Nevada Landscaping Licensing Law

Nevada Code · 270 sections

The following is the full text of Nevada’s landscaping licensing law statutes as published in the Nevada Code. For the official version, see the Nevada Legislature.

NRS 108.22128

NRS

108.22128

Improvement defined.

Improvement means the development, enhancement or addition to property, by the provision of work, materials or equipment. The term includes, without limitation:

A building, railway, tramway, toll road, canal, water ditch, flume, aqueduct, reservoir, bridge, fence, street, sidewalk, fixtures or other structure or superstructure;
A mine or a shaft, tunnel, adit or other excavation, designed or used to prospect, drain or work a mine;
A system for irrigation, plants, sod or other landscaping;
The demolition or removal of existing improvements, trees or other vegetation;
The drilling of test holes;
Grading, grubbing, filling or excavating;
Constructing or installing sewers or other public utilities; and
Constructing a vault, cellar or room under sidewalks or making improvements to the sidewalks in front of or adjoining the property.

(Added to NRS by 2003, 2588 )

NRS 11.2565

NRS

11.2565

Action involving nonresidential construction defined.

Action involving nonresidential construction means an action that:

(a) Is commenced against a design professional; and

(b) Involves the design, construction, manufacture, repair or landscaping of a nonresidential building or structure, of an alteration of or addition to an existing nonresidential building or structure, or of an appurtenance, including, without limitation, the design, construction, manufacture, repair or landscaping of a new nonresidential building or structure, of an alteration of or addition to an existing nonresidential building or structure, or of an appurtenance.

Ê The term includes, without limitation, an action for professional negligence.

As used in this section:

(a) Appurtenance means a structure, installation, facility, amenity or other improvement that is appurtenant to or benefits one or more nonresidential buildings or structures, but is not a part of the nonresidential building or structure. The term includes, without limitation, the parcel of real property, recreational facilities, walls, sidewalks, driveways, landscaping and other structures, installations, facilities and amenities associated with or benefiting one or more nonresidential buildings or structures.

(b) Design professional means a person who holds a professional license or certificate issued pursuant to chapter 623 , 623A

or 625 of NRS or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture.

(Added to NRS by 2007, 646 )

NRS 11.258

NRS

11.258

Attorney required to consult expert; required affidavit of attorney; required report of expert.

Except as otherwise provided in subsection 2, in an action involving nonresidential construction, the attorney for the complainant shall file an affidavit with the court concurrently with the service of the first pleading in the action stating that the attorney:

(a) Has reviewed the facts of the case;

(b) Has consulted with an expert;

(c) Reasonably believes the expert who was consulted is knowledgeable in the relevant discipline involved in the action; and

(d) Has concluded on the basis of the review and the consultation with the expert that the action has a reasonable basis in law and fact.

The attorney for the complainant may file the affidavit required pursuant to subsection 1 at a later time if the attorney could not consult with an expert and prepare the affidavit before filing the action without causing the action to be impaired or barred by the statute of limitations or repose, or other limitations prescribed by law. If the attorney must submit the affidavit late, the attorney shall file an affidavit concurrently with the service of the first pleading in the action stating the reason for failing to comply with subsection 1 and the attorney shall consult with an expert and file the affidavit required pursuant to subsection 1 not later than 45 days after filing the action.
In addition to the statement included in the affidavit pursuant to subsection 1, a report must be attached to the affidavit. Except as otherwise provided in subsection 4, the report must be prepared by the expert consulted by the attorney and must include, without limitation:

(a) The resume of the expert;

(b) A statement that the expert is experienced in each discipline which is the subject of the report;

(c) A copy of each nonprivileged document reviewed by the expert in preparing the report, including, without limitation, each record, report and related document that the expert has determined is relevant to the allegations of negligent conduct that are the basis for the action;

(d) The conclusions of the expert and the basis for the conclusions; and

(e) A statement that the expert has concluded that there is a reasonable basis for filing the action.

In an action in which an affidavit is required to be filed pursuant to subsection 1:

(a) The report required pursuant to subsection 3 is not required to include the information set forth in paragraphs (c) and (d) of subsection 3 if the complainant or the complainants attorney files an affidavit, at the time that the affidavit is filed pursuant to subsection 1, stating that he or she made reasonable efforts to obtain the nonprivileged documents described in paragraph (c) of subsection 3, but was unable to obtain such documents before filing the action;

(b) The complainant or the complainants attorney shall amend the report required pursuant to subsection 3 to include any documents and information required pursuant to paragraph (c) or (d) of subsection 3 as soon as reasonably practicable after receiving the document or information; and

(c) The court may dismiss the action if the complainant and the complainants attorney fail to comply with the requirements of paragraph (b).

An expert consulted by an attorney to prepare an affidavit pursuant to this section must not be a party to the action.
As used in this section, expert means a person who is licensed in a state to engage in the practice of professional engineering, land surveying, architecture or landscape architecture.

(Added to NRS by 2007, 647 )

NRS 111.238

NRS

111.238

Prohibition on display of flag of the United States on property.

Except as otherwise provided in subsection 2, any covenant, condition or restriction contained in a deed, contract or other legal instrument which affects the transfer, sale or any other interest in real property that prohibits the owner of the property from engaging in the display of the flag of the United States on his or her property is void and unenforceable.
The provisions of this section do not apply to the display of the flag of the United States for commercial advertising purposes.
In any action commenced to enforce the provisions of this section, the prevailing party is entitled to recover reasonable attorneys fees and costs.
As used in this section, display of the flag of the United States means a flag of the United States that is:

(a) Made of cloth, fabric or paper;

(b) Displayed from a pole or staff or in a window; and

Ê The term does not include a depiction or emblem of the flag of the United States that is made of balloons, flora, lights, paint, paving materials, roofing, siding or any other similar building, decorative or landscaping component.

(Added to NRS by 2003, 2966 )

NRS 116.1201

NRS

116.1201

Applicability; regulations.

Except as otherwise provided in this section and NRS 116.1203 , this chapter applies to all common-interest communities created within this State.
This chapter does not apply to:

(a) A limited-purpose association, except that a limited-purpose association:

(1) Shall pay the fees required pursuant to NRS 116.31155 , except that if the limited-purpose association is created for a rural agricultural residential common-interest community, the limited-purpose association is not required to pay the fee unless the association intends to use the services of the Ombudsman;

(2) Shall register with the Ombudsman pursuant to NRS 116.31158 ;

(3) Shall comply with the provisions of:

(I) NRS 116.31038 ;

(II) NRS 116.31083 and 116.31152 , unless the limited-purpose association is created for a rural agricultural residential common-interest community;

(III) NRS 116.31073 , if the limited-purpose association is created for maintaining the landscape of the common elements of the common-interest community;

(IV) NRS 116.31075 , if the limited-purpose association is created for a rural agricultural residential common-interest community; and

(V) NRS 116.3116 to 116.31168 , inclusive.

(4) Shall comply with the provisions of NRS 116.4101 to 116.412 , inclusive, as required by the regulations adopted by the Commission pursuant to paragraph (b) of subsection 5; and

(5) Shall not enforce any restrictions concerning the use of units by the units owners, unless the limited-purpose association is created for a rural agricultural residential common-interest community.

(b) Common-interest communities or units located outside of this State, but NRS 116.4102

and 116.4103 , and, to the extent applicable, NRS 116.41035 to 116.4107 , inclusive, apply to a contract for the disposition of a unit in that common-interest community signed in this State by any party unless exempt under subsection 2 of NRS 116.4101 .

(c) A common-interest community that was created before January 1, 1992, is located in a county whose population is less than 55,000, and has less than 50 percent of the units within the community put to residential use, unless a majority of the units owners otherwise elect in writing.

(d) Except as otherwise provided in this chapter, time shares governed by the provisions of chapter 119A of NRS.

The provisions of this chapter do not:

(a) Prohibit a common-interest community created before January 1, 1992, from providing for separate classes of voting for the units owners;

(b) Require a common-interest community created before January 1, 1992, to comply with the provisions of NRS 116.2101 to 116.2124 , inclusive;

(c) Invalidate any assessments that were imposed on or before October 1, 1999, by a common-interest community created before January 1, 1992;

(d) Except as otherwise provided in subsection 8 of NRS 116.31105 , prohibit a common-interest community created before January 1, 1992, or a common-interest community described in NRS 116.31105

from providing for a representative form of government, except that, in the election or removal of a member of the executive board, the voting rights of the units owners may not be exercised by delegates or representatives;

(e) Prohibit a master association which governs a time-share plan created pursuant to chapter 119A

of NRS from providing for a representative form of government for the time-share plan; or

(f) Prohibit a master association which governs a planned community containing both units that are restricted exclusively to nonresidential use and other units that are not so restricted and which is exempt from the provisions of this chapter pursuant to subsection 2 of NRS 116.12077 from providing for a representative form of government.

