[Rev. 11/22/2013 3:25:04 PM--2013]
Chapter 167, Statutes of Nevada 1947
AN ACT to create a water district in the Las Vegas Valley, Clark County, Nevada; to designate such District as the agency responsible for water distribution; to provide for the procurement, storage, and distribution and sale of water and rights in the use thereof from Lake Mead for industrial, irrigation, municipal, and domestic uses; to provide for the conservation of the ground water resources of the Las Vegas Valley, and to create authority to purchase, acquire and construct the necessary works to carry out the provisions of this act; to provide for the issuance of district bonds and other securities; to provide for the levy of taxes for the payment of operation and maintenance expenses and to supplement other revenues available for the payment of principal of and interest on such bonds and other securities of said District; granting said District the franchise to carry on its operations in municipal corporations within its boundaries; exempting the property and bonds of said District from taxation; validating the creation and organization of said District; and for other purposes related thereto.
(Ch. 167, Stats. 1947 p. 553; A—Ch. 130, Stats. 1949 p. 208; Ch. 120, Stats. 1969 p. 164; Ch. 646, Stats. 1971 p. 1518)
[Approved: March 27, 1947]
(Leadlines for sections have been supplied by the Legislative Counsel of the State of Nevada)
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
1. To have perpetual succession.
2. To sue and be sued in the name of said district in all actions and proceedings in all courts and tribunals of competent jurisdiction.
3. To adopt a seal and alter it at pleasure.
4. To take by grant, purchase, gift, devise, or lease, or otherwise, and to hold, use, enjoy, and to lease, or dispose of real or personal property of every kind within or without the District necessary or convenient to the full exercise of its power.
5. To acquire, by purchase, lease, construction, or otherwise, or contract to acquire, lands, rights-of-way, easements, privileges, and property of every kind, whether real or personal, and to construct, maintain, and operate any and all works or improvements within or without the District necessary or proper to carry out any of the objects or purposes of this act, and to complete, extend, add to, repair, or otherwise improve any works or improvements or property acquired by it as authorized by this act.
6. To store water in surface or underground reservoirs within the District for the common benefit of the District; to conserve and reclaim water for present and future use within the District; to appropriate and acquire water and water rights, and import water into the District, and to conserve same within the District, for any useful purpose to the District; to commence, maintain, intervene in, and compromise in the name of the District, or otherwise, and to assume the costs and expenses of any action or proceeding involving or affecting the ownership or use of waters or water rights within the District used or useful for any purpose of the District or of common benefit to any land situated therein, or involving the wasteful use of water therein; to commence, maintain, intervene in, defend, and compromise, and to assume the cost and expenses of, any and all actions and proceedings now or hereafter begun; to prevent interference with or diminution of; to prevent contamination, pollution or otherwise rendering unfit for beneficial use of the surface or subsurface water used in said District, and to commence, maintain, and defend actions and proceedings to prevent any such interference with the aforesaid waters as may endanger or damage the inhabitants, lands or use of water in the District.
7. To have and exercise in the State of Nevada the right of eminent domain, either within or without said District, and in the manner provided by law for the condemnation of private property for public use, to take any property necessary to carry out any of the objects or purposes of this act, whether such property be already devoted to the same use by any district or other public corporation or agency or otherwise, and to condemn any existing works or improvements in said District now or hereafter used. The power of eminent domain vested in the Board of Directors of said District shall include the power to condemn, in the name of the District, either the fee simple or any lesser estate or interest in any real property which said Board by resolution shall determine is necessary for carrying out the purposes of this act. Such resolution shall be prima facie evidence that the taking of the fee simple or easement, as the case may be, is necessary.
8. To enter upon any land, to make surveys and locate the necessary works of improvement and the lines for channels, conduits, canals, pipelines, roadways, and other rights-of-way; to acquire by purchase, lease, contract, condemnation, gift, or other legal means, all lands and water and water rights and other property necessary or convenient for the construction, use, supply, maintenance, repair, and improvement of said works, including works constructed and being constructed by private owners, lands for reservoirs for storage of necessary water, and all necessary appurtenances, and also where necessary or convenient to said end, and for said purposes and uses, to acquire and hold the stock of corporations, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions, or rights; to enter into and do any acts necessary or proper for the performance of any agreement with the United States, or any state, county, district of any kind, public or private corporation, association, firm or individual, or any number of them, for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance, repair, or operation of any rights, works, or other property of a kind which might be lawfully acquired or owned by said Water District; to acquire the right to store water in any reservoirs, or to carry water through any canal, ditch or conduit not owned or controlled by the District; to grant to any owner or lessee the right to the use of any water or right to store such water in any reservoir of the District, or to carry such water through any tunnel, canal, ditch, or conduit of the District; to enter into and do any acts necessary or proper for the performance of any agreement with any district of any kind, public or private corporation, association, firm or individual, or any number of them, for the transfer or delivery to any such District, corporation, association, firm, or individual of any water right or water pumped, stored, appropriated, or otherwise acquired or secured for the use of the said District, or for the purpose of exchanging the same for other water, water right, or water supply in exchange for water, water right, or water supply to be delivered to said District by the other party to said agreement; to cooperate with, and to act in conjunction with, the State of Nevada, or any of its engineers, officers, boards, commissions, departments, or agencies, or with the government of the United States, or any of its engineers, officers, boards, commissions, departments, or agencies, or with any public or private corporation, in the construction of any work for the importation and distribution of water of said District, or for the protection of life or property therein, or for the purpose of conserving said waters for beneficial use within said District, or in any other works, acts, or purposes provided for herein, and to adopt and carry out any definite plan or system of work for any such purpose.
