxation.
NRS 539.645 Provisionsof NRS 539.643 directory only.
NRS 539.647 Certificationof bonds by State Controller.
NRS 539.650 Expendituresfrom construction fund after certification of bonds prohibited without consentof Department of Taxation.
NRS 539.653 Progressiveconstruction: Certification of bonds as needed; prior approval of Department ofTaxation if all bonds certified.
NRS 539.655 Formof certificate of State Controller; facsimile signature authorized.
NRS 539.657 Districtto pay expenses of investigation and report.
NRS 539.660 Bondsas legal investments and security.
NRS 539.663 Bondsof irrigation districts of other states as legal investments; limitations.
NRS 539.665 Faithof State of Nevada pledged.
ASSESSMENTS
NRS 539.667 Secretaryis district assessor; preparation of assessment book annually; contents ofassessment book.
NRS 539.670 Levyof assessments and tax by board; computation and entry in assessment book.
NRS 539.673 Assessmentby district board of land escaping assessment.
NRS 539.675 Useof preceding assessments for succeeding years; deemed regular levy.
NRS 539.677 Levyof assessments by county commissioners or Department of Taxation; duties ofdistrict attorney and Attorney General.
NRS 539.680 Correctionof assessments; notice of time of meeting to correct assessments; retention ofassessment book in district office for inspection; changes in assessments.
NRS 539.683 Collectionof assessments: Procedure; duties of county and district officers.
NRS 539.685 Additionof unpaid tolls and charges to assessment levies.
NRS 539.687 Assessmentas lien against property; bond lien as preferred lien.
NRS 539.690 Specialassessments: Procedure for levy; election; authority to levy assessments fornumber of years for specific purposes.
NRS 539.693 Saleof land in district because of delinquency in payment of tax; land sold subjectto accrued and accruing liens for charges, tolls, assessments and taxes.
NRS 539.695 Procedurefor summary foreclosure of lien for accrued charges, tolls or assessments;notice of sale; sale for delinquency in taxes.
NRS 539.697 Distributionand sale of water acquired at sale for delinquent tax or summary foreclosure.
NRS 539.700 Exclusionof land from benefits if land sold for delinquent taxes or assessments: Consentof bondholders and others.
NRS 539.703 Waterand water rights become part of general supply when land excluded from furtherparticipation in benefits.
NRS 539.705 Landexcluded from participation in benefits: Transfer of storage rights andbenefits apportioned to other land.
INCLUSION AND EXCLUSION OF LANDS
NRS 539.708 Petitionfor annexation: Contents; inclusion of lands within municipal corporation.
NRS 539.712 Noticeof filing of petition for annexation: Posting; contents; advancement of costsby petitioners.
NRS 539.714 Hearingon annexation petition.
NRS 539.716 Conditionsprecedent to annexation; apportionment and assessment of benefits.
NRS 539.718 Orderof annexation: Contents; survey.
NRS 539.722 Resolutionapproving annexation notwithstanding electors objections: Adoption; contents.
NRS 539.724 Electionon question of annexation: Notice; procedure; form of ballots.
NRS 539.726 Orderof annexation following election: Contents; recording.
NRS 539.728 Apportionmentof benefits following annexation: Compliance with statutes.
NRS 539.732 Landsin one district not to be included in another district.
NRS 539.734 Inclusionwithin district of state lands and state lands held under contract to purchase.
NRS 539.736 Exclusionof land: Grounds; limitations.
NRS 539.738 Noticeof proposed exclusion: Publication; contents.
NRS 539.742 Resolutionexcluding land; objections.
NRS 539.744 Orderor denial of exclusion; publication of order.
NRS 539.746 Recordingof order excluding land or changing boundaries with plat.
NRS 539.748 Petitionto district court by aggrieved persons.
DISSOLUTION
NRS 539.750 Petitionfor dissolution of district: Filing with clerk of district court; order ofdistrict judge.
NRS 539.753 Contentsof petition.
NRS 539.755 Determinationof sufficiency of percentages required on petition: What governs clerk ofdistrict court.
NRS 539.757 Ballots:Form.
NRS 539.760 Conductof election; canvass of votes.
NRS 539.763 Certificationof election results to district court; examination of returns by court; orderof dissolution; filing of financial statement.
NRS 539.765 Courtgoverned by NRS 539.287 where contractwith United States exists.
NRS 539.767 Orderof dissolution not to be entered until bonded indebtedness liquidated orconsent of bondholders filed.
NRS 539.770 Paymentof other indebtedness to be provided for; duties of county officers in closingaffairs of district.
NRS 539.773 Liquidationof indebtedness; levy of assessments; collection of taxes; sale of districtproperty by county commissioners; disposition of proceeds.
NRS 539.775 Contractwith United States or bonded indebtedness not bar to dissolution if provisionmade for payment.
NRS 539.777 Entryof order dissolving district; further indebtedness prohibited.
UNLAWFUL ACTS AND PENALTIES
NRS 539.780 Unlawfulinterference with officer, agent or employee of district; criminal and civilpenalties.
NRS 539.783 Liabilityof water user negligently or wrongfully impairing system of works; notice torepair.
_________
GENERAL PROVISIONS
NRS
[Part 70:64:1919; 1919 RL p. 3294; NCL 8088]
NRS
1. County treasurer or treasurer of the countyshall be held to mean ex officio tax receiver or tax receiver of thecounty.
2. Irrigation district or district shall be heldto mean any irrigation district organized under the laws of this state prior toJuly 1, 1919, as well as under this chapter, to the full extent required toaccomplish the purposes of this chapter. Whenever the words irrigationdistrict are or have been used in any action or proceeding or in any act orresolution of the Legislature, such words shall be construed to mean anirrigation district organized under the provisions of chapter 134, Statutes ofNevada 1911, or acts supplementary thereto or amendatory thereof, or anirrigation district organized or existing under this chapter.
3. Works of an irrigation district shall be held toinclude any drain or watercourse, any side, lateral, spur or branch ditch ordrain, whether opened, covered or tiled, or any natural watercourse into whichdrains or ditches of the district may enter for the purpose of outlet, whethersuch watercourse is situated in or outside of the district.
[Part 10a:64:1919; added 1923, 289; NCL 8018] +[67:64:1919; 1919 RL p. 3293; NCL 8085] + [Part 70:64:1919; 1919 RL p. 3294;NCL 8088]
NRS
[66:64:1919; 1919 RL p. 3293; NCL 8084]
1. Nothing in this chapter shall be construed asrepealing or in any wise modifying the provisions of any other law relating tothe subject of irrigation or drainage except such as may be contained inchapter 134, Statutes of Nevada 1911, and subsequent acts supplementary theretoor amendatory thereof, all of which acts, so far as they may be inconsistentwith this chapter, are repealed.
2. Nothing in this chapter shall be so construed asto:
(a) Affect the validity of any district organized underthe laws of this state prior to July 1, 1919, or its right in or to property,or any of its rights or privileges of whatsoever kind or nature; but suchdistricts are hereby made subject to the provisions of this chapter as far asapplicable.
(b) Affect, impair or discharge any contract,obligation, lien or charge for or upon which any district was or might becomeliable or chargeable had this chapter not been passed.
(c) Affect the validity of any bonds which have beenissued but not sold.
(d) Affect any action pending on July 1, 1919.
3. In such districts as have been organized prior toJuly 1, 1919, and in which directors of the various divisions thereof have beenelected by the votes of the electors of the district at large, such electionsare hereby confirmed.
4. In the cases of any district or districts anyportion of the proceedings for the organization of which were instituted underprior existing laws and completed under the provisions of this chapter, suchdistrict or districts shall be deemed to have been duly organized under thischapter, and the organization thereof is hereby confirmed.
5. Any district organized under prior laws of thisstate may adopt and subject itself to all the provisions of this chapter by aunanimous resolution of its board of directors, and the organization of suchdistrict is hereby confirmed.
6. The directors of any district organized prior toJuly 1, 1919, and not divided into divisions may request the board of countycommissioners to define and establish such divisions, and the board of countycommissioners shall forthwith define and establish divisions in such districtas nearly equal in size as practicable and in number equal to the directors inthe district.
[68:64:1919; A 1921, 118; 1923, 289; NCL 8086] +[69:64:1919; 1919 RL p. 3293; NCL 8087]
FORMATION
NRS
1. A majority in number of the holders of title, orevidence of title, to lands susceptible of one mode of irrigation from a commonsource or combined sources, and by the same system or combined systems ofworks, may propose the organization of an irrigation district pursuant to thischapter if they hold title or evidence of title to at least one-half part ofthe total area of the land in the proposed district. In computing the totalarea in the proposed district, the public domain of the United States ofAmerica, excepting any portion thereof held by entrymen pursuant to any law ofthe United States, must be excluded.
2. Every signer of a petition for the organization ofan irrigation district must be the holder of title or evidence of title to landwithin the proposed district. The holder of a bona fide contract to purchaseland, having been in the actual possession thereof at least 1 year pursuant tothe contract, and whose name appears upon the preceding equalized countyassessment roll for the payment of taxes of the land, shall be deemed theholder of title thereto for all of the purposes of this chapter.
3. The equalized county assessment roll next precedingthe presentation of a petition for the organization of an irrigation districtis sufficient evidence of title for the purpose of this chapter, but otherevidence may be received, including receipts or other evidence of rights ofentrymen on land pursuant to any law of the United States. These entrymen arecompetent signers of the petition and the land on which they have made entriesshall, for the purpose of the petition, be deemed to be owned by them. The entrymenshare all the privileges and obligations of freeholders and owners of privateland within the district pursuant to this chapter, including the right to voteand hold office, subject to the terms of the Act of Congress entitled An Actto promote the reclamation of arid lands, approved August 11, 1916, being c.319, 39 Stat. 506, also designated as 43 U.S.C. 621-630.
[Part 1:64:1919; A 1921, 118; 1927, 302, 309; 1929,77; NCL 8008](NRS A 1989, 1172)
NRS
1. When within a proposed irrigation district thereexists one or more tracts of land owned and used by the State of Nevada forstate purposes and susceptible of the same mode of irrigation or taking waterfor irrigation from the same source, system or combined systems as otherprivately owned lands within the proposed district, the Governor, with theadvice of the State Engineer, may sign any petition for the organization ofsuch irrigation district.
2. Should such irrigation district be thereafterorganized in accordance with the provisions of law, such lands so belonging tothe State of Nevada shall be subject to the same rights, privileges andobligations as are or may be belonging to or imposed on the privately ownedlands within the district, and in this respect and for the purposes of carryingout the provisions of this chapter the heads of departments or the commissionsor boards having supervision or control of the state institution to which suchtracts or units of land are attached, for supervisory purposes, shall includein their report and biennial budget for submission to the Governor andLegislature such items or amounts as may from time to time become an obligationon the lands of the district.
[Part 1:64:1919; A 1921, 118; 1927, 302, 309; 1929,77; NCL 8008]
NRS
1. Whenever it is proposed to organize an irrigationdistrict, a petition shall first be presented to the board of countycommissioners of the county in which the lands or the greater portion thereofare situated, signed by the required number, possessing the qualificationsprovided for in NRS 539.020 and
(a) Set forth and particularly describe the proposedboundaries of the district.
(b) Pray that the same may be organized under theprovisions of this chapter.
2. The petitioners may determine in the petitionwhether the proposed district shall be divided into three, five or sevendivisions, and whether it shall have three, five or seven directors. If nonumber is named in the petition, the board of county commissioners maydetermine whether the number shall be three, five or seven.
[Part 1:64:1919; A 1921, 118; 1927, 302, 309; 1929,77; NCL 8008] + [Part 2:64:1919; A 1921, 118; NCL 8009]
NRS
[Part 2:64:1919; A 1921, 118; NCL 8009]
NRS
1. The petition shall be filed in the office of thecounty clerk and a notice thereof shall be published by the county clerk for atleast 2 weeks before the time at which it is to be presented to the board ofcounty commissioners. Publication shall be in some newspaper printed andpublished in the county where the petition is presented, which newspaper shallbe designated by the board of county commissioners as the newspaper most likelyto impart notice of the hearing of the petition.
2. The notice shall set forth:
(a) That the petition has been filed.
(b) The time of the meeting of the board of countycommissioners to consider the petition.
(c) A description of the territory to be embraced inthe proposed district.
[Part 2:64:1919; A 1921, 118; NCL 8009]
NRS
[Part 3:64:1919; A 1921, 118; 1925, 203; 1931, 265;1935, 135; 1931 NCL 8010]
NRS
[Part 3:64:1919; A 1921, 118; 1925, 203; 1931, 265;1935, 135; 1931 NCL 8010]
NRS
1. Contiguous or neighboring lands susceptible ofirrigation from the common source or combined sources, not included in thedistrict as described in the petition, at the hearing may, upon application ofthe holder or holders of title or evidence of title thereto as prescribed in
2. Lands described in the petition not susceptible ofirrigation from such system or systems may upon similar application be excludedtherefrom.
3. The board of county commissioners shall not modifythe boundaries described in the petition so as to change the object of thepetition or so as to exempt from the operation of this chapter any land whichis susceptible of irrigation by such system or systems.
[Part 3:64:1919; A 1921, 118; 1925, 203; 1931, 265;1935, 135; 1931 NCL 8010]
NRS
1. In the hearing of any petition, the board of countycommissioners shall disregard any informalities therein.
2. If the board of county commissioners deny thepetition or dismiss it for any reasons on account of the provisions of thischapter not having been complied with, which are the only reasons upon whichthe board of county commissioners shall have the right to refuse or dismiss thepetition, the board of county commissioners shall state its reasons in writingtherefor in detail, which shall be entered upon its records.
3. If the reasons are not well founded, a writ ofmandamus shall, upon proper application therefor, issue out of the districtcourt of the county compelling the board of county commissioners to act incompliance with this chapter, which writ shall be heard within 20 days from thedate of issuance, such time to be excluded from the time given the board ofcounty commissioners to act upon the petition.
[Part 3:64:1919; A 1921, 118; 1925, 203; 1931, 265;1935, 135; 1931 NCL 8010]
NRS
[Part 3:64:1919; A 1921, 118; 1925, 203; 1931, 265;1935, 135; 1931 NCL 8010]
NRS
1. Upon making an order granting the prayer of thepetition as provided in NRS 539.043, theboard of county commissioners shall by further order entered upon its recordsubmit to the qualified electors of the proposed district at the next primaryor general election the question of whether that district shall be organizedpursuant to the provisions of this chapter, and by that order shall submit thenames of one or more persons from each of the divisions of the district to bevoted for as directors of the district.
2. One director must be elected from each division bythe qualified electors of the district and be a qualified elector of thedistrict and holder of title, or evidence of title as prescribed in
[Part 3:64:1919; A 1921, 118; 1925, 203; 1931, 265;1935, 135; 1931 NCL 8010](NRS A 1993, 1081)
NRS
1. The board of county commissioners shall give noticeof such election, which shall be published for 2 weeks prior to such electionin a newspaper within the county where the petition is filed.
2. Such notice shall require the electors to castballots, which shall contain the words Irrigation DistrictYes, orIrrigation DistrictNo, or words equivalent thereto, and the names of personsto be voted for as directors.
[Part 3:64:1919; A 1921, 118; 1925, 203; 1931, 265;1935, 135; 1931 NCL 8010]
NRS
[Part 3:64:1919; A 1921, 118; 1925, 203; 1931, 265;1935, 135; 1931 NCL 8010](NRS A 1993, 1081)
NRS
[Part 4:64:1919; A 1927, 309; NCL 8011]
NRS
1. The board of county commissioners shall meet on thesecond Monday succeeding such election and proceed to canvass the votes castthereat.
2. If upon such canvass it appears that a majority ofthe electors voted Irrigation DistrictYes, the board, by an order enteredupon its minutes, shall:
(a) Declare such territory duly organized as anirrigation district under the name and style theretofore designated.
(b) Declare the persons receiving respectively thehighest number of votes for directors to be duly elected.
(c) Cause a copy of such order and a plat of the district,each duly certified by the clerk of the board of county commissioners, to beimmediately filed for record in the office of the county recorder of eachcounty in which any portion of such lands is situated. Certified copies thereofshall also be filed with the county clerks of such counties.
3. Thereafter, the organization of the district shallbe complete.
[Part 4:64:1919; A 1927, 309; NCL 8011]
NRS
[Part 3:64:1919; A 1921, 118; 1925, 203; 1931, 265;1935, 135; 1931 NCL 8010]
NRS
1. The name of any district organized after July 1,1919, pursuant to this chapter must contain either the words irrigationdistrict, water conservation district, water conservancy district orwater improvement district.
2. Any district organized and existing before, on orafter July 1, 1919, the name of which must include the words irrigationdistrict, may change its name by substituting for the word irrigation eitherthe words water conservation, water conservancy or water improvement, ormay change the entire name or designation of the district by filing with theboard of county commissioners, with which the original petition was filed forthe organization of the district, a certified copy of a resolution of its boardof directors adopted by the unanimous vote of all the members of the board at aregular meeting thereof providing for such a change of name. All proceedings ofsuch a district must be had under the changed name, but all existing obligationsand contracts of the district entered into under its former name must remainoutstanding without change and with the validity thereof unimpaired andunaffected by the change of name.
[71:64:1919; added 1921, 118; A 1923, 289; NCL 8089](NRS A 1997, 1621)
INTERNAL ORGANIZATION
NRS
[Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;1933, 271; 1931 NCL 8016]
NRS
1. The directors elected at the organization electionshall be selected by lot so that one, two or three directors, according towhether there are in all three, five or seven on the board, shall hold officeuntil their successors are elected at the next regular election and qualify,and two, three or four directors, as the case may be, shall hold office untiltheir successors are elected at the second regular election after organizationand qualify.
2. At the regular election biennially thereafterdirectors shall be elected, to replace the directors whose terms expire, forterms of 4 years, or until their successors are elected and qualify. Directorsso elected shall have the qualifications prescribed in this chapter fordirectors elected at the time of organization.
[Part 5:64:1919; A 1933, 271; 1931 NCL 8012]
NRS
1. Within 10 days after receiving the certificate ofhis election, each director shall take and subscribe to an official oath andfile the same with the secretary of the board of directors.
2. Each member of the board of directors shall executean official bond in the sum of $2,000, which shall be approved by the judge ofthe district court in and for the county where such organization is effected.Such bonds shall be recorded in the office of the county recorder and filedwith the secretary of the board.
[Part 7:64:1919; A 1921, 118; NCL 8014]
NRS
1. Any vacancy in the office of director shall befilled from the division in which the vacancy occurs by the remaining membersof the board.