The provisions of chapters 117 and 278A

of NRS do not apply to common-interest communities.

The Commission shall establish, by regulation:

(a) The criteria for determining whether an association, a limited-purpose association or a common-interest community satisfies the requirements for an exemption or limited exemption from any provision of this chapter; and

(b) The extent to which a limited-purpose association must comply with the provisions of NRS 116.4101 to 116.412 , inclusive.

As used in this section, limited-purpose association means an association that:

(a) Is created for the limited purpose of maintaining:

(1) The landscape of the common elements of a common-interest community;

(2) Facilities for flood control; or

(3) A rural agricultural residential common-interest community; and

(b) Is not authorized by its governing documents to enforce any restrictions concerning the use of units by units owners, unless the limited-purpose association is created for a rural agricultural residential common-interest community.

(Added to NRS by 1991, 542 ; A 1999, 2998 ; 2001, 2488 ; 2003, 2223 ; 2005, 2587 ; 2009, 1609 , 2211 ,

2863 ,

2908 ,

2910 ;

2011, 1143 , 2418 ;

2019, 1378 ; 2021, 709 , 1398 )

NRS 116.310312

NRS

116.310312

Power of executive board to enter grounds of unit to conduct certain maintenance or remove or abate public nuisance or to enter grounds or interior of unit to abate water or sewage leak or take other action; holder of security interest in unit required to provide certain information to association; imposition of fines and costs; lien against unit; limitation on liability.

A person who holds a security interest in a unit must provide the association with the persons contact information as soon as reasonably practicable, but not later than 30 days after the person:

(a) Files an action for recovery of a debt or enforcement of any right secured by the unit pursuant to NRS 40.430 ; or

(b) Records or has recorded on his or her behalf a notice of a breach of obligation secured by the unit and the election to sell or have the unit sold pursuant to NRS 107.080 .

If an action or notice described in subsection 1 has been filed or recorded regarding a unit and the association has provided the units owner with notice and an opportunity for a hearing in the manner provided in NRS 116.31031 , the association, including its employees, agents and community manager, may, but is not required to, enter the grounds of the unit, whether or not the unit is vacant, to take any of the following actions if the units owner refuses or fails to take any action or comply with any requirement imposed on the units owner within the time specified by the association as a result of the hearing:

(a) Maintain the exterior of the unit in accordance with the standards set forth in the governing documents, including, without limitation, any provisions governing maintenance, standing water or snow removal.

(b) Remove or abate a public nuisance on the exterior of the unit which:

(1) Is visible from any common area of the community or public streets;

(2) Threatens the health or safety of the residents of the common-interest community;

(3) Results in blighting or deterioration of the unit or surrounding area; and

(4) Adversely affects the use and enjoyment of nearby units.

(a) A unit is vacant;

(b) The association has provided the units owner with notice and an opportunity for a hearing in the manner provided in NRS 116.31031 ; and

(c) The association or its employee, agent or community manager mails a notice of the intent of the association, including its employees, agents and community manager, to maintain the exterior of the unit or abate a public nuisance, as described in subsection 2, by certified mail to each holder of a recorded security interest encumbering the interest of the units owner, at the address of the holder that is provided pursuant to NRS 657.110 on the Internet website maintained by the Division of Financial Institutions of the Department of Business and Industry,

Ê the association, including its employees, agents and community manager, may enter the grounds of the unit to maintain the exterior of the unit or abate a public nuisance, as described in subsection 2, if the units owner refuses or fails to do so.

If a unit is in a building that contains units divided by horizontal boundaries described in the declaration, or vertical boundaries that comprise common walls between units, and the unit is vacant, the association, including its employees, agents and community manager, may enter the grounds and interior of the unit to:

(a) Abate a water or sewage leak in the unit and remove any water or sewage from the unit that is causing damage or, if not immediately abated, may cause damage to the common elements or another unit if the units owner refuses or fails to abate the water or sewage leak.

(b) After providing the units owner with notice but before a hearing in accordance with the provisions of NRS 116.31031 :

(1) Remove any furniture, fixtures, appliances and components of the unit, including, without limitation, flooring, baseboards and drywall, that were damaged as a result of water or mold damage resulting from a water or sewage leak to the extent such removal is reasonably necessary because water or mold damage threatens the health or safety of the residents of the common-interest community, results in blighting or deterioration of the unit or the surrounding area and adversely affects the use and enjoyment of nearby units, if the units owner refuses or fails to remediate or remove the water or mold damage.

(2) Remediate or remove any water or mold damage in the unit resulting from the water or sewage leak to the extent such remediation or removal is reasonably necessary because the water or mold damage threatens the health or safety of the residents of the common-interest community, results in blighting or deterioration of the unit or the surrounding area and adversely affects the use and enjoyment of nearby units, if the units owner refuses or fails to remediate or remove the water or mold damage.

After the association has provided the units owner with notice and an opportunity for a hearing in the manner provided in NRS 116.31031 , the association may order that the costs of any maintenance or abatement or the reasonable costs of remediation or removal conducted pursuant to subsection 2, 3 or 4, including, without limitation, reasonable inspection fees, notification and collection costs and interest, be charged against the unit. The association shall keep a record of such costs and interest charged against the unit and has a lien on the unit for any unpaid amount of the charges. The lien may be foreclosed under NRS 116.31162 to 116.31168 , inclusive.
A lien described in subsection 5 bears interest from the date that the charges become due at a rate determined pursuant to NRS 17.130 until the charges, including all interest due, are paid.
Except as otherwise provided in this subsection, a lien described in subsection 5 is prior and superior to all liens, claims, encumbrances and titles other than the liens described in paragraphs (a) and (c) of subsection 2 of NRS 116.3116 . If the federal regulations of the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association require a shorter period of priority for the lien, the period during which the lien is prior and superior to other security interests shall be determined in accordance with those federal regulations. Notwithstanding the federal regulations, the period of priority of the lien must not be less than the 6 months immediately preceding the institution of an action to enforce the lien.
A person who purchases or acquires a unit at a foreclosure sale pursuant to NRS 40.430 or a trustees sale pursuant to NRS 107.080 is bound by the governing documents of the association and shall maintain the exterior of the unit in accordance with the governing documents of the association. Such a unit may only be removed from a common-interest community in accordance with the governing documents pursuant to this chapter.
Notwithstanding any other provision of law, an association, its directors or members of the executive board, employees, agents or community manager who enter the grounds or interior of a unit pursuant to this section are not liable for trespass.
Nothing in this section gives rise to any rights or standing for a claim for a constructional defect made pursuant to

NRS 40.600 to 40.695 , inclusive.

As used in this section:

(a) Exterior of the unit includes, without limitation, all landscaping outside of a unit, the exterior of all property exclusively owned by the unit owner and the exterior of all property that the unit owner is obligated to maintain pursuant to the declaration.

(b) Remediation does not include restoration.

(1) Which reasonably appears to be unoccupied;

(2) On which the owner has failed to maintain the exterior to the standards set forth in the governing documents of the association; and

(3) On which the owner has failed to pay assessments for more than 60 days.

(Added to NRS by 2009, 1007 ; A 2017, 1564 ; 2019, 2265 )

NRS 116.320

NRS

116.320

Right of units owners to display flag of the United States or of the State of Nevada in certain areas; conditions and limitations on exercise of right.

Except as otherwise provided in subsection 2, the executive board of an association shall not and the governing documents of that association must not prohibit a units owner from engaging in the display of the flag of the United States or of the State of Nevada within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively.
The provisions of this section do not:

(a) Apply to the display of the flag of the United States or of the State of Nevada for commercial advertising purposes.

(b) Preclude an association from adopting, and do not preclude the governing documents of an association from setting forth, rules that reasonably restrict the placement and manner of the display of the flag of the United States or of the State of Nevada by a units owner.

In any action commenced to enforce the provisions of this section, the prevailing party is entitled to recover reasonable attorneys fees and costs.
As used in this section, display of the flag of the United States or of the State of Nevada means a flag of the United States or of the State of Nevada that is:

(a) Made of cloth, fabric or paper;

(b) Displayed from a pole or staff or in a window;

(d) With regard to a flag of the State of Nevada, not larger than the size of a flag of the United States that is displayed, if at all, by a units owner.