9. To carry on technical and other investigations of all kinds, make measurements, collect data, and make analyses, studies, and inspections pertaining to water supply, water rights, control of floods and use of water, both within and without said District, and for this purpose said District shall have the right of access through its authorized representative to all lands and premises within said District.
11. To cause taxes to be levied and collected for the purpose of paying any obligation of the District during its organizational state, including necessary engineering costs and further to assist in the operational expenses of said District until such taxes are no longer required therefor.
12. To supplement the ground-water resources of Las Vegas Valley by the importation and use of the waters of Lake Mead, under the Nevada allocation, for industrial, irrigation, municipal, and domestic uses.
13. To make contracts, and to employ labor, and to do all acts necessary for the full exercise of all powers vested in said district, or any of the officers thereof, by this act.
14. To supply water under contract, agreement, or in other legal manner to the United States of America, or any department thereof, the State of Nevada, Clark County, and any city, town, corporation, individual, association, or partnership situated within Clark County, Nevada, for an appropriate charge, consideration, or exchange made therefor, when such supply is available or can be developed as an incident of or in connection with the primary functions and operations of the District.
15. To have the right to provide from revenues or other available funds an adequate depreciation fund for the replacement of parts of the works and properties of the District.
16. To create assessment districts for the purpose of acquiring water projects.
17. To accept from the Government of the United States or any of its agencies financial assistance or participation in the form of grant-in-aid or any other form in connection with any of the functions of the Water District.
(Ch. 167, Stats. 1947 p. 553; A—Ch. 307, Stats. 1951 p. 477; Ch. 425, Stats. 1955 p. 872; Ch. 302, Stats. 1963 p. 547; Ch. 646, Stats. 1971 p. 1511; Ch. 482, Stats. 1981 p. 978; Ch. 203, Stats. 1997 p. 560)
1. The Las Vegas Valley Water District is hereby designated as the agency responsible for water distribution within the boundaries of the District. The Water District may exercise, in connection with its distribution functions, all of the powers granted in this act.
2. The Las Vegas Valley Water District may, pursuant to an agreement with the Southern Nevada Water Authority, operate and maintain all existing and future Southern Nevada water project facilities and water treatment plants, and the money necessary to carry out these responsibilities must be provided to the Water District by the Southern Nevada Water Authority from money collected from the users of water.
(Added—Ch. 646, Stats. 1971 p. 1514; A—Ch. 664, Stats. 1975 p. 1316; Ch. 271, Stats. 1981 p. 518; Ch. 398, Stats. 1983 p. 972; Ch. 393, Stats. 1995 p. 976)
1. Except as otherwise provided in subsection 2, nothing in this chapter requires the District to furnish water for the purpose of filling or maintaining an artificial lake or stream where that use of water is prohibited or restricted by ordinance of:
(a) The County, if the artificial lake or stream is located within the unincorporated areas of the County; or
(b) A city, if the artificial lake or stream is located within the boundaries of the City.
2. The provisions of subsection 1 and of any ordinance referred to in subsection 1 do not apply to:
(a) Water stored in an artificial reservoir for use in flood control, in meeting peak water demands or for purposes relating to the treatment of sewage;
(b) Water used in a mining reclamation project; or
(c) A body of water located in a recreational facility that is open to the public and owned or operated by the United States or the State of Nevada.
(Added—Ch. 628, Stats. 1989 p. 1446)
Sec. 5.1. Board of Directors: Composition. Notwithstanding any other provisions of this act or any other law the Board of Directors of the District shall be composed of the County Commissioners of Clark County.
(Added—Ch. 401, Stats. 1957 p. 772; A—Ch. 365, Stats. 1971 p. 654; Ch. 646, Stats. 1971 p. 1514; Ch. 468, Stats. 1977 p. 931)
Sec. 8. Officers and assistants; office and meetings of Board; quorum; records. The officers of the District shall consist of Directors as specified in section 5.1, a President, a Vice President, a Secretary and a Treasurer. The Chair of the Board of County Commissioners of Clark County may be President of the Board of Directors of the District, or the Board of County Commissioners may, at its first meeting in January of each year, designate another of its members to serve as President of the Board of Directors of the District for a term of 1 year. The Vice Chair of the Board of County Commissioners may be Vice President of the Board of Directors of the District, or the Board of County Commissioners may, at its first meeting in January of each year, designate another of its members to serve as Vice President of the Board of Directors of the District for a term of 1 year. The Board may appoint an Assistant Secretary, who shall exercise such powers and perform such duties of the Secretary as may be designated by the Board of Directors, except that the Assistant Secretary may not sign on behalf of the Secretary any bonds of the District. The Secretary and Treasurer shall be appointed by the Board of Directors and may not be members of the Board. These officers shall serve at the will of the Board. One person may be appointed to serve as Secretary and Treasurer. The Board may designate the County Clerk of Clark County and the County Treasurer of Clark County, respectively, to act ex officio as Secretary and Treasurer, or it may designate some other person to fill either or both of the offices. No additional bond may be required of the County Treasurer of Clark County as ex officio District Treasurer. The Board may also appoint an Engineer and Manager and such other assistants as may be necessary. The Board of Directors shall designate some place within the county as the office of the Board and shall hold a regular monthly meeting in this office on such day of the month as that fixed upon by resolution duly entered upon the minutes. All meetings of the Board must be public, and, except as otherwise provided in NRS 241.0355, a majority of the members constitutes a quorum for the transaction of business, but on all questions requiring a vote, there must be an affirmative vote of a least a majority of all the members of the Board. All records of the Board must be open to the inspection of any elector during business hours.
