Senate Bill No. 336–Senator Hardy
CHAPTER..........
AN ACT relating to water; authorizing the State Engineer to postpone action on certain applications for water rights; providing that certain applications for water rights remain active until acted upon by the State Engineer; requiring the State Engineer to provide certain notices to persons who submitted reports of conveyance if he confirms those reports; creating the Lincoln County Water District; setting forth the powers of the District and the form and method of governance of the District; requiring the State Engineer to quantify in acre-feet certain water rights, to give certain persons notice concerning those water rights and to file a notice concerning those water rights with the office of the county recorder of the county in which the water is appropriated; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Whereas, Adequate and efficient water service is vital to the economic development and well-being of the residents of Lincoln County; and
Whereas, Inhabited areas of Lincoln County are remote from any established water system, thus dictating that indispensable activities such as water service be administered by a governmental entity created for the residents of Lincoln County; and
Whereas, Lincoln County could best be served water through a single governmental entity; now, therefore,
1-1 Section 1. NRS 533.360 is hereby amended to read as follows:
1-2 533.360 1. Except as otherwise provided in subsection 4,
1-3 NRS 533.345 and subsection [3] 4 of NRS 533.370, when an
1-4 application is filed in compliance with this chapter , the State
1-5 Engineer shall, within 30 days, publish or cause to be published
1-6 once a week for 4 consecutive weeks in a newspaper of general
1-7 circulation and printed and published in the county where the water
1-8 is sought to be appropriated, a notice of the application [,] which
1-9 sets forth:
1-10 (a) That the application has been filed.
1-11 (b) The date of the filing.
1-12 (c) The name and address of the applicant.
1-13 (d) The name of the source from which the appropriation is to be
1-14 made.
2-1 (e) The location of the place of diversion, described by legal
2-2 subdivision or metes and bounds and by a physical description of
2-3 that place of diversion.
2-4 (f) The purpose for which the water is to be appropriated.
2-5 The publisher shall add thereto the date of the first publication and
2-6 the date of the last publication.
2-7 2. Except as otherwise provided in subsection 4, proof of
2-8 publication must be filed within 30 days after the final day of
2-9 publication. The State Engineer shall pay for the publication from
2-10 the application fee. If the application is cancelled for any reason
2-11 before publication, the State Engineer shall return to the applicant
2-12 that portion of the application fee collected for publication.
2-13 3. If the application is for a proposed well:
2-14 (a) For municipal, quasi-municipal or industrial use; and
2-15 (b) Whose reasonably expected rate of diversion is one-half
2-16 cubic foot per second or more,
2-17 the applicant shall mail a copy of the notice of application to each
2-18 owner of real property containing a domestic well that is within
2-19 2,500 feet of the proposed well, to his address as shown in the latest
2-20 records of the county assessor. If there are not more than six such
2-21 wells, notices must be sent to each owner by certified mail, return
2-22 receipt requested. If there are more than six such wells, at least six
2-23 notices must be sent to owners by certified mail, return receipt
2-24 requested. The return receipts from these notices must be filed with
2-25 the State Engineer before he may consider the application.
2-26 4. The provisions of this section do not apply to an
2-27 environmental permit.
2-28 Sec. 2. NRS 533.370 is hereby amended to read as follows:
2-29 533.370 1. Except as otherwise provided in this section and
2-30 NRS 533.345, 533.371, 533.372 and 533.503, the State Engineer
2-31 shall approve an application submitted in proper form which
2-32 contemplates the application of water to beneficial use if:
2-33 (a) The application is accompanied by the prescribed fees;
2-34 (b) The proposed use or change, if within an irrigation district,
2-35 does not adversely affect the cost of water for other holders of
2-36 water rights in the district or lessen the efficiency of the district in
2-37 its delivery or use of water; and
2-38 (c) The applicant provides proof satisfactory to the State
2-39 Engineer of:
2-40 (1) His intention in good faith to construct any work
2-41 necessary to apply the water to the intended beneficial use with
2-42 reasonable diligence; and
2-43 (2) His financial ability and reasonable expectation actually
2-44 to construct the work and apply the water to the intended beneficial
2-45 use with reasonable diligence.