Ê The term does not include a depiction or emblem of the flag of the United States or of the State of Nevada that is made of balloons, flora, lights, paint, paving materials, roofing, siding or any other similar building, decorative or landscaping component.

(Added to NRS by 2003, 2966 ; A 2015, 851 )—(Substituted in revision for NRS 116.31067)

NRS 116.330

NRS

116.330

Right of units owners to install or maintain drought tolerant landscaping; conditions and limitations on exercise of right; installation of drought tolerant landscaping within common elements.

The executive board shall not and the governing documents must not prohibit a units owner from installing or maintaining drought tolerant landscaping within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively, including, without limitation, the front yard or back yard of the units owner, except that:

(a) Before installing drought tolerant landscaping, the units owner must submit a detailed description or plans for the drought tolerant landscaping for architectural review and approval in accordance with the procedures, if any, set forth in the governing documents of the association; and

(b) The drought tolerant landscaping must be selected or designed to the maximum extent practicable to be compatible with the style of the common-interest community.

Ê The provisions of this subsection must be construed liberally in favor of effectuating the purpose of encouraging the use of drought tolerant landscaping, and the executive board shall not and the governing documents must not unreasonably deny or withhold approval for the installation of drought tolerant landscaping or unreasonably determine that the drought tolerant landscaping is not compatible with the style of the common-interest community.

Installation of drought tolerant landscaping within any common element or conversion of traditional landscaping or cultivated vegetation, such as turf grass, to drought tolerant landscaping within any common element shall not be deemed to be a change of use of the common element unless:

(a) The common element has been designated as a park, open play space or golf course on a recorded plat map; or

(b) The traditional landscaping or cultivated vegetation is required by a governing body under the terms of any applicable zoning ordinance, permit or approval or as a condition of approval of any final subdivision map.

As used in this section, drought tolerant landscaping means landscaping which conserves water, protects the environment and is adaptable to local conditions. The term includes, without limitation, the use of mulches such as decorative rock and artificial turf.

(Added to NRS by 2005, 2583 ; A 2009, 2896 )

NRS 116.41095

NRS

116.41095

Required form of information statement.

The information statement required by NRS 116.4103 and 116.4109 must be in substantially the following form:

BEFORE YOU PURCHASE PROPERTY IN A

COMMON-INTEREST COMMUNITY

DID YOU KNOW . . .

YOU GENERALLY HAVE 5 DAYS TO CANCEL THE PURCHASE AGREEMENT?

When you enter into a purchase agreement to buy a home or unit in a common-interest community, in most cases you should receive either a public offering statement, if you are the original purchaser of the home or unit, or a resale package, if you are not the original purchaser. The law generally provides for a 5-day period in which you have the right to cancel the purchase agreement. The 5-day period begins on different starting dates, depending on whether you receive a public offering statement or a resale package. Upon receiving a public offering statement or a resale package, you should make sure you are informed of the deadline for exercising your right to cancel. In order to exercise your right to cancel, the law generally requires that you hand deliver the notice of cancellation to the seller within the 5-day period, or mail the notice of cancellation to the seller by prepaid United States mail within the 5-day period. Alternatively, if you are not the original purchaser and received a resale package, you may deliver the notice of cancellation by electronic transmission to the seller within the 5-day period in order to exercise your right to cancel. For more information regarding your right to cancel, see Nevada Revised Statutes 116.4108, if you received a public offering statement, or Nevada Revised Statutes 116.4109, if you received a resale package.

YOU ARE AGREEING TO RESTRICTIONS ON HOW YOU CAN USE YOUR PROPERTY?

These restrictions are contained in a document known as the Declaration of Covenants, Conditions and Restrictions. The CC&Rs become a part of the title to your property. They bind you and every future owner of the property whether or not you have read them or had them explained to you. The CC&Rs, together with other governing documents (such as association bylaws and rules and regulations), are intended to preserve the character and value of properties in the community, but may also restrict what you can do to improve or change your property and limit how you use and enjoy your property. By purchasing a property encumbered by CC&Rs, you are agreeing to limitations that could affect your lifestyle and freedom of choice. You should review the CC&Rs, and other governing documents before purchasing to make sure that these limitations and controls are acceptable to you. Certain provisions in the CC&Rs and other governing documents may be superseded by contrary provisions of chapter 116

of the Nevada Revised Statutes. The Nevada Revised Statutes are available at the Internet address http://www.leg.state.nv.us/nrs/ .

YOU WILL HAVE TO PAY OWNERS ASSESSMENTS FOR AS LONG AS YOU OWN YOUR PROPERTY?

As an owner in a common-interest community, you are responsible for paying your share of expenses relating to the common elements, such as landscaping, shared amenities and the operation of any homeowners association. The obligation to pay these assessments binds you and every future owner of the property. Owners fees are usually assessed by the homeowners association and due monthly. You have to pay dues whether or not you agree with the way the association is managing the property or spending the assessments. The executive board of the association may have the power to change and increase the amount of the assessment and to levy special assessments against your property to meet extraordinary expenses. In some communities, major components of the common elements of the community such as roofs and private roads must be maintained and replaced by the association. If the association is not well managed or fails to provide adequate funding for reserves to repair, replace and restore common elements, you may be required to pay large, special assessments to accomplish these tasks.

IF YOU FAIL TO PAY OWNERS ASSESSMENTS, YOU COULD LOSE YOUR HOME?

If you do not pay these assessments when due, the association usually has the power to collect them by selling your property in a nonjudicial foreclosure sale. If fees become delinquent, you may also be required to pay penalties and the associations costs and attorneys fees to become current. If you dispute the obligation or its amount, your only remedy to avoid the loss of your home may be to file a lawsuit and ask a court to intervene in the dispute.

YOU MAY BECOME A MEMBER OF A HOMEOWNERS ASSOCIATION THAT HAS THE POWER TO AFFECT HOW YOU USE AND ENJOY YOUR PROPERTY?

Many common-interest communities have a homeowners association. In a new development, the association will usually be controlled by the developer until a certain number of units have been sold. After the period of developer control, the association may be controlled by property owners like yourself who are elected by homeowners to sit on an executive board and other boards and committees formed by the association. The association, and its executive board, are responsible for assessing homeowners for the cost of operating the association and the common or shared elements of the community and for the day to day operation and management of the community. Because homeowners sitting on the executive board and other boards and committees of the association may not have the experience or professional background required to understand and carry out the responsibilities of the association properly, the association may hire professional community managers to carry out these responsibilities.

Homeowners associations operate on democratic principles. Some decisions require all homeowners to vote, some decisions are made by the executive board or other boards or committees established by the association or governing documents. Although the actions of the association and its executive board are governed by state laws, the CC&Rs and other documents that govern the common-interest community, decisions made by these persons will affect your use and enjoyment of your property, your lifestyle and freedom of choice, and your cost of living in the community. You may not agree with decisions made by the association or its governing bodies even though the decisions are ones which the association is authorized to make. Decisions may be made by a few persons on the executive board or governing bodies that do not necessarily reflect the view of the majority of homeowners in the community. If you do not agree with decisions made by the association, its executive board or other governing bodies, your remedy is typically to attempt to use the democratic processes of the association to seek the election of members of the executive board or other governing bodies that are more responsive to your needs. If you have a dispute with the association, its executive board or other governing bodies, you may be able to resolve the dispute through the complaint, investigation and intervention process administered by the Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels, the Nevada Real Estate Division and the Commission for Common-Interest Communities and Condominium Hotels. However, to resolve some disputes, you may have to mediate or arbitrate the dispute and, if mediation or arbitration is unsuccessful, you may have to file a lawsuit and ask a court to resolve the dispute. In addition to your personal cost in mediation or arbitration, or to prosecute a lawsuit, you may be responsible for paying your share of the associations cost in defending against your claim.

YOU ARE REQUIRED TO PROVIDE PROSPECTIVE PURCHASERS OF YOUR PROPERTY WITH INFORMATION ABOUT LIVING IN YOUR COMMON-INTEREST COMMUNITY?

The law requires you to provide a prospective purchaser of your property with a copy of the communitys governing documents, including the CC&Rs, association bylaws, and rules and regulations, as well as a copy of this document. You are also required to provide a copy of the associations current year-to-date financial statement, including, without limitation, the most recent audited or reviewed financial statement, a copy of the associations operating budget and information regarding the amount of the monthly assessment for common expenses, including the amount set aside as reserves for the repair, replacement and restoration of common elements. You are also required to inform prospective purchasers of any outstanding judgments or lawsuits pending against the association of which you are aware. For more information regarding these requirements, see Nevada Revised Statutes 116.4109.