(Ch. 167, Stats. 1947 p. 561; A—Ch. 401, Stats. 1957 p. 774; Ch. 646, Stats. 1971 p. 1515; Ch. 468, Stats. 1977 p. 932; Ch. 255, Stats. 2001 p. 1132)
1. The Board of Directors may manage and conduct the business and affairs of the District, make and execute all necessary contracts, employ and appoint such agents, officers, and employees, delegates to conventions, or other representatives in the interest of the District as may be required, and prescribe their duties and remuneration, and establish bylaws, rules and regulations for the distribution and use of water in the District. Said bylaws, rules and regulations must be printed in convenient form for distribution throughout the District. To acquire control over government lands within the District, and to comply with the provisions of an Act of Congress of August 11, 1916, entitled “An Act to promote reclamation of arid lands,” the Board may make such investigation, and base thereon such representations and assurances to the Secretary of the Interior as may be requisite. The Board and its agents and employees may enter upon any land to make surveys, and may locate the necessary irrigation and other works, and the lines of any canal or canals, and the necessary branches for the same, on any lands which may be deemed best for such location.
2. The Board may provide its employees with benefits relating to their retirement, disability and death, including the establishment of a pension plan. The Board may enter into contracts relating to the administration of its pension plan and may deposit assets of the plan with the third-party fiduciaries for investment and management.
3. The Board may invest and reinvest the money in its pension fund as provided in this section and may employ investment counsel for that purpose. The Board may also employ persons to provide supervisory services, audits and other related services that it deems necessary to invest effectively and safeguard the money in the pension funds. The Board may contract with financial institutions for services relating to its investments and pension fund.
4. No person, firm or corporation engaged in business as a broker or dealer in securities or having a direct pecuniary interest in any such business who receives a commission for transactions performed as an agent for the directors acting as trustees of the pension plan is eligible for employment as investment counsel for the Board.
5. The Board shall not engage investment counsel unless:
(a) The principal business of the person, firm or corporation selected consists of giving continuous advice as to the investment of money on the basis of the individual needs of each client;
(b) The person, firm or corporation and its predecessors have been continuously engaged in such a business for 5 or more years;
(c) The person, firm or corporation is federally registered as an investment adviser; and
(d) The contract between the Board and the investment counsel is voidable at any time by either party.
6. The Board and its individual members are not liable for decisions made by the investment counsel if they obtain a qualified investment counsel, establish proper objectives and policies and issue appropriate interim directions. The investment counsel if liable for any decision that is not made in accordance with the objectives and policies established by the Board and any applicable interim directions.
7. All expenses incurred in obtaining and reviewing the decisions regarding investments must be paid out of the pension fund.
8. The Board may invest the money in its pension fund in every kind of investment which people of prudence, discretion and intelligence acquire or retain for their own account.
(Ch. 167, Stats. 1947 p. 562; A—Ch. 368, Stats. 1987 p. 837)
1. Any bill for water or services furnished by the District which is delinquent for more than 60 days must be listed on a delinquent list prepared by the District. The list must identify the property to which the water was furnished in a manner which permits the owner thereof to easily identify his or her property, state the name of the property owner and list the delinquent amount. Such lists may be filed with the County Tax Collector and upon filing, the properties described therein are subject to a lien for nonpayment of the delinquent amounts. If such a list is filed, the County Tax Collector shall include the delinquent amounts on the next tax bill for the property and shall enforce collection of the amounts in the same manner and with the same penalties and rights of foreclosure which apply to the levy, collection and enforcement of property taxes. The remedy for nonpayment of bills provided in this section is in addition to any other available remedies, including but not limited to termination of service, which the District may elect to use for such nonpayment.
2. Upon compliance with subsection 5 and until paid, all charges delinquent for more than 60 days and filed with the County Tax Collector constitute a perpetual lien on and against the property served, and the lien is prior and superior to all liens, claims and titles other than liens of general taxes and special assessments, and not subject to extinguishment by the sale of any property on account of nonpayment of any such liens, claims and titles including the liens of general taxes and special assessments, and any such lien may be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics’ liens. Before any such lien is foreclosed the Board shall hold a hearing thereon after notice thereof by publication and by registered or certified first-class mail, postage prepaid, addressed to the last known owner at his or her last known address according to the records of the District and the real property assessment roll in the county in which the property is located.
3. The Board shall prescribe and enforce regulations for the connection with and the disconnection from properties of the facilities of the District and the taking of its services and provide for the collection of charges.
4. As a remedy established for the collection of due and unpaid deposits and charges and the penalties thereon an action may be brought in the name of the District in any court of competent jurisdiction against the person who occupied the property when the service was rendered or the deposit became due or against any person guaranteeing payment of bills, or against any or all of those persons, for the collection of the amount of the deposit or the collection of delinquent charges and all penalties thereon.
5. A lien against the property served is not effective until a notice of the lien, separately prepared for each lot affected, is:
(a) Mailed to the last known owner at his or her last known address according to the records of the District and the real property assessment roll of the county in which the property is located;
(b) Delivered by the Board to the Office of the County Recorder of the county within which the property subject to the lien is located;
(c) Recorded by the County Recorder in a book kept by him or her to record instruments encumbering land; and
(d) Indexed in the real estate index as deeds and other conveyances are required by law to be indexed.
(Added—Ch. 797, Stats. 1973 p. 1789; A—Ch. 358, Stats. 1975 p. 504; Ch. 368, Stats. 1987 p. 839)—(Not analogous to former sec. 9.1)
Sec. 9.2. Schedule of rates: Notice and hearing. No schedules of rates and charges for water shall be adopted, put into effect or amended by the District until a public hearing is had on each such schedule charge or amendment. All such public hearings shall be called and held by the Board of Directors following notice of such hearing in such manner as the Board deems proper and appropriate.
