CHAPTER539. Irrigation Districts  


GENERAL PROVISIONS
NRS 539.010. Short title.
NRS 539.013. Definitions.
NRS 539.015. Publication of notice.
NRS 539.017. Construction.
FORMATION
NRS 539.020. Petition for organization of district.
NRS 539.023. Inclusion of state lands in district; Governor may sign petition.
NRS 539.025. Contents of petition.
NRS 539.027. Undertaking.
NRS 539.030. Petition filed in office of county clerk; publication of notice of time of meeting; newspaper in which publication to be made; contents of notice.
NRS 539.033. Presentation of petition to county commissioners; hearing.
NRS 539.035. Adjournment of hearing.
NRS 539.037. Determination as to land to be formed into district.
NRS 539.040. Informalities in petition to be disregarded; reason for refusal or dismissal of petition; mandamus.
NRS 539.043. Order granting or denying petition; order granting petition to establish boundaries and designate name.
NRS 539.045. Order calling election.
NRS 539.047. Notice of election: Contents; publication.
NRS 539.050. Election precincts.
NRS 539.053. Conduct of election; absent voters’ ballots.
NRS 539.055. Canvass of votes; order declaring territory formed as district under designated name; recording of order and plat.
NRS 539.057. Conclusiveness of record of county commissioners concerning proceedings.
NRS 539.060. Name of district; change of name of certain districts.
INTERNAL ORGANIZATION
NRS 539.063. Officers of district.
NRS 539.065. Directors: Terms of office; qualifications.
NRS 539.067. Directors: Oaths; bonds.
NRS 539.070. Directors: Vacancies in office.
NRS 539.071. Expansion of number of directors authorized if federal reclamation project operated and project authorized for additional purposes; procedure.
NRS 539.073. Organization of board; election and appointment of officers.
NRS 539.075. Secretary and treasurer: Appointment; bond.
NRS 539.077. Assistant secretary: Appointment; duties.
NRS 539.080. Compensation and expenses of directors and other officers.
NRS 539.081. Interest in certain contracts prohibited; penalties.
NRS 539.083. Office of board.
NRS 539.085. Regular meetings: Time and place; notice of change of time; judicial day.
NRS 539.087. Special meetings: Calling by president or board; notice; business to be transacted.
NRS 539.090. Legal meeting: Attendance of all members.
NRS 539.093. Meetings public.
NRS 539.095. Quorum; affirmative vote of majority required for certain questions.
NRS 539.097. Records open to inspection.
NRS 539.103. Director not to be employed by district as engineer, watermaster or manager.
ELECTIONS
Divisions and Precincts
NRS 539.105. Establishment of precincts and polling places.
NRS 539.107. Procedure for change of boundaries.
NRS 539.110. Procedure for changing number of directors and divisions; election required.
NRS 539.113. Procedure for election of directors.
General Elections
NRS 539.115. When regular elections of irrigation districts to be held.
NRS 539.117. When election need not be held; declaration of election of candidates.
NRS 539.120. Declarations of candidacy; filing fees.
NRS 539.123. Eligibility to vote; number of votes elector may cast; certain persons and entities entitled to vote and exercise rights of electors; filing of designations or written consents.
NRS 539.125. Notice of election: Contents; publication.
NRS 539.127. Registration of electors required; reregistration.
NRS 539.130. Secretary is ex officio district registrar; appointment of field registrars; duties.
NRS 539.133. Close of registration: Time.
NRS 539.135. Oath of individual registrant.
NRS 539.137. Oath of registrants on behalf of entity that is not natural person.
NRS 539.140. Persons who may administer registration oath.
NRS 539.143. Designation of registered voters in rosters and lists of registered electors.
NRS 539.145. Appointment of inspectors and clerks; designation of time and place of election.
NRS 539.147. Compensation of registrars and election officers.
NRS 539.150. Election officers: Oath; vacancies.
NRS 539.153. Applicability of general election laws.
NRS 539.155. Returns delivered to secretary; canvass by board of directors; declaration of result.
NRS 539.157. Declaration of candidates receiving highest number of votes; certificates of election.
Recall Elections
NRS 539.160. Directors subject to recall from office.
NRS 539.163. Petition for recall: Contents; required signatures; filing.