3-1 2. Except as otherwise provided in this subsection and
3-2 subsection [6,] 7, the State Engineer shall approve or reject each
3-3 application within 1 year after the final date for filing a protest.
3-4 [However:
3-5 (a) Action may be postponed by the] The State Engineer may:
3-6 (a) Postpone action upon written authorization to do so by the
3-7 applicant or, if an application is protested, by the protestant and the
3-8 applicant . [; and]
3-9 (b) Postpone action if the purpose for which the application
3-10 was made is municipal use.
3-11 (c) In areas where studies of water supplies have been
3-12 determined to be necessary by the State Engineer pursuant to NRS
3-13 533.368 or where court actions are pending, [the State Engineer
3-14 may] withhold action until it is determined there is unappropriated
3-15 water or the court action becomes final.
3-16 3. If the State Engineer does not act upon an application
3-17 within 1 year after the final date for filing a protest, the
3-18 application remains active until acted upon by the State Engineer.
3-19 4. Except as otherwise provided in subsection [6,] 7, where
3-20 there is no unappropriated water in the proposed source of supply,
3-21 or where its proposed use or change conflicts with existing rights,
3-22 or with protectible interests in existing domestic wells as set forth
3-23 in NRS 533.024, or threatens to prove detrimental to the public
3-24 interest, the State Engineer shall reject the application and refuse to
3-25 issue the requested permit. If a previous application for a similar
3-26 use of water within the same basin has been rejected on those
3-27 grounds, the new application may be denied without publication.
3-28 [4.] 5. In determining whether an application for an interbasin
3-29 transfer of ground water must be rejected pursuant to this section,
3-30 the State Engineer shall consider:
3-31 (a) Whether the applicant has justified the need to import the
3-32 water from another basin;
3-33 (b) If the State Engineer determines that a plan for conservation
3-34 of water is advisable for the basin into which the water is to be
3-35 imported, whether the applicant has demonstrated that such a plan
3-36 has been adopted and is being effectively carried out;
3-37 (c) Whether the proposed action is environmentally sound as it
3-38 relates to the basin from which the water is exported;
3-39 (d) Whether the proposed action is an appropriate long-term use
3-40 which will not unduly limit the future growth and development in
3-41 the basin from which the water is exported; and
3-42 (e) Any other factor the State Engineer determines to be
3-43 relevant.
3-44 [5.] 6. If a hearing is held regarding an application, the decision
3-45 of the State Engineer must be in writing and include findings of
3-46 fact, conclusions of law and a statement of the underlying facts
4-1 supporting the findings of fact. The written decision may take the
4-2 form of a transcription of an oral ruling. The rejection or approval of
4-3 an application must be endorsed on a copy of the original
4-4 application, and a record must be made of the endorsement in the
4-5 records of the State Engineer. The copy of the application so
4-6 endorsed must be returned to the applicant. Except as otherwise
4-7 provided in subsection [7,] 8, if the application is approved, the
4-8 applicant may, on receipt thereof, proceed with the construction of
4-9 the necessary works and take all steps required to apply the water to
4-10 beneficial use and to perfect the proposed appropriation. If the
4-11 application is rejected, the applicant may take no steps toward
4-12 the prosecution of the proposed work or the diversion and use of the
4-13 public water while the rejection continues in force.
4-14 [6.] 7. The provisions of subsections 1 to [4,] 5, inclusive, do
4-15 not apply to an application for an environmental permit.
4-16 [7.] 8. The provisions of subsection [5] 6 do not authorize the
4-17 recipient of an approved application to use any state land
4-18 administered by the Division of State Lands of the State
4-19 Department of Conservation and Natural Resources without the
4-20 appropriate authorization for that use from the State Land Registrar.
4-21 [8.] 9. As used in this section, “interbasin transfer of ground
4-22 water” means a transfer of ground water for which the proposed
4-23 point of diversion is in a different basin than the proposed place of
4-24 beneficial use.