(Added—Ch. 797, Stats. 1973 p. 1789)
1. The Board of Directors may appoint and fix the compensation of a General Manager. The General Manager holds office at the pleasure of the Board of Directors and may be removed from office at any time. The General Manager must possess such qualifications as the Board may from time to time establish. The General Manager is the Chief Administrative Officer of the District and shall perform such functions of the District as may be required by the Board. The General Manager may, with the approval of the Board, appoint such assistants and other employees as are necessary to the proper functioning of his or her office. The salaries of these assistants and employees and other expenses of conducting the Office of the General Manager must be fixed by the General Manager with the consent and approval of the Board.
2. The total number of permanent employees must be approved by the Board. The General Manager shall establish the appropriate classifications and duties of the staff.
3. The General Manager may, with the approval of the Board:
(a) Determine the operational, organizational and financial structure of the District.
(b) Operate and maintain the District’s plants, facilities and water conduits.
(c) Subcontract for services to be rendered and products to be produced by the District in accordance with applicable state statutes governing public works projects and purchasing by governmental entities.
(d) Establish procedures for the security of all employees, equipment, facilities, plants and property of the District.
(e) Establish reasonable methods for reporting and recording time worked by the District’s employees.
(f) Designate employees of the District to prepare, sign and serve written citations on persons in areas serviced by the Water District who are accused of violating any provisions of this act or willfully violating any ordinance related to the waste or water which is adopted by a local government within the service area of the District. An employee designated pursuant to this paragraph shall comply with the provisions of NRS 171.1773.
1. It is lawful for a person to obtain any water or service provided by the District with intent to avoid payment therefor, by:
(a) Opening, breaking into, tapping or connecting with any pipe, flume, ditch, conduit, reservoir, meter or other apparatus belonging to or used by any other person or by the District, and taking and removing from it or allowing to flow or be taken from it water belonging to another;
(b) Connecting a pipe, tube, flume, conduit or other instrument or appliance with any pipe, conduit, tube, flume, meter or other apparatus belonging to or used by the district, or belonging to or used by any other person in such a manner as to take from it water for any purpose or use without passing through the meter or instrument or other means provided for registering the quantity consumed or supplied, unless otherwise approved by the District;
(c) Altering, disconnecting, removing, injuring or preventing the action of any headgate, meter or other instrument used to measure or register the quantity of water used or supplied; or
(d) Injuring or interfering with the efficiency of any meter, pipe, conduit, flume, hydrant or other attachment or apparatus belonging to or used by the District.
2. If the value of the service involved or the property damaged or stolen is:
(a) Five hundred dollars or more, a person violating the provisions of subsection 1 is guilty of a gross misdemeanor.
(b) Less than $500, a person violating the provisions of subsection 1 is guilty of a misdemeanor.
Ê In determining the value of the service involved, the value of all services unlawfully obtained or attempted to be obtained within 3 years before the time the indictment is found or the information is filed may be aggregated.
3. Subsections 1 and 2 apply when the service involved either originates or terminates, or both, in the District, or when the charges for the service would have been billable in the normal course by a person providing the service in the District but for the fact that the service was obtained or attempted to be obtained by one or more of the means set forth in subsection 1.
4. The District may bring a civil action for damages against any person who willfully and knowingly obtains, attempts to obtain or solicits, aids or abets another to obtain any service or product provided by the District by:
(a) Opening, breaking into, tapping or connecting with any pipe, flume, ditch, conduit, reservoir, meter or other apparatus owned or used by another person;
(b) Bypassing any meter or other instrument used to register the quantity consumed or supplied; or
(c) Altering, disconnecting, removing, injuring or preventing the action of any meter or other instrument used to register the quantity consumed or supplied,
Ê and recover a sum equal to the amount of the actual damages, plus all reasonable costs and expenses incurred by the District because of that conduct, including the cost of equipment, investigating the matter and expert witnesses and attorney’s fees.
(Ch. 167, Stats. 1947 p. 563; A—Ch. 797, Stats. 1973 p. 1789; Ch. 358, Stats. 1975 p. 505; Ch. 368, Stats. 1987 p. 841)
1. All money belonging to or in the custody of the Water District, other than money in the pension fund, must, so far as possible, be deposited in such state or national bank or banks in this state as the Treasurer or other officer of the Water District having legal custody of the money selects. The money is subject to withdrawal at any time on demand of the treasurer or other authorized officer, subject to his or her compliance with any order, directive or policy established by the Board.
2. To secure those deposits the depositary shall deliver to the Treasurer of the Water District a bond of a corporate surety qualified to act as sole surety on bonds or undertakings required by the laws of this state, and approved by the insurance commissioner as a company possessing the qualifications required for the purpose of the transacting a surety business within this state. The penal amount of the bond must at no time be less than the amount of money deposited by the Water District with the depositary. The bond must guarantee the full repayment to the water district or the payment to its order of all money so deposited, together with interest thereon. The premium for the bond may be paid out of the money so deposited or the Board of directors may require that it be paid by the depositary.
3. The depositary may, in lieu of corporate surety bond:
(a) Deposit with the Treasurer of the Water District treasury notes or United States bonds, or other securities which are legal investments for banks in this state, the market value of which must at all times equal the amount of money deposited and the securities must be placed by the Treasurer in escrow in a bank other than the depositary of the money of the District; or
(b) With the prior approval of the Board of Directors, pool the District’s securities with those from other public agencies, to secure deposits if adequate securities are provided for the entire deposit.