NRS 539.165. Petition for recall: Use of copies; verification.
NRS 539.167. Petition for recall: Director must hold office 6 months.
NRS 539.170. Special election: Call; when held.
NRS 539.173. Vacancy filled if director resigns; continuance in office if director does not resign.
NRS 539.175. Removal of signature from recall petition: Procedure.
NRS 539.177. Nominating petitions for successors; filing.
NRS 539.180. Recall ballots: Reasons for recall and answer thereto; form of proposal; names of nominees.
NRS 539.183. Result of recall election: Successor elected or vacancy in office created.
NRS 539.185. Subsequent recall proceedings barred during director’s term unless previous election expenses paid by petitioners.
NRS 539.187. Applicability of general election laws to recall elections.
Miscellaneous Provisions
NRS 539.188. Special election may be held upon unanimous vote of board of directors.
NRS 539.189. Notice of election for election for issuance of bonds or other securities: Contents.
POWERS AND PURPOSES
General
NRS 539.190. General powers of board of directors.
NRS 539.193. Agents and employees: Employment and appointment; duties; compensation.
NRS 539.195. Entry upon land to make surveys and locate works.
NRS 539.197. Contracts.
NRS 539.200. Contracts of indemnity and guaranty.
NRS 539.201. Purchase of liability insurance.
NRS 539.203. Board of directors authorized to sue and to be sued.
NRS 539.205. Annual report to State Engineer; recommendations of State Engineer.
Property
NRS 539.207. Acquisition of property.
NRS 539.210. Use of proceeds of bonds for acquisition.
NRS 539.213. Lease of lands for community pasture.
NRS 539.215. Investigations and representations requisite to acquiring control over governmental lands.
NRS 539.217. Conveyance or donation of lands acquired by district.
NRS 539.220. Construction of works across watercourse, road, railway, conduit or other property; restoration of crossed property.
NRS 539.223. Rights-of-way over state lands granted; duties of State Engineer and Director of State Department of Conservation and Natural Resources.
NRS 539.225. Eminent domain; rules of practice.
NRS 539.227. Vested rights used in connection with mining or generation of power not to be affected or taken.
Water
NRS 539.230. Appropriation and distribution; use by irrigation district declared public use; place of use of water.
NRS 539.233. Regulations for distribution and use of water; regulating and measuring devices; distribution of regulations.
NRS 539.234. Petition for State Engineer to prescribe or clarify rules and regulations relating to distribution and use of water within district.
NRS 539.235. Distribution of water by division or district for appropriate charge.
Electric Power
NRS 539.237. Authority to generate, transmit, sell and acquire electric power.
NRS 539.240. Election required for approval of certain contracts; notice; ballots; limitation; judicial determination of validity.
NRS 539.243. Election required for approval of lease of power plant or transmission system owned or controlled by district.
Drainage
NRS 539.245. Authority of board of directors to provide for drainage.
Bids
NRS 539.255. Award of contract in case of emergency or necessity without advertising for bids.
NRS 539.260. Direction and satisfaction of district engineer; approval by board.
NRS 539.263. Contract not to be let unless sufficient money in treasury or payable in district’s bonds.
NRS 539.265. When bids may be dispensed with; use of construction fund.
COOPERATION
General
NRS 539.267. Performance of acts necessary to carry out enlarged powers.
Cooperation With United States and State of Nevada
NRS 539.270. General powers.
NRS 539.273. Purposes of cooperation and contract.
NRS 539.275. Provisions includable in contract.
NRS 539.277. Bonds: Transfer to or deposit with United States; payment of interest and principal; rate of interest; call for repayment.
NRS 539.280. Payment in installments; rate of interest; assessment and levy; lien.
NRS 539.283. Distribution and apportionment of water; refusal of service to delinquent land; assessment to maintain existing works.
NRS 539.285. Rent or lease of water.
NRS 539.287. Dissolution of district or change of boundaries: Consent of Secretary of Interior; excluded areas free from liens and charges.
NRS 539.290. Collection of money or action as fiscal agent of United States: Acceptance of appointment; duties, liabilities and powers of district.
NRS 539.293. Additional bonds of district officers: When required; inspection of district books by federal agents.