YOU HAVE CERTAIN RIGHTS REGARDING OWNERSHIP IN A COMMON-INTEREST COMMUNITY THAT ARE GUARANTEED YOU BY THE STATE?

Pursuant to provisions of chapter 116 of Nevada Revised Statutes, you have the right:

(a) To be notified of all meetings of the association and its executive board, except in cases of emergency.

(b) To attend and speak at all meetings of the association and its executive board, except in some cases where the executive board is authorized to meet in closed, executive session.

(d) To inspect, examine, photocopy and audit financial and other records of the association.

(e) To be notified of all changes in the communitys rules and regulations and other actions by the association or board that affect you.

QUESTIONS?

Although they may be voluminous, you should take the time to read and understand the documents that will control your ownership of a property in a common-interest community. You may wish to ask your real estate professional, lawyer or other person with experience to explain anything you do not understand. You may also request assistance from the Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels, Nevada Real Estate Division, at (telephone number).

Buyer or prospective buyers initials:_____

Date:_____

(Added to NRS by 1997, 3114 ; A 1999, 3013 ; 2003, 2248 ; 2005, 2616 ; 2007, 2269 ; 2009, 1738 ; 2017, 1308 )

NRS 119.140

NRS

119.140

License: Required information; application; fee.

Any person or broker proposing to offer or sell any subdivision or lot, parcel, unit or interest therein in this state shall first submit to the Division:

The name and address of each person owning or controlling an interest of 10 percent or more.
The name, principal occupation and address of every officer, director, partner, owner, associate or trustee of the subdivider.
The legal description and area of lands.
A true statement of the condition of the title to the land, including all encumbrances thereon.
A true statement of the terms and conditions on which it is intended to dispose of the land and copies of the instruments which will be delivered to a purchaser to evidence his or her interest in the subdivision and of the contracts and other agreements which a purchaser will be required to agree to or sign.
A true statement of the provisions, if any, that have been made for public utilities in the proposed subdivision, including water, electricity, gas, telephone and sewerage facilities.
A true statement of the use for which the proposed subdivision will be offered.
A true statement of the provisions, if any, limiting the use or occupancy of the parcels in the subdivision.
A true statement of the maximum depth of fill used, or proposed to be used on each lot, and a true statement on the soil conditions in the subdivision supported by engineering reports showing the soil has been, or will be, prepared in accordance with the recommendations of a licensed civil engineer.
A true statement of the amount of indebtedness which is a lien upon the subdivision or any part thereof, and which was incurred to pay for the construction of any on-site or off-site improvement, or any community or recreational facility, and the names and addresses of the holders of the indebtedness together with an indication of their relationship, if any, to the owner and subdivider.
A true statement or reasonable estimate, if applicable, of the amount of any indebtedness which has been or is proposed to be incurred by an existing or proposed special district, entity, taxing area or assessment district, within the boundaries of which the subdivision, or any part thereof, is located, and which is to pay for the construction or installation of any improvement or to furnish community or recreational facilities to the subdivision, and which amounts are to be obtained by ad valorem tax or assessment, or by a special assessment or tax upon the subdivision, or any part thereof.
A true statement describing any agricultural activities or conditions in the area which may adversely affect residents of the subdivision, including any odors, cultivation and related dust, agricultural burning, application of pesticides, or irrigation and drainage.
Such other information as the owner, his or her agent or subdivider may wish to present.
A completed application for a license in such form and containing such additional information as the Division may require on its filing forms.
The fees prescribed by this chapter.

(Added to NRS by 1971, 1405 ; A 1973, 1753 ; 1983, 1679 ; 1997, 1061 )

NRS 172.175

NRS

172.175

Matters into which grand jury shall and may inquire.

Each grand jury that is not impaneled for a specific limited purpose shall inquire into:

(a) The case of every person imprisoned in the jail of the county, on a criminal charge, against whom an indictment has not been found or an information or complaint filed.

(b) The condition and management of any public prison located within the county.

(c) The misconduct in office of public officers of every description within the county which may constitute a violation of a provision of chapter 197 of NRS.

A grand jury that is not impaneled for another specific limited purpose may inquire into any and all matters affecting the morals, health and general welfare of the inhabitants of the county, or of any administrative division thereof, or of any township, incorporated city, irrigation district or town therein.

(Added to NRS by 1967, 1409 ; A 1973, 1274 ; 1985, 556 , 701 )

NRS 207.225

NRS

207.225

Unlawful diversion of irrigation water.

Any person who knowingly diverts or causes to be diverted to his or her own or some other persons use any irrigation water to which another person has a vested right, without such rightful users permission, is guilty of a misdemeanor.

(Added to NRS by 1977, 883 )

NRS 224.120

NRS

224.120

Local government defined. [Effective through June 30, 2025.]

Local government means a political subdivision of the State, including, without limitation, a county, city, irrigation district, water district or water conservancy district.

(Added to NRS by 2021, 1148 ; A 2023, 2743 )

NRS 228.190

NRS

228.190

Intervention or appearance in judicial or administrative proceeding concerning interstate waters, public lands or construction of dams, power plants or other structures.

The Attorney General, in the name of the State, is authorized to intervene or to appear in:

(a) Any action or proceeding at law or in equity which may now or hereafter be pending, when it is necessary for or incident to the purpose of establishing and determining the rights of the State of Nevada, or the residents thereof, in and to:

(1) The waters of all interstate streams located partly in Nevada, where such waters or a part thereof are claimed by any other state or the citizens thereof.

(2) The public lands, and to the waters therein and thereunder, located in the State of Nevada.

(b) Any action or proceeding, judicial or administrative, relative to the construction of any dam, power plant or other structure on any stream located either wholly or partly in Nevada or wholly or partly in any other state, for the purpose of flood control, irrigation, power, or for any other purpose, when it is necessary for or incident to establishing and determining the rights of the State of Nevada or the residents thereof. Any intervention or appearance of the Attorney General of the kind authorized by this paragraph which occurred prior to March 8, 1960, is hereby authorized, ratified, confirmed and approved.

The Attorney General shall not obligate the State in any intervention or appearance for any costs or expenses.

[2:138:1915; A 1955, 66 ]—(NRS A 1960, 125 )

NRS 232.162

NRS

232.162

Sagebrush Ecosystem Council: Creation; members; terms; vacancies; compensation; powers and duties; biannual report to Governor.

The Sagebrush Ecosystem Council is hereby created in the Department. The Council consists of:

(a) The following nine voting members appointed by the Governor:

(1) One member who represents agricultural interests;

(2) One member who represents the energy industry;

(3) One member who represents the general public;

(4) One member who represents conservation and environmental interests;

(5) One member who represents mining interests;

(6) One member who represents ranching interests;

(7) One member who represents local government;

(8) One member who acts as a liaison for Native American tribes; and

(9) One member of the Board of Wildlife Commissioners or his or her designee.

(b) In addition to the members appointed pursuant to paragraph (a), the following nonvoting members:

(1) The Director of the State Department of Conservation and Natural Resources;

(2) The Director of the Department of Wildlife;

(3) The Director of the State Department of Agriculture;

(4) The State Director of the Nevada State Office of the Bureau of Land Management;

(5) The State Supervisor of the Nevada State Office of the United States Fish and Wildlife Service;

(6) The Forest Supervisor for the Humboldt-Toiyabe National Forest; and

(7) Any other members appointed by the Governor as nonvoting members.

The provisions of subsection 6 of NRS 232A.020 do not apply to the appointment by the Governor of the members of the Council.
After the initial terms, each member of the Council appointed pursuant to subparagraphs (1) to (8), inclusive, of paragraph (a) of subsection 1 and subparagraph (7) of paragraph (b) of subsection 1 serves a term of 4 years, commencing on July 1.
A vacancy in the membership of the Council must be filled in the same manner as the original appointment for the remainder of the unexpired term. A member may be reappointed.
While engaged in the business of the Council, each voting member is entitled to receive a salary of not more than $80 per day, as established by the Council, and the per diem allowance and travel expenses provided for state officers and employees generally.
The Council may:

(a) Adopt regulations to govern the management and operation of the Council;

(b) Establish subcommittees consisting of members of the Council to assist the Council in the performance of its duties; and

(c) Consider and require the recovery of costs related to activities prescribed by paragraph (d) of subsection 2 of NRS 321.594 pursuant to NRS 701.600 to 701.640 , inclusive, or any other authorized method of recovering those costs.