4-25 Sec. 3. NRS 533.386 is hereby amended to read as follows:
4-26 533.386 1. The State Engineer shall confirm that the report of
4-27 conveyance required by paragraph (a) of subsection 1 of NRS
4-28 533.384 includes all material required by that subsection and that:
4-29 (a) The report is accompanied by the prescribed fee;
4-30 (b) No conflict exists in the chain of title that can be determined
4-31 by the State Engineer from the conveyance documents or from
4-32 other information on file in the office of the State Engineer; and
4-33 (c) The State Engineer is able to determine the rate of diversion
4-34 and the amount of water conveyed in acre-feet or million gallons
4-35 from the conveyance documents or from other information on file
4-36 in the office of the State Engineer.
4-37 2. If the State Engineer confirms a report of conveyance
4-38 pursuant to subsection 1, he shall in a timely manner provide a
4-39 notice of the confirmation to the person who submitted the report
4-40 of conveyance. The notice must include, without limitation, a
4-41 statement indicating that neither the confirmation of the report of
4-42 conveyance nor the report of conveyance, if the report sets forth
4-43 the amount of water conveyed, guarantees that:
4-44 (a) The water right is in good standing with the office of the
4-45 State Engineer; or
5-1 (b) The amount of water referenced in the notice or in the
5-2 report of conveyance is the actual amount of water that a person is
5-3 entitled to use upon conveyance of the application or permit to
5-4 appropriate any of the public waters, the certificate of
5-5 appropriation, the adjudicated or unadjudicated water right, or
5-6 the application or permit to change the place of diversion, manner
5-7 of use or place of use of water.
5-8 3. If the State Engineer determines that the report of
5-9 conveyance is deficient, he shall reject the report of conveyance
5-10 and return it to the person who submitted it with:
5-11 (a) An explanation of the deficiency; and
5-12 (b) A notice statinGreen numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).g that the State Engineer will not confirm a
5-13 report of conveyance that has been rejected unless the report is
5-14 resubmitted with the material required to cure the deficiency. The
5-15 notice must also include a statement of the provisions of subsection
5-16 [3.] 4.
5-17 [3.] 4. The State Engineer shall not consider or treat the person
5-18 to whom:
5-19 (a) An application or permit to appropriate any of the public
5-20 waters;
5-21 (b) A certificate of appropriation;
5-22 (c) An adjudicated or unadjudicated water right; or
5-23 (d) An application or permit to change the place of diversion,
5-24 manner of use or place of use of water,
5-25 is conveyed as the owner or holder of the application, right,
5-26 certificate or permit for the purposes of this chapter, including,
5-27 without limitation, all advisements and other notices required of the
5-28 State Engineer and the granting of permits to change the place of
5-29 diversion, manner of use or place of use of water, until a report of
5-30 the conveyance is confirmed pursuant to subsection 1.
5-31 Sec. 3.5. NRS 534.270 is hereby amended to read as follows:
5-32 534.270 1. Upon receipt of an application for a permit to
5-33 operate a project, the State Engineer shall endorse on the
5-34 application the date it was received and keep a record of the
5-35 application. He shall conduct an initial review of the application
5-36 within 45 days after receipt of the application. If the State Engineer
5-37 determines in the initial review that the application is incomplete,
5-38 he shall notify the applicant. The application is incomplete until the
5-39 applicant files all the information requested in the application. The
5-40 State Engineer shall determine whether the application is correct
5-41 within 180 days after receipt of a complete application. The State
5-42 Engineer may request additional information from the applicant.
5-43 The State Engineer may conduct such independent investigations as
5-44 are necessary to determine whether the application should be
5-45 approved or rejected.
6-1 2. If the application is determined to be complete and correct,
6-2 the State Engineer, within 30 days after such a determination or a
6-3 longer period if requested by the applicant, shall cause notice of the
6-4 application to be given once each week for 2 consecutive weeks in
6-5 a newspaper of general circulation in the county or counties in
6-6 which persons reside who could reasonably be expected to be
6-7 affected by the project. The notice must state:
6-8 (a) The legal description of the location of the proposed project;
6-9 (b) A brief description of the proposed project including its
6-10 capacity;
6-11 (c) That any person who may be adversely affected by the
6-12 project may file a written protest with the State Engineer within 30
6-13 days after the last publication of the notice;
6-14 (d) The date of the last publication;
6-15 (e) That the grounds for protesting the project are limited to
6-16 whether the project would be in compliance with subsection 2 of
6-17 NRS 534.250;
6-18 (f) The name of the applicant; and
6-19 (g) That a protest must:
6-20 (1) State the name and mailing address of the protester;
6-21 (2) Clearly set forth the reason why the permit should not be
6-22 issued; and
6-23 (3) Be signed by the protester or the protester’s agent or
6-24 attorney.