NRS 539.295. Conveyance of property to United States.
NRS 539.297. Authorization of proposal to enter into contract.
NRS 539.300. Notice of election: Contents.
NRS 539.303. Ballots: Form.
NRS 539.305. Validation proceedings.
NRS 539.307. Directors relieved of certain duties; adoption of surveys and plans made by United States.
NRS 539.310. Payments from revenue derived from annual assessments upon real property; property liable to assessment and levy.
NRS 539.313. Annual levy or imposition of tolls or charges to meet payments.
NRS 539.315. Apportionment of assessment in accordance with benefits; ascertainment of benefits.
NRS 539.317. Assessment of federal public land.
NRS 539.320. Obligation of district in case of default of land.
NRS 539.323. Money paid to district treasury and held in United States Contract Fund; disposition of surplus.
NRS 539.325. Contracts for release of mortgages or liens; assumption by district of indebtedness due United States; apportionment of benefits; collection and payment of taxes and assessments.
NRS 539.327. Exclusion of district division outside scope of contract.
NRS 539.330. Contracts of district divisions with United States.
Cooperation With Counties
NRS 539.333. General power; purposes.
Cooperation With Other Districts
NRS 539.335. Authority to enter into agreements with districts in adjoining states.
NRS 539.337. Written contracts or resolutions.
NRS 539.340. Recordation of contracts and resolutions.
NRS 539.343. Provisions as to ownership of property.
NRS 539.345. Trial of disputes and enforcement of rights.
NRS 539.347. Meeting in adjoining state valid.
NRS 539.350. Diversion of water.
NRS 539.353. Holding of property in this state or in adjoining state.
Privileges of Districts of Adjoining States
NRS 539.355. Foreign irrigation district authorized to acquire land by purchase or condemnation; conditions.
NRS 539.357. Use of land declared public use.
NRS 539.360. Provisions applicable if reciprocal rights granted.
DIVISIONS IN IRRIGATION DISTRICTS
Improvements
NRS 539.363. Power of division to construct improvements.
NRS 539.365. Petition to district directors: Contents; appointment of local board.
NRS 539.367. Local board: Composition; terms of office; vacancies.
NRS 539.370. Compensation of local directors.
NRS 539.373. Powers of local board concerning improvements.
NRS 539.375. Board of directors of district may incur debts and issue warrants; limitations; assessments.
NRS 539.377. Plans and estimates of local undertakings: Preparation; statement of source of money; statement of purposes.
NRS 539.380. Filing of plans and estimates or statement with district secretary; request for election.
NRS 539.383. Notice of election: Contents; publication.
NRS 539.385. Conduct of election.
NRS 539.387. Terms of local directors terminate and local board dissolved if proposal fails.
NRS 539.390. Authorization for improvements at election; levy and collection of assessments.
NRS 539.393. Certificates of indebtedness and notes: Signatures of officers of district; treated as bonds of district.
NRS 539.395. Apportionment of benefits; method of levy and collection of assessments.
NRS 539.397. Validation proceedings.
NRS 539.400. Full payment of local undertakings; termination of terms of local directors; disposition of remaining money.
NRS 539.403. Local improvements affecting two or more divisions: Applicability of NRS 539.363 to 539.403, inclusive.
Cooperation and Contracts With United States
NRS 539.405. Petition for creation of local board.
NRS 539.407. Powers of local board.
NRS 539.410. Election required for approval to enter contract and levy assessment.
NRS 539.413. Applicability of laws relating to contracts between districts and United States.
NRS 539.415. Validation proceedings.
NRS 539.417. Assumption of operation and maintenance of existing works only; power of local board to levy assessments and impose tolls and charges.
NRS 539.420. Construction, replacement or extension of works: Power of local board to levy assessments and impose tolls and charges.
IMPROVEMENT DISTRICTS IN IRRIGATION DISTRICTS
General
NRS 539.423. Purposes for which land may be formed into improvement district.
NRS 539.425. Proposal of formation: Recommendation of district engineer; petition of landowners; designation of area by directors.
NRS 539.427. Plans and estimates of cost of improvement; provision for payment of costs.
NRS 539.430. Submission of proposed improvement, estimated cost and methods of financing to Department of Taxation.