The Council shall:

(a) Consider the best science available in its determinations regarding the conservation of the greater sage grouse ( Centrocercus urophasianus ) and sagebrush ecosystems in this State;

(b) Establish and carry out strategies for:

(1) The conservation of the greater sage grouse and sagebrush ecosystems in this State; and

(2) Managing land which includes those sagebrush ecosystems, taking into consideration the importance of those sagebrush ecosystems and the interests of the State;

(c) Establish and carry out a long-term system for carrying out strategies to manage sagebrush ecosystems in this State using an adaptive management framework and providing for input from interested persons and governmental entities;

(d) Oversee any team within the Division of State Lands of the Department which provides technical services concerning sagebrush ecosystems;

(e) Establish a program to mitigate damage to sagebrush ecosystems in this State by authorizing a system that awards credits to persons, federal and state agencies, local governments and nonprofit organizations to protect, enhance or restore sagebrush ecosystems;

(f) Solicit suggestions and information and, if necessary, prioritize projects concerning the enhancement of the landscape, the restoration of habitat, the reduction of nonnative grasses and plants and the mitigation of damage to or the expansion of scientific knowledge of sagebrush ecosystems;

(g) If requested, provide advice for the resolution of any conflict concerning the management of the greater sage grouse or a sagebrush ecosystem in this State;

(h) Coordinate and facilitate discussion among persons, federal and state agencies and local governments concerning the maintenance of sagebrush ecosystems and the conservation of the greater sage grouse;

(i) Provide information and advice to persons, federal and state agencies and local governments concerning any strategy, system, program or project carried out pursuant to this section or NRS 321.592 or 321.594 ; and

(j) Provide direction to state agencies concerning any strategy, system, program or project carried out pursuant to this section or NRS 321.592 or 321.594 and resolve any conflict with any direction given by another state board, commission or department jointly with that board, commission or department, as applicable.

On or before June 30 and December 31 of each year, the Council shall submit a written report to the Governor. The report must include, without limitation:

(a) Information concerning the overall health and population of the greater sage grouse within this State and in the United States and the overall health of sagebrush ecosystems within this State, including, without limitation, information concerning any threats to the population of sage grouse and any sagebrush ecosystems within this State;

(b) Information concerning all strategies, systems, programs and projects carried out pursuant to this section and NRS 321.592 and 321.594 , including, without limitation, information concerning the costs, sources of funding and results of those strategies, systems, programs and projects; and

(Added to NRS by 2013, 3383 )

DEPARTMENT OF ADMINISTRATION

NRS 232.8415

NRS

232.8415

Duties relating to regulation of occupations and professions; professional and occupational licensing boards within purview of Office.

The Office of Nevada Boards, Commissions and Councils Standards shall be responsible for:

(a) Centralized administration;

(b) A uniform set of standards for investigations, licensing and discipline, including, without limitation, separating the roles and responsibilities for occupational licensure from the roles and responsibilities for occupational discipline;

(d) A uniform set of standards for legal representation;

(e) A consistent set of structural standards for boards and commissions;

(f) Transparency and consumer protection; and

(g) Efficacy and efficiency.

To the extent permitted by the Nevada Constitution and federal law, all professional and occupational licensing boards created by the Legislature shall be under the purview of the Office, including, without limitation:

(a) The Nevada State Board of Accountancy created by NRS 628.035 .

(b) The Board of Examiners for Alcohol, Drug and Gambling Counselors created by NRS 641C.150 .

(d) The Board of Athletic Trainers created by NRS 640B.170 .

(e) The State Barbers Health and Sanitation Board created by NRS 643.020 .

(f) The Board of Applied Behavior Analysis created by NRS 641D.200 .

(g) The Chiropractic Physicians Board of Nevada created by NRS 634.020 .

(h) The State Contractors Board created by NRS 624.040 .

(i) The Commission on Construction Education created by NRS 624.570 .

(j) The State Board of Cosmetology created by NRS 644A.200 .

(k) The Certified Court Reporters Board of Nevada created by NRS 656.040 .

(l) The Board of Dental Examiners of Nevada created by NRS 631.120 .

(m) The Committee on Dental Hygiene and Dental Therapy created by NRS 631.205 .

(n) The State Board of Professional Engineers and Land Surveyors created by NRS 625.100 .

(o) The Nevada Funeral and Cemetery Services Board created by NRS 642.020 .

(p) The Nevada Board of Homeopathic Medical Examiners created pursuant to NRS 630A.100 .

(q) The State Board of Landscape Architecture created by NRS 623A.080 .

(r) The Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors created by NRS 641A.090 .

(s) The Board of Massage Therapy created by NRS 640C.150 .

(t) The Board of Medical Examiners created pursuant to NRS 630.050 .

(u) The State Board of Nursing created by NRS 632.020 .

(v) The Advisory Committee on Nursing Assistants and Medication Aides created by NRS 632.072 .

(w) The Board of Occupational Therapy created by NRS 640A.080 .

(x) The Board of Dispensing Opticians created by NRS 637.030 .

(y) The Nevada State Board of Optometry created by NRS 636.030 .

(z) The State Board of Oriental Medicine created by NRS 634A.030 .

(aa) The State Board of Osteopathic Medicine created pursuant to NRS 633.181 .

(bb) The Commission on Postsecondary Education created by NRS 394.383 .

(cc) The State Board of Pharmacy created by NRS 639.020 .

(dd) The Nevada Physical Therapy Board created by

NRS 640.030 .

(ee) The State Board of Podiatry created by NRS 635.020 .

(ff) The Private Investigators Licensing Board created by NRS 648.020 .

(gg) The Board of Psychological Examiners created by NRS 641.030 .

(hh) The Board of Environmental Health Specialists created by NRS 625A.030 .

(ii) The Board of Examiners for Social Workers created pursuant to NRS 641B.100 .

(jj) The Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board created by NRS 637B.100 .

(kk) The Nevada State Board of Veterinary Medical Examiners created by NRS 638.020 .

(Added to NRS by 2023, 3548 )

Office of Ombudsman of Consumer Affairs for Minorities

NRS 237.023

NRS

237.023

Domestic or foreign limited-liability company required to submit disclosure if buying, leasing, transferring, conveying or exchanging land with local government.

If a local government sells, leases, transfers or conveys land to, or exchanges land with, a domestic or foreign limited-liability company, the local government shall require the domestic or foreign limited-liability company to submit a disclosure to the local government setting forth the name of any person who holds an ownership interest of 1 percent or more in the domestic or foreign limited-liability company. The disclosure must be made available for public inspection upon request.
As used in this section:

(a) Land includes all lands, including improvements and fixtures thereon, lands under water, all easements and hereditaments, corporeal or incorporeal, and every estate, interest and right, legal or equitable, in lands or water, and all rights, interests, privileges, easements, encumbrances and franchises relating to the same, including terms for years and liens by way of judgment, mortgage or otherwise.

(b) Local government means any political subdivision of this State, including, without limitation, any county, city, town, board, airport authority, regional transportation commission, fire protection district, irrigation district, school district or other special district that performs a governmental function.

(Added to NRS by 2005, 2208 )

ADOPTION OF RULES AFFECTING BUSINESSES

NRS 237.050

NRS

237.050

Local government defined.

Local government means a political subdivision of this State or a quasi-municipal agency, and includes, without limitation, a city, county, irrigation district, local health district, municipal utility, regional transportation commission, special improvement district, water district or water conservancy district.

(Added to NRS by 1999, 2072 ; A 2019, 886 ; 2023, 647 )

NRS 244.3653

NRS

244.3653

Program to provide financial assistance to owners of public or private property, to make such property resistant to flood damage, in county whose population is 100,000 or more but less than 700,000.

Except as otherwise provided in this section, a board of county commissioners of a county whose population is 100,000 or more but less than 700,000 may:

(a) Establish by ordinance a program to provide financial assistance to owners of public and private property in areas that are likely to be flooded in order to make such property resistant to flood damage.

(b) Accept gifts, grants and other sources of money to pay the costs associated with a program established pursuant to paragraph (a).

(1) Revenue and bond proceeds derived from a flood management project, except that no bond proceeds may be used to provide any loans pursuant to the program.

(2) Funds from the infrastructure fund of the county.

(3) Gifts, grants and other sources of money available to the board of county commissioners.

An ordinance adopted by a board of county commissioners pursuant to paragraph (a) of subsection 1:

(a) Must include, without limitation, a finding of the board that the creation of a program to provide financial assistance to owners of public and private property in areas that are likely to be flooded is necessary to promote and protect the public health, safety and welfare.

(b) May include a provision that the award of financial assistance is subject to any limitation or condition that the board determines is necessary.