4. If the depositary fails to repay the money to the District on demand, or to pay the money to its order, the securities placed in escrow must be redelivered to the Treasurer and may be sold by the Treasurer with or without notice, and the proceeds thereof used to reimburse the District. The Treasurer, or other officer of the District having legal custody of its money, may deposit the money, in whole or in part, in any bank, or savings and loan association, whose deposits are insured by an agency of the Federal Government. The Treasurer may deposit the money in the same manner and under the same conditions as may be applicable to the deposit of state, county or municipal money by the legal custodians thereof. The Treasurer or other officer shall at all times comply with any order, directive or policy determination with respect to those deposits which may be established by the Board.
(Ch. 167, Stats. 1947 p. 563; A—Ch. 797, Stats. 1973 p. 1790; Ch. 354, Stats. 1979 p. 588; Ch. 16, Stats. 1981 p. 18; Ch. 368, Stats. 1987 p. 842)
Sec. 12. Contracts of indemnity and guaranty. The Board of Directors of any district now or hereafter organized under the provisions of this act shall have power to enter into contracts of indemnity and guaranty, in such form as may be approved by said Board, relating to or connected with the performance of any contract or agreement which said District shall be empowered to enter into under the provisions of this act or any other law of this state.
(Ch. 167, Stats. 1947 p. 564)
Sec. 13. Board of Directors: Compensation and expenses; compensation of officers and employees. The members of the Board of Directors, except as otherwise provided in this section, shall each receive not more than forty dollars per day, as determined by the Board of Directors, and actual traveling expenses for each day spent attending meetings of said Board or while engaged in official business under the order of the Board, but compensation, exclusive of traveling expenses shall not exceed $400 in any month for any member. The members of the Board who are also members of the Board of County Commissioners of Clark County shall not receive the compensation provided by this section but may receive actual traveling expenses. The Board shall fix the compensation to be paid to the officers and employees of the District.
(Ch. 167, Stats. 1947 p. 564; A—Ch. 302, Stats. 1963 p. 550; Ch. 646, Stats. 1971 p. 1516; Ch. 797, Stats. 1973 p. 1791)
Sec. 14. Interest of Director or officer in contract prohibited; penalties. No Director or any other officer named in this act shall in any manner be interested, directly or indirectly, in any contract awarded by the Board, or in the profits to be derived therefrom; and for any violation of this provision such officer shall be deemed guilty of a misdemeanor, and upon conviction thereof shall suffer a forfeiture of his or her office, and he or she shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not to exceed six months or by both such fine and imprisonment.
(Ch. 167, Stats. 1947 p. 564)
Sec. 15. Limitation on incurring debt or liability. The Board of Directors, or other officers of the District, shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this act, and any debt or liability incurred in excess of such express provisions shall be and remain absolutely void.
(Ch. 167, Stats. 1947 p. 565)
1. It is the intent of this act that, so far as possible, the principal of and interest on any bonds issued by the District be paid from revenues from the works and properties of the District. The Board shall from time to time establish reasonable rates and charges for the products and services furnished by such works and properties, and no board or commission other than the governing body of the District has authority to fix or supervise the making of those rates and charges. The rates and charges may be in such forms as, but not exclusively limited to, service charges, monthly commodity charges, late charges, delinquent processing charges, lump-sum installment charges or connection charges. In establishing the rates, the Board shall consider the equitable allocation and recovery of costs of providing facilities and delivery of water service, except that the rates may be established in such a way as to encourage the conservation of water. Service from different sources or to areas which are noncontiguous to the existing service area of the District may be deemed to be different classes or conditions of service for the purposes of this section.
2. Subject to the limitation that the rates and charges be reasonable, the Board shall fix rates and charges which will produce sufficient revenues to pay the operating and maintenance expenses of such works and properties, the general expenses of the District, the principal of and interest on all outstanding bonds of the district as the same fall due and any payments required to be made into any sinking fund for such bonds.
3. Anything to the contrary in this act notwithstanding, the District may, in any contract with the United States of America, the State of Nevada, or the Colorado River Commission, agree to furnish water to any of the foregoing, or to purchasers, lessees or others holding under any of the foregoing, at such rates, charges or other consideration as may be specified in the contract.
(Added—Ch. 307, Stats. 1951 p. 482; A—Ch. 358, Stats. 1975 p. 505; Ch. 628, Stats. 1989 p. 1447)
Sec. 17. Remedies of holder of bond or trustee of holders of bonds. That in addition to all other remedies, any holder of a bond of the District incorporated under this act, including a trustee for bond holders, shall have the right, subject to any contractual limitations binding upon such bond holders or trustee, and subject to the prior or superior rights of others:
(1) By mandamus or other suit, action or proceedings, at law or in equity, to enforce his or her rights against such District and the Board of such District, including the right to require such District and such Board to fix and collect rates and charges adequate to carry out any agreement as to, or pledge of, the revenues produced by such rates or charges, and to require such District and such Board to carry out any other covenants and agreements with such bond holder and to perform its and their duties under this act.
(2) By action or suit in equity to enjoin any acts or things which may be unlawful or a violation of the rights of such bond holder.
(3) By action or suit in equity to require such authority to act as if it were the trustees of an express trust for such bond holder
(4) By suit, action, or proceeding in court exercising equitable jurisdiction to obtain the appointment of a receiver of the enterprise in which the District is engaged or any part or parts thereof, who may enter and take possession of such utility or any part or parts thereof, including all property, land, property rights, easements, and other adjuncts of the utility, and such receiver may operate and maintain the same, and collect and receive all revenues thereafter arising therefrom in the same manner as such District itself might do, and shall deposit all such moneys in a separate account or accounts and apply the same in accordance with the obligations of such District as the court shall direct.