2. In cases where a vacancy occurs in the office ofdirector and the remaining directors, at the next regular monthly meeting ofthe board of directors following such vacancy, do not by a majority vote ofsuch remaining directors appoint a successor to fill such vacancy, then thepresident of the board of directors shall fill such vacancy by appointment.
3. In the event of the vacancy occurring in the officeof the director who is president of the board, then the vice president shallfill the vacancy by appointment.
4. A director appointed to fill a vacancy, as providedin this section, shall hold his office until the next biennial election, anduntil his successor is elected and qualified.
[Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;1933, 271; 1931 NCL 8016]
NRS
1. Notwithstanding any other provision of thischapter, if an irrigation district operates a federal reclamation projectpursuant to a contract with the United States and the project is authorized forpurposes in addition to irrigation, the district may expand the number ofdirectors on the board of directors of the district in the manner provided inthis section.
2. The number of directors may be increased pursuantto this section by a number not to exceed one less than the number of electeddirectors on the board. The addition of directors pursuant to this section maybe proposed by resolution adopted by the board of directors or upon thepetition of not less than 51 percent of the qualified electors of the district.
3. The resolution or petition proposing to increasethe number of directors must designate the number of additional directorsproposed, the interest to be represented by each additional director and themethod by which each additional director will be appointed. The interest to berepresented by each additional director must be an interest which owns a waterright for an authorized purpose of the federal reclamation project.
4. The board of directors shall submit the question ofexpanding the board of directors in accordance with the resolution or petitionto the qualified electors of the district at the next district election orprimary or general state election. Notice of the election must be given in themanner provided in NRS 539.125.
5. If the result of the election is in favor of theexpansion, the board of directors must be expanded in accordance with theresolution or petition. The new directors must be appointed at the time of thenext biennial election of directors, and must determine their respectivetenures of office in the manner provided in NRS539.065. After the initial terms, directors appointed pursuant to thissection hold office for a term of 4 years. The successor to a directorappointed pursuant to this section must be appointed not later than thebiennial election which coincides with the expiration of the directors term.
6. By resolution of the elected directors or bypetition of not less than 51 percent of the qualified electors of the district,the directors added pursuant to this section may be eliminated, or theinterests they represent or their appointing authorities may be changed, in thesame manner that directors are added pursuant to this section.
(Added to NRS by 1991, 1081; A 1993, 1081)
NRS
1. Immediately upon their election and qualificationfollowing the organization election the board of directors shall meet andorganize, elect a president and a vice president, and appoint a secretary and atreasurer.
2. On the first Monday in May next following theirelection thereafter, the board of directors shall meet and organize, elect apresident and a vice president, and appoint a secretary and a treasurer.
[Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;1933, 271; 1931 NCL 8016]
NRS
1. The secretary and the treasurer shall be appointedby the board of directors and may or may not be members of the board. Oneperson may be appointed to serve as secretary and treasurer.
2. Such officers shall serve at the will of the board.
3. The secretary and the treasurer shall file bondsfor the faithful performance of their duties. The bonds shall be approved bythe board.
[Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;1933, 271; 1931 NCL 8016]
NRS
[Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;1933, 271; 1931 NCL 8016]
NRS
1. A member of the board of directors is entitled toreceive not more than $80 per day and actual traveling expenses for each dayspent attending meetings of the board or while engaged in official businessunder the order of the board.
2. The board shall fix the compensation to be paid tothe other officers named in this chapter; but the board shall, upon thepetition of a majority of the electors within the district, submit to theelectors at any general election of the district a schedule of salaries andfees to be paid the directors and officers thereof. The petition must bepresented to the board 20 days before the general election. The schedule ofsalaries and fees must be put into effect upon the first of the month after theelection if it was approved by a two-thirds vote.
[12:64:1919; A 1945, 298; 1943 NCL 8023](NRS A1957, 309; 1965, 673; 1973, 786; 1981, 582;
NRS
1. All directors and other officers named in thischapter are prohibited from being directly or indirectly interested in anycontract awarded by the board or in the profits to be derived from thecontract.
2. For any violation of this section the director orofficer is guilty of a gross misdemeanor, and upon conviction thereof forfeitshis office.
(Added to NRS by 1977, 1114)
NRS
[Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;1933, 271; 1931 NCL 8016]
NRS
1. The board shall hold a regular monthly meeting inits office on the day of the month fixed by resolution duly entered upon theminutes. When the time for such a monthly meeting has been fixed it cannotagain be changed for 12 months, and it can only be changed by resolution passedat least 2 months prior to the time such change shall take effect, and uponpublication in a newspaper of general circulation in the district for at least2 weeks prior to such change.
2. Should the regular meeting day fall upon anonjudicial day, such meeting shall be held on the first judicial daythereafter.
[Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;1933, 271; 1931 NCL 8016]
NRS
1. The board of directors shall hold such specialmeetings as shall be required for the purpose of transaction of business; butall special meetings must be called by the president or a majority of the board.
2. The order calling such special meeting shall beentered on the record, and the secretary shall give each member not joining inthe order 3 days notice of such special meeting.
3. The order must specify the business to betransacted at such special meeting; and none other than that specified shall betransacted.
[Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;1933, 271; 1931 NCL 8016]
NRS
[Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;1933, 271; 1931 NCL 8016]
NRS
[Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;1933, 271; 1931 NCL 8016]
NRS
[Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;1933, 271; 1931 NCL 8016](NRS A
NRS
1. All records of the board shall be open to theinspection of any elector during business hours.
2. The board of directors of each irrigation district,or the secretary thereof, shall at any time allow any member of the board ofcounty commissioners, when acting under the order of such board, to have accessto all books, records and vouchers of the district which are in the possessionor control of the board of directors or the secretary.
[Part 9:64:1919; A 1921, 118; 1923, 289; 1927, 309;1933, 271; 1931 NCL 8016] + [52:64:1919; 1919 RL p. 3288; NCL 8070]
NRS
1. No director shall, during his term of office, beemployed by the district as district engineer, watermaster or manager.
2. This section shall not be construed as deprivingthe board of the right and power to appoint a committee or committees to actfor the board whenever and wherever necessary to carry out the purposes of thischapter.
[74:64:1919; added 1929, 286; NCL 8092]
ELECTIONS
Divisions and Precincts
NRS
1. Each division shall constitute an election precinctfor the purposes of this chapter.
2. After the organization of the district thedirectors may divide a division into two or more precincts and fix the pollingplaces therein.
3. By affirmative vote of all of their number or ofall of their number save one, the directors may reduce the number of electionprecincts to one or more within the district, establish the boundaries thereof,and fix the polling place or places therein.
[Part 3:64:1919; A 1921, 118; 1925, 203; 1931, 265;1935, 135; 1931 NCL 8010]
NRS
1. Whenever in the opinion of the board of directorsit is advisable to do so, the board is empowered to change the boundaries ofone or more divisions of the district in order to equalize more nearly thenumber of electors in the respective divisions, but new lands shall not beincluded within the district boundaries and lands within the districtboundaries and lands within the district shall not be excluded by such changeof boundaries, except as otherwise provided in this chapter.
2. A change of division boundaries shall becomeeffective when a certified copy of a resolution making such change, attached toa copy of a map or plat of the district delineating the new division boundarylines, both being certified as correct by the secretary of the district, shallbe filed in the office of the county recorder of the county in which thedivision whose boundaries have been so changed is situated.
[Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;1927, 309; 1951, 55]
NRS
1. The number of directors and the number of divisionsof any district organized pursuant to the laws of this state must not bealtered or changed except upon:
(a) A petition of not less than 51 percent of thequalified electors of the district; or
(b) A resolution adopted by the board of directors.
2. The petition or resolution must prescribe thenumber of divisions into which the district is proposed to be divided and mustbe accompanied by a map showing the proposed new division boundaries, which mapmust be a part of the petition or resolution and must be presented to the boardof directors of the district at any regular meeting.
3. At its next regular meeting following the presentationof the petition or adoption of the resolution, the board of directors shallprepare or cause to be prepared a map of the district showing the proposed newdivision boundaries, which map must be placed on file in the office of thedistrict. At least two copies of the map must be posted in other conspicuousplaces in the district where the maps are available for inspection by allinterested persons.
4. The board of directors shall submit the question ofaltering or changing the number of divisions of the district in accordance withthe petition to the qualified electors of the district at the next districtelection or primary or general state election. Notice of the election must begiven in the manner provided in NRS 539.125,and must include notice of the places where the map showing the proposed newdivision boundaries may be inspected.
5. If the result of the election is in favor of thechanges in the number of divisions and division boundaries of the district, thenext biennial election of directors is governed by the altered conditionsestablished by the election and the terms of office of all the directors thenin office and who were elected or appointed before the altered conditionsexpire on the second Monday following the biennial election. The new directorsthen elected shall determine their respective tenures of office in the mannerdesignated in NRS 539.065.
6. No petition or resolution to change the number ofdirectors and divisions of a district may be received or considered within aperiod of 4 years following the date of an election held pursuant to thissection.
[8 1/2:64:1919; added 1931, 170; 1931 NCL 8015.01](NRS A 1991, 1082; 1993, 1082)
NRS
1. Not later than 60 days before any general electionof the district, if a petition, signed by the qualified electors of thedistrict equal in number to 35 percent of the qualified electors of thedistrict, requesting that directors from each division of the district beelected by the qualified electors of that division and not by the qualifiedelectors of the district as a whole, is filed with the board of directors, theboard shall place upon the ballot of the next district election or primary orgeneral state election the question of whether directors from each divisionshall be elected by the electors of the division and not by the electors of thedistrict as a whole.
2. If a majority of the votes cast at the election arein favor of electing directors from each division by the electors from thatdivision alone, thereafter the directors in the district must be elected inthat manner.
[73:64:1919; added 1929, 286; NCL 8091](NRS A1993, 1083)
General Elections
NRS
[Part 5:64:1919; A 1933, 271; 1931 NCL 8012]
NRS
[Part 5:64:1919; A 1933, 271; 1931 NCL 8012]
NRS
1. Nominations for the office of director shall bemade by filing a declaration with the secretary within 50 days before the dateof election and not later than 20 days before such election.
2. A candidate shall pay $25 filing fee with suchdeclaration.
[Part 5:64:1919; A 1933, 271; 1931 NCL 8012]
NRS
1. Any person 18 years of age or older, whether aresident of the district or not, who is or has declared his intention to becomea citizen of the United States is an elector for the purposes of this chapterand is entitled to vote at any election held pursuant to this chapter if thefollowing conditions as to ownership of land are met:
(a) The elector must be the bona fide holder of titleor evidence of title, as defined in NRS539.020 and 539.023, to land withinthe district or have a contractual right to acquire title to land within thedistrict upon payment of a fixed sum to the record titleholder.
(b) The holder of an undivided interest in land is anelector and, if his interest is community property, his spouse is an elector ifthe spouse appears of record as the owner of an interest in the acreage. If twoor more persons hold undivided or community interests in land, one such personmay vote upon presenting the written consent of his fellow holders.
(c) A surface water right must be appurtenant to theacreage.
2. An elector is entitled to vote according to theland which he owns outright, as follows:
(a) Ten acres or less, one vote;
(b) For each additional 10 acres or a part thereof, upto and including 200 acres, one additional vote; and
(c) For each additional 100 acres or a part thereofabove 200 acres, one additional vote.
The districtshall issue a separate ballot for each vote which an elector is entitled tocast.
3. If two or more persons hold undivided or communityinterests in land, each is entitled to cast a percentage of the respectivevotes otherwise allowed pursuant to subsection 2 that is equal to hispercentage interest in that land, except that, if pursuant to this subsectionthose persons are entitled to a fractional interest in a vote, that vote mayonly be cast by one of those persons upon presenting the written consent of hisfellow holders.
4. Any elector who resides outside the district, whoowns land in the district, and who is qualified to vote at district electionsshall be deemed a resident of that division and precinct of the district inwhich the major portion of his lands are located, for the purpose ofdetermining his place of voting and qualifications for holding office.
5. Any elector who resides within the districtboundaries shall be deemed a resident of the division in which he actuallyresides, for the purpose of determining his qualification for voting andholding office.
6. A guardian, executor, administrator or trusteeshall be deemed the holder of title or evidence of title, as prescribed in
7. Corporations, partnerships or limited-liabilitycompanies holding land in the district shall be deemed persons entitled toexercise all the rights of natural persons, and the president of such acorporation, the general partner of such a partnership, the manager of such alimited-liability company, or any other person authorized in writing by thepresident of the corporation, the general partner of the partnership or themembers of the limited-liability company, may sign any petition authorized bythis chapter, and register and cast the vote of the corporation, partnership orlimited-liability company at any election. If a partnership has more than onegeneral partner, the general partners must designate one of their number tosign petitions, vote and do the other things that an elector may do pursuant tothis chapter. If a limited-liability company:
(a) Has more than one manager, the managers mustdesignate one of their number to sign petitions, vote and do the other thingsthat an elector may do pursuant to this chapter.
(b) Does not have a manager, the members must designateone of their number to sign petitions, vote and do the other things that anelector may do pursuant to this chapter.
8. Designations or written consents for the purposesof registration and voting as authorized pursuant to this section must be filedwith the district not later than 14 days before the election.
[8:64:1919; A 1921, 118; 1925, 203; 1927, 309; NCL 8015](NRS A 1967, 1214; 1979, 480; 1981, 516; 1989, 1173; 1991, 1083; 1997,768, 1305)
NRS
[Part 6:64:1919; A 1921, 118; 1923, 289; 1927, 309;1931, 75; 1935, 135; 1931 NCL 8013](NRS A 1981, 582; 1993, 1083)
NRS
1. No election for any purpose except for organizationshall be held in any irrigation district without registration.
2. If an elector is currently registered on orregisters after July 1, 1967, and remains eligible, he shall not be required toreregister in order to vote at any succeeding election, but before he shall bepermitted to vote at such election, if he shall not have reregistered therefor,he shall be required to take and subscribe the registration oath before theboard of election, on a form provided by the district, as evidence of hiscontinued eligibility.
[Part 6:64:1919; A 1921, 118; 1923, 289; 1927, 309;1931, 75; 1935, 135; 1931 NCL 8013](NRS A 1967, 1215)
NRS
1. The secretary is ex officio district registrar ofthe district, and may, at least 4 weeks before any election, appoint a fieldregistrar in each election precinct. Each field registrar shall register allelectors within his precinct applying for registration, and for this purpose hehas the authority to demand of the elector all information and to administerall oaths required by this chapter.
2. The registrar and field registrars are governed inthe performance of their duties by the general election laws of this state asfar as they are applicable, and must be at their places of registration toreceive applications for registration from 7 a.m. until 7 p.m. on the Wednesdayimmediately preceding the close of registration pursuant to
[Part 6:64:1919; A 1921, 118; 1923, 289; 1927, 309;1931, 75; 1935, 135; 1931 NCL 8013](NRS A 1993, 2202; 1995, 2794)
NRS
[Part 6:64:1919; A 1921, 118; 1923, 289; 1927, 309;1931, 75; 1935, 135; 1931 NCL 8013](NRS A 1991, 1084)
NRS
[Part 6:64:1919; A 1921, 118; 1923, 289; 1927, 309;1931, 75; 1935, 135; 1931 NCL 8013](NRS A 1991, 1084; 1997, 1307)
NRS
[Part 6:64:1919; A 1921, 118; 1923, 289; 1927, 309;1931, 75; 1935, 135; 1931 NCL 8013](NRS A 1991, 1085; 1997, 1307)
NRS
1. The registration oath may be taken before theregistrar or field registrars, any member of an election board, or any personauthorized by law to administer oaths.
2. All oaths taken before the election board must bepreserved by the election board and returned with the ballots.
[Part 6:64:1919; A 1921, 118; 1923, 289; 1927, 309;1931, 75; 1935, 135; 1931 NCL 8013](NRS A 1985, 1222; 1993, 2202)
NRS
[Part 6:64:1919; A 1921, 118; 1923, 289; 1927, 309;1931, 75; 1935, 135; 1931 NCL 8013]
NRS
1. Before publishing a notice pursuant to
2. If the board of directors fails to appoint a boardof election or the members appointed do not attend the opening of the polls onthe morning of election, the electors of the precinct present at that hour mayappoint the board or supply the place of absent members thereof.
3. The board of directors shall, in its orderappointing the board of election, designate the hour and the place in eachprecinct where the election will be held.
[Part 6:64:1919; A 1921, 118; 1923, 289; 1927, 309;1931, 75; 1935, 135; 1931 NCL 8013](NRS A 1981, 582)
NRS
[Part 7:64:1919; A 1921, 118; NCL 8014]
NRS
1. Before opening the polls each inspector and eachclerk must take and subscribe to an oath to perform faithfully the dutiesimposed upon him by law. Any elector of the precinct may administer and certifysuch oath.
2. Vacancies occurring during the progress of theelection may be filled by the remaining inspector or inspectors, and anyinspector of election may administer and certify oaths.
[Part 7:64:1919; A 1921, 118; NCL 8014]
NRS
[Part 7:64:1919; A 1921, 118; NCL 8014]
NRS
1. The returns shall be delivered to the secretary ofthe district. No list, tally paper or returns from any election shall be setaside or rejected for want of form if they can be satisfactorily understood.
2. The board of directors shall meet at its usualplace of meeting on the second Monday after an election to canvass the returns,and it shall proceed in the same manner and with like effect, as near as maybe, as the board of county commissioners in canvassing the returns of generalelections.
3. When the board of directors shall have declared theresult, the secretary shall make full entries in his record in like manner asis required of the county clerk in general elections.
[Part 7:64:1919; A 1921, 118; NCL 8014]
NRS
1. The board of directors must declare elected theperson or persons having the highest number of votes given for each office.
2. The secretary shall immediately make out and deliverto such person or persons a certificate of election, signed by him andauthenticated with the seal of the board.
[Part 7:64:1919; A 1921, 118; NCL 8014]
Recall Elections
NRS
[1:186:1927; NCL 8206]
NRS
1. For the purpose of recalling any director of anirrigation district there shall be first filed with the secretary of theirrigation district from which such director was elected a petition signed byqualified electors of such irrigation district equal in number to at least 35percent of the vote cast at the last preceding election held in and for thedistrict.
2. The petition shall also contain the residenceaddresses of the signers, and shall set forth in not to exceed 200 words thereason why the recall is demanded.
[2:186:1927; A 1933, 98; 1931 NCL 8207]
NRS
[Part 3:186:1927; NCL 8208](NRS A 1985, 1222)
NRS
[Part 8:186:1927; NCL 8213]
NRS
[Part 3:186:1927; NCL 8208]
NRS
1. If the director shall offer his resignation within5 days after the filing of the petition, the resignation shall be accepted, andthe vacancy thereby caused shall be filled in the manner provided by law.