NRS 539.433. Election required after approval by Department of Taxation.
NRS 539.435. Form of question to be submitted to voters.
NRS 539.437. Conduct of election.
NRS 539.440. Apportionment of benefits.
NRS 539.443. Confirmation proceedings in district court: Procedure; notice.
NRS 539.445. Authorization to carry out improvement.
NRS 539.447. Sale of securities; deposit of proceeds in improvement district fund.
NRS 539.450. Securities: Execution by district officers; lien upon issuance of bonds.
NRS 539.453. Levy and collection of annual assessments for payment of interest and redemption of securities.
NRS 539.455. Payment of assessments before issuance of securities.
NRS 539.457. Powers of directors and officers of district.
NRS 539.460. Applicability of chapter to improvement districts.
Funding and Refunding Bonds
NRS 539.463. Issuance; conditions.
NRS 539.465. Election required to authorize issuance; conduct of election; maturity of and interest on bonds.
NRS 539.467. Confirmation of proceedings by district court.
NRS 539.470. Apportionment of benefits; levy of annual assessments for interest and redemption of bonds.
NRS 539.473. Certification of bonds by State Controller.
NRS 539.475. Sale and exchange of bonds.
FINANCIAL ORGANIZATION
General Financial Provisions
NRS 539.477. Debt or liability in excess of express provisions void; incurrence forbidden.
NRS 539.480. Limitation on indebtedness; issuance of warrants or negotiable notes; levy and collection of assessments; limitation on assessments.
NRS 539.483. Monthly financial reports of district treasurer; verification and filing.
NRS 539.485. Monthly posting and publication of claims allowed by board of directors.
NRS 539.487. Annual publication of district financial statement.
NRS 539.490. County treasurer to deliver all money collected to treasurer of district.
Funds
NRS 539.493. Funds created.
NRS 539.495. Construction fund: Source.
NRS 539.497. Construction fund: Authorized disbursements.
NRS 539.500. Construction fund: Transfers to general fund.
NRS 539.503. Bond fund: Source.
NRS 539.505. Bond fund: Investment and transfer of surplus money.
NRS 539.507. General fund: Division into general fund and operation and maintenance fund.
NRS 539.510. General fund: Source.
NRS 539.513. General fund: Board may fix rates of tolls or charges; collection in advance; enforcement of debt; liens.
NRS 539.515. General fund: Expenditures for development, operation and maintenance of recreational grounds; limitations.
NRS 539.517. General fund: Expenditure for exploiting district resources; limitation; tax.
NRS 539.520. Duties of district treasurer; liability on official bond.
NRS 539.523. Directors may make temporary transfers.
NRS 539.525. Regulation of disbursements from funds; approval of vouchers.
NRS 539.527. Interest coupons: Payment by district treasurer.
Deposits
NRS 539.530. Deposit of money in bank or credit union in state.
NRS 539.533. Deposit of district money in accordance with general laws.
NRS 539.537. Security of deposits: Surety bonds; securities in lieu of surety bond.
BONDS
Bonds for Purchase and Construction
NRS 539.540. Resolution of directors: General plan of proposed operations.
NRS 539.543. Surveys and examinations; direction and certification by irrigation engineer.
NRS 539.545. Estimate of amount of money necessary to be raised; election required.
NRS 539.547. Notice of election: Posting; publication; contents.
NRS 539.550. Ballots: Form.
NRS 539.553. Conduct of election; number of votes elector may cast; certain persons and entities entitled to vote; filing of designations or written consents; informalities not to invalidate election.
NRS 539.557. Additional bond issues: Election required.
NRS 539.560. Determination of benefits: Apportionment; procedure.
NRS 539.563. Meeting to review apportionment of benefits: Notice; hearing.
NRS 539.565. Confirmation proceedings in district court: Petition; contents; notice of hearing on petition; pleadings.
NRS 539.567. Confirmation proceedings: Confirmation of apportionment; corrections by court; final judgment; costs.
NRS 539.570. Sale of bonds authorized; public or private sale; terms.
NRS 539.573. Bonds not to be sold for less than 90 percent of par value and accrued interest.
NRS 539.575. Use of unsold bonds in payment of construction; approval of Department of Taxation.