6-25 3. A protest to a proposed project:
6-26 (a) May be made by any person who may be adversely affected
6-27 by the project;
6-28 (b) Must be in writing;
6-29 (c) Must be filed with the State Engineer within 30 days after
6-30 the last publication of the notice;
6-31 (d) Must be upon a ground listed in subsection 2 of
6-32 NRS 534.250;
6-33 (e) Must state the name and mailing address of the protester;
6-34 (f) Must clearly set forth the reason why the permit should not
6-35 be issued; and
6-36 (g) Must be signed by the protester or the protester’s agent or
6-37 attorney.
6-38 4. Upon receipt of a protest, the State Engineer shall advise the
6-39 applicant by certified mail that a protest has been filed.
6-40 5. Upon receipt of a protest, or upon his own motion, the State
6-41 Engineer may hold a hearing. Not less than 30 days before the
6-42 hearing, the State Engineer shall send by certified mail notice of the
6-43 hearing to the applicant and any person who filed a protest.
6-44 6. The State Engineer shall either approve or deny each
6-45 application within 1 year after the final date for filing a protest,
6-46 unless he has received a written request from the applicant to
7-1 postpone his decision or, in the case of a protested application, from
7-2 both the protester and the applicant. The State Engineer may delay
7-3 action on the application pursuant to paragraph [(b)] (c) of
7-4 subsection 2 of NRS 533.370.
7-5 7. Any person aggrieved by any decision of the State Engineer
7-6 made pursuant to subsection 6, may appeal that decision to the
7-7 district court pursuant to NRS 533.450.
7-8 Sec. 4. NRS 538.171 is hereby amended to read as follows:
7-9 538.171 1. The Commission shall receive, protect and
7-10 safeguard and hold in trust for the State of Nevada all water and
7-11 water rights, and all other rights, interests or benefits in and to the
7-12 waters described in NRS 538.041 to 538.251, inclusive, and to the
7-13 power generated thereon, held by or which may accrue to the State
7-14 of Nevada under and by virtue of any Act of the Congress of the
7-15 United States or any agreements, compacts or treaties to which the
7-16 State of Nevada may become a party, or otherwise.
7-17 2. Except as otherwise provided in this subsection, applications
7-18 for the original appropriation of such waters, or to change the place
7-19 of diversion, manner of use or place of use of water covered by the
7-20 original appropriation, must be made to the Commission in
7-21 accordance with the regulations of the Commission. In considering
7-22 such an application, the Commission shall use the criteria set forth
7-23 in subsection [3] 4 of NRS 533.370. The Commission’s action on
7-24 the application constitutes the recommendation of the State of
7-25 Nevada to the United States for the purposes of any federal action
7-26 on the matter required by law. The provisions of this subsection do
7-27 not apply to supplemental water.
7-28 3. The Commission shall furnish to the State Engineer a copy
7-29 of all agreements entered into by the Commission concerning the
7-30 original appropriation and use of such waters. It shall also furnish to
7-31 the State Engineer any other information it possesses relating to the
7-32 use of water from the Colorado River which the State Engineer
7-33 deems necessary to allow him to act on applications for permits for
7-34 the subsequent appropriation of these waters after they fall within
7-35 the State Engineer’s jurisdiction.
7-36 4. Notwithstanding any provision of chapter 533 of NRS, any
7-37 original appropriation and use of the waters described in subsection
7-38 1 by the Commission or by any entity to whom or with whom the
7-39 Commission has contracted the water is not subject to regulation by
7-40 the State Engineer.
7-41 Sec. 5. NRS 349.983 is hereby amended to read as follows:
7-42 349.983 1. Grants may be made pursuant to paragraph (a) of
7-43 subsection 1 of NRS 349.981 only for the Lincoln Valley Water
7-44 District and those community and nontransient water systems that:
7-45 (a) Were in existence on January 1, 1995; and
7-46 (b) Are currently publicly owned.