2. If the director does not resign, he shall continueto perform the duties of his office until the result of the special election isfinally declared.
[Part 3:186:1927; NCL 8208]
NRS
[Part 3:186:1927; NCL 8208]
NRS
1. Other candidates for the office may be nominated tobe voted for at the special election by petition, which petition shall besigned by qualified electors of the district holding the election, equal innumber to 35 percent of the number of votes cast for the director receiving thehighest number of votes at the election next preceding.
2. The nominating petition shall be filed with thesecretary of the irrigation district at least 15 days prior to the date of thespecial election.
[9:186:1927; A 1933, 98; 1931 NCL 8214] +[10:186:1927; NCL 8215]
NRS
1. Upon the ballot for the election there shall beprinted verbatim, as set forth in the recall petition, the reason for demandingthe recall of the director, and in not more than 200 words, if furnished byhim, the directors justification of his course in office.
2. If there are no other candidates nominated to bevoted for at the special election, there shall be printed on the ballot thename of the director sought to be recalled, the office which he holds, and thewords For Recall and Against Recall.
3. If there are other candidates nominated for theoffice to be voted for at the special election, there shall be printed upon theballot the name of the director sought to be recalled, and the office which heholds, and the name or names of such other candidates as may be nominated to bevoted for at the special election, and the words For Recall and AgainstRecall shall be omitted.
4. In other respects the ballot shall conform with therequirements of the general election laws of this state.
[4:186:1927; NCL 8209] + [5:186:1927; NCL 8210]
NRS
1. If there are other candidates nominated to be votedfor at the special election, the candidate who receives the highest number ofvotes at the special election shall be deemed elected for the remainder of theterm, whether it is the person against whom the recall petition was filed oranother.
2. If any director is recalled upon a special electionand the other candidates are not nominated to be voted for at the specialelection, the vacancy thereby created shall be filled in the manner provided bylaw.
[6:186:1927; NCL 8211] + [7:186:1927; NCL 8212]
NRS
[Part 8:186:1927; NCL 8213]
NRS
[11:186:1927; NCL 8216]
Miscellaneous Provisions
NRS
(Added to NRS by 1993, 1081; A 1997, 1307)
NRS
(Added to NRS by 1993, 1419)
POWERS AND PURPOSES
General
NRS
1. Do any and every lawful act necessary to be done inorder to accomplish the things and purposes described in this chapter,including exercising on behalf of the district the powers that are conferredupon the board of directors of a water conservancy district pursuant to
2. Manage and conduct the business and affairs of thedistrict.
[Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;1927, 309; 1951, 55](NRS A 1991, 1085)
NRS
[Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;1927, 309; 1951, 55]
NRS
[Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;1927, 309; 1951, 55]
NRS
[Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;1927, 309; 1951, 55]
NRS
[10e:64:1919; added 1935, 135; 1931 NCL 8021.01]
NRS
[11:64:1919; 1919 RL p. 3274; NCL 8022]
NRS
1. At least as often as once a year after the approvalof the plans, the board of directors shall make a report to the State Engineerof the progress of the work of the district and whether or not the planformulated under the provisions of this chapter is being successfully carriedout, and whether or not in the opinion of the board the funds available willcomplete the proposed works.
2. Upon receipt of the report by the State Engineer,he shall make such suggestions and recommendations to the board of directors asmay be necessary to conserve the best interests of the district.
[50:64:1919; 1919 RL p. 3287; NCL 8067]
Property
NRS
[Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;1927, 309; 1951, 55]
NRS
[Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;1927, 309; 1951, 55]
NRS
1. The board of directors is empowered, withoutcalling an election therefor, to lease, in the name of the district, lands,from the United States Government or any other person or corporation, that aresituate within or without the district for use by the water users of thedistrict as a community pasture, under such rules and regulations as the boardmay prescribe. The board shall collect such fees from the owners of livestockusing such pasture as will cover the cost of such lease and operation.
2. In any district whose irrigated acreage is lessthan 50,000 acres, the leasing of lands for use as community pasture is herebydeclared to be a proprietary function of the district. The county assessor ofthe county in which such lands are located shall assess the leasehold interestof the district in such lands for taxation as other lands so used are assessed,and the district shall pay to the ex officio tax receiver of such county thetaxes levied upon the interest so assessed, at the same times as other taxesupon real estate are paid.
3. The board of directors shall apportion the amountof taxes so required to be paid among the several users of the communitypasture, and collect from each his proportionate share in addition to any otherfees charged.
[Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;1927, 309; 1951, 55](NRS A 1967, 1125)
NRS
[Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;1927, 309; 1951, 55]
NRS
1. Any lands bought by an irrigation district at asale for the payment of delinquent taxes or lands otherwise acquired by thedistrict which are not required for the purposes of the district may be donatedto the State or conveyed to any purchaser upon such terms as the board ofdirectors, by unanimous vote, deems to be in the best interests of thedistrict.
2. If there is an adequate supply of water availablefor the land upon which no assessment, tax, charge or toll is owed, the boardof directors may make any desired disposition of the water right appurtenant tothat land.
[10f:64:1919; added 1939, 182; 1931 NCL 8021.02](NRS A 1987, 93)
NRS
1. The board of directors shall have the power toconstruct the works of the district across any stream of water, watercourse,street, avenue, highway, railway, canal, ditch or flume, in such manner as toafford security for life and property; but the board shall restore the samewhen so crossed or intersected to its former state as near as may be or in amanner not unnecessarily impairing its usefulness.
2. If a railroad company or those in control of theproperty, thing or franchise to be crossed cannot agree with the board upon theamount to be paid, or upon the point or points or the manner of crossing orintersecting, the same shall be ascertained and determined as provided in thischapter in respect to the taking of land.
[33:64:1919; 1919 RL p. 3282; NCL 8046]
NRS
1. The right-of-way is hereby given, dedicated and setapart for the purpose of locating, constructing, operating and maintainingirrigation or other works of a district, including reservoirs, over, upon andthrough any of the lands which are now or which may hereafter be the propertyof the State.
2. When such rights-of-way or reservoirs are or willbe occupied by a district for any of the purposes specified in this chapter,the Director of the State Department of Conservation and Natural Resourcesshall, upon receipt of a certificate to that effect from the State Engineer,forthwith withdraw such lands from sale and issue his certificate and notice tothe district affected, stating in substance that such lands have been and shallcontinue to be withdrawn from sale during the period such rights-of-way orreservoirs shall remain in use and operation.
[34:64:1919; A 1935, 135; 1931 NCL 8047](NRS A1957, 656)
NRS
1. All irrigation districts organized under the lawsof the State of Nevada shall have the right of eminent domain with the power byand through their boards of directors to cause to be condemned and appropriatedin the name of and for the use of such districts all reservoirs, canals andworks, with their appurtenances, constructed for the irrigation or drainage ofany lands within the district or for uses incidental thereto, and all landsrequired therefor, and all lands and rights-of-way required for the worksconstructed, or to be constructed, or which may be acquired by the district,and all necessary appurtenances and other property and rights necessary for theconstruction, operation, maintenance, repair and improvement of the works.
2. Such districts shall have the right by and throughtheir boards of directors to acquire by purchase or other legal means any orall of the property mentioned and referred to in this section.
3. In any action or proceedings for the condemnationof any such property wherein an irrigation district is plaintiff, suchdistrict, within 6 months after final judgment, shall pay the amount awarded inthe judgment, or the judgment will be annulled.
4. Except as otherwise provided in this chapter theprovisions of NRS, Nevada Rules of Appellate Procedure and Nevada Rules ofCivil Procedure relative to the right of eminent domain, civil actions and newtrials and appeals shall be applicable to and constitute the rules of practicein condemnation proceedings by irrigation districts.
[35:64:1919; 1919 RL p. 3283; NCL 8048]
NRS
[46:64:1919; 1919 RL p. 3285; NCL 8062]
Water
NRS
1. The board of directors may appropriate or otherwiseacquire water in accordance with the law, and also construct the necessarydams, reservoirs and works for the collection, storage, conservation anddistribution of water for the district and for the drainage of the landsthereof.
2. The collection, storage, conveyance, distributionand use of water by or through the works of irrigation districts organizedbefore, on or after July 1, 1919, together with the rights-of-way for canalsand ditches, sites for reservoirs, electric power and transmission lines, andall other works and property required to carry out fully the provisions of thischapter, is hereby declared to be a public use.
3. The place of use of water appropriated or otherwiseacquired by an irrigation district may be within or outside the boundaries ofthe district, may include all or any part of the lands within the boundaries ofthe district and must be described in any application filed by the district toappropriate or otherwise acquire the water. Water appropriated or acquired bythe district is appurtenant to and may be beneficially used and applied tolands anywhere within the described place of use.
[Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;1927, 309; 1951, 55](NRS A 1991, 1085)
NRS
1. The board of directors shall have power toestablish bylaws, rules and regulations for the distribution and use of waterin the district, and to compel water users, at their expense, to installmeasuring and regulating devices to effect and make a proper distribution ofwater. If the user fails to install any such device when ordered, the districtmay install the same and charge the actual cost thereof to the water user, andsuch charge will be regarded and treated as a cost of distribution andcollected in the same manner from such water user.
2. The bylaws, rules and regulations shall be printedin convenient form for distribution throughout the district.
[Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;1927, 309; 1951, 55]
NRS
1. An owner or an association of owners of waterrights located in an irrigation district may petition the State Engineer toprescribe or clarify rules and regulations relating to the distribution and useof water within the irrigation district. The State Engineer may prescribe orclarify the rules and regulations addressed in the petition.
2. A person may seek judicial review of any actiontaken by the State Engineer pursuant to subsection 1.
(Added to NRS by 1995, 795)
NRS
[53:64:1919; A 1925, 137; NCL 8071]
Electric Power
NRS
1. The board of directors may:
(a) Generate, produce, transmit and sell electric poweror electrical energy in any form in furtherance of the purposes of thischapter.
(b) Acquire or contract for the delivery of electricpower and electric power or transmission lines.
2. In any irrigation district having a reservoir orreservoirs for the storage of water with a capacity of less than 250,000acre-feet, the board may not acquire or contract for the construction oracquisition of electric power or transmission lines at a cost exceeding the sumof $50,000 without first obtaining the approval of the electors of the districtat a special election, district election or primary or general state election.
3. In any irrigation district having a reservoir orreservoirs for the storage of water with a capacity of 250,000 acre-feet ormore, the board may not acquire or contract for the construction or acquisitionof electric power or transmission lines at a cost exceeding the sum of $100,000without first obtaining the approval of the electors of the district at aspecial election, district election or primary or general state election.
[Part 10:64:1919; A 1921, 118; 1923, 289; 1925, 203;1927, 309; 1951, 55](NRS A 1960, 49; 1983, 352; 1993, 1083)
NRS
1. Any proposal to enter into a contract for theacquisition of electric power and transmission lines or to lease or constructthose lines:
(a) Of any irrigation district having one or morereservoirs for the storage of water with a single or combined capacity of lessthan 250,000 acre-feet, where the cost of the proposed acquisition, lease orconstruction exceeds $50,000; or
(b) Of any irrigation district having one or morereservoirs for the storage of water with a single or combined capacity of250,000 acre-feet or more, where the cost of the proposed acquisition, lease orconstruction exceeds $100,000,
must bevoted upon at a special election, district election or primary or general stateelection in the same manner as for the issuance of district bonds.
2. Notice of the election must contain, in addition tothe information required in the case of ordinary bond elections, a statement ofthe maximum cost of the proposal, exclusive of penalties and interest, togetherwith a concise general statement and description of the proposed acquisition orconstruction.
3. The ballots must contain a brief statement of thegeneral purpose for which the election is to be held, and the maximum amount ofthe obligation to be assumed, with the words ................ (Question)Yes,and ................ (Question)No, or ................ (Question) andbondsYes, and ............... (Question) and bondsNo.
4. If the proposal or the proposal and the issuance ofbonds therefor is approved at the election, the board may enter into anycontracts in connection with the proposal which it considers necessary,expedient or desirable, including contracts for:
(a) Construction of the power and transmission lines;
(b) The sale of the power;
(c) The transmission of power;
(d) The operation, maintenance or management of theproject; and
(e) Financing the costs of the project approved in theelection as an alternative to or in addition to any bonds to be issued,
but the sumof the amounts which the district is obligated to pay pursuant to thosecontracts, excluding payments out of the revenue of the project, and any bondsissued must not exceed the amount of the bonds approved in the election andinterest thereon at a rate not exceeding 5 percent above the Index of RevenueBonds which was most recently published before the contract is executed, bidsare received or a negotiated offer is accepted.
5. The board of directors may submit any such contractor proposed contract and bond issue, if any, to the district court of thecounty where the office of the board is located, to determine the validitythereof and the authority of the board to enter into the contract oracquisition, and the authority for and the validity of the issuance and depositand transfer of the bonds in the same manner as for the judicial determinationof the validity of bonds, and with like effect.
[35 1/2:64:1919; added 1923, 289; A 1927, 309; NCL 8049](NRS A 1960, 50; 1983, 353; 1985, 2060; 1993, 1084)
NRS
[80:64:1919; added 1931, 170; 1931 NCL 8097.01](NRS A 1993, 1085)
Drainage
NRS
1. To secure complete drainage of the lands within anyirrigation district, including field drainage and storm drainage, the board ofdirectors is vested with full power to widen, straighten or deepen anywatercourse or remove any obstruction or rubbish therefrom, whether thewatercourse is situated in, outside of or below the district, and, when it isnecessary, straighten or alter the natural watercourse by cutting a new channelupon other lands.
2. The value of the lands to be occupied by the newchannel, and damages, if any, made by the work may be ascertained or paid inthe manner provided for the exercise of the right of eminent domain in thisstate.
3. The expenses of the work provided for in thissection must be paid from money arising from assessments upon lands within thedistrict or in any lawful manner acquired.
[Part 10a:64:1919; added 1923, 289; NCL 8018](NRSA 1991, 1085)
Bids
NRS
[Part 30:64:1919; A 1921, 118; 1925, 203; 1927, 309;NCL 8043]
NRS
[Part 30:64:1919; A 1921, 118; 1925, 203; 1927, 309;NCL 8043]
NRS
[Part 30:64:1919; A 1921, 118; 1925, 203; 1927, 309;NCL 8043]
NRS
[31:64:1919; 1919 RL p. 3282; NCL 8044](NRS A1967, 1241)
COOPERATION
General
NRS
[Part 55:64:1919; 1919 RL p. 3288; NCL 8073]
Cooperation With United States and State of Nevada
NRS
1. To cooperate and contract with the United Statesunder the Federal Reclamation Act of June 17, 1902, and all acts amendatorythereof or supplementary thereto, or any other Act of Congress heretofore orhereafter enacted authorizing or permitting such cooperation.
2. To cooperate and contract with the State of Nevadaunder any laws heretofore or hereafter enacted authorizing or permitting suchcooperation.
[Part 54:64:1919; A 1923, 289; 1933, 271; 1931 NCL 8072]
NRS
1. Construction of works, whether for irrigation ordrainage, or both.
2. Acquisition, purchase, extension, operation ormaintenance of constructed works.
3. Water supply.
4. Electric power and transmission lines.
5. Assumption as principal or guarantor ofindebtedness to the United States on account of district lands or for thecollection of moneys due the United States as fiscal agents or otherwise.
[Part 54:64:1919; A 1923, 289; 1933, 271; 1931 NCL 8072]
NRS
1. For the delivery and distribution of water to thelands of such district under the Acts of Congress specified in
2. For the conveyance to the United States, as partialconsideration for the privileges obtained by the district under the contract,of water rights or other property of the district.
[Part 55:64:1919; 1919 RL p. 3288; NCL 8073]
NRS
1. When a contract has been or may hereafter be madewith the United States, bonds of the district may be transferred to ordeposited with the United States, if so provided by the contract and authorizedas set forth in this chapter, at not less than 95 percent of their par value atthe amount or any part thereof to be paid by the district to the United States.
2. The interest on or principal of the bonds, or both,must be raised by assessment and levy as prescribed in this chapter and beregularly paid to the United States and applied as provided in the contract.
3. Bonds transferred to or deposited with the UnitedStates may call for the payment of that interest, which must not exceed by morethan 5 percent the Index of Revenue Bonds which was most recently publishedbefore the bids are received or a negotiated offer is accepted, may be of suchdenomination, and may call for the repayment of the principal at such times asmay be agreed upon between the board and the Secretary of the Interior.
[Part 55:64:1919; 1919 RL p. 3288; NCL 8073](NRS A1971, 2126; 1975, 875; 1981, 1418; 1983, 586; 1985, 2061)
NRS
1. The contract with the United States may also callfor the payment of the amount or any part thereof to be paid by the district tothe United States at such times and in such installments and with such interestcharges, which must not exceed by more than 5 percent the Index of RevenueBonds which is in effect at the time the agreement is made, as may be agreedupon, and for assessment and levy therefor as provided in this chapter.
2. The obligations of those contracts are a prior liento any subsequent bond issue.
[Part 55:64:1919; 1919 RL p. 3288; NCL 8073](NRS A1971, 2127; 1975, 875; 1981, 1418; 1983, 586; 1985, 2062)
NRS
1. All water delivered to the district or the right tothe use of which is acquired by the district, under any contract with theUnited States, shall be distributed and apportioned by the district inaccordance with the Acts of Congress applicable thereto, the rules andregulations of the Secretary of the Interior thereunder, and the provisions ofthe contract. Provision may be made in the contract between the district andthe United States for the refusal of water service to any or all lands whichmay become delinquent in the payment of any assessment, toll or charge leviedor imposed for the purpose of carrying out any contract between the districtand the United States.
2. In case of a contract with the United States underwhich the district assumes the operation and maintenance of the existing works,assessments, tolls and charges may be levied or imposed by the board ofdirectors, as provided in this chapter, to raise the sums required annuallytherefor, including amounts due the United States under the contract.
[57:64:1919; 1919 RL p. 3289; NCL 8075]
NRS
[Part 55:64:1919; 1919 RL p. 3288; NCL 8073]
NRS
1. When a contract shall have been entered into and isin force and effect between the United States and any irrigation district, thedistrict shall not be dissolved, nor shall the boundaries be changed, exceptupon written consent of the Secretary of the Interior, filed with the officialrecords of the district.
2. If such consent is given and lands are excluded,the areas excluded shall be free from all liens and charges for payments tobecome due to the United States.