Financial assistance provided pursuant to a program established pursuant to subsection 1:

(a) May be in the form of grants or loans, or any combination thereof.

(b) May only be used to pay the actual and necessary costs to make private or public property resistant to flood damage, including, without limitation, flood-proofing the property, erecting barriers, elevating foundations of buildings, structures or improvements, and relocating buildings, structures or improvements to areas that are not likely to be flooded.

(1) To protect any building, structure or improvement unless the building, structure or improvement exists or construction has begun on the building, structure or improvement on or before July 1, 2009.

(2) To relocate any building, structure or improvement to property that is also in an area likely to be flooded.

(3) Unless the property owner:

(I) Submits an application for financial assistance on or before June 30, 2019.

(II) Has not received and agrees not to apply for any further financial assistance to make the property resistant to flood damage from a tourism improvement district established pursuant to NRS 271A.070 , a tax increment area created pursuant to NRS 278C.155 , a redevelopment area established pursuant to NRS 279.426 , a program for the rehabilitation of residential neighborhoods established pursuant to NRS 279A.030

or a program for the rehabilitation of abandoned residential properties established pursuant to NRS 279B.030 .

(III) Satisfies any conditions adopted by the board of county commissioners.

The board of county commissioners may delegate its authority to administer a program of financial assistance established pursuant to this section to a flood management authority.
The board of county commissioners or, if the board has delegated its authority to administer a program of financial assistance pursuant to subsection 4, a flood management authority may bring an action against the property owner for the collection of any delinquent payments, charges, fees, interest or penalties related to any loan provided pursuant to a program established pursuant to this section.
Nothing in this section shall be so construed as to require:

(a) A board of county commissioners to provide financial assistance to any property owner pursuant to this section; or

(b) A property owner to apply for or accept financial assistance pursuant to a program of financial assistance established pursuant to this program.

As used in this section:

(a) Drainage and flood control project has the meaning ascribed to it in NRS 244A.027 .

(b) Flood management authority means any entity that is created by cooperative agreement pursuant to chapter 277 of NRS, the functions of which include the acquisition, construction, improvement, operation and maintenance of a flood management project.

(c) Flood management project, or any phrase of similar import, means a project or improvement that is located within or without a county whose population is 100,000 or more but less than 700,000 and is established for the control or management of any flood or storm waters of the county or any flood or storm waters of a stream of which the source is located outside of the county. The term includes, without limitation:

(1) A drainage and flood control project;

(2) A project to construct, repair or restore an ecosystem;

(3) A project to mitigate any adverse effect of flooding or flood management activity or improvement;

(4) A project to conserve any flood or storm waters for any beneficial and useful purpose by spreading, storing, reusing or retaining those waters or causing those waters to percolate into the ground to improve water quality;

(5) A project that alters or diverts or proposes to alter or divert a natural watercourse, including any improvement for the passage of fish;

(6) A park project that is related to a flood management project;

(7) Any landscaping or similar amenity that is constructed:

(I) To increase the usefulness of a flood management project to any community or to provide aesthetic compatibility with any surrounding community; or

(II) To mitigate any adverse effect on the environment relating to a flood management project;

(8) A project to relocate or replace a utility, transmission line, conduit, bridge or similar feature or structure that exacerbates any flooding or is located in an area that is susceptible to flooding;

(9) A project to protect and manage a floodplain;

(10) A project that is designed to improve the quality of any flood or storm waters or the operation of any flood management system, including, without limitation, any monitoring, measurement or assessment of that system; and

(11) Any real property or interest in real property that is acquired to support the carrying out of a flood management project, including, without limitation, any property that may become flooded because of any improvement for flood management, or any combination thereof and any other structure, fixture, equipment or property required for a flood management project.

(Added to NRS by 2009, 1429 ; A 2011, 1110 )

NRS 267.500

NRS

267.500

Water project defined.

Water project means facilities pertaining to a municipal water system for the collection, transportation, treatment, purification and distribution of water, including without limitation springs, wells, ponds, lakes, other raw water sources, basin cribs, dams, spillways, retarding basins, detention basins, reservoirs, towers, other storage facilities, pumping plants, infiltration galleries, filtration plants, purification systems, other water treatment facilities, power plants, 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 to NRS by 1969, 249 )

NRS 268.4112

NRS

268.4112

Tax to finance water facility by city in county whose population is 700,000 or more: Imposition by ordinance; contents of ordinance; rates; penalties for delinquent payment; collection; review of necessity.

In a county whose population is 700,000 or more, the governing body of a city that owns a municipal water system may, if requested by a water authority, 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 water authority to acquire, establish, construct, improve or equip, or any combination thereof, a water facility. The tax must be imposed by ordinance on customers of the municipal water system that are capable of using or benefiting from the water facility financed, wholly or in part, with the proceeds of the tax.
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.
The ordinance imposing the tax must provide:

(a) The rate or rates of the tax, 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 tax;

(d) The rate of interest that will be charged on late payments.

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 city, by ordinance, may provide that it will be collected in the same manner as delinquent charges are collected pursuant to NRS 268.043 for utility services charges.
Subject to the provisions of this subsection, the governing body of the city may reduce the amount of the tax imposed pursuant to this section as the obligations of the city and the water authority allow. No ordinance imposing a tax which is enacted pursuant to this section may be repealed or amended or otherwise directly or indirectly modified 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 enacted pursuant to this section until those bonds or other obligations have been discharged in full.
The governing body of the city shall review the necessity for the continued imposition of the tax authorized pursuant to this section at least once every 10 years.
As used in this section:

(a) Utility services has the meaning ascribed to it in NRS 268.043 .

(b) Water authority means a water authority organized as a public agency or entity created by cooperative agreement pursuant to chapter 277 of NRS whose members at the time of formation include the three largest retail water purveyors in the county and which is responsible for the acquisition, treatment and delivery of water and water resources on a wholesale basis to utilities, governmental agencies and entities and other large customers.

(c) Water facility means a facility 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, siphons, 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 to NRS by 1997, 1551 ; A 1999, 464 ; 2011, 1158 ; 2017, 376 )

NRS 268.691

NRS

268.691

Flood management project defined.

Flood management project or any phrase of similar import, means a project or improvement that is located within or without a city in a county whose population is 100,000 or more but less than 700,000 and is established for the control or management of any flood or storm waters of the city or any flood or storm waters of a stream of which the source is located outside of the city. The term includes, without limitation:

A drainage project or flood control project;
A project to construct, repair or restore an ecosystem;
A project to mitigate any adverse effect of flooding or flood management activity or improvement;
A project to conserve any flood or storm waters for any beneficial and useful purpose by spreading, storing, reusing or retaining those waters or causing those waters to percolate into the ground to improve water quality;
A project that alters or diverts or proposes to alter or divert a natural watercourse, including any improvement for the passage of fish;
A recreational project that is related to a flood management project;
Any landscaping or similar amenity that is constructed:

(a) To increase the usefulness of a flood management project to any community or to provide aesthetic compatibility with any surrounding community; or

(b) To mitigate any adverse effect on the environment relating to a flood management project;

A project to relocate or replace a utility, transmission line, conduit, bridge or similar feature or structure that exacerbates any flooding or is located in an area that is susceptible to flooding;
A project to protect and manage a floodplain;
A project that is designed to improve the quality of any flood or storm waters or the operation of any flood management system, including, without limitation, any monitoring, measurement or assessment of that system; and
The acquisition of any real property or interest in real property to support the carrying out of a flood management project, including, without limitation, any property that may become flooded because of any improvement for flood management,

Ê or any combination thereof and any other structure, fixture, equipment or property required for a flood management project.

(Added to NRS by 2009, 2739 ; A 2011, 1162 )

NRS 268.728

NRS

268.728

Water project defined.

(Added to NRS by 1973, 1001 )

NRS 268.817

NRS

268.817

Authorized uses of pedestrian mall; control and regulation of mall by governing body.