8-1 2. In making its determination of which purveyors of water are
8-2 to receive grants pursuant to paragraph (a) of subsection 1 of NRS
8-3 349.981, the Board shall give preference to those purveyors of
8-4 water whose public water systems regularly serve fewer than 6,000
8-5 persons.
8-6 3. Each recipient of a grant pursuant to paragraph (a) of
8-7 subsection 1 of NRS 349.981 shall provide an amount of money for
8-8 the same purpose. The Board shall develop a scale to be used to
8-9 determine that amount, but the recipient must not be required to
8-10 provide an amount less than 15 percent or more than 75 percent of
8-11 the amount of the grant. The scale must be based upon the average
8-12 household income of the customers of the recipient, and provide
8-13 adjustments for the demonstrated economic hardship of those
8-14 customers, the existence of an imminent risk to public health and
8-15 any other factor that the Board determines to be relevant.
8-16 Sec. 6. As used in sections 6 to 16, inclusive, of this act,
8-17 unless the context otherwise requires, the words and terms defined
8-18 in sections 7, 8 and 9 of this act have the meanings ascribed to them
8-19 in those sections.
8-20 Sec. 7. “Board” means the Governing Board of the District.
8-21 Sec. 8. “District” means the Lincoln County Water District
8-22 created by section 10 of this act.
8-23 Sec. 9. “Service area” means the service area of the District
8-24 described in section 10 of this act.
8-25 Sec. 10. There is hereby created a political subdivision of this
8-26 state to be known as the “Lincoln County Water District.” The
8-27 jurisdiction and service area of the District are all that real property
8-28 within the boundaries of Lincoln County, Nevada, as described in
8-29 NRS 243.210, 243.215 and 243.220.
8-30 Sec. 11. The District has the following powers:
8-31 1. To have perpetual succession.
8-32 2. To sue and be sued in the name of the District in all courts or
8-33 tribunals of competent jurisdiction.
8-34 3. To adopt a seal and alter it at the pleasure of the District.
8-35 4. To enter into contracts, and employ and fix the
8-36 compensation of staff and professional advisers.
8-37 5. To incur indebtedness pursuant to chapter 271 of NRS, issue
8-38 bonds pursuant to chapter 350 of NRS and provide for medium
8-39 -term obligations pursuant to chapter 350 of NRS to pay, in whole
8-40 or in part, the costs of acquiring, constructing and operating any
8-41 lands, easements, water rights, water, waterworks or projects,
8-42 conduits, pipelines, wells, reservoirs, structures, machinery and
8-43 other property or equipment useful or necessary to store, convey,
8-44 supply or otherwise deal with water, and otherwise to carry out the
8-45 powers set forth in this section. For the purposes of NRS 350.572,
8-46 sections 6 to 16, inclusive, of this act do not expressly or impliedly
8-47 require an
9-1 election before the issuance of a security or indebtedness pursuant to
9-2 NRS 350.500 to 350.720, inclusive, if the obligation is payable
9-3 solely from pledged revenues, but an election must be held before
9-4 incurring a general obligation.
9-5 6. To acquire, by purchase, grant, gift, devise, lease,
9-6 construction, contract or otherwise, lands, rights-of-way,
9-7 easements, privileges, water and water rights, and property of every
9-8 kind, whether real or personal, to construct, maintain and operate,
9-9 within or without the District, any and all works and improvements
9-10 necessary or proper to carry out any of the objects or purposes of
9-11 sections 6 to 16, inclusive, of this act, and to complete, extend, add
9-12 to, repair or otherwise improve any works, improvements or
9-13 property acquired by it as authorized by sections 6 to 16, inclusive,
9-14 of this act.
9-15 7. To sell, lease, encumber, hypothecate or otherwise dispose
9-16 of property, whether real or personal, including, without limitation,
9-17 water and water rights, as is necessary or convenient to the full
9-18 exercise of the powers of the District.
9-19 8. To adopt ordinances, rules, regulations and bylaws
9-20 necessary for the exercise of the powers and conduct of the affairs
9-21 of the Board and District.