[Part 62:64:1919; 1919 RL p. 3291; NCL 8080]
NRS
[Part 55:64:1919; 1919 RL p. 3288; NCL 8073]
NRS
1. In any case where an irrigation district isappointed fiscal agent of the United States in connection with any federalreclamation project, or by the United States, or under a contract therewith isauthorized or required to make collection of moneys on behalf of the UnitedStates, or for payments due the United States under any such contract, eachdirector of the district, and the secretary and the treasurer thereof, shallexecute a further and additional bond in such sum as the Secretary of theInterior may require, conditioned for the faithful discharge of the duties ofhis office, or as fiscal or other agent of the United States, or both.
2. Any such bonds may be sued upon by the UnitedStates or any person injured by the failure of such officer or officers of thedistrict to perform fully, promptly or completely their respective duties.
3. This requirement shall apply to the directors of adivision and, insofar as applicable, to the officers of a district acting inthat relation, in case of a contract between the United States and suchdivision.
4. In all cases of contracts with the United States asdescribed above, the board of directors of the district, or of a divisionthereof, and the secretary and treasurer of a district, shall at any time allowany officer or employee of the United States, when acting under the order ofthe Secretary of the Interior, to have access to all books, records anddocuments which are in the possession or control of such officers.
[65:64:1919; 1919 RL p. 3293; NCL 8083]
NRS
[58:64:1919; 1919 RL p. 3290; NCL 8076]
NRS
[Part 56:64:1919; 1919 RL p. 3289; NCL 8074](NRS A1993, 1085)
NRS
1. A statement of the maximum amount of money to bepayable to the United States for construction purposes, costs of water supplyand acquisition of property, exclusive of penalties and interest.
2. A general statement of the property, if any, to beconveyed by the district as provided in this chapter.
[Part 56:64:1919; 1919 RL p. 3289; NCL 8074]
NRS
[Part 56:64:1919; 1919 RL p. 3289; NCL 8074]
NRS
[Part 56:64:1919; 1919 RL p. 3289; NCL 8074]
NRS
[Part 62:64:1919; 1919 RL p. 3291; NCL 8080](NRS A1967, 1241)
NRS
[Part 59:64:1919; A 1927, 309; NCL 8077]
NRS
[Part 59:64:1919; A 1927, 309; NCL 8077]
NRS
1. The assessment required in any year to meet thepayment due to the United States under the contract may be in accord with anapportionment of benefits made in or in pursuance of such contract.
2. In the ascertainment of such benefits there shallbe taken into account:
(a) The provisions of the contract between the UnitedStates and the district, the federal laws applicable thereto, and the noticeand regulations issued in pursuance of those laws.
(b) In addition, in case such contract is for theassumption by the district as principal or guarantor of indebtedness to theUnited States theretofore existing on account of district lands, the provisionsof existing contracts carrying such indebtedness and the amounts of such liensas may be released in pursuance of the contract between the United States andthe district.
[61:64:1919; 1919 RL p. 3291; NCL 8079]
NRS
[Part 59:64:1919; A 1927, 309; NCL 8077]
NRS
[Part 59:64:1919; A 1927, 309; NCL 8077]
NRS
1. All moneys collected in pursuance of the contractby assessment and levies or otherwise, and to be paid to the United States,shall be paid into the district treasury and held in a fund to be known as theUnited States Contract Fund, to be used for payments due to the United Statesunder any such contract.
2. Any surplus moneys that may remain in the UnitedStates Contract Fund after any annual or semiannual payment due the UnitedStates under the terms of the contract has been fully paid may be transferredto the operation and maintenance fund.
[Part 59:64:1919; A 1927, 309; NCL 8077]
NRS
1. The board of directors may also provide by contractwith the United States for the release of mortgages or liens given or reservedto the United States upon district lands, and may provide for the assumption bythe district, either as principal or guarantor, of indebtedness to the UnitedStates on account of district lands, and apportion to each tract of land soreleased benefits in the amount of the obligations to the United States soprovided to be released.
2. The contract between the district and the UnitedStates may provide for the collection and payment of indebtedness so incurredor assumed by the district and the tax or assessment for the same at the sametimes and in the same amounts or installments provided in the federalreclamation laws. If so provided in the contract, such taxes and assessmentsshall become delinquent at the same dates provided in the Act of Congress ofAugust 13, 1914, being c. 247, 38 Stat. 686, known as the Reclamation ExtensionAct. If it is provided in the contract that the United States waives anypenalties for delinquency other or greater than those named in the ReclamationExtension Act, then, instead of the penalties otherwise provided in state laws,the penalties for delinquency in the payment of that part of the taxrepresenting the special assessment for payment of the obligations of thedistrict to the United States shall be the penalties named in the ReclamationExtension Act, and the amount required to be paid in case of any redemptionfrom any tax sale or tax judgment shall be determined by figuring the partthereof due to the United States upon the basis of the amount of such specialassessment levied for the purpose of paying the United States plus thepenalties named in the Reclamation Extension Act.
3. The board shall have full power to do any and allthings required by the federal statutes now or hereafter enacted in connectiontherewith, and all things required by the rules and regulations now or that mayhereafter be established by any department of the Federal Government in regardthereto.
[60:64:1919; 1919 RL p. 3290; NCL 8078]
NRS
[64:64:1919; 1919 RL p. 3292; NCL 8082]
NRS
[Part 63:64:1919; 1919 RL p. 3291; NCL 8081]
Cooperation With Counties
NRS
1. In addition to the powers with which irrigationdistricts are or may be vested under the laws of the State, irrigationdistricts shall have the power to cooperate and contract with the county orcounties in which any of the lands of the district may be situated for thefollowing purposes:
(a) Acquisition of lands within the district purchasedby the county at delinquent tax sales.
(b) Recovering for the district its proportion ofdelinquent taxes from the proceeds of the sale of such lands by the county.
(c) Adjustment of all matters growing out of the salesof lands within the district on account of delinquent taxes.
2. The proper county officials are also so authorizedto contract.
[Part 54:64:1919; A 1923, 289; 1933, 271; 1931 NCL 8072]
Cooperation With Other Districts
NRS
[1:188:1919; 1919 RL p. 3307; NCL 8232]
NRS
[Part 2:188:1919; 1919 RL p. 3307; NCL 8233]
NRS
[Part 2:188:1919; 1919 RL p. 3307; NCL 8233]
NRS
[Part 3:188:1919; 1919 RL p. 3308; NCL 8234]
NRS
[Part 3:188:1919; 1919 RL p. 3308; NCL 8234]
NRS
[4:188:1919; 1919 RL p. 3308; NCL 8235]
NRS
[5:188:1919; 1919 RL p. 3308; NCL 8236]
NRS
[6:188:1919; 1919 RL p. 3308; NCL 8237]
Privileges of Districts of Adjoining States
NRS
[1:180:1941; 1931 NCL 8258]
NRS
[2:180:1941; 1931 NCL 8258.01]
NRS
[3:180:1941; 1931 NCL 8258.02]
DIVISIONS IN IRRIGATION DISTRICTS
Improvements
NRS
[Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]
NRS
[Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]
NRS
1. One local director shall hold office until hissuccessor is elected at the next biennial district election and qualifies, andthe other local director shall hold office until his successor is elected atthe second biennial district election after his appointment and qualifies.
2. The terms of such local directors shall bedetermined by lot, and their successors shall be elected for 4-year terms atthe biennial elections.
3. The two local directors, with the director of thedistrict from the division, shall constitute the local board of such division.
4. The directors of the district shall fill anyvacancy in the office of local director of a division by the appointment of aqualified elector from the division in which the vacancy occurs.
[Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]
NRS
[Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]
NRS
[Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]
NRS
1. The board of directors of the district may:
(a) Incur an indebtedness not exceeding, in theaggregate, the sum of $15,000, and not exceeding the estimated cost ofpreliminary surveys and engineering data; and
(b) Cause warrants of the district to issue therefor,bearing interest at a rate which does not exceed by more than 5 percent theIndex of Revenue Bonds which was most recently published before the bids arereceived or a negotiated offer is accepted.
2. The directors of the district may levy anassessment on all the lands in a division benefited by the proposedimprovements, in addition to any assessment by the district on the lands withinthe division, for the payment of the expenses and the redemption of thewarrants.
[Part 49:64:1919; A 1921, 118; 1923, 289; 1951,438](NRS A 1971, 2127; 1975, 875; 1981, 1418; 1983, 586; 1985, 2062)
NRS
[Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]
NRS
[Part 49:64:1919; A 1921, 118; 1923, 289; 1951,438](NRS A 1993, 1085)
NRS
1. The secretary of the district shall give notice ofthe purpose, time and place of such election, naming the polling place andinspectors and clerks of the election suggested by the local board.
2. The notice shall be published in the mannerprovided in this chapter for an election for special assessments in thedistrict.
[Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]
NRS
[Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]
NRS
[Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]
NRS
[Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]
NRS
[Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]
NRS
[Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]
NRS
[Part 49:64:1919; A 1921, 118; 1923, 289; 1951,438](NRS A 1993, 1085)
NRS
[Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]
NRS
[Part 49:64:1919; A 1921, 118; 1923, 289; 1951, 438]
Cooperation and Contracts With United States
NRS
[Part 63:64:1919; 1919 RL p. 3291; NCL 8081]
NRS
[Part 63:64:1919; 1919 RL p. 3291; NCL 8081]
NRS
[Part 63:64:1919; 1919 RL p. 3291; NCL 8081](NRS A1993, 1085)
NRS
[Part 63:64:1919; 1919 RL p. 3291; NCL 8081]
NRS
[Part 63:64:1919; 1919 RL p. 3291; NCL 8081]
NRS
[Part 63:64:1919; 1919 RL p. 3291; NCL 8081](NRS A1993, 1086)
NRS
1. Where local drains, laterals or improvements are tobe constructed, or existing works or structures replaced or extended, and arethereafter to be operated and maintained by the division, the local board shallhave power to levy assessments and to impose tolls or charges to raise themoney required for such operation and maintenance, including amounts due theUnited States in that relation.
2. The works described in the contract with the UnitedStates shall be constructed, replaced or extended by such local board ofdirectors, and the money raised by such special assessment therefor or for theoperation and maintenance thereof shall be collected, kept and disbursed, andthe apportionment of benefits made, as provided in this chapter, when adivision of the district is authorized to provide for local undertakings thebenefits of which are limited to such division.
[Part 63:64:1919; 1919 RL p. 3291; NCL 8081]
IMPROVEMENT DISTRICTS IN IRRIGATION DISTRICTS
General
NRS
[Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;NCL 8066]
NRS
[Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;NCL 8066]
NRS
[Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;NCL 8066](NRS A 1971, 2127; 1975, 875; 1981, 1418; 1983, 586; 1985, 2062)
NRS
[Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;NCL 8066](NRS A 1977, 1237)
NRS
[Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;NCL 8066](NRS A 1977, 1237; 1993, 1086)
NRS
[Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;NCL 8066](NRS A 1993, 1086)
NRS
[Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;NCL 8066](NRS A 1967, 1216)
NRS
[Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;NCL 8066](NRS A 1977, 1237; 1993, 1086)
NRS
1. If the proposed improvement is carried by a vote oftwo-thirds of the qualified electors voting at such election, the board ofdirectors shall petition the district court of the county in which theprincipal office of the district is located for confirmation of all of theproceedings in respect to such local improvement in the manner prescribed inthis chapter for the confirmation of other proceedings by the district.
2. Upon the filing of such petition in court the judgeof the court shall fix a time and place for the hearing thereof, giving noticeof at least 2 weeks of such hearing by publication in a newspaper of generalcirculation published in the county and also by posting three copies of suchnotice at conspicuous points or places in the improvement district.
3. Upon the hearing before the court upon thepetition, any person interested may be heard, and at such hearing the court maycorrect any error in the matter of apportionment of benefits or in any of theproceedings.
[Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;NCL 8066]
NRS
[Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;NCL 8066](NRS A 1967, 1216; 1993, 1086)
NRS
1. Upon confirmation by the district court of theproceedings in respect to such local improvement, including all assessments ofbenefits, and upon the approval of the Department of Taxation and thecertification of the State Controller, as provided for in
2. The proceeds of the sale shall be deposited in aspecial fund to be designated Improvement District No. ........ Fund, andthereupon the board of directors shall proceed with the improvement.
[Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;NCL 8066](NRS A 1977, 1237)
NRS
1. The securities, whether bonds, notes orcertificates of indebtedness, when issued, shall be executed by the officers ofthe district in the manner prescribed in this chapter for the execution ofbonds.
2. Bonds shall be issued in the name of theimprovement district and when issued shall be a lien upon the land includedtherein.
[Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;NCL 8066]
NRS
1. For the payment of interest and the redemption ofthe bonds, notes or certificates of indebtedness, the board of directors shalllevy annual assessments for the amount of interest and the redemption of thebonds, notes or certificates of indebtedness upon the lands affected by thelocal improvement according to the apportionment of benefits, and theassessments shall be delivered to the secretary of the district and by himentered in the assessment book or books thereof.
2. Such assessment or assessments and the collectionthereof shall thereafter take the same course as assessments of the district asprovided in this chapter.
[Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;NCL 8066]
NRS
1. Prior to the issuance of bonds, notes orcertificates of indebtedness authorized for the purpose of such localimprovement, any person, firm or corporation owning land upon which a benefithas been assessed for such improvement may pay all or any portion of thebenefits so assessed against the land, and, upon such payment, the benefit soassessed shall be discharged to the extent of such payment.
2. No such payment may be made after the issuance ofbonds, notes or certificates of indebtedness authorized to be issued in paymentof such improvement except as provided by the district.
[Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;NCL 8066]
NRS
[49 1/2c:64:1919; added 1947, 303; 1943 NCL 8066.03]
NRS
[Part 49 1/2:64:1919; added 1923, 289; A 1929, 286;NCL 8066]
Funding and Refunding Bonds
NRS
1. The board of directors of any irrigation districtmay cause funding or refunding bonds to be issued for the purpose of funding orrefunding any or all outstanding bonds, notes or certificates of indebtednessof any improvement district in the irrigation district.
2. Such funding or refunding bonds shall, except asotherwise provided in NRS 539.463 to
[Part 49 1/2a:64:1919; added 1935, 7; 1931 NCL 8066.01](NRS A 1977, 1238)
NRS
1. If the proposed plan for the funding or refundingof bonds, notes or certificates of indebtedness is approved by the Departmentof Taxation, the board of directors of the irrigation district shall submit thequestion concerning authorization of the plan for the funding or refunding ofbonds to the electors of the district at a special election or the nextdistrict election or primary or general state election.
2. The result of the election must be determined anddeclared substantially in the same manner as provided by this chapter for theissuance of other bonds of improvement districts in irrigation districts,except that a majority vote only is required for the authorization of thosefunding or refunding bonds.
3. The maturity of the funding or refunding bonds mustbe fixed by the board of directors of the irrigation district, subject to theapproval of the Department of Taxation, but in no case may the maturity of anyof the bonds be more than 40 years from the date thereof. The rate of intereston those bonds must not exceed by more than 5 percent the Index of RevenueBonds which was most recently published before the bids are received or anegotiated offer is accepted, payable semiannually.
[Part 49 1/2a:64:1919; added 1935, 7; 1931 NCL 8066.01](NRS A 1971, 2127; 1975, 876; 1977, 1238; 1981, 1419; 1983, 587; 1985,2062; 1993, 1087)
NRS
1. If the issuance of such funding or refunding bondsis carried by a vote of a majority of the qualified electors of the improvementdistrict voting at the election, the board of directors shall petition thedistrict court of the county in which the principal office of the district islocated for confirmation of all of the proceedings in respect to the issuanceof such funding or refunding bonds in the manner prescribed in this chapter forthe confirmation of other proceedings by the district.
2. The proceedings on the petition shall besubstantially the same as provided by NRS539.443 for the confirmation of proceedings in respect to local improvementsin an irrigation district.
[Part 49 1/2a:64:1919; added 1935, 7; 1931 NCL 8066.01]
NRS
1. The apportionment of benefits made in connectionwith the issuance of the bonds, notes or certificates of indebtedness of suchlocal improvement district so refunded shall be applicable to assessments madefor the payment of principal and interest of such funding or refunding bonds.
2. For the payment of such principal and interest, theboard of directors of the irrigation district shall levy annual assessments forthe amount of interest and redemption of such funding or refunding bonds uponthe lands affected by the local improvement according to such apportionment ofbenefits, and the provisions of NRS 539.423to 539.460, inclusive, relating toassessments are hereby made applicable to funding or refunding bonds issuedunder the authority of NRS 539.463 to
[Part 49 1/2a:64:1919; added 1935, 7; 1931 NCL 8066.01]
NRS
[Part 49 1/2a:64:1919; added 1935, 7; 1931 NCL 8066.01](NRS A 1977, 1238)
NRS
1. Any funding or refunding bonds of a localimprovement district authorized to be issued may be sold from time to time inthe same manner as other bonds of the irrigation district, or may be exchangedfor outstanding bonds, notes or certificates of indebtedness of the improvementdistrict.
2. Any outstanding bonds, notes or certificates ofindebtedness so funded or refunded or exchanged must be immediately cancelledby the treasurer.
[49 1/2b:64:1919; added 1935, 7; 1931 NCL 8066.02](NRS A 1981, 491)
FINANCIAL ORGANIZATION
General Financial Provisions
NRS
[Part 14:64:1919; A 1921, 118; 1927, 309; NCL 8025]
NRS
1. For the purpose of organization or any of thepurposes of this chapter, the board of directors may incur an indebtedness notexceeding in the aggregate the sum of $350,000, and may cause warrants ornegotiable notes of the district to issue therefor, bearing interest which mustnot exceed by more than 5 percent the Index of Revenue Bonds which was mostrecently published before the bids are received or a negotiated offer isaccepted. The board may levy an assessment on all lands in the district for thepayment of those expenses.
2. Thereafter the board may levy an annual assessment,in the absence of assessments therefor pursuant to any of the other provisionsof this chapter, of not more than $1.50 per acre on all lands in the districtfor the payment of the ordinary and current expenses of the district, includingthe salaries of officers and other incidental expenses. The assessment must becollected as provided in this chapter for the collection of other assessments.
[Part 14:64:1919; A 1921, 118; 1927, 309; NCL 8025](NRS A 1960, 49; 1967, 988; 1971, 2128; 1973, 278; 1975, 876; 1981, 491,582, 1419; 1983, 587; 1985, 2063; 1991, 8)
NRS
1. The district treasurer shall report to the board ofdirectors in writing on the first Monday in each month the amount of money inthe construction fund, the bond fund and the general fund, and the amountsreceived and paid out in the preceding month.