(Ch. 167, Stats. 1947 p. 567)
1. If any areas of the District lie within the boundaries of any incorporated city or town, the District shall, within the limits of the municipal corporation, comply with all laws and ordinances of the incorporated city or town covering fire codes, building codes, electrical codes and plumbing codes, except that the district may make its own installations. The District shall comply with planning and zoning ordinances except as to the construction of wells, reservoirs, pump stations, substations and other facilities used for the production, storage and distribution of water in the area embraced within the now existing well field in the following described parcel of land, being portions of sections 29, 30, 31 and 32, T 20 S., R. 61 E., M.D.B. & M., more particularly described as follows:
Commencing at the intersection of the northerly boundary line of West Charleston Boulevard with the westerly boundary line of E 1/2 of E 1/2 of section 31; thence northerly along the westerly boundary of the E 1/2 of E 1/2 of section 31 and the westerly boundary line of the E 1/2 of the E 1/2 of section 30 to a point distant southerly along said boundary line 400 feet from the northerly boundary line of the S 1/2 of S 1/2 of section 30; thence easterly parallel to and distant 400 feet from the northerly boundary line of the S 1/2 of the S 1/2 of section 30 and the northerly boundary line of the S 1/2 of the S 1/2 of section 29 to a point distant 400 feet southerly parallel to westerly boundary line of section 29 from a point in the northerly boundary line of the S 1/2 of the S 1/2 of section 29 distant along said northerly boundary 2,300 feet from the northeast corner of the S 1/2 of SW 3/4 of section 29; thence south 400 feet parallel to the west line of said section 29; thence easterly in a direct line to a point on the north-south center line of said section 29 distant south thereon 700 feet southerly from the northeast corner of said S 1/2 of the SW 3/4 of said section 29; thence south along said north-south center line to the south line of said section 29; thence continuing southerly 300 feet to a point; thence westerly 1,400 feet parallel to the northerly line of section 32 to a point; thence southwesterly in a direct line to a point in the westerly boundary line of said section 32 distant northerly along said boundary line 550 feet from the southwest corner of the NW 1/2 of said section 32; thence southerly along the westerly boundary line of said section 32 to its intersection with the northerly boundary line of West Charleston Boulevard; thence along the northerly boundary line of West Charleston Boulevard to the point of commencement.
2. The District may enlarge, maintain, repair and reconstruct present existing facilities now located on property now owned by the District.
3. The District may own and operate its system for the distribution of water within the boundaries of any municipal corporation lying wholly or partly within the boundaries of the District. No franchise tax may be imposed for the privilege, but the District shall install and operate its properties and facilities within the boundaries of the municipal corporation in such a manner as to cause a minimum of inconvenience. Where such facilities are installed in the public streets and alleys, subways, viaducts, channel for controlling floods, bridges, underpasses and boxed culverts of any municipal corporation, the District shall restore such structures within a reasonable time to as good a condition as they were in before the installation. The District shall notify the municipality before the opening and restoring of the original condition of the structure in the municipal corporation.
4. All property of the District is exempt from taxes imposed by the State of Nevada and its political subdivision. The bonds issued by the District and the income from them are also exempt from taxation in this state except for the tax on estates imposed pursuant to the provisions of chapter 375A of NRS and the tax on generation-skipping transfers imposed pursuant to the provisions of chapter 375B of NRS.
5. The District and the Colorado River Commission may enter into such leases and agreements with each other for short or long terms as may be considered mutually desirable in order to carry out the purposes of this act. Any agreement may specifically, but without limitation, grant to the District the right to take from the Colorado River all water not heretofore otherwise appropriated to which the State of Nevada may be entitled and to purchase from the Colorado River Commission all or any part of the water of the Colorado River which is under the jurisdiction of the Commission and which has not heretofore been allocated to or appropriated by other users.
Sec. 19.1. Powers supplemental; applicability of other laws. Any powers expressly granted by this act are in addition to other powers available to the District under the general laws of this state. All provisions of Nevada Revised Statutes which apply to public districts of the State and which are not in conflict with this act may be utilized by the District in order that such District may carry out its corporate purposes in the most efficient manner.
(Added—Ch. 797, Stats. 1973 p. 1794)
Sec. 19.2. Location of facilities in county or state structures; cost of relocation. The District may locate its facilities in roads, highways, subways, viaducts, channels for controlling floods, bridges, underpasses and boxed culverts owned or maintained by a county in the same manner that it may locate its facilities in such municipal structures. The District may, upon obtaining the required state permit, locate its facilities in roads, highways, subways, viaducts, channels for controlling floods, bridges, underpasses and boxed culverts owned or maintained by the State in the same manner that it may locate its facilities in such municipal structures. Upon locating a facility pursuant to section 19 or this section, any subsequent cost of relocating the facility which is necessitated by realignment or change of grade of the structure must be borne by:
1. The municipality or county having jurisdiction over the structure, if applicable;
2. The State, if appropriate under the provisions of NRS 408.407; or
3. In all other cases, the District.
Sec. 20. Eminent domain. That the power of eminent domain herein granted may be exercised in the manner provided by chapter 37 of NRS, as amended or supplemented, or any law hereafter enacted for that purpose. Such power of eminent domain is hereby specifically made to include the right to condemn for the purposes of the District any existing water system and the franchise thereof, whether or not such existing water system may lie, in whole or in part, within the boundaries of any municipal corporation; provided, that the power of eminent domain herein specified shall not include the right to condemn any existing water system or the franchise thereof which is owned, operated, or controlled by any incorporated city within said District. Where condemnation proceedings for the condemnation of an existing water system are brought, the court, jury, commissioners, or referee hearing testimony on damages under the provisions of chapter 37 of NRS, shall take into consideration in determining the amount of damages, the value of the franchise and good will of such existing utility, and for the purpose of determining the amount of such damages, may require that there be presented evidence from duly qualified experts in the management and operation of utility properties. Where an existing water system is so condemned, the District shall be entitled to take possession thereof upon the entry of judgment regardless of the fact that an appeal may be pending, but in such event the district shall be required to pay into court the full amount of the judgment, together with such further reasonable sum as may be required by the court to pay any further damages and costs that may be recovered in said proceedings as all damages that may be sustained by the defendant if for any cause the property shall not be finally taken by the District.
(Ch. 167, Stats. 1947 p. 568; A—Ch. 130, Stats. 1949 p. 216; Ch. 797, Stats. 1973 p. 1795)
Sec. 21. Severability. That if any provision of this act, or the application of such provision to any person, body, or circumstances shall be held invalid, the remainder of this act, or the application of such provision to persons, bodies, or circumstances other than those as to which it shall have been held invalid, shall not be affected thereby.
(Ch. 167, Stats. 1947 p. 568)
(Ch. 167, Stats. 1947 p. 568)
1. The Las Vegas Valley Water District is hereby declared to be a validly created and legally existing district under the provisions of chapter 167, Statutes of Nevada 1947, as amended, a governmental subdivision of the State of Nevada, a body corporate and politic, and a quasi-municipal corporation. The District is hereby authorized to carry out all of the powers imposed on it by the provisions of chapter 167, Statutes of Nevada 1947, as it now exists or as it may hereafter be amended. The District is comprised of the area of the County of Clark as set forth in NRS 243.035, except for all that real property described in section 1 of chapter 100, Statutes of Nevada 1993.
(Added—Ch. 130, Stats. 1949 p. 216; A—Ch. 302, Stats. 1963 p. 551; Ch. 433, Stats. 1967 p. 1123; Ch. 646, Stats. 1971 p. 1517; Ch. 129, Stats. 1987 p. 297; Ch. 752, Stats. 1989 p. 1775; Ch. 100, Stats. 1993 p. 168)
1. The boundaries of the District may be enlarged by the inclusion of additional real property in the manner provided in this section.
2. Persons constituting all the fee owners of real property in an area lying outside of the District desiring to be served water may petition the Board of Directors to include such area within the district. The petition shall:
(a) Set forth an accurate legal description of the property to be included in the district.
(b) State that the assent to the inclusion of such property is given by the signers thereof, constituting all of the fee owners of real property in such area.
(c) Be acknowledged in the same manner as is required for a conveyance of land.
3. After consideration of the petition by the Board of Directors, the petition shall not be withdrawn and no objections shall be considered except in case of fraud or misrepresentation.
4. The Board of Directors shall hear the petition at an open meeting after publishing a notice of the filing of the petition, of the place, time and date of the meeting, and of the names and addresses of the petitioners. The Board of Directors shall grant or deny the petition, and the action of the Board of Directors shall be final and conclusive. If the petition is granted as to all or any of the real property therein described, the Board of Directors shall make an order to that effect.
5. After the date of inclusion of an additional area, such property shall be subject to all of the taxes imposed by the District, and shall be liable for its proportionate share of existing general obligation bonded indebtedness of the District, but it shall not be liable for any taxes levied or assessed prior to its inclusion in the District.
(Added—Ch. 302, Stats. 1963 p. 553)
Sec. 24. Severability. That if any provision or provisions of this act or the application of such provision or provisions to any person, body or circumstance shall ever be held by any court of competent jurisdiction to be invalid or ineffective for any purpose, the remaining provisions of this act and the application thereof to persons, bodies or circumstances other than those as to which it shall have been held to be invalid or ineffective shall not be affected thereby.
(Added—Ch. 130, Stats. 1949 p. 218)
Sec. 25. “Improvement” defined. As used in section 26, “improvement” means the construction, extension and improvement of water mains, lines, pipes, conduits and appurtenances and water distribution systems, the acquisition of existing and operating private water companies and mutual water-distributing systems, and generally the acquisition of any water project.
(Added—Ch. 446, Stats. 1963 p. 1196; A—Ch. 482, Stats. 1981 p. 981)
1. Such part of the expenses for making improvements as the Board shall determine may be paid from the general funds of the District or the cost of a portion thereof, as the Board shall determine, may be defrayed by special assessment upon lots and premises abutting upon such improvement or proposed improvement, or the lands abutting upon such improvement or proposed improvement and such other lands as in the opinion of the board may be benefited by the improvement.
2. When the Board shall determine to make any such improvement or in any way improve the same, and shall determine to defray the whole or any part of the costs or expenses thereof by special assessment, the Board shall so declare by resolution, stating the improvements and what part or proportion of the expenses thereof shall be paid by special assessments, and what amounts shall be paid out of the general funds of the District.
(Added—Ch. 446, Stats. 1963 p. 1196)
1. At the request of the Southern Nevada Water Authority, to pay all or any part of the cost of one or more water projects, the District may issue special obligations of the District which are secured by, or general obligations of the District which are additionally secured by:
(a) Revenue derived from any water project owned, constructed, acquired or improved by the Southern Nevada Water Authority;
(b) Revenue made available to the District for payment of debt service by the Southern Nevada Water Authority or any member; or
(c) Any combination of paragraphs (a) and (b) of this subsection.