9-22 9. Except as otherwise provided in this subsection, to exercise
9-23 the power of eminent domain in the manner prescribed by law,
9-24 within or without the service area, to take any property, including,
9-25 without limitation, the property specified in subsections 6 and 15,
9-26 necessary or convenient for the exercise of the powers of the
9-27 District or for the provision of adequate water service to the service
9-28 area. The District shall not exercise the power of eminent domain to
9-29 acquire the water rights or waterworks facilities of any nonprofit
9-30 purveyor delivering water for domestic use whose service area is
9-31 adjacent to the District without first obtaining the consent of the
9-32 purveyor.
9-33 10. To enter upon any land, to make surveys and locate any
9-34 necessary improvements, including, without limitation, lines for
9-35 channels, conduits, canals, pipelines, roadways and other rights-of
9-36 -way, to acquire property necessary or convenient for the
9-37 construction, use, supply, maintenance, repair and improvement of
9-38 such improvements, including, without limitation, works
9-39 constructed and being constructed by private owners, lands for
9-40 reservoirs for the storage of necessary water, and all necessary
9-41 appurtenances, and, where necessary and for the purposes and uses
9-42 set forth in this section, to acquire and hold the stock of
9-43 corporations, domestic or foreign, owning water or water rights,
9-44 canals, waterworks, franchises, concessions or other rights.
9-45 11. To enter into and do any acts necessary or proper for the
9-46 performance of any agreement with the United States, or any state,
10-1 county or district of any kind, public or private corporation,
10-2 association, firm or natural person, or any number of them, for the
10-3 joint acquisition, construction, leasing, ownership, disposition, use,
10-4 management, maintenance, repair or operation of any rights, works
10-5 or other property of a kind which may be lawfully acquired or
10-6 owned by the District.
10-7 12. To acquire the right to store water in any reservoirs, or to
10-8 carry water through any canal, ditch or conduit not owned or
10-9 controlled by the District, and to grant to any owner or lessee the
10-10 right to the use of any water or right to store such water in any
10-11 reservoir of the District, or to carry such water through any tunnel,
10-12 canal, ditch or conduit of the District.
10-13 13. To enter into and do any acts necessary or proper for the
10-14 performance of any agreement with any district of any kind, public
10-15 or private corporation, association, firm or natural person, or any
10-16 number of them, for the transfer or delivery to any district,
10-17 corporation, association, firm or natural person of any water right or
10-18 water pumped, stored, appropriated or otherwise acquired or
10-19 secured for the use of the District, or for the purpose of exchanging
10-20 the water or water right for any other water, water right or water
10-21 supply to be delivered to the District by the other party to the
10-22 agreement.
10-23 14. To cooperate and act in conjunction with the State of
10-24 Nevada or any of its engineers, officers, boards, commissions,
10-25 departments or agencies, with the Government of the United States
10-26 or any of its engineers, officers, boards, commissions, departments
10-27 or agencies, or with any public or private corporation, to construct
10-28 any work for the development, importation or distribution of water
10-29 of the District, for the protection of life or property therein, or for
10-30 the conservation of its water for beneficial use within the District,
10-31 or to carry out any other works, acts or purposes provided for in
10-32 sections 6 to 16, inclusive, of this act, and to adopt and carry out
10-33 any definite plan or system of work for any of the purposes
10-34 described in sections 6 to 16, inclusive, of this act.
10-35 15. To store water in surface or underground reservoirs within
10-36 or without the District for the common benefit of the District, to
10-37 conserve and reclaim water for present and future use within the
10-38 District, to appropriate and acquire water and water rights and
10-39 import water into the District for any useful purpose to the District,
10-40 and to commence, maintain, intervene in and compromise in the
10-41 name of the District, or otherwise, and assume the costs and
10-42 expenses of any action or proceeding involving or affecting:
10-43 (a) The ownership or use of water or water rights within or
10-44 without the District used or useful for any purpose of the District or
10-45 of common benefit to any land situated therein;
10-46 (b) The wasteful use of water within the District;
11-1 (c) The interference with or diminution of water or water rights
11-2 within the District;
11-3 (d) The contamination or pollution of the surface or subsurface
11-4 water used in the District or any other act that otherwise renders
11-5 such water unfit for beneficial use; and
11-6 (e) The interference with this water that may endanger or
11-7 damage the residents, lands or use of water in the District.