2. The district treasurer shall make such otherreports and accounting as the board may require.
3. All reports shall be verified and filed with thesecretary of the board.
[Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;1955, 27]
NRS
[51a:64:1919; added 1929, 286; A 1947, 90; 1943 NCL 8069]
NRS
[51:64:1919; A 1951, 47; 1954, 20]
NRS
[Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;1955, 27]
Funds
NRS
1. Construction fund.
2. Bond fund.
3. General fund.
[Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;1955, 27]
NRS
[Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;1955, 27]
NRS
[Part 32:64:1919; A 1927, 309; NCL 8045]
NRS
[Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;1955, 27]
NRS
[Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;1955, 27]
NRS
1. Surplus money in the bond fund may be placed atinterest or invested in approved interest-bearing securities.
2. If, after a full redemption of any bond issue, asurplus then remains in the bond fund, such surplus may, by resolution of theboard of directors, be transferred to the general fund.
[Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;1955, 27](NRS A 1981, 492)
NRS
[Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;1955, 27]
NRS
[Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;1955, 27]
NRS
1. To defray the organization and current expense ofthe district, and of the care, operation, maintenance, management, repair, andnecessary current improvement or replacement of existing works and property,including salaries and wages of officers and employees and other properincidental expenditures, the board may:
(a) Fix rates of tolls or charges, and provide for thecollection thereof by the district treasurer as operation and maintenance, orsome like designation; or
(b) Levy assessments therefor, or for a portionthereof, collecting the balance as tolls or charges.
The boardmay provide for the fixing, levying and collection of a minimum, flat or statedoperation and maintenance assessment, toll or charge per acre, whether water isused or not, and a further operation and maintenance toll or charge for waterused in excess of the amount delivered for the minimum charge, or the board mayadopt other reasonable methods of fixing and collecting the operation and maintenancecharges.
2. Assessments, tolls and charges may be collected inadvance, and the assessment and such tolls and charges may be based upon anestimate of the operation and maintenance revenue required for the current orensuing year, to be adjusted as near as may be from year to year.
3. Water service may be refused and water delivery maybe shut off whenever there is a default in the payment of operation andmaintenance, but all other legal remedies must also be available for theenforcement of the debt.
4. The assessments, tolls and charges must becollected by the treasurer and deposited in the general fund or operation andmaintenance fund, and he shall account therefor and disburse the same asprovided in this chapter.
5. The assessments, tolls or charges fixed by theboard of directors for the payment of operation and maintenance expenses, asprovided in this chapter, are a lien upon all lands entitled to receive waterfrom the irrigation district system of works, as of the date fixed by the boardof directors for the payment of the assessments, tolls or charges, whetherwater is delivered to such lands or not.
6. If the ownership of the land upon which a lien isimposed pursuant to subsection 5 is severed from the ownership of the right touse the water, the lien remains in effect on the land until:
(a) The place of use of the water is changed to landupon which a lien is imposed pursuant to subsection 5, if:
(1) The change is in accordance with applicablestatutes and regulations of Nevada; or
(2) On a stream system where a decree of courthas been entered, the change is in accordance with the decree or any rulesadopted pursuant to the decree; or
(b) The owner of the right to use the water enters intoa written agreement with the irrigation district for the payment ofassessments, tolls or charges required pursuant to this section. Except asotherwise provided in this paragraph, the payment must be secured by the rightto use the water in a manner that is satisfactory to the irrigation district.If the owner of the right to use the water is the Federal Government or one ofits agencies, or the State of Nevada or one of its agencies or political subdivisions,the agreement is not required to be secured in such a manner.
[Part 32:64:1919; A 1927, 309; NCL 8045](NRS A
NRS
1. Subject to the limitations contained in subsection2, the board of directors may expend money from the general fund and the operationand maintenance fund for the development, operation and maintenance ofrecreational grounds.
2. In any irrigation district having a reservoir orreservoirs for the storage of water with a capacity of:
(a) Less than 250,000 acre-feet, the expendituresauthorized by subsection 1 may not exceed the sum of $1,000 in any 1 year.
(b) 250,000 acre-feet or more, the expendituresauthorized by subsection 1 may not exceed the sum of $25,000 in any 1 year.
[75:64:1919; added 1929, 286; NCL 8093](NRS A 1960,48; 1981, 583)
NRS
[78:64:1919; added 1929, 286; NCL 8096]
NRS
1. The treasurer of the district is authorized andrequired to receive and receipt for and to collect the moneys accruing to theconstruction fund, the bond fund and the general fund, and to place the same tothe credit of the district in the appropriate fund.
2. The treasurer shall be responsible upon hisofficial bond for the safekeeping and disbursement of the moneys in such funds.
[Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;1955, 27]
NRS
[Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;1955, 27]
NRS
1. The board of directors may establish rules andregulations and prescribe the conditions under which the treasurer may makedisbursements from the general and operation and maintenance funds, but nopayments from any of the other funds of the district shall be made by thetreasurer except upon vouchers signed by the president and secretary, afterbeing first authorized by order of the board.
2. Salaries or expenses incurred by any member or officerof the board of directors must be approved at a meeting of the board before thevoucher therefor is signed by the president and secretary.
[Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;1955, 27]
NRS
[Part 23:64:1919; A 1921, 118; 1927, 309; 1929, 286;1955, 27]
Deposits
NRS
[Part 10d:64:1919; added 1929, 286; A 1933, 271; 1931NCL 8021](NRS A 1999,1510)
NRS
[Part 10d:64:1919; added 1929, 286; A 1933, 271; 1931NCL 8021]
NRS
1. For the security of such deposits there shall bedelivered to the treasurer of the irrigation district a bond or bonds of acorporate surety qualified to act as sole surety on bonds or undertakingsrequired by the laws of this state, and approved by the Commissioner ofInsurance as a company possessing the qualifications required for the purposeof transacting a surety business within this state. The penal amount of such bondor bonds shall at no time be less than the amount of money deposited by theirrigation district with such depositary. The bond or bonds shall secure andguarantee the full and complete repayment to the irrigation district or thepayment to its order of all money so deposited, together with interest thereon.The premium for such corporate surety bond or bonds, in the discretion of theboard of directors of the irrigation district, may be paid out of the money sodeposited or may be required to be paid by the depositary.
2. The depositary may, in lieu of the corporate suretybond or bonds, deposit with the treasurer of the irrigation district treasurynotes or United States bonds, or other securities which are legal investmentsfor savings banks and credit unions in this state, the market value of whichshall at all times equal the amount of money so deposited, as collateralsecurity, and such securities shall be placed by the treasurer in escrow insome bank or credit union other than the depositary of the money of the district.In the event of the failure of the depositary to repay such money to the districton demand, or to pay the same to its order, the securities so placed in escrowshall be redelivered to the treasurer and may be sold by him with or withoutnotice, and the proceeds thereof used to reimburse the district.
[Part 10d:64:1919; added 1929, 286; A 1933, 271; 1931NCL 8021](NRS A 1999,1510)
BONDS
Bonds for Purchase and Construction
NRS
[Part 15:64:1919; A 1921, 118; NCL 8026]
NRS
1. The board of directors shall cause such surveys andexaminations to be made as will furnish a proper basis for an estimate of thecost of carrying out the construction work.
2. All such surveys, examinations, maps, plans, andestimates shall be made under the direction of a competent irrigation engineerand certified by him.
[Part 15:64:1919; A 1921, 118; NCL 8026]
NRS
[Part 15:64:1919; A 1921, 118; NCL 8026](NRS A1993, 1087)
NRS
1. Notice of the election must be given by:
(a) Posting notices in three public places in eachelection precinct in the district not less than 15 nor more than 20 days beforethe date of election; and
(b) Publication thereof for 3 weeks in some newspaperpublished in the county where the district was organized.
2. The notice of the election held pursuant to
(a) The time of holding the election.
(b) The amount of bonds proposed to be issued.
(c) The maximum rate of interest.
(d) In substance that such plans and estimates as havebeen made are on file for inspection by the electors of the district at theoffice of the board.
[Part 15:64:1919; A 1921, 118; NCL 8026](NRS A1981, 1420; 1993, 1087)
NRS
[Part 15:64:1919; A 1921, 118; NCL 8026]
NRS
1. The secretary of the district shall prepare fromthe book of assessments a list of all electors qualified by an ownership ofland which meets the conditions prescribed in paragraphs (a), (b) and (c) ofsubsection 1 of NRS 539.123, showing thenumber of acres listed to each such elector, or the percentage interest inacreage held by each elector who holds an undivided interest in land.
2. At the time and place appointed for the election,the list must be open for inspection. If both spouses vote with respect toacreage in which their interest is community property, the number of votesattributed to that acreage must be divided equally between them. If one holderof an undivided interest votes with the consent of his fellow holders, theentire acreage must be attributed to him.
3. An elector is entitled to vote on the proposalaccording to the land which he owns outright, as follows:
(a) Ten acres or less, one vote;
(b) For each additional 10 acres or a part thereof, upto and including 200 acres, one additional vote; and
(c) For each additional 100 acres or a part thereofabove 200 acres, one additional vote.
The districtshall issue a separate ballot for each vote which an elector is entitled tocast.
4. If two or more persons hold undivided or communityinterests in land, each is entitled to cast a percentage of the respectivevotes otherwise allowed pursuant to subsection 3 that is equal to hispercentage interest in that land, except that, if pursuant to this subsectionthose persons are entitled to a fractional interest in a vote, that vote mayonly be cast by one of those persons upon presenting the written consent of hisfellow holders.
5. A guardian, executor, administrator or trusteeshall be deemed the holder of title or evidence of title to the land in theState for which he is the guardian, executor, administrator or trustee, and hasthe right to vote pursuant to this section. If there is more than one guardian,executor, administrator or trustee, they must designate one of their number tovote pursuant to this section.
6. Corporations, partnerships or limited-liabilitycompanies holding land in the district shall be deemed persons entitled toexercise all the rights of natural persons, and the president of such acorporation, the general partner of such a partnership, the manager of such alimited-liability company, or any other person authorized in writing by thepresident of the corporation, the general partner of the partnership or themembers of the limited-liability company, may cast the vote of the corporation,partnership or limited-liability company pursuant to this section. If apartnership has more than one general partner, the general partners mustdesignate one of their number to cast the vote of the partnership pursuant tothis section. If a limited-liability company:
(a) Has more than one manager, the managers mustdesignate one of their number to cast the vote of the limited-liability companypursuant to this section.
(b) Does not have a manager, the members must designateone of their number to cast the vote of the limited-liability company pursuantto this section.
7. Designations or written consents for the purposesof voting as authorized pursuant to this section must be filed with thedistrict not later than 14 days before the election.
8. At the end of the time appointed for voting, thesecretary of the district shall determine the total number of votes cast approvingthe proposal and shall declare it passed if the proposal is approved by amajority of the votes cast.
9. If the proposal is not so approved, it is rejectedand the result must be entered of record.
10. No informalities in conducting the electioninvalidate the result if the election is fairly conducted and the result can beclearly ascertained.
11. For the purposes of this section, eligibility tovote and the number of acres listed to each elector must be determined from thecurrent book of assessments. The board may by regulation permit holders of realproperty in the district to establish eligibility to vote by providing proof ofacquisition of an interest in real property in the district since the lastassessment roll was closed.
[Part 15:64:1919; A 1921, 118; NCL 8026](NRS A1967, 1215; 1969, 509; 1979, 481; 1981, 517; 1985, 2063; 1989, 1174; 1991,1086; 1997, 1308)
NRS
[Part 15:64:1919; A 1921, 118; NCL 8026](NRS A1993, 1087)
NRS
1. Whenever the electors shall have authorized anissue of bonds, the board of directors shall examine the land in the district,and shall determine the benefits which will accrue to each tract or subdivisionfrom the construction or purchase of the works proposed for the district; andthe costs of such work shall be apportioned or distributed over such tracts orsubdivisions of land in proportion to such benefits.
2. The board shall make, or cause to be made, a listof such apportionment or distribution, which list shall contain a completedescription of each subdivision or tract of land of such district with theamount and rate per acre of such apportionment or distribution, and the name ofthe owner thereof, or it may prepare a map on a convenient scale showing eachof the subdivisions or tracts with the rate per acre of such apportionmententered thereon.
3. Where all or any portion of the lands areapportioned a benefit by the board at the same rate, a general statement tothat effect shall be sufficient.
4. Whenever thereafter an assessment is made, eitherin lieu of bonds, or an annual assessment for raising the interest on bonds, orany portion of the principal, or the expenses of maintaining the property ofthe district, or any special assessment voted by the electors, it shall bespread upon the lands in the same proportion as the assessments of benefits,and the whole amount of the assessments of benefits shall equal the amount ofbonds or other obligations authorized at the election.
5. The benefits arising from the undertakings forwhich special assessments are made may be distributed equally over the lands, orespecially apportioned, and assessments or tolls and charges may be made orimposed, when coming within the designation of operation and maintenancecharges, by way of a minimum stated charge per acre whether water is used ornot, and a charge for water used in excess of the amount delivered for theminimum charge, or such other reasonable method of fixing or collecting theoperation and maintenance charge as the board of directors may adopt.
6. Where drainage works are to be constructed,benefits may be apportioned to higher lands which are or may be irrigated froma common source or combined sources and by the same system or combined systemsof works not then actually requiring drainage by reason of the fact that theirirrigation contributes, or will, if irrigated, contribute water which must becarried off or away from the lower lands.
[17:64:1919; A 1921, 118; NCL 8028]
NRS
1. Before final action upon the apportionment of benefitsprovided for in NRS 539.560, the boardshall publish notice for 2 weeks in a newspaper published in the county inwhich the organization was effected that it will meet at its office on the daystated in the notice for the purpose of reviewing such apportionment ofbenefits.
2. At such meeting the board shall proceed to hear allpersons interested who may appear, and it shall continue in session from day today until the apportionment is completed.
3. The board shall hear and receive all evidenceoffered, including any maps or surveys which any owners of lands may produce,and may classify the lands in such a way that the assessment when completedshall be just and equitable.
4. Any person interested who shall fail to appearbefore the board shall not be permitted thereafter to contest theapportionment, or any assessment thereunder, except upon a special applicationto the court in the proceeding for confirmation of the apportionment, showingreasonable excuse for failing to appear before the board.
5. If any elector makes objection to the apportionmentbefore the board, and the objection is overruled and such elector does notconsent to the apportionment as finally determined, such objection shall,without further proceedings, be heard at the confirmation proceedings.
[18:64:1919; 1919 RL p. 3277; NCL 8029]
NRS
1. The board of directors of the district shall filewith the clerk of the district court in and for the county in which its officeis situated a petition praying in effect that the proceedings be examined,approved and confirmed by the court.
2. The petition shall state generally that:
(a) The irrigation district was duly organized.
(b) The first board of directors was elected.
(c) Due and legal proceedings were taken to issuebonds, stating the amount thereof.
(d) An apportionment of benefits was made by the boardand a list thereof duly filed according to law.
3. A list of the apportionment shall be attached tothe petition, but the petition need not state other facts.
4. Such petition for confirmation of the proceedingsthus far had may be filed after the organization of the district is complete,or after the authorization of any issue of bonds, or after any otherundertaking of the district.
5. The court or judge shall fix the time and place forthe hearing of any such petition, and the clerk shall publish a notice thereoffor 2 consecutive weeks in a newspaper published in the county.
6. Any person interested may on or before the dayfixed for the hearing answer the petition.
7. None of the pleadings need be sworn to, and everymaterial statement of the petition not controverted by answer shall be taken astrue. A failure to answer the petition shall be deemed to be an admission ofthe material allegations thereof.
8. The rules of pleading and practice provided by lawand the Nevada Rules of Civil Procedure shall be followed so far as applicable.A motion for a new trial, and all proceedings in the nature of appeals orrehearings, may be had as in any ordinary civil action.
[19:64:1919; 1919 RL p. 3278; NCL 8030]
NRS
1. Upon the hearing of the petition, the court shallexamine all the proceedings sought to be confirmed and may ratify, approve andconfirm the same or any part thereof; and when an apportionment of benefits isexamined all objections thereto, including those made at the hearing before theboard, shall be set up in the answer and heard by the court.
2. The court shall disregard every error, irregularityor omission which does not affect the substantial rights of any party, and ifthe court shall find that the apportionment is, as to any substantial matter,erroneous or unjust, the same shall not be returned to the board, but the courtshall proceed to correct the same so as to conform to this chapter and therights of all parties in the premises, and the final judgment may approve andconfirm such proceedings in whole or in part.
3. A certified copy of the final judgment shall befiled in the office of the State Engineer and in the office of the countyrecorder of the county or counties in which any of the lands within thedistrict are situated.
4. In case of the approval of the organization of thedistrict and the disapproval of the proceedings for issuing bonds, the districtmay again undertake proceedings for the issuance of bonds and have the sameconfirmed as herein provided.
5. The cost of the proceedings in court may be allowedand apportioned among the parties thereto in the discretion of the court.
[20:64:1919; A 1921, 118; NCL 8031]
NRS
1. The board may sell bonds from time to time in suchquantities as may be necessary and most advantageous to raise money for theconstruction of works, the acquisition of property and rights and otherwise tocarry out the objects and purposes of this chapter.
2. The bonds may be sold at public or at private sale,upon any terms not inconsistent with the other provisions of this chapter.
[Part 21:64:1919; A 1921, 118; NCL 8032](NRS A1981, 965; 1985, 2064)
NRS
[Part 21:64:1919; A 1921, 118; NCL 8032]
NRS
1. The board may use any bonds of the district whichhave been offered for sale at public sale and remain unsold in payment forconstruction of canals, storage reservoirs or other works of the district,without the necessity of calling for bids for such construction, and may enterinto contracts providing for the payment of such construction in bonds, whichcontracts may provide for the payment of a fixed contract price or the cost ofsuch construction plus a fixed percentage thereof, or the cost of suchconstruction plus a fixed sum.
2. Ninety percent of their par value and interest accruedthereon is the minimum price at which the bonds may be used in payment for suchconstruction.
3. Such use of bonds and any such contract must beapproved by the Department of Taxation.
[Part 21:64:1919; A 1921, 118; NCL 8032](NRS A1977, 1239)
NRS
1. If for any reason the bonds of a district cannot besold, or if at any time it shall be deemed in the best interests of thedistrict to withdraw from sale all or any portion of an authorized bond issue,the board of directors may cancel the bonds and levy assessments in the amountof the bonds cancelled. The revenue derived from the assessments must beemployed for the same purpose as was contemplated by the bond authorization,but no levy may be made to pay for work or material, payment for which wascontemplated by bonds which have been authorized, until bonds to the amount ofthe assessments have been cancelled.
2. Assessments made in lieu of bonds cancelled must becollected in the same manner and have the same effect as other assessmentslevied pursuant to the provisions of this chapter. The assessments must notduring any 1 year exceed 10 percent of the total bond issue authorized by thedistrict, unless a greater assessment is authorized by a majority vote of thequalified electors of the district voting at a special election or districtelection or primary or general state election.