A pedestrian mall may be used for any purpose that will enhance the movement, safety, convenience, enjoyment, entertainment, recreation or relaxation of pedestrians, and other purposes necessary or appropriate to carry out the provisions of NRS 268.810 to 268.823 , inclusive, including, without limitation, seating, merchandising, exhibiting, advertising and any other use, activity or special event which in the judgment of the governing body or operating entity will accomplish any of those purposes.
The governing body may control or regulate or authorize the control or regulation of:

(a) The distribution and location of movable furniture, sculpture, devices to control pedestrian traffic, landscaping and other facilities that are incidental to the pedestrian mall;

(b) The uses to be permitted or restricted on the pedestrian mall by occupants of abutting property, any transit or telephone utility, concessionaires, vendors, newspaper vending machines and others to serve the convenience and enjoyment of pedestrians and the location of such uses;

(c) The raising of revenue through the imposition of a fee for the use of all or a portion of the pedestrian mall for special events or activities to offset the cost of operating and maintaining the pedestrian mall;

(d) The use of the pedestrian mall for advertising purposes and the charging of a fee in connection therewith;

(e) The operation of any lighting, heating or other facilities in the pedestrian mall;

(f) The replacement of any landscaping and maintenance of the furniture and facilities in the pedestrian mall;

(g) The access to the pedestrian mall by the public and closure of the pedestrian mall to the public for purposes of special events or activities for limited periods of time;

(h) The use of the pedestrian mall for parades and other similar activities; and

(i) Other activities, actions or conduct to promote the best interests of the public and carry out the provisions of NRS 268.810 to 268.823 , inclusive.

(Added to NRS by 1993, 1175 )

NRS 268.818

NRS

268.818

Powers of operating entity.

In addition to any other powers, the operating entity may:

Unless otherwise limited by ordinance or by an agreement with the governing body:

(a) Adopt rules for the management of its affairs and the performance of its functions and duties;

(b) Employ such persons as may be required to carry out its duties and fix and pay their compensation from the money available to pay the expenses of the entity;

(c) Apply for or otherwise solicit, accept, administer and comply with any requirements of any appropriations of money or any gifts, grants or donations of property or money;

(d) Make and execute agreements which may be necessary or convenient to the exercise of the powers and functions of the operating entity, including contracts with any person, firm, corporation, governmental agency or other entity, except that before any such agreement may bind the city in any way, the governing body must specifically approve the agreement;

(e) Administer and manage its own money and pay its own obligations;

(f) Enforce the conditions of any loan, grant, sale or lease made by the entity;

(g) Publicize the pedestrian mall and the businesses that are located within the pedestrian mall; and

(h) Recruit new businesses to fill vacancies and balance the combination of types of businesses in and around the pedestrian mall.

If specifically approved by the governing body:

(a) Fund or assist in the funding of the costs of improving the exterior appearance of property that abuts the pedestrian mall through grants or loans made to the owner or occupant of the property;

(b) Fund the rehabilitation of property that abuts the pedestrian mall;

(c) Accept, purchase, rehabilitate, sell, lease or manage any property that abuts the pedestrian mall, with the consent of the owner;

(d) Provide security, sanitation and other services for the property that abuts the pedestrian mall that are in addition to the services ordinarily provided by the city; and

(e) Acquire, construct or otherwise provide improvements that are designed to increase the safety or attractiveness of the pedestrian mall to businesses which may wish to locate there or to visitors to the mall, including, without limitation, cleanup and control of litter, landscaping, parking areas and facilities, recreational and rest areas and facilities pursuant to any applicable regulations of the governing body.

(Added to NRS by 1993, 1176 )

NRS 269.405

NRS

269.405

Powers of board to make public improvements.

The town board or board of county commissioners shall have the power, in addition to other powers conferred upon such boards by this chapter or otherwise:

To lay out, extend, change the grade, open and alter the highways, streets and alleys within the town.
To require and provide for the macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning and repairing, lighting, surfacing and resurfacing, and widening of any highway, street or alley, or in any way whatsoever to improve the same.
To provide for the purchase, construction, improvement, maintenance and preservation of town parks, swimming pools, tennis courts, public buildings, structures and facilities for recreation and entertainment purposes, and the purchase of sites for all such purposes.
To provide for construction, repair, maintenance and preservation of sidewalks, crossings, bridges, drains, underground irrigation pipes, water mains, curbs, gutters and storm sewers.
To provide for the purchase, construction, repair, maintenance and preservation of sanitary sewage facilities, sanitary sewer systems and water systems, and the purchase of sites therefor.
To provide for the maintenance, repair, alteration, improvement, construction and preservation of all town buildings and property not herein mentioned.
To make any other public improvement of any nature, including the purchase and construction of such buildings, structures, edifices and facilities as the town board may deem appropriate.

(Added to NRS by 1963, 1161 ; A 1967, 1734 )

NRS 271.145

NRS

271.145

Municipality defined.

Municipality means any county, unincorporated town or city in the State, including Carson City, whether incorporated or governed under a general act, special legislative act or special charter of any type or other political subdivision to which this chapter applies. Municipal pertains thereto. Where the context so indicates, municipality means the geographical area comprising the municipality.
Municipality does not include an irrigation district or other special district governed by title 48 of NRS.

(Added to NRS by 1965, 1352 ; A 1969, 325 ; 1971, 2100 ; 1979, 490 ; 1981, 958 ; 1983, 126 ; 1987, 1717 )

NRS 271.147

NRS

271.147

Neighborhood improvement project defined.

Neighborhood improvement project includes:

The beautification and improvement of the public portions of any area, including, without limitation:

(a) Public restrooms;

(b) Facilities for outdoor lighting and heating;

(d) Fountains;

(e) Landscaping;

(f) Facilities or equipment, or both, to enhance protection of persons and property within the improvement district;

(g) Ramps, sidewalks and plazas; and

(h) Rehabilitation or removal of existing structures; and

The improvement of an area by providing promotional activities.

(Added to NRS by 1999, 2861 ; A 2015, 143 )—(Substituted in revision for NRS 271.063)

NRS 271.223

NRS

271.223

Street beautification project defined.

Street beautification project means the beautification of any street, including, without limitation, median strips, pedestrian malls, covered walkways or areas, water distribution and irrigation systems, retaining walls, landscaping, tree planting, shrubbery, foliage, fountains, waterfalls, decorative structures, benches, information booths, restrooms, signs and other structures, and the reconstruction and relocation of existing municipally owned works, improvements or facilities on such streets, whether or not performed in conjunction with a street project or off-street parking project, or both.

(Added to NRS by 1999, 853 )

NRS 271.250

NRS

271.250

Water project defined.

Water project means facilities appertaining to a municipal water system for the collection, transportation, treatment, purification and distribution of water, including without limitation springs, wells, other raw water sources, basin cribs, dams, reservoirs, towers, other storage facilities, pumping plants and stations, filter plant, purification system, water treatment facilities, power plant, waterworks plant, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, ditches, water transmission and distribution mains, pipes, lines, laterals, and service pipes, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings, and all appurtenances and incidentals necessary, useful or desirable for the acquisition, transportation, treatment, purification and distribution of potable water or untreated water for domestic, commercial and industrial use and irrigation (or any combination thereof), including real and other property therefor.

(Added to NRS by 1965, 1355 )

NRS 271.252

NRS

271.252

Waterfront maintenance project defined.

Waterfront maintenance project means any maintenance or repair, regardless of whether performed in conjunction with a waterfront project, to:

(a) Public property that is located along the shore of a public body of water; or

(b) Areas within or under a public body of water.

The term includes, without limitation, maintenance and repair of restrooms, fishing sites, boardwalks, decks, boat ramps, utilities, facilities for controlling drainage, parking facilities, sidewalks, benches, bulkheads, and retaining walls and lighting equipment and dredging for boat ways, erosion protection, environmental mitigation, landscaping, pumping and excavation, and all appurtenances and incidentals thereto.

(Added to NRS by 2017, 2202 )

NRS 271.253

NRS

271.253

Waterfront project defined.

Waterfront project means any improvement to:

(a) Public property that is located along the shore of a public body of water; or

(b) Areas within or under a public body of water.

The term includes, without limitation, restrooms, fishing sites, boardwalks, decks, boat ramps, utilities, facilities for controlling drainage, parking facilities, lighting, dredging for boat ways, erosion protection, environmental mitigation, landscaping, sidewalks, benches, bulkheads, retaining walls, pumping and excavation, and all appurtenances and incidentals thereto.

(Added to NRS by 2015, 143 )

NRS 271.6325

NRS

271.6325

Resolution of governing body specifying procedures for the creation and administration of district; program guide.

Before creating a district pursuant to NRS 271.6312 , a governing body must adopt a resolution which specifies the procedures for the creation and administration of such a district.
The resolution adopted pursuant to subsection 1 must approve a program guide that contains, without limitation:

(a) A draft voluntary assessment agreement between the municipality and the property owner;

(b) A draft notice of assessment and assessment lien; and

The resolution adopted pursuant to subsection 1 or the program guide approved pursuant to subsection 2 must:

(a) Require that the property owner agree to the assessment in the amount approved by the governing body as repayment for the financing of the qualified improvement project.