NRS 539.577. Cancellation of authorized bond issue; levy of assessments in lieu of bonds; limitations.
NRS 539.580. Payment of bonds and interest from revenue derived from annual assessments.
NRS 539.583. Payment of interest from bond fund.
NRS 539.585. Payment before issuance of bonds, notes or certificates of indebtedness.
NRS 539.587. Insufficient money to complete improvement: Levy of assessment; issuance of additional bonds.
NRS 539.590. Prior liens.
NRS 539.593. Power of directors to levy assessments to spread redemption of bonds.
NRS 539.595. Directors may execute agreement with bond purchasers guaranteeing tax levy for bond redemption; approval of Department of Taxation; recording of agreement.
NRS 539.597. County auditor to spread minimum sinking fund tax on assessment books.
NRS 539.600. Agreement binding on subsequent boards of directors; directors may increase tax.
NRS 539.603. Proceedings if county officers fail to perform duties pertaining to sinking fund tax.
NRS 539.605. Faith and credit of State pledged.
NRS 539.607. Issuance of notes authorized to meet obligations of district after levy of tax; levy and collection of special tax.
NRS 539.610. Redemption of bonds before maturity: Procedure.
Refunding Bonds
NRS 539.613. Issuance authorized without election; purposes; exchange or sale; lien.
NRS 539.6133. Voluntary surrender or limitation on maturity; limitation on principal, interest and maturity.
NRS 539.6135. Use of proceeds; payment of incidental costs.
NRS 539.6137. Escrow or trust for payment of refunded or refunding bonds.
NRS 539.614. Source of payment and security; applicability of provisions of chapter; conclusiveness of board’s determination of compliance with chapter.
General Provisions
NRS 539.615. Series and issue of bonds.
NRS 539.617. Consecutive numbering; negotiability and payment; multiples of $100.
NRS 539.620. Directors may fix and determine time for issuance and maturity; limit on maturity.
NRS 539.623. Form of bonds.
NRS 539.624. Issuance separately or in combination.
NRS 539.625. Date of bonds.
NRS 539.627. Denominations.
NRS 539.630. Interest.
NRS 539.633. Places of payment.
NRS 539.635. Record to be kept by secretary and treasurer.
NRS 539.6353. Rights and remedies cumulative.
NRS 539.6355. Failure of holder of bonds to proceed does not relieve district of liability.
Levy and Collection of Ad Valorem Taxes as Additional Security for Payment of Certain Bonds
NRS 539.636. Power of board of directors.
NRS 539.6361. Reserve fund from bond proceeds: Creation, accumulation and maintenance; augmentations.
NRS 539.6362. Payment of deficiency from general fund, reserve fund or other available revenue; levy of ad valorem tax.
NRS 539.6363. Duties of board of directors in making levy.
NRS 539.6364. Considerations in certifying annual levies; additional levies in event of insufficient revenue.
NRS 539.6365. Payment of taxes to district; lien.
NRS 539.6366. Sale of property for nonpayment of taxes.
Bonds Payable From or Secured by Pledge of Net Revenues
NRS 539.6371. Issuance authorized to finance revenue-producing project.
NRS 539.6375. Covenants and other provisions.
NRS 539.638. Liens.
NRS 539.6385. Rights and powers of holders of bonds.
NRS 539.639. Trustees and receivers.
Bonds for Legal Investments
NRS 539.640. Resolution of district concerning availability of bonds for legal investments; copy filed with Department of Taxation.
NRS 539.643. Investigation of affairs of district; report of Department of Taxation.
NRS 539.645. Provisions of NRS 539.643 directory only.
NRS 539.647. Certification of bonds by State Controller.
NRS 539.650. Expenditures from construction fund after certification of bonds prohibited without consent of Department of Taxation.
NRS 539.653. Progressive construction: Certification of bonds as needed; prior approval of Department of Taxation if all bonds certified.
NRS 539.655. Form of certificate of State Controller; facsimile signature authorized.
NRS 539.657. District to pay expenses of investigation and report.
NRS 539.660. Bonds as legal investments and security.
NRS 539.663. Bonds of irrigation districts of other states as legal investments; limitations.
NRS 539.665. Faith of State of Nevada pledged.