[Part 21:64:1919; A 1921, 118; NCL 8032](NRS A1993, 1088)
NRS
[22:64:1919; A 1929, 286; NCL 8033]
NRS
[Part 24:64:1919; A 1933, 271; 1931 NCL 8035]
NRS
1. Prior to the issuance of bonds, notes orcertificates of indebtedness authorized for the purpose of improvements, anyperson, firm or corporation owning land upon which a benefit has been assessedfor such improvements may pay all or any portion of the benefit so assessedagainst the land, and, upon such payment, the benefit so assessed shall bedischarged to the extent of such payment.
2. No such payment may be made after the issuance ofbonds, notes or certificates of indebtedness authorized to be issued in paymentof such improvements except as provided by the district.
[21.5:64:1919; added 1955, 27]
NRS
1. In case the money raised by the sale of all the bondsis insufficient for the completion of the plans and works adopted, andadditional bonds are not voted, the board of directors shall provide for thecompletion of the plans by levy of assessment therefor.
2. When the money obtained by any previous issue ofbonds has become exhausted by expenditures authorized in this chapter, and itbecomes necessary to raise additional money to carry out the adopted plan,additional bonds may be issued if authorized at a special election or districtelection or primary or general state election. The election must be conductedin accordance with the provisions of this chapter with respect to an originalissue of bonds.
[Part 16:64:1919; A 1921, 118; 1929, 286; 1933, 271;1955, 27](NRS A 1993, 1088)
NRS
[Part 16:64:1919; A 1921, 118; 1929, 286; 1933, 271;1955, 27]
NRS
[Part 27 1/2:64:1919; added 1925, 137; NCL 8039]
NRS
1. Whenever an election has been held in anyirrigation district and bonds have been authorized to be issued having thematurities prescribed in NRS 539.615 to
2. When so filed for record, the agreement constitutesa binding and irrevocable agreement on the part of the district that such taxeswill be levied, and the agreement inures to the benefit of the holders orowners of each of the bonds at any time outstanding, so as to give to them, oreither of them, a right of action against the district to compel the levy ofsuch taxes as provided in the agreement.
3. A copy of the agreement, certified by each of thecounty recorders in whose office the agreement is recorded, shall be filed withthe county auditor of each county in which the agreement is recorded.
[Part 72:64:1919; added 1929, 286; NCL 8090](NRS A1977, 1239)
NRS
[Part 72:64:1919; added 1929, 286; NCL 8090]
NRS
[Part 72:64:1919; added 1929, 286; NCL 8090]
NRS
1. Any county auditor who shall fail to enter theminimum sinking fund tax in the manner provided in
2. In the event of the failure of any official to levyor collect such tax after the recordation of the agreement, as provided in
3. If any district attorney shall fail to comply withthe request of any such holder or owner of the bonds, the attorney generalshall forthwith commence such proceedings for and on behalf of the owners andholders of all of the bonds of such district then outstanding and entitled tothe benefits of such sinking fund tax.
[Part 72:64:1919; added 1929, 286; NCL 8090]
NRS
[Part 72:64:1919; added 1929, 286; NCL 8090]
NRS
1. If any installment of taxes has been levied for thepayment of any outstanding bonds or interest of any irrigation district, theboard of directors may issue notes bearing a rate of interest which must notexceed by more than 5 percent the Index of Revenue Bonds which was mostrecently published before the bids are received or a negotiated offer isaccepted. The notes must be payable out of the installment of taxes so leviedand must not be in excess of 75 percent of the levy. The proceeds derived fromthose notes may be used only for the purpose of meeting the obligation of thedistrict for which the tax was levied.
2. If the proceeds of the taxes are insufficient,through delinquency, uncollectibility of taxes or other cause, to pay, whendue, all the lawful debts for which the taxes were levied, the board ofdirectors shall levy and collect in the next succeeding year a special tax inaddition to all other taxes in an amount sufficient to pay all of such lawfullycontracted indebtedness, and may borrow as provided in this section inanticipation of that tax to pay off any such lawfully contracted indebtedness.
[79:64:1919; added 1929, 286; NCL 8097](NRS A1981, 1420; 1983, 587; 1985, 2065)
NRS
1. Whenever after 10 years from the issuance of bondsthe bond fund shall amount to the sum of $10,000, the board of directors maydirect the treasurer to pay such an amount of the bonds not due as the money inthe bond fund will redeem at the lowest value at which they may be offered forliquidation, after advertising for at least 3 weeks in some newspaper publishedin the county in which the office of the district is located, and in such othernewspaper as the board may deem advisable, for sealed proposals for theredemption of such bonds.
2. Such proposals shall be opened by the board in openmeeting at a time to be named in the notice, and the lowest bid or bids shallbe accepted; but no bonds shall be redeemed at a rate above par except in caseswhere the bonds are issued subject to call at a rate above par as provided in
3. In case two or more bids are equal, thelowest-numbered bond shall have the preference, and if any of the bonds are notso redeemed, that amount of the redemption money shall be invested by thetreasurer under the direction of the board in United States bonds or the bondsor warrants of the State or municipal or school bonds, and such bonds and theproceeds therefrom shall belong to the bond fund.
[Part 24:64:1919; A 1933, 271; 1931 NCL 8035]
Refunding Bonds
NRS
1. Any bonds of the district issued in accordance withthe provisions of this chapter or any other statute and payable from anypledged revenues, assessments or taxes ad valorem, or any combination thereof,may be refunded by the board, without the necessity of the refunding bondsbeing authorized at an election, by the adoption of a resolution by the board andby any trust indenture or other proceedings appertaining thereto, authorizingthe issuance of refunding bonds to pay, refund and discharge all or any part ofany outstanding bonds of the district, including:
(a) The acceleration, deceleration or other modificationof the payment of those obligations and any interest thereon in arrears or tobecome due for any period not exceeding 3 years from the date of issuance ofthe refunding bonds;
(b) To reduce the interest on the outstanding bonds;
(c) To modify or eliminate restrictive contractuallimitations on the issuance of additional bonds, concerning the outstandingbonds or concerning any facilities appertaining thereto; or
(d) Any combination of the purposes stated inparagraphs (a), (b) and (c).
2. Any refunding bonds issued may be delivered inexchange for any outstanding bonds being refunded or may be sold at a public orprivate sale.
3. The lien for taxes for the payment of the interestand principal of any refunding bond issue is of equal rank with the lien of theoriginal bond issue retired thereby.
[Part 27 1/2:64:1919; added 1925, 137; NCL 8039](NRS A 1977, 1239; 1985, 2065)
NRS
1. No bonds may be refunded under this chapter unlessthe holders of those bonds voluntarily surrender them for exchange or payment,or unless they either mature or are callable for prior redemption under theirterms within 25 years from the date of issuance of the refunding bonds.Provision must be made for paying the bonds within that period.
2. The maturity of any bond refunded may not beextended beyond 25 years, or beyond 1 year next following the date of the lastoutstanding maturity, whichever is later, nor may any interest on any bondrefunded be increased to any rate which exceeds by more than 5 percent theIndex of Revenue Bonds which was most recently published before bids arereceived or a negotiated offer for the bonds is accepted.
3. The principal amount of the refunding bonds mayexceed, be less than or equal to the principal amount of the refunded bonds, ifsufficient provision is made for their payment.
(Added to NRS by 1985, 2059)
NRS
1. Except as otherwise provided in this chapter, theproceeds of refunding bonds must be immediately applied to the retirement ofthe bonds to be refunded or be placed in escrow or trust in any trust banks orcredit unions within or without or both within and without this state to beapplied to the payment of the refunded bonds or the refunding bonds, or both,upon their presentation therefor to the extent, in the priority and otherwisein the manner which the board may determine.
2. The incidental costs of refunding bonds may be paidby the purchaser of the refunding bonds or be defrayed from any money of thedistrict, subject to appropriations therefor as otherwise provided by statute,or other available revenues of the district under the control of the board,from the proceeds of the refunding bonds, from the interest or other yieldderived from the investment of any proceeds of the refunding bonds or othermoney in escrow or trust, or from any other sources legally available therefor,or any combination thereof, as the board may determine.
(Added to NRS by 1985, 2059; A
NRS
1. Any escrow or trust provided pursuant to
2. Any trust bank or credit union shall continuouslysecure any money placed in escrow or trust and not so invested or reinvested infederal securities by a pledge in any trust banks or credit unions, within orwithout or both within and without this state, of similar federal securities inan amount which is at all times at least equal to the total uninvested amountof the money accounted for in the escrow or trust.
3. The proceeds and investments in escrow or trust,together with any interest or other gain to be derived from any suchinvestment, must be in an amount at all times at least sufficient to pay theprincipal of, interest on and any prior redemption premiums due, any charges ofthe escrow agent or trustee and any other incidental expenses payabletherefrom, except to the extent provision may have been previously otherwisemade therefor, as those obligations become due at their respective maturitiesor due at the designated prior redemption dates in connection with which theboard has exercised or is obligated to exercise a prior redemption option on behalfof the district.
4. The computations made in determining thatsufficiency must be verified by a certified public accountant licensed topractice in this state or in any other state.
(Added to NRS by 1985, 2059; A
NRS
1. Refunding bonds may be payable from and secured byany source of revenue or taxes from which the refunded bonds were or could havebeen made payable.
2. Except as otherwise expressly provided ornecessarily implied in this chapter, the relevant provisions in this chapterappertaining generally to the issuance of bonds to defray the cost of anyproject are equally applicable in the authorization and issuance of refundingbonds, including their terms and security, the covenants and other provisionsof the resolution authorizing the issuance of the bonds, or other instrument orproceedings appertaining thereto, and other aspects of the bonds.
3. The determination of the board that the limitationsimposed in this chapter upon the issuance of refunding bonds have been met isconclusive, in the absence of fraud or an arbitrary and gross abuse of itsdiscretion.
(Added to NRS by 1985, 2060)
General Provisions
NRS
1. The bonds authorized by vote shall be designated asa series, and the series shall be numbered consecutively as authorized.
2. The portion of the bonds of the series authorizedto be sold at any time shall be designated as an issue and each issue shall benumbered in its order.
[Part 16:64:1919; A 1921, 118; 1929, 286; 1933, 271;1955, 27]
NRS
[Part 16:64:1919; A 1921, 118; 1929, 286; 1933, 271;1955, 27]
NRS
[Part 16:64:1919; A 1921, 118; 1929, 286; 1933, 271;1955, 27](NRS A 1969, 488; 1971, 2128; 1975, 876; 1977, 1240; 1981, 1421)
1. Bonds shall express on their faces that they wereissued by the authority of this chapter and shall also state the number of the issueof which the bonds are a part.
2. Bonds shall be signed by the president and thesecretary, and the seal of the district shall be affixed thereto.
3. Interest coupons shall be attached to the bonds,which coupons shall be signed by the secretary.
[Part 16:64:1919; A 1921, 118; 1929, 286; 1933, 271;1955, 27]
NRS
(Added to NRS by 1985, 2060)
NRS
[Part 16:64:1919; A 1921, 118; 1929, 286; 1933, 271;1955, 27](NRS A 1985, 2026)
NRS
[Part 16:64:1919; A 1921, 118; 1929, 286; 1933, 271;1955, 27](NRS A 1969, 489)
NRS
[Part 16:64:1919; A 1921, 118; 1929, 286; 1933, 271;1955, 27](NRS A 1969, 489; 1971, 2128; 1975, 877; 1981, 1421; 1983, 588; 1985,2066)
NRS
[Part 16:64:1919; A 1921, 118; 1929, 286; 1933, 271;1955, 27](NRS A 1999,1511)
NRS
[Part 16:64:1919; A 1921, 118; 1929, 286; 1933, 271;1955, 27]
NRS
(Added to NRS by 1985, 2058)
NRS
(Added to NRS by 1985, 2059)
Levy and Collection of Ad Valorem Taxes as Additional Securityfor Payment of Certain Bonds
NRS
(Added to NRS by 1963, 1005; A 1965, 87; 1993, 1167)
NRS
(Added to NRS by 1963, 1006)
NRS
1. If the special fund created by the proceeds of theannual assessments levied and collected pursuant to the provisions of thischapter is insufficient to pay the principal of and the interest on the bondsas they become due, the deficiency shall be paid out of any general fund,reserve fund or any other available revenues of the district.
2. If any general fund, reserve fund and otheravailable revenues of the district are insufficient to pay any such deficiencypromptly, the board of directors shall then levy and it shall be its duty tolevy general (ad valorem) taxes.
(Added to NRS by 1963, 1005)
NRS
1. To levy and collect taxes, the board of directorsshall:
(a) Determine in each year the amount of moneynecessary to be raised by general (ad valorem) taxation, taking intoconsideration other sources of revenue of the district; and
(b) Fix a rate of levy which, when levied upon everydollar of assessed valuation of taxable property within the district andtogether with other revenues, will raise the amount required by the districtannually to supply funds for paying promptly in full, when due, all interest onand principal of bonds of the district.
In the eventof accruing defaults or deficiencies, an additional levy may be made asprovided in NRS 539.6364.
2. The board of directors shall certify to the boardof county commissioners of each county within the district, or having a portionof its territory within the district, at the same time as fixed by law forcertifying thereto tax levies of incorporated cities, the rate so fixed, withdirections that at the time and in the manner required by law for levying taxesfor county purposes, such board of county commissioners shall levy such taxupon the assessed valuation of all taxable property within the district, inaddition to such other taxes as may be levied by such board of county commissionersat the rate so fixed and determined.
3. The board of directors shall levy such general (advalorem) taxes upon all property in the district which is by law taxable forstate, county and municipal purposes, without regard to any statutory taxlimitation now or hereafter existing and without limitation as to rate oramount, fully sufficient, after making due allowance for probabledelinquencies, to provide for the prompt payment of such bonds as they becomedue, both principal and interest, but subject to the limitation of Section 2 ofArticle 10 of the Constitution of the State.
(Added to NRS by 1963, 1006; A 1969, 489; 1979, 1249)
NRS
1. The board of directors, in certifying annual leviesas provided in NRS 539.6363, shall takeinto account for the ensuing year maturing bonds and interest on bonds, anddeficiencies and defaults of prior years, and shall make ample provision forthe payment thereof.
2. In case the moneys produced from such levies,together with other revenues of the district, are not sufficient punctually topay the annual installments on its bonds and interest thereon and to paydefaults and deficiencies, then the board of directors shall make suchadditional levies of taxes as may be necessary for such purposes, andnotwithstanding any limitations, such taxes shall be made and continue to be levieduntil the bonds of the district, both principal and interest, shall be fullypaid.
(Added to NRS by 1963, 1007)
NRS
1. The body having authority to levy taxes within eachcounty shall levy the general (ad valorem) taxes provided in this chapter. Allofficials charged with the duty of collecting taxes shall collect such taxes atthe time and in the form and manner and with like interest and penalties asother general (ad valorem) taxes are collected and, when collected, shall paythe same to the district ordering its levy and collection. The payment of suchcollections shall be made monthly to the treasurer of the district and paidinto the depository thereof to the credit of the district.
2. All taxes levied under this chapter, together withinterest thereon and penalties for default in payment thereof and all costs ofcollecting the same, shall, until paid, constitute a perpetual lien on andagainst the property taxed, and such lien shall be on a parity with the taxlien of other general taxes, and no sale of such property to enforce anygeneral tax or other lien shall extinguish the perpetual lien of such districttaxes.
(Added to NRS by 1963, 1007)
NRS
(Added to NRS by 1963, 1007)
Bonds Payable From or Secured by Pledge of Net Revenues
NRS
(Added to NRS by 1985, 2055)
NRS
1. The pledged revenues, the assessments and the taxesto be fixed, charged or levied and the collection, use and disposition thereof,including the foreclosure of liens for delinquencies, the discontinuance ofservices, facilities or use of any properties or facilities, prohibitionagainst free service, the collection of penalties and the costs of collectionand the use and disposition of any money of the district, derived or to bederived, from any source designated in the provisions of this chapter;
2. The acquisition or improvement of or equipment forall or any part of properties pertaining to any project or other facilities;
3. The creation and maintenance of reserves or sinkingfunds to secure the payment of the principal of and interest on any bonds or ofthe expenses of operation and maintenance of a project and other facilities, orpart thereof, and the source, custody, security, regulation, use anddisposition of any such reserves or funds, including the powers and duties ofany trustee with regard thereto;
4. A fair and reasonable payment by the district fromits general fund or other available money for the project and other facilitiesor for services rendered thereby to the district;
5. The payment of the cost of any project bydelineating the purposes to which the proceeds of the sale of the bonds may beapplied, and the custody, security, use, expenditure, application anddisposition thereof;
6. The temporary investment and any reinvestment ofproceeds of bonds, any assessments or any taxes or pledged revenues, or anycombination thereof;
7. The pledge of and the creation of a lien uponpledged revenues and the proceeds of bonds, pending their application to defraythe cost of any project, to secure the payment of bonds issued pursuant to thischapter;
8. The payment of the principal of and interest on thebonds, and any prior redemption premiums due in connection therewith, and thesources and methods thereof, the rank or priority of any bonds as to any lienor security for payment, the acceleration of any maturity of any bonds, or theissuance of other or additional bonds payable from or constituting a chargeagainst or lien upon any pledged revenues or other money pledged for thepayment of bonds and the creation of future liens and encumbrances;
9. The use, regulation, inspection, management,operation, maintenance or disposition, or any limitation on or regulation ofthe use, of all or any part of the project and other facilities;
10. The determination or definition of net revenuesfrom the project and other facilities or of the expenses of operation andmaintenance of the project and other facilities, the use and disposition ofthose revenues and the manner of and limitations upon paying those expenses;
11. The creation of special funds and accountsappertaining to any pledged revenues or to the bonds;
12. The insurance to be carried by the district or anyother person in interest and the use and disposition of money from theinsurance, the acquisition of completion, performance, surety and fidelitybonds appertaining to any project or funds, or both, and the use anddisposition of any proceeds of those bonds;
13. Books of account, the inspection and auditthereof, and other records appertaining to any project, facilities or pledgedrevenues;
14. The assumption, payment or discharge of anyobligation, lien or other claim relating to any part of any project, anyfacilities or any securities having or which may have a lien on any part of anypledged revenues or other money of the district;
15. Limitations on the powers of the district toacquire or operate, or permit the acquisition or operation of, any structures,facilities or properties which may compete or tend to compete with the projectand other facilities;
16. The vesting in a corporate or other trustee ofsuch property, rights, powers and duties in trust as the board may determine,including any or all of the rights, powers and duties of the trustee appointedby the holders of the bonds and limiting or abrogating the right of thoseholders to appoint a trustee, or limiting the rights, duties and powers of thattrustee;
17. Any defaults, rights and liabilities arisingtherefrom, and the rights, liabilities, powers and duties arising upon thebreach by the district of any covenants, conditions or obligations;
18. The terms and conditions upon which the holders ofthe bonds or any portion, percentage or amount of them may enforce anycovenants or provisions made by the district in the resolution or dutiesimposed thereby;
19. The terms and conditions upon which the holders ofthe bonds or of a specified portion, percentage or amount thereof, or anytrustee therefor, are entitled to the appointment of a receiver, who may enterand take possession of the project and other facilities or service, operate andmaintain them, prescribe fees, rates and charges, and collect, receive andapply all revenues thereafter arising therefrom in the same manner as thedistrict might do;
20. A procedure by which the terms of any resolutionauthorizing bonds, or any other contract with any holders of bonds, includingan indenture of trust or similar instrument, may be amended or abrogated, andas to the proportion, percentage or amount of bonds the holders of which mustconsent thereto, and the manner in which that consent may be given;
21. The terms and conditions upon which any or all ofthe bonds become or may be declared due before maturity, and as to the termsand conditions upon which that declaration and its consequences may be waived;and
22. All such acts as may be necessary, convenient ordesirable in order to secure the bonds, or in the discretion of the board tendto make the securities more marketable, even if such covenant or act is notenumerated in this section, to give the board the power to do in the name andon behalf of the district all things in the issuance of bonds and for theirsecurity, except as expressly limited in this chapter.