11-8 16. To sell and distribute water under the control of the
11-9 District, without preference, to any natural person, firm,
11-10 corporation, association, district, agency or inhabitant, public or
11-11 private, for use within the service area, to fix, establish and adjust
11-12 rates, classes of rates, terms and conditions for the sale and use of
11-13 such water, and to sell water for use outside the service area upon a
11-14 finding by the Board that there is a surplus of water above that
11-15 amount required to serve customers within the service area.
11-16 17. To cause taxes to be levied and collected for the purposes
11-17 prescribed in sections 6 to 16, inclusive, of this act, including,
11-18 without limitation, the payment of any obligation of the District
11-19 during its organizational state and thereafter, and necessary
11-20 engineering costs, and to assist in the operational expenses of the
11-21 District, until such taxes are no longer required.
11-22 18. To supplement the surface and ground-water resources of
11-23 Lincoln County by the importation and use of water from other
11-24 sources for industrial, irrigation, municipal and domestic uses.
11-25 19. To restrict the use of water of the District during any
11-26 emergency caused by drought or other threatened or existing water
11-27 shortage, and to prohibit the waste of water of the District at any
11-28 time through the adoption of ordinances, rules or regulations and
11-29 the imposition of fines for violations of those ordinances, rules and
11-30 regulations.
11-31 20. To supply water under contract or agreement, or in any
11-32 other manner, to the United States or any department or agency
11-33 thereof, the State of Nevada, Lincoln County, Nevada, and any city,
11-34 town, corporation, association, partnership or natural person
11-35 situated in Lincoln County, Nevada, for an appropriate charge,
11-36 consideration or exchange made therefor, when such supply is
11-37 available or can be developed as an incident of or in connection
11-38 with the primary functions and operations of the District.
11-39 21. To create assessment districts to extend mains, improve
11-40 distribution systems and acquire presently operating private water
11-41 companies and mutual water distribution systems.
11-42 22. To accept from the Government of the United States or any
11-43 of its agencies financial assistance or participation in the form of
11-44 grants-in-aid or any other form in connection with any of the
11-45 functions of the District.
12-1 23. To do all acts and things reasonably implied from and
12-2 necessary for the full exercise of all powers of the District granted
12-3 by sections 6 to 16, inclusive, of this act.
12-4 Sec. 12. 1. All powers, duties and privileges of the District
12-5 must be exercised and performed by the Board.
12-6 2. The Board must be composed of the members of the Board
12-7 of County Commissioners of Lincoln County.
12-8 Sec. 13. 1. The Board shall:
12-9 (a) Choose one of its members to be Chairman, and prescribe
12-10 the term of that office and the powers and duties thereof.
12-11 (b) Fix the time and place at which its regular meetings will be
12-12 held and provide for the calling and conduct of special meetings.
12-13 (c) Fix the location of the principal place of business of the
12-14 District.
12-15 (d) Elect a Secretary-Treasurer of the Board and the District,
12-16 who may or may not be a member of the Board.
12-17 (e) Appoint a General Manager who must not be a member of
12-18 the Board.
12-19 (f) Delegate and redelegate to officers of the District the power
12-20 to employ necessary executives, clerical workers, engineering
12-21 assistants and laborers, and retain legal, accounting or engineering
12-22 services, subject to such conditions and restrictions as may be
12-23 imposed by the Board.
12-24 (g) Prescribe the powers, duties, compensation and benefits of
12-25 all officers and employees of the District, and require all bonds
12-26 necessary to protect the money and property of the District.
12-27 (h) Take all actions and do all things reasonably and lawfully
12-28 necessary to conduct the business of the District and achieve the
12-29 purposes of sections 6 to 16, inclusive, of this act.
12-30 2. A simple majority of the members of the Board constitutes a
12-31 quorum. The vote of a simple majority of the quorum is required to
12-32 take action.
12-33 3. Members of the Board are entitled to receive a salary of not
12-34 more than $80 per day and reasonable per diem and travel
12-35 expenses, as set by the Board, for their attendance at meetings and
12-36 conduct of other business of the District.