ASSESSMENTS
NRS 539.667. Secretary is district assessor; preparation of assessment book annually; contents of assessment book.
NRS 539.670. Levy of assessments and tax by board; computation and entry in assessment book.
NRS 539.673. Assessment by district board of land escaping assessment.
NRS 539.675. Use of preceding assessments for succeeding years; deemed regular levy.
NRS 539.677. Levy of assessments by county commissioners or Department of Taxation; duties of district attorney and Attorney General.
NRS 539.680. Correction of assessments; notice of time of meeting to correct assessments; retention of assessment book in district office for inspection; changes in assessments.
NRS 539.683. Collection of assessments: Procedure; duties of county and district officers.
NRS 539.685. Addition of unpaid tolls and charges to assessment levies.
NRS 539.687. Assessment as lien against property; bond lien as preferred lien.
NRS 539.690. Special assessments: Procedure for levy; election; authority to levy assessments for number of years for specific purposes.
NRS 539.693. Sale of land in district because of delinquency in payment of tax; land sold subject to accrued and accruing liens for charges, tolls, assessments and taxes.
NRS 539.695. Procedure for summary foreclosure of lien for accrued charges, tolls or assessments; notice of sale; sale for delinquency in taxes.
NRS 539.697. Distribution and sale of water acquired at sale for delinquent tax or summary foreclosure.
NRS 539.700. Exclusion of land from benefits if land sold for delinquent taxes or assessments: Consent of bondholders and others.
NRS 539.703. Water and water rights become part of general supply when land excluded from further participation in benefits.
NRS 539.705. Land excluded from participation in benefits: Transfer of storage rights and benefits apportioned to other land.
INCLUSION AND EXCLUSION OF LANDS
NRS 539.708. Petition for annexation: Contents; inclusion of lands within municipal corporation.
NRS 539.712. Notice of filing of petition for annexation: Posting; contents; advancement of costs by petitioners.
NRS 539.714. Hearing on annexation petition.
NRS 539.716. Conditions precedent to annexation; apportionment and assessment of benefits.
NRS 539.718. Order of annexation: Contents; survey.
NRS 539.722. Resolution approving annexation notwithstanding electors’ objections: Adoption; contents.
NRS 539.724. Election on question of annexation: Notice; procedure; form of ballots.
NRS 539.726. Order of annexation following election: Contents; recording.
NRS 539.728. Apportionment of benefits following annexation: Compliance with statutes.
NRS 539.732. Lands in one district not to be included in another district.
NRS 539.734. Inclusion within district of state lands and state lands held under contract to purchase.
NRS 539.736. Exclusion of land: Grounds; limitations.
NRS 539.738. Notice of proposed exclusion: Publication; contents.
NRS 539.742. Resolution excluding land; objections.
NRS 539.744. Order or denial of exclusion; publication of order.
NRS 539.746. Recording of order excluding land or changing boundaries with plat.
NRS 539.748. Petition to district court by aggrieved persons.
DISSOLUTION
NRS 539.750. Petition for dissolution of district: Filing with clerk of district court; order of district judge.
NRS 539.753. Contents of petition.
NRS 539.755. Determination of sufficiency of percentages required on petition: What governs clerk of district court.
NRS 539.757. Ballots: Form.
NRS 539.760. Conduct of election; canvass of votes.
NRS 539.763. Certification of election results to district court; examination of returns by court; order of dissolution; filing of financial statement.
NRS 539.765. Court governed by NRS 539.287 where contract with United States exists.
NRS 539.767. Order of dissolution not to be entered until bonded indebtedness liquidated or consent of bondholders filed.
NRS 539.770. Payment of other indebtedness to be provided for; duties of county officers in closing affairs of district.
NRS 539.773. Liquidation of indebtedness; levy of assessments; collection of taxes; sale of district property by county commissioners; disposition of proceeds.
NRS 539.775. Contract with United States or bonded indebtedness not bar to dissolution if provision made for payment.
NRS 539.777. Entry of order dissolving district; further indebtedness prohibited.
UNLAWFUL ACTS AND PENALTIES
NRS 539.780. Unlawful interference with officer, agent or employee of district; criminal and civil penalties.
NRS 539.783. Liability of water user negligently or wrongfully impairing system of works; notice to repair.