(Added to NRS by 1985, 2055)
1. Revenues pledged for the payment of any bonds, asreceived by or otherwise credited to the district, are immediately subject tothe lien of each pledge without any physical delivery thereof, any filing orfurther act.
2. The lien of each such pledge and the obligation toperform the contractual provisions made in the authorizing resolution or otherinstrument appertaining thereto has priority over any or all other obligationsand liabilities of the district, except as otherwise provided in this chapteror in the resolution or other instrument, and subject to any prior pledges andliens.
3. The lien of each such pledge is valid and bindingas against all persons having claims of any kind in tort, contract or otherwiseagainst the district whether or not those persons have notice thereof.
(Added to NRS by 1985, 2057)
NRS
1. By mandamus or other suit, action or proceeding atlaw or in equity to enforce his rights against the district, the board and anyother officers, agents and employees of the district, to require and compel thedistrict, the board or any such officers, agents or employees to perform andcarry out their respective duties, obligations or other commitments under thischapter and their respective covenants and agreements with the holder of anybonds;
2. By action or suit in equity to require the districtto account as if it is the trustee of an express trust;
3. By action or suit in equity to have appointed areceiver, who may enter and take possession of the project and other facilitiesand any pledged revenues for the payment of the bonds, prescribe sufficientfees derived from the project and other facilities, and collect, receive andapply all pledged revenues or other money pledged for the payment of the bondsin the same manner as the district might do in accordance with the obligationsof the district; and
4. By action or suit in equity to enjoin any acts orthings which may be unlawful or in violation of the rights of the holder of anybonds and to bring suit thereupon.
(Added to NRS by 1985, 2057)
NRS
1. If a resolution of the board authorizing orproviding for the issuance of any bonds of any series or any other proceedingsappertaining thereto contains a provision authorized by subsection 19 of
2. Any receiver appointed as permitted by subsection19 of NRS 539.6375 may enter upon andtake possession of the project and other facilities appertaining thereto, and,subject to any pledge or contract with the holders of those bonds, shall takepossession of all money and other property derived from or applicable to theacquisition, operation, maintenance or improvement of the project or otherfacilities, proceed with such acquisition, operation, maintenance orimprovement which the board on the behalf of the district is under anyobligation to do, operate, maintain, equip and improve the facilities, fix,charge, collect, enforce and receive the charges for services and all revenuesthereafter arising subject to any pledge thereof or contract with the holdersof the bonds relating thereto and perform the duties and carry out thecontracts and obligations of the district in the same manner as the boarditself might do and under the direction of the court.
(Added to NRS by 1985, 2058)
Bonds for Legal Investments
NRS
[1:34:1921; NCL 8217](NRS A 1977, 1240)
NRS
1. The supply of water available for the project andthe right of the district to so much water as may be needed.
2. The nature of the soil as to its fertility andsusceptibility to irrigation, the probable amount of water needed for itsirrigation, and the probable need of drainage.
3. The feasibility of the districts irrigation systemand of the specific project for which the bonds under consideration are desiredor have been used, whether such system and project is constructed, projected orpartially completed.
4. The reasonable market value of the water, waterrights, canals, reservoirs, reservoir sites and irrigation works owned by thedistrict or to be acquired or constructed by it with the proceeds of any ofsuch bonds.
5. The reasonable market value of the lands includedwithin the boundaries of the district.
6. Whether or not the aggregate amount of the bondsunder consideration and any other outstanding bonds of the district, includingbonds authorized but not sold, exceeds 50 percent of the aggregate market valueof the lands within the district and of the water, water rights, canals,reservoirs, reservoir sites and irrigation works owned, or to be acquired orconstructed with the proceeds of any of the bonds, by the district, asdetermined in accordance with subsections 4 and 5.
7. The numbers, date or dates of issue, anddenominations of the bonds, if any, which the Department of Taxation finds areavailable for the purpose provided for in NRS539.660, and, if the investigation has covered contemplated bonds, thetotal amount of bonds which the district can issue without exceeding thelimitation expressed in subsection 6.
[2:34:1921; NCL 8218](NRS A 1977, 1240)
NRS
[4:34:1921; NCL 8220](NRS A 1977, 1241)
NRS
1. The written report of the investigation providedfor in NRS 539.640 to
2. If the Department finds, as set out in the report,that the irrigation system of the district and the specific project for whichthe bonds under consideration are desired or have been used, whether suchproject is constructed, projected or partially completed, are feasible and thatthe aggregate amount of the bonds under consideration and any other outstandingbonds of the district, including bonds authorized but not sold, does not exceed50 percent of the aggregate market value of the lands within the district andof the water, water rights, canals, reservoirs, reservoir sites and irrigationworks owned or to be acquired or constructed with the proceeds of any of thebonds by the district, the bonds of such irrigation district, as described andenumerated in the report filed with the State Controller, shall be certified bythe State Controller, as provided for in NRS539.640 to 539.665, inclusive.
3. If the Department is notified by the board ofdirectors of any district whose irrigation system has been found in such reportto be feasible that the district has issued bonds and the Department finds thatthe bonds are for any project or projects approved in such report and theamount of the bonds does not exceed the limitation stated in such report, theDepartment shall prepare and file with the State Controller a supplementaryreport giving the numbers, date or dates of issue, and denominations of thebonds which shall then be entitled to certification by the State Controller asprovided for in NRS 539.640 to
4. Subsequent issues of bonds may be made availablefor the purpose specified in NRS 539.640to 539.665, inclusive, upon likeproceedings by the district, but, after any of the bonds of an irrigationdistrict have been enumerated and described as entitled to certification by theState Controller, it is unlawful for that district to issue bonds that will notbe entitled to such certification.
5. The State Controller shall:
(a) Provide for filing and preserving the reportsmentioned in this section; and
(b) Make, keep and preserve a record of the bondscertified by him in accordance with the provisions of
[3:34:1921; NCL 8219](NRS A 1977, 1241)
NRS
[5:34:1921; NCL 8221](NRS A 1977, 1242)
NRS
1. Whenever the survey, examinations, drawings andplans of an irrigation district, and the estimate of cost provides that theworks necessary for a completed project shall be constructed progressively overa period of years in accordance with a plan or schedule adopted by resolutionof the board of directors of the district, it is not necessary for theDepartment of Taxation to certify at one time all of the bonds that have beenvoted for the completed project; but such bonds may be certified from time totime as needed by the district.
2. If the Department certifies all of the bondsnecessary for the completed project, even if the project is to be constructedprogressively over a period of years in accordance with the resolution of theboard of directors, the bonds so voted and certified shall only be sold afterprior written approval of the Department.
[6:34:1921; NCL 8222](NRS A 1977, 1242)
NRS
1. Whenever any bond of an irrigation districtorganized and existing under and pursuant to the laws of the State of Nevada,including any bond authorized in any such district but not sold, which iseligible to certification by the State Controller under
CarsonCity, Nevada.................................... (insert date).
I, ........................, State Controller of theState of Nevada, do hereby certify that the within bond, No. ..... of issue No......... of the ................ Irrigation District, issued ................(insert date), is, in accordance with NRS539.640 to 539.665, inclusive, alegal investment for all trust funds and for the money of all insurancecompanies, banks, both commercial and savings, credit unions, trust companies,and any money which may be invested in county, municipal or school districtbonds, and it may be deposited as security for the performance of any actwhenever the bonds of any county, city or school district may be so deposited,it being entitled to such privileges by virtue of an examination by theDepartment of Taxation in pursuance of NRS539.640 to 539.665, inclusive. Thewithin bond may also be used as security for the deposit of public money inbanks or credit unions in this state.
.......................................................................................
StateController of the State of Nevada
2. In case of a change in the constitution or any ofthe laws of this state relating to the bonds of irrigation districts, the StateController shall, if necessary, modify the above certificate so that itconforms to the facts.
3. A facsimile of the State Controllers signature,printed or otherwise, impressed upon the certificate is a sufficient signingthereof.
[7:34:1921; NCL 8223](NRS A 1969, 148; 1977, 1242;1983, 1699; 1999,1511)
NRS
[9:34:1921; NCL 8225](NRS A 1977, 1243)
NRS
1. All bonds certified in accordance with the terms ofNRS 539.640 to
2. Whenever any money may, by law now or hereafterenacted, be invested in bonds of cities, counties, school districts ormunicipalities in the State of Nevada, such money may be invested in the bondsof irrigation districts, and whenever bonds of cities, counties, schooldistricts or municipalities may by any law now or hereafter enacted be used assecurity for the performance of any act, bonds of irrigation districts underthe limitations in NRS 539.640 to
[10:34:1921; NCL 8226](NRS A 1977, 1243;
NRS
[11:34:1921; NCL 8227]
NRS
[12:34:1921; NCL 8228]
ASSESSMENTS
NRS
1. The secretary of the board of directors shall bethe assessor of the district. On or before January 15 of each year he shallprepare an assessment book containing a full and accurate list and descriptionof all the land of the district, and a list of the persons who own, claim orhave possession or control thereof during the year, giving the number of acreslisted to each person.
2. If the name of the person owning, claiming,possessing or controlling any tract of land is not known, it shall be listed tounknown owner.
[25:64:1919; A 1923, 289; 1927, 309; 1954, 20]
NRS
1. At its regular meeting in February the board ofdirectors shall fix the rate and levy an assessment upon the lands in thedistrict, in accordance with the provisions of this chapter, which levy andassessment shall be sufficient to raise the annual interest on the outstandingbonds or any contractual obligation.
2. At the expiration of 10 years after a bond issue orsuch other period as may be authorized, the board must increase the assessmentas may be necessary from year to year to raise a sum sufficient to pay theprincipal of the outstanding bonds of that issue as they mature, and mustincrease the assessment in such amount as may be necessary from year to year toraise a sum sufficient to pay the principal of any outstanding contractualobligation, as such principal may be required to be paid under the terms of thecontract.
3. The board may levy a tax upon the lands in thedistrict either upon the same pro rata basis as benefits may have beenapportioned, or otherwise, as the case may be, in order to secure such funds asmay be deemed necessary to replace any deficit that may occur in a fund createdfor the repayment of a district obligation by reason of tax delinquencies.
4. The secretary of the board shall compute and enterin a separate column of the assessment book or books the respective sums to bepaid as an assessment on the property therein enumerated.
5. Except as otherwise provided herein, assessmentsmade for any of the other purposes of this chapter shall be made and levied asabove provided and entered in appropriate columns of the assessment book orbooks.
[Part 27:64:1919; A 1921, 202; 1923, 289; 1925, 203;1927, 309; 1954, 20]
NRS
[Part 45 1/2:64:1919; added 1923, 289; NCL 8061]
NRS
1. Where the last preceding assessment made will raisea sufficient revenue for the purposes of NRS539.670, in the event no other assessment is made, such assessment shall bedeemed to have been levied for succeeding years, so long as it will produce therevenue required, and the taxes shall be collected in the same manner, and allofficers shall perform the same duties in respect thereto, as though such assessmenthad been made for the particular year by the board of directors of the district.
2. Where the assessment which should have been leviedcan be determined by a mere mathematical computation based on the relationbetween the amount to be raised for interest or interest and the redemption ofbonds for any particular year and the apportionment of benefits in thedistrict, such assessment shall be deemed to have been made, and the taxesbased thereon shall be collected the same as though such assessment had beenregularly levied by the board of directors of the district.
[Part 27:64:1919; A 1921, 202; 1923, 289; 1925, 203;1927, 309; 1954, 20]
NRS
1. In case of failure or refusal of the board ofdirectors to levy an assessment as provided in
2. The Department of Taxation, at any time upon obtainingknowledge of such failure or refusal, shall levy such assessment forthwith.
3. The district attorney of the county in which theoffice of any irrigation district is located, at the time such assessmentshould be made, shall ascertain the fact in respect to the same, and if suchassessment has not been made by the board of directors as required, he shallimmediately notify the board of county commissioners, the Department ofTaxation and the Attorney General in respect to such failure. The districtattorney and the Attorney General shall aid in obtaining the earliest possibleassessment following such failure or refusal of the district board to act.
[Part 27:64:1919; A 1921, 202; 1923, 289; 1925, 203;1927, 309; 1954, 20](NRS A 1977, 1244)
NRS
1. The board shall meet at its regular monthly meetingin March of each year to correct assessments and may at such meeting correctassessments so as to conform with the benefits apportioned as provided for inthis chapter to pay obligations incurred or make up deficiencies arising fromany source, and also to apportion and distribute benefits and assessments byreason of additional land in the district becoming subject thereto.
2. The secretary shall publish notice of such meetingfor 2 weeks in a newspaper published in the county in which the district wasorganized. In the meantime the assessment book or books shall remain in theoffice of the secretary for the inspection of all interested persons.
3. The board of directors, which is hereby constituteda board of correction for the purpose, shall meet and continue from day to day aslong as may be necessary, not to exceed 5 days, exclusive of holidays, and maymake such changes in the assessment book or books as may be necessary to haveit conform to the facts.
4. Within 10 days after the close of the season thesecretary of the board shall have the corrected assessment book or bookscompleted.
[26:64:1919; A 1921, 118; 1923, 289; 1927, 309; 1954,20]
NRS
1. An assessment roll shall be made up for the landsin each county in which the district is situated, and the secretary of theboard of directors shall forthwith certify a duplicate of the same not laterthan May 15 of each year to the county auditor, or county auditors, as the casemay be, who shall adopt the assessment roll in its entirety without alterationor change as a part or unit of the tax rolls of the county or counties.
2. The county treasurer shall separately itemize theitems of such assessment roll on his statement of state and county taxes.
3. The assessments when levied and enrolled shallbecome due and delinquent at the same time and be subject to the same penaltiesand shall be collected by the same officers and in the same manner as state andcounty taxes.
4. The county auditor, district attorney, county clerkand county treasurer shall do and perform all acts necessary to accomplish thecollection of the same with penalties, the sale for delinquency, the redemptionof the lands involved, and the remittance of all proceeds to the districttreasurer.
5. The secretary of the board of directors, at thetime of delivering the duplicate assessment roll of the district to each countyauditor, shall attach thereto, in some suitable form, a recapitulation listshowing the name or names of each person, corporation or association listed inthe assessment roll and the amount of money assessed and to be collected by thecounty treasurer or tax collector, which recapitulation list shall be deliveredby the county auditor to the county treasurer with the duplicate assessmentroll. The county treasurer shall insert after each name, in proper columnsprovided for that purpose in the duplicate assessment roll and in therecapitulation list, the amount paid by each person, or persons, corporation orassociation appearing on the assessment roll, or by stamping the word Paidafter each sum, if the assessment is paid in full.
6. The recapitulation list shall be redelivered by thecounty treasurer to the district treasurer, together with the full amount ofmoneys collected, not later than the 15th day of the month upon which eachinstallment of taxes becomes due and delinquent, and for the purpose ofenabling the county treasurer to redeliver to the district treasurer therecapitulation list after each installment of taxes becomes due and reportingthereon the collection of taxes made by him not theretofore reported, the districttreasurer shall, before each installment of taxes becomes due, redeliver to thecounty treasurer the recapitulation list.
7. The county treasurer, prior to the time ofredelivery of the recapitulation list and report to the district treasurer,shall, in each instance, report to the county auditor the amount of money whichhe has collected for and on behalf of the district since his last report, andthereupon the county auditor shall draw his warrant for the same, placing thesame in the hands of the county treasurer, who is authorized to pay the moneysto the district treasurer at the time of delivering the recapitulation list andreport.
[29:64:1919; A 1927, 309; 1933, 271; 1935, 135; 1954,20]
NRS
[Part 45 1/2:64:1919; added 1923, 289; NCL 8061](NRS A 1969, 510)
NRS
1. An assessment is a lien against the propertyassessed from and after the time such assessment is made.
2. The lien of the bonds of any series shall be apreferred lien to that of any subsequent series, and such lien is not removeduntil the assessments are paid or the property sold for the payment thereof.
[28:64:1919; A 1921, 118; NCL 8040]
NRS
1. The board of directors of a district may, at anytime when deemed advisable, submit to the qualified electors of the district ata special election, district election or primary or general state election thequestion of whether a special assessment shall be levied for the purpose ofraising money to be applied to any of the purposes provided in this chapter.
2. The election must be held and the result thereofdetermined and declared in all respects in conformity with the provisions ofthis chapter in respect to bond elections.
3. The notice must specify the amount of moneyproposed to be raised and the purpose for which it is intended to be used, andwhether an equal rate of assessment or a special apportionment of benefits isto be made in that relation if either is proposed.
4. At the election, the ballots must contain the wordsAssessmentYes, or AssessmentNo.
5. If two-thirds or more of the votes cast areAssessmentYes, the board shall immediately proceed to apportion thebenefits, if that apportionment is to be made, and to levy an assessmentsufficient to raise the amount voted.
6. The assessment so levied must be entered in theassessment book or books by the secretary of the board and collected in thesame manner as other assessments provided for in this chapter and when receivedby the treasurer of the district must be deposited and kept in the constructionfund.