12-37 Sec. 14. 1. The Board may levy and collect general ad
12-38 valorem taxes on all taxable property within the District, but only
12-39 for the payment of principal and interest on its general obligations.
12-40 Such a levy and collection must be made in conjunction with
12-41 Lincoln County in the manner prescribed in this section.
12-42 2. The Board shall determine the amount of money necessary
12-43 to be raised by taxation for a particular year in addition to other
12-44 sources of revenue of the District. The Board then shall fix a rate of
12-45 levy which, when applied to the assessed valuation of all taxable
12-46 property within the District, will produce an amount, when
13-1 combined with other revenues of the District, sufficient to pay,
13-2 when due, all principal of and interest on general obligations of the
13-3 District and any defaults or deficiencies relating thereto.
13-4 3. In accordance with and in the same manner required by the
13-5 law applicable to incorporated cities, the Board shall certify the rate
13-6 of levy fixed pursuant to subsection 2 for levy upon all taxable
13-7 property in the District in accordance with such rate at the time and
13-8 in the manner required by law for levying of taxes for county
13-9 purposes.
13-10 4. The proper officer or authority of Lincoln County, upon
13-11 behalf of the District, shall levy and collect the tax for the District
13-12 specified in subsection 3. Such a tax must be collected in the same
13-13 manner, including, without limitation, interest and penalties, as
13-14 other taxes collected by the County. When collected, the tax must
13-15 be paid to the District in monthly installments for deposit in the
13-16 appropriate depository of the District.
13-17 5. If the taxes levied are not paid, the property subject to the
13-18 tax lien must be sold and the proceeds of the sale paid to the
13-19 District in accordance with the law applicable to tax sales and
13-20 redemptions.
13-21 Sec. 15. The District is exempt from regulation by the Public
13-22 Utilities Commission of Nevada.
13-23 Sec. 16. If any provision of sections 6 to 16, inclusive, of this
13-24 act or the application thereof to any person, thing or circumstance is
13-25 held invalid, such invalidity does not affect the provisions or
13-26 application of sections 6 to 16, inclusive, of this act that can be
13-27 given effect without the invalid provision or application, and to this
13-28 end the provisions of sections 6 to 16, inclusive, of this act are
13-29 declared to be severable.
13-30 Sec. 17. 1. On or before June 30, 2005, the State Engineer
13-31 shall quantify in acre-feet the amount of water that has been
13-32 beneficially used for the purpose set forth in the certificate of
13-33 appropriation for each certificate of appropriation which:
13-34 (a) Is issued pursuant to NRS 533.425 to appropriate water:
13-35 (1) In a county whose population is 400,000 or more; and
13-36 (2) From a basin for which the State Engineer keeps
13-37 pumping records; and
13-38 (b) Expresses the amount of appropriation only in terms of cubic
13-39 feet per second.
13-40 2. The State Engineer shall notify each owner of a water right
13-41 described in subsection 1, as determined in the records of the Office
13-42 of the State Engineer, by registered or certified mail:
13-43 (a) That the water right has been quantified as required by
13-44 subsection 1; and
13-45 (b) Of the amount of water that the State Engineer has
13-46 determined was beneficially used for the purpose set forth in the
13-47 certificate of appropriation.
14-1 3. The State Engineer shall file a notice with the office of the
14-2 county recorder of the county in which water is appropriated
14-3 pursuant to a certificate of appropriation described in subsection 1.
14-4 The notice must contain the information required to be included in
14-5 the notice given to the owner of the water right pursuant to
14-6 subsection 2.
14-7 Sec. 18. The amendatory provisions of section 2 of this act
14-8 apply to:
14-9 1. Each application described in NRS 533.370 that is made on
14-10 or after July 1, 2003; and
14-11 2. Each such application that is pending with the office of the
14-12 State Engineer on July 1, 2003.
14-13 Sec. 19. 1. This section and sections 5 to 16, inclusive, of
14-14 this act become effective upon passage and approval.
14-15 2. Sections 1 to 4, inclusive, 17 and 18 of this act become
14-16 effective on July 1, 2003.
14-17 3. Section 17 of this act expires by limitation on June 30, 2005.
14-18 20~~~~~03