Ê Any revenue pledged by the Southern Nevada Water Authority or any member pursuant to this subsection may be treated as pledged revenue of the water project for the purpose of subsection 3 of NRS 350.020.
2. The Southern Nevada Water Authority or any member may contract with the District to make specified revenue available to the district for the payment of debt service. Such a contract must be irrevocable for the term of the obligations secured by the contract or any obligations refunding those obligations.
3. The provisions of chapter 350 of NRS govern the issuance of general or special obligations pursuant to this section.
4. Subject to any lien imposed for the benefit of the owners of bonds:
(a) The proceeds of any bonds issued pursuant to this section must be expended at the direction of the Southern Nevada Water Authority; and
(b) Title to any water project financed with obligations issued pursuant to this section must be held by the Southern Nevada Water Authority.
5. To ensure whole or partial payment of the special or general obligations of the district issued pursuant to this section, the payment of which is secured by a pledge of the revenue derived from a water project, the Southern Nevada Water Authority shall establish, maintain, and if necessary, periodically revise a schedule or schedules of fees, rates and charges for services and facilities provided by the water project. The fees, rates and charges must:
(a) Produce sufficient revenue to ensure the payment of the general or special obligations of the district and to discharge any covenant in the proceedings of the district authorizing the issuance of any of those obligations, including any covenant for the establishment of reasonable reserve funds; and
(b) Produce sufficient revenue to pay the:
(1) Expenses associated with the operation and maintenance of works and properties;
(2) Expenses associated with providing services; and
(3) General expenses,
Ê of the Southern Nevada Water Authority.
6. As used in this section, unless the context otherwise requires:
(a) “Member” means a member of the Southern Nevada Water Authority.
(b) “Water project” means facilities pertaining to a water system for the collection, transportation, treatment, purification and distribution of water, including, without limitation, springs, wells, ponds, lakes, water rights, other raw water sources, basin cribs, dams, spillways, retarding basins, detention basins, reservoirs, towers and other storage facilities, pumping plants, infiltration galleries, filtration plants, purification systems, other water treatment facilities, waterworks plants, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service pipes, force mains, submains, syphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation, or any combination thereof.
(Added—Ch. 631, Stats. 1993 p. 2643)
1. At the request of the Southern Nevada Water Authority, to pay all or any part of the cost to acquire, establish, construct, improve or equip, or any combination thereof, one or more water facilities, the Board of Directors of the District may impose an excise tax on the use of water in an amount sufficient to ensure the payment, wholly or in part, of obligations incurred by the Southern Nevada Water Authority. The tax must be imposed as a rate or charge pursuant to the procedures for adopting a schedule of rates and charges set forth in section 9.2 on customers of the water system of the District that are capable of using or benefiting from the water facilities financed, wholly or in part, with the proceeds of the tax.
2. An excise tax imposed pursuant to subsection 1 must be levied at different rates for different classes of customers and must take into account differences in the amount of water used or estimated to be used and the size of the connection.
3. The schedule imposing the rate or charge must provide:
(a) The amount of the rate or charge, which must not exceed one-quarter of 1 percent of the monthly water bill of customers of all residential classes and 5 percent of the monthly water bill of customers of all commercial classes and any other class;
(b) The procedure for collection of the rate or charge;
(c) The duration of the rate or charge; and
(d) The rate of interest that will be charged on late payments.
4. Late payments of the tax must bear interest at a rate not exceeding 1 percent per month, or fraction thereof. The tax due is a perpetual lien against the property served by the water on whose use the tax is imposed until the tax and any interest that may accrue thereon are paid. Collection of the tax may be enforced in any manner authorized by law for the collection of unpaid water bills. In addition to all other methods available to enforce payment of the tax, the District may provide that it will be collected in the same manner as delinquent taxes are collected pursuant to NRS 268.043 for sewerage charges.
5. Subject to the provisions of this subsection, the Board of Directors of the District may reduce the amount of the tax imposed pursuant to this section as the obligations of the District or the water authority allow. The Board of Directors of the District shall not repeal or amend or otherwise directly or indirectly modify the tax in such a manner as to impair any outstanding bonds or other obligations which are payable from or secured by a pledge of a tax imposed pursuant to this section until those bonds or other obligations have been discharged in full.
6. The Board of Directors of the District shall review the necessity for the continued imposition of the tax authorized pursuant to this section at least once every 10 years.
7. As used in this section, “water facility” has the meaning ascribed to “water project” in paragraph (b) of subsection 6 of section 27.
(Added—Ch. 506, Stats. 1997 p. 2404)
1. The Board of Directors may establish and maintain a desert preserve located in or within the vicinity of the Big Spring Archeological District. The preserve may include, without limitation:
(a) Exhibits demonstrating conservation, the use of water, horticulture or the history of Southern Nevada; and
(b) Any other features associated with the topography, geology or history of Nevada.
2. The Board of Directors may create a Board of Trustees to supervise the development of the desert preserve established pursuant to the provisions of subsection 1. If a board of trustees is created, the members of the board of trustees may:
(a) Enter into agreements to establish and maintain any exhibits, attractions or facilities for visitors included in the preserve; and
(b) Accept gifts, grants, contributions or donations of money or property for the establishment or management of the desert preserve.
3. To the greatest extent practicable, the Board of Directors and the Board of Trustees if created pursuant to the provisions of subsection 2, shall fund and operate the preserve with money received pursuant to the provisions of paragraph (b) of subsection 2.
(Added—Ch. 64, Stats. 1999 p. 158)