7. At the election, there may be submitted theproposition of authorizing the board of directors to levy each year for astated number of years assessments not exceeding a stated amount per acre toprovide a fund from which repairs may be made and replacement and extensions ofexisting works may be constructed and paid for as the necessity arises. In thatcase, if a general description of the proposed undertaking is provided, noplans and specifications are required to be provided in advanced. If theproposition is approved by two-thirds of the electors, the board may levy theassessment and it must be collected as other assessments are collected pursuantto this chapter. Money realized from the assessments must be deposited and keptin the general fund and disbursed by the treasurer in accordance with the directionof the board or rules and regulations established by it.
[48:64:1919; 1919 RL p. 3286; NCL 8064](NRS A1993, 1088)
NRS
1. Whenever the county officers designated in
2. Unpaid and accruing district assessments, taxes,charges and tolls against such lands sold at delinquent tax sales shallcontinue a charge and lien against such lands, and any purchaser of such lands,except the district itself, shall take the same subject to the payment by thepurchaser of all such accrued and accruing charges, tolls, assessments andtaxes in addition to the purchase price of the land.
[Part 29 1/2:64:1919; added 1927, 309; A 1929, 286;1933, 271; 1935, 135; 1931 NCL 8042]
NRS
1. In any and all cases where solely on account ofdelinquent district taxes, charges, tolls or assessments any lands in thedistrict have been sold or may hereafter be sold at a delinquent tax sale,either to the county or to any other person, firm, corporation or association,except the district, and the period of redemption has or shall have expired,the lien for all accrued district assessments, charges and tolls against thesame may be summarily foreclosed by giving notice of sale in substantially thesame manner and for the same time as required by law for delinquent tax salesby the county treasurer.
2. The county treasurer shall and he is herebydirected immediately to give notice of such sale within 5 days after receivingwritten demand to make such sale from the secretary of the district to theeffect that the board of directors of the district has ordered the foreclosureof the lien.
3. The county treasurer shall conduct such sale insubstantially the same manner as delinquent tax sales are now conducted by him.
4. If there are no other bidders at such sale or asale cannot be made for sufficient to pay the lien for all accrued districttaxes, assessments, charges and tolls, including penalties and cost ofadvertising, then the county treasurer shall bid in the lands and appurtenancesin the name of and for the district. There shall be no right of redemption fromsuch sale and the title shall thereupon become absolute in the district. Thecounty treasurer shall immediately execute a deed for the lands and appurtenancesin the name of the district and deliver the same to the secretary of thedistrict to be immediately recorded with the county recorder of the countywhere the land is situated.
5. In cases where lands and appurtenances in thedistrict are sold at a delinquent tax sale on account of delinquent state andcounty taxes as well as for delinquent district taxes, charges, tolls orassessments, then the county treasurer shall bid in such lands for the districtand county jointly in cases where there is no other bidder for the same. Insuch cases the county shall be deemed to be holding the title for both thecounty and the district in the proportion of their respective tax claimsagainst the same. Such lands and appurtenances shall thereafter be disposed ofat a summary sale in the manner hereinabove provided, except that no sale shallbe made for a price less than the whole amount of delinquent taxes, penaltiesand costs of both county and district.
6. The board of county commissioners may compromisethe amount of state and county tax to be included in such sale price if thefull amount cannot be obtained at such sale, but if the sale is made to thedistrict, the latter shall not be required to make payment of any part of thedelinquent state and county taxes which may have been a charge against suchland, but shall take the same free of any lien based thereon.
[Part 29 1/2:64:1919; added 1927, 309; A 1929, 286;1933, 271; 1935, 135; 1931 NCL 8042]
NRS
[Part 29 1/2:64:1919; added 1927, 309; A 1929, 286;1933, 271; 1935, 135; 1931 NCL 8042]
NRS
[Part 29 3/4:64:1919; added 1937, 372; A 1953, 379]
NRS
[Part 29 3/4:64:1919; added 1937, 372; A 1953, 379]
NRS
1. The owner of land excluded from participation inthe benefits of the district, that is, stripped of storage water and benefitsunder the provisions of NRS 539.700 and
2. The petition must:
(a) Be in writing and under oath.
(b) Describe the land and acreage from which it isproposed to transfer the storage water and benefits.
(c) Specify the amount of storage water and benefitsproposed to be transferred.
(d) Describe the land and acreage to which the transferof storage water and benefits is proposed to be made.
(e) List in detail all liens existing against eachparcel of land.
3. Upon receipt of the petition, together with the sumof money required for advertising, the secretary of the board shall causenotice of the application and the date of hearing thereof to be given byposting for a period of not less than 10 days and also by two publications 7days apart in a newspaper of general circulation in the county in which theland is situated, during such period.
4. Any person interested in the proposed transfer mayfile a written protest thereto at any time before the hearing day. The protestmust be considered by the board of directors in exercising its discretion togrant or refuse the requested transfer.
5. The board of directors may consider the applicationat any regular or special meeting, but not sooner than 14 days after the firstdate of publication.
6. At the hearing a full record of all proceedingsmust be taken and spread upon the minutes. If the petition proposes to changethe point of diversion or manner of use, the board of directors shall not makeany order on the petition until such time as an appropriate permit is securedfrom the State Engineer in accordance with chapter533 of NRS authorizing the change.
7. The petition, notices, protests, resolutions andall subsequent proceedings in relation to the application must be file markedand preserved for record purposes. If the board of directors grants all or apart of the transfer requested, a certified copy thereof must be recorded inthe office of the county recorder of the county in which the land to beaffected is situated, and thereafter the recorded copy must be delivered to thepetitioner upon payment by him of the recording fees.
8. To the extent that the transfer is granted itconstitutes a waiver and relinquishment on the part of the district of allrestrictive covenants and provisions against the use of storage water andbenefits on the land contained in any deed executed by the board of directors.
9. From and after the granting of any transfer ofstorage water and benefits, the land from which the water and benefits aretaken must have the status of stripped land, must be excluded fromparticipation in the benefits of the district, and must receive no furtherstorage water or benefits unless storage water and benefits are restored to theland under the provisions of this section, and all land to which the storagewater and benefits are transferred must be treated in all respects as though ithad never become delinquent and had never been stripped of storage water andbenefits and denied the benefits of the district.
10. Any person aggrieved by the order of the board ofdirectors may, within 30 days after the entry of the order, petition thedistrict court of the county in which the office of the board of directors islocated to set the same aside for such order as may be proper.
[Part 29 3/4:64:1919; added 1937, 372; A 1953,379](NRS A 1995, 795)
INCLUSION AND EXCLUSION OF LANDS
NRS
1. The holder or holders of any title or evidence oftitle, as defined in NRS 539.020 and
2. The petition must describe the land and alsodescribe the several parcels owned by the petitioners.
3. All or any portion of the lands in any city inwhich the vote for mayor at the last preceding election was not less than 550votes and not more than 1,000 votes, may in the same manner be included withinthe boundaries of any irrigation district if the lands are susceptible ofirrigation or drainage, or both, by the district system or systems, and upontheir inclusion the lands in the city, town or municipal corporation aresubject to all of the provisions of this chapter.
(Added to NRS by 1967, 1613; A 1989, 1175; A 1989,1175)
NRS
1. The secretary shall cause a notice of the filing ofsuch petition to be given for 3 consecutive weeks by posting in five public andconspicuous places in the district, with at least one posting in each divisionthereof.
2. The notice shall:
(a) State the filing of such petition.
(b) State the names of the petitioners.
(c) Contain a description of the lands mentioned in thepetition, sufficient to identify the same.
(d) Notify all persons interested in or who may be affectedby such change of boundaries of the district to appear at the office of theboard at a time named in the notice and show cause, in writing, if any theyhave, why the lands mentioned should not be annexed to the district.
3. The petitioner or petitioners shall advance to thedistrict treasurer sufficient money to pay the estimated cost of theseproceedings.
(Added to NRS by 1967, 1614)
NRS
1. The board of directors, at the time mentioned inthe notice, or at any other time to which the hearing may be adjourned, shallhear the petition and all the objections thereto.
2. The failure of any person to show cause as providedin NRS 539.712 shall be taken as anassent on his part to a change of the boundaries of the district so as toinclude the whole or part of the land mentioned in the petition.
(Added to NRS by 1967, 1614)
NRS
1. The board of directors may require as a conditionto the granting of the petition that the petitioners shall pay to the districtsuch sums as nearly as the same can be estimated as the petitioners or theirgrantors would theretofore have been required to pay had such lands beenincluded in the district at the time the same was originally organized, and mayapportion such benefits as are just and equitable to such lands in accordancewith the benefits derived or which will accrue to each tract or subdivisionthereof from the construction or proposed construction of a drainage works orother works, or the purchase or proposed purchase of any works for thedistrict.
2. The board of directors shall examine each tract orlegal subdivision of such annexed lands or proposed annexed lands and shalldetermine the benefits which will accrue or which have accrued, and such landsshall be apportioned their pro rata share of the cost of such works inproportion to the benefits derived by the lands therefrom.
3. The board shall make or cause to be made a list ofsuch apportionment or distribution, which list shall contain a completedescription of each subdivision or tract of land so annexed or proposed to beannexed with the rate per acre of such apportionment or distribution and thename of the owner thereof, or it may prepare a map on a convenient scaleshowing each of the subdivisions or tracts with the rate per acre of suchapportionment entered thereon; but where all or any portion of the lands areapportioned benefits by the board at the same rate, a general statement to thateffect shall be sufficient.
4. Whenever thereafter an assessment is made, eitherin lieu of bonds or an annual assessment for raising the interest on bonds, orany portion of the principal, or the expenses of maintaining the property ofthe district, or any special assessment voted by the electors, it shall bespread upon the lands in the same proportion as the assessments of benefits.The benefits arising from the undertakings for which special assessments aremade may be distributed equally over the lands, or especially apportioned, andassessments or tolls and charges may be made or imposed as provided in thischapter, when coming within the designation of operation and maintenancecharges, by way of a minimum stated charge per acre, whether water is used ornot, and a charge for water used in excess of the amount delivered for theminimum charge, or such other reasonable method of fixing or collecting theoperation and maintenance charge as the board of directors may adopt.
(Added to NRS by 1967, 1614)
NRS
1. The board of directors, if it deems it not for thebest interest of the district to include therein the lands mentioned in thepetition shall reject all or any part of the same.
2. If the board deems it for the best interests of thedistrict, and if no objections to the annexation of the lands have been filedas required in this chapter, the board may order, without any election, thatthe lands mentioned in the petition or any part thereof be annexed to thedistrict. The order shall describe the lands so annexed, and the board shallcause a survey thereof to be made if deemed necessary.
(Added to NRS by 1967, 1615)
NRS
(Added to NRS by 1967, 1615)
NRS
1. Upon the adoption of the resolution mentioned in
2. Notice of the election must be published and theelection conducted in the manner prescribed by this chapter for the issuance ofbonds of the district.
3. The notice of election must describe the landsproposed to be annexed to the district.
4. The ballots cast at the election must contain thewords for annexation, or against annexation, or expressions equivalentthereto.
(Added to NRS by 1967, 1615; A 1993, 1089)
NRS
1. If at such election a majority of all the votescast is against annexation, the board shall proceed no further in the matter.
2. If a majority of such votes is in favor ofannexation, the board shall thereupon order that the boundaries of the districtbe changed to include the lands to be so annexed and cause a copy of suchorder, together with a plat of the lands, each certified to by the secretary ofthe board, to be filed for record in the office of the county recorder of thecounty or counties in which such lands are situated.
3. The order shall describe the land so annexed andthereafter such lands shall be subject to all the provisions of this chapter.Immediately after the filing for record of the order annexing the lands, thedirectors shall state on their minutes to which division or divisions in thedistrict the lands shall be attached, or may redivide the district toaccommodate the lands.
(Added to NRS by 1967, 1615)
NRS
(Added to NRS by 1967, 1616)
NRS
(Added to NRS by 1967, 1616)
NRS
1. Whenever state lands held under contract topurchase are included within the boundaries of any irrigation district, suchlands shall be subject to all the provisions of this chapter the same as anyother land held in private ownership.
2. State lands, not under contract to purchase, shallnot become a part of an irrigation district except by the consent of the StateLand Registrar, who is authorized and required to consent thereto on behalf ofthe State upon there being filed in his office a certificate signed by theState Engineer to the effect that such lands will be benefited by inclusiontherein.
3. District assessments, charges and tolls againstsuch lands not under contract shall become a charge against the lands, and anysale or contract to sell any such lands thereafter shall be conditioned uponthe payment, by the purchaser or contractor, of all such accrued charges inaddition to the purchase price of the land.
4. In case of state land held under contract, theperson holding such contract shall be deemed the owner of the land for thepurposes of this chapter, and liens shall attach to his rights under suchcontract, and such liens shall be enforced as in other cases, subject to theparamount title of the State, and subject to the rights of a purchaser at asale for delinquent assessments to be subrogated to the rights of such contractholder to acquire patent to such land from the State.
(Added to NRS by 1967, 1616)
NRS
(Added to NRS by 1967, 1616)
NRS
(Added to NRS by 1967, 1617)
NRS
1. All persons failing to file written objectionswithin 50 days from the date of the filing of the petition for exclusion shallbe conclusively deemed to have consented to such exclusion.
2. If 25 percent of the holders of bonds or contractsor certificates of indebtedness constituting liens against the land sought tobe excluded file objections to such exclusion within the 50-day period thepetition for exclusion shall be denied; otherwise, the board at its solediscretion, but then only upon the payment of all bonded indebtedness of thedistrict chargeable to the land sought to be excluded, may by resolutionexclude the land from the district, and the land shall thereafter be denied allbenefits under the district.
(Added to NRS by 1967, 1617)
NRS
1. Not less than 50 days after the filing with theboard of an application in writing by a qualified elector of the district orafter the board has of its own initiative and by resolution declared itsintention of excluding any land or lands from the district, and after havingfirst given notice as prescribed in NRS539.738, the board shall meet and consider the matter and shall order ordeny the exclusion of the lands in whole or in part.
2. A copy of the order of the board shall be publishedfor two issues 1 week apart in some newspaper published in the county in whichthe land is situated.
(Added to NRS by 1967, 1617)
NRS
(Added to NRS by 1967, 1617)
NRS
(Added to NRS by 1967, 1617)
DISSOLUTION
NRS
[Part 47:64:1919; A 1933, 261; 1931 NCL 8063](NRSA 1993, 1089)
NRS
1. That such district was organized.
2. The date of organization and that it now exists.
3. That the petitioners desire that an election becalled to determine the question of dissolution by a vote of the electors.
[Part 47:64:1919; A 1933, 261; 1931 NCL 8063]
NRS
[Part 47:64:1919; A 1933, 261; 1931 NCL 8063]
NRS
[Part 47:64:1919; A 1933, 261; 1931 NCL 8063]
NRS
1. The provisions of this chapter relating to generalelections for directors shall govern in respect to such dissolution electionordered by the court.
2. The canvass of the vote at such election shall beconducted in the manner provided by this chapter for general elections.
[Part 47:64:1919; A 1933, 261; 1931 NCL 8063]
NRS
1. The secretary of the district shall at the time andin the manner provided in this chapter for certifying election returns certifythe result of the election to the district court of the county in which suchpetition for dissolution was filed.
2. The court shall examine such returns on the Mondayfollowing such certification at 1:30 p.m., and in case it is found that amajority of the electors cast their vote in favor of Dissolution of theDistrictYes, and that the electors voting at the election represent amajority of the acreage in the district, the court shall enter its orderdissolving the district, and thereupon the court shall enter its further orderdirecting the directors of the district to file with the court a financialstatement showing its indebtedness and other obligations. Such statement shallbe sworn to by the president before a notary public and attested by thesecretary of the district.
[Part 47:64:1919; A 1933, 261; 1931 NCL 8063]
NRS
[Part 47:64:1919; A 1933, 261; 1931 NCL 8063]
NRS
[Part 47:64:1919; A 1933, 261; 1931 NCL 8063]
NRS
1. In case there is other or current indebtedness ofthe district outstanding not represented by a contract with the United Statespursuant to the terms of this chapter, or represented by an outstanding bondissue duly authorized under the provisions of this chapter, the court shalldetermine the amount of such indebtedness outstanding against the district andprovide for its payment as stated in NRS539.750 to 539.777, inclusive.
2. The court shall nevertheless enter its orderdissolving the district, which order shall also direct and authorize the countyofficers hereinafter designated to act as ex officio officers of the districtfor the liquidation of such indebtedness.
3. The district directors shall have no further powerto incur further indebtedness after the entry of the order.
4. The court shall have power to enter any and allorders necessary to complete the dissolution of the district and effectuate theintent hereof.
5. The records and papers of every kind belonging tothe district shall be turned over to the county clerk for use by the propercounty officers in closing the affairs of the district. The county treasurershall perform the duties of district treasurer. The county assessor shallperform that portion of the duties of the secretary relating to districtassessor. The county clerk shall perform all the other duties of the secretaryof the board of directors. The board of county commissioners shall perform theduties of the board of directors. The district attorney shall perform suchduties as may be required of him by such county officers.
[Part 47:64:1919; A 1933, 261; 1931 NCL 8063]
NRS
1. The proper county officers shall proceed to levyand assess upon the lands embraced within such district proper assessments andto collect such additional taxes as may be necessary for the purpose of payingsuch remaining outstanding indebtedness not provided for by previousassessments.
2. Such assessments and levies shall be made as nearas may be in the same manner and with the same procedure as provided by thischapter.
3. All property of every kind belonging to thedistrict, including lands sold to the district for taxes, shall be sold by theboard of county commissioners as near as may be in the same manner as countylands acquired at tax sales and county property are now sold, and the proceeds,together with all money on hand, shall be used to pay off the remainingindebtedness of the district.
4. All funds remaining after the outstandingindebtedness has been paid shall be refunded and paid pro rata to the lastassessment payers according to the last assessment roll.
[Part 47:64:1919; A 1933, 261; 1931 NCL 8063]
NRS
[Part 47:64:1919; A 1933, 261; 1931 NCL 8063]
NRS
[Part 47:64:1919; A 1933, 261; 1931 NCL 8063]
UNLAWFUL ACTS AND PENALTIES
NRS
1. Any person who wrongfully and maliciouslyinterferes with any officer, agent or employee of the district in the properdischarge of his duties, is guilty of a public offense, as prescribed in
2. The irrigation district damaged by any such act mayalso bring a civil action for damages sustained by any such act, and in suchproceeding the prevailing party is entitled to attorneys fees and costs ofcourt.
[10b:64:1919; added 1923, 289; NCL 8019](NRS A1967, 611; 1979, 1486)
NRS
[10c:64:1919; added 1929, 286; NCL 8020]
Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
