Nevada Revised Statutes 541.150 – Subdistricts: Organization; proceedings; board’s consent to furnish water; decree of organization; powers and duties of board of directors
1. Subdistricts may be organized upon the petition of the owners of real property within, or partly within and partly without, the district, which petition must be in substantially the same form and must fulfill the same requirements concerning the subdistricts as the petition outlined in NRS 541.050 is required to fulfill concerning the organization of the main district. The petition must also contain a statement of the minimum quantity of water which the subdistrict proposes to acquire from the district for perpetual use and the court shall, before the entry of its decree organizing a subdistrict, require that the petitioners attach to the petition written evidence of the consent of the board of directors of the water conservancy district to furnish to the subdistrict the perpetual use of water for the purpose specified in the petition.
Terms Used In Nevada Revised Statutes 541.150
- Board: means the board of directors of the district. See Nevada Revised Statutes 541.020
- Contract: A legal written agreement that becomes binding when signed.
- Court: means the district court of that judicial district of the State of Nevada wherein the petition for the organization of a water conservancy district must be filed. See Nevada Revised Statutes 541.020
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Property: means real estate and personal property. See Nevada Revised Statutes 541.020
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Works: means drains, channels, trenches, watercourses and other surface and subsurface conduits to effect drainage, dams, storage reservoirs, compensatory and replacement reservoirs, canals, conduits, pipelines, drains, tunnels, power plants and any and all works, facilities, improvements and property necessary or convenient for the supplying of water for domestic, irrigation, power, milling, manufacturing, mining, metallurgical, and any and all other beneficial uses, and for otherwise accomplishing the purposes of this chapter. See Nevada Revised Statutes 541.020
2. Petitions for the organization of subdistricts must be filed with the clerk of the court and must be accompanied by a bond as provided for in NRS 541.060. The procedure for the organization of subdistricts is the same as for the organization of districts.
3. A subdistrict is a separate entity within the district and has authority to contract with the district for the furnishing of water and for other purposes.
4. Within 60 days after the entry of the decree incorporating a subdistrict, the Governor shall appoint a board of directors of the subdistrict consisting of persons who are owners of real property in the subdistrict, and who may be directors of the district. The provisions of NRS 541.100 are applicable to subdistricts. The board of directors of a subdistrict has all of the powers, rights and privileges granted to a district board under the provisions of this chapter, including specifically, but not limited to, the right of the subdistrict board to levy and collect taxes and assessments referred to in NRS 541.140, 541.160 and 541.240 to carry out its separate purposes. Such taxes and assessments may be levied and collected by the subdistrict notwithstanding the fact that taxes and assessments are being levied and collected by the district in which the subdistrict lies, to carry out the purposes of the district, but the only purpose for which a subdistrict may levy and collect taxes pursuant to NRS 541.160 is to pay the expense of its organization and administration, to pay the cost of construction, operating and maintaining the works of the subdistrict, and for surveys and plans, and for legal services to protect the rights of the subdistrict, and such taxes must not exceed 10 cents on $100 assessed valuation of the property within the subdistrict.