(b) Require that the property owner acknowledge that an assessment lien will be recorded on the real property pursuant to NRS 271.63165 to secure the repayment of the financing set forth in the financing agreement.

(c) Prohibit any financing agreement the duration of which exceeds the expected useful life of the qualified improvement project or, if the qualified improvement project includes more than one qualified improvement, the weighted average expected life of all qualified improvements included in the qualified improvement project that are financed by the financing agreement or bond issuance.

(d) Describe the application and eligibility requirements for real property to be included in a district, including, without limitation, with respect to a resiliency project. Such provisions must set forth:

(1) The nature of resiliency improvements that may be included in a resiliency project;

(2) The standards and codes that must be met for a resiliency project to be a qualified improvement; and

(3) The types of licensed professionals who are approved by the municipality to determine whether the resiliency project meets the definition set forth in NRS 271.6309 , as required by NRS 271.6312 , including, without limitation, whether a specific type of resiliency project needs to be approved by:

(I) An architect registered pursuant to chapter 623 of NRS;

(II) A landscape architect registered pursuant to chapter 623A of NRS;

(III) A professional engineer licensed pursuant to chapter 625 of NRS;

(IV) An environmental health specialist that has a certificate of registration pursuant to chapter 625A of NRS;

(V) A land use planner certified by the American Institute of Certified Planners; or

(VI) Any other licensed professional person, as set forth in the resolution or program guide.

(e) Describe the requirements to be a capital provider.

(f) Require each application to be reviewed on its own merits.

(g) Require each application to include the submission of the analysis or feasibility study required pursuant to NRS 271.6312 .

(h) Provide that any approval of a qualified improvement project by a municipality will only apply to the tract or tracts set forth in the application.

(i) Set forth guidelines for a certified appraiser to determine the fair market value of the property that will be assessed.

The resolution or program guide may provide for one or more of the following:

(a) Additional notices of the proposal to create the district, notices of the opportunity to apply for inclusion in the district or any other notices;

(b) Any additional requirements for a qualified improvement project, including, without limitation, any requirement for insurance, security features or additional covenants and agreements that must be entered into by the municipality, capital provider, property owner and, if applicable, lessee;

(1) A reserve of money for bonds issued for the district, the method of funding the reserve and the disposition of any interest earned upon or the principal of the reserve that is not needed to repay any bonds or interim warrants issued for the purposes of financing a qualified improvement project within the district; and

(2) Any other security for those bonds or interim warrants;

(d) Any requirements for casualty insurance, liability insurance or other types of insurance for any project within the district;

(e) The method of determining the lien-to-value ratio of the property for the purpose of complying with the limitation prescribed by paragraph (d) of subsection 2 of NRS 271.6315 ;

(f) Any limitation on the lien-to-value ratio that would result in a lower lien-to-value ratio than that prescribed by paragraph (d) of subsection 2 of NRS 271.6315 ;

(g) Any sources, other than the proceeds of assessments, that will be used to pay:

(1) The cost of construction and installation of improvements financed pursuant to NRS 271.6301 to 271.6325 , inclusive;

(2) The cost of any reserve of money or other security for financing a qualified improvement project pursuant to NRS 271.6301 to 271.6325 , inclusive; or

(3) The cost of engineering work, the cost to issue any bonds or provide other financing, or the cost of other incidentals pursuant to NRS 271.6301 to 271.6325 , inclusive;

(h) Any other security features, covenants required of property owners, covenants required of other parties or any other covenants, guarantees, insurance or other matters which the governing body finds are necessary or desirable for the financing of a qualified improvement project pursuant to NRS 271.6301 to 271.6325 , inclusive;

(i) Any other matters, procedures or financing or program terms which the governing body, in its sole discretion, determines are necessary or desirable to carry out the purposes of NRS 271.6301 to 271.6325 , inclusive, including, without limitation, any requirement related to the estimated benefit conferred on the property by the qualified improvement project;

(j) The amount of, or the basis for determining the amount of, any application or administrative fees that must be paid to the municipality, the program administrator, or both, and the time when any such fee will be due; and

(k) A designation delegating all or any part of the governance and administration of the district to:

(1) The governing body;

(2) A designated official, department or employee of the municipality; or

(3) An independent third party administrator.

A resolution adopted pursuant to this section must be adopted by a majority vote of the governing body. Such a resolution is effective upon adoption or on any date thereafter, as provided in the resolution.

(Added to NRS by 2017, 1396 ; A 2021, 3250 )

ADMINISTRATION PURSUANT TO ECONOMIC DEVELOPMENT FINANCING AGREEMENT

NRS 277.200

NRS

277.200

Text of Compact. [Effective until: (1) the approval pursuant to Public Law 96-551 of the amendments to the Compact contained in section 1.5 of chapter 530,

Statutes of Nevada 2011, at page 3711

, as amended by section 2 of chapter 424,

Statutes of Nevada 2013, at page 2345

; (2) the proclamation by the Governor of this State of the enactment by the State of California of amendments that are substantially identical to the amendments to the Compact contained in section 1 of chapter 207,

Statutes of Nevada 2019, at page 1137

; or (3) the proclamation by the Governor of this State of the withdrawal by the State of California from the Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers.]

The Tahoe Regional Planning Compact is as follows:

Tahoe Regional Planning Compact

ARTICLE I. Findings and Declarations of Policy

(a) It is found and declared that:

(1) The waters of Lake Tahoe and other resources of the region are threatened with deterioration or degeneration, which endangers the natural beauty and economic productivity of the region.

(2) The public and private interests and investments in the region are substantial.

(3) The region exhibits unique environmental and ecological values which are irreplaceable.

(4) By virtue of the special conditions and circumstances of the regions natural ecology, developmental pattern, population distribution and human needs, the region is experiencing problems of resource use and deficiencies of environmental control.

(5) Increasing urbanization is threatening the ecological values of the region and threatening the public opportunities for use of the public lands.

(6) Maintenance of the social and economic health of the region depends on maintaining the significant scenic, recreational, educational, scientific, natural and public health values provided by the Lake Tahoe Basin.

(7) There is a public interest in protecting, preserving and enhancing these values for the residents of the region and for visitors to the region.

(8) Responsibilities for providing recreational and scientific opportunities, preserving scenic and natural areas, and safeguarding the public who live, work and play in or visit the region are divided among local governments, regional agencies, the states of California and Nevada, and the Federal Government.

(9) In recognition of the public investment and multistate and national significance of the recreational values, the Federal Government has an interest in the acquisition of recreational property and the management of resources in the region to preserve environmental and recreational values, and the Federal Government should assist the states in fulfilling their responsibilities.

(10) In order to preserve the scenic beauty and outdoor recreational opportunities of the region, there is a need to insure an equilibrium between the regions natural endowment and its man-made environment.

(b) In order to enhance the efficiency and governmental effectiveness of the region, it is imperative that there be established a Tahoe Regional Planning Agency with the powers conferred by this compact including the power to establish environmental threshold carrying capacities and to adopt and enforce a regional plan and implementing ordinances which will achieve and maintain such capacities while providing opportunities for orderly growth and development consistent with such capacities.

(c) The Tahoe Regional Planning Agency shall interpret and administer its plans, ordinances, rules and regulations in accordance with the provisions of this compact.

ARTICLE II. Definitions

As used in this compact:

(a) Region, includes Lake Tahoe, the adjacent parts of Douglas and Washoe counties and Carson City, which for the purposes of this compact shall be deemed a county, lying within the Tahoe Basin in the State of Nevada, and the adjacent parts of the Counties of Placer and El Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 North, Range 16 East, M.D.B. & M. The region defined and described herein shall be as precisely delineated on official maps of the agency.

(b) Agency means the Tahoe Regional Planning Agency.

(d) Regional plan means the long-term general plan for the development of the region.

(e) Planning commission means the advisory planning commission appointed pursuant to subdivision (h) of Article III.

(f) Gaming means to deal, operate, carry on, conduct, maintain or expose for play any banking or percentage game played with cards, dice or any mechanical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fantan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, stud poker, draw poker or slot machine, but does not include social games played solely for drinks, or cigars or cigarettes served individually, games played in private homes or residences for prizes or games operated by charitable or educational organizations, to the extent excluded by applicable state law.

(g) Restricted gaming license means a license to operate not more than 15 slot machines on which a quarterly fee is charged pursuant to NRS 463.373 and no other games.

(h) Project means an activity undertaken by any person, including any public agency, if the activity may substantially affect the land, water, air, space or any other natural resources of the region.

(i) Environmental threshold carrying capacity means an environmental standard necessary to maintain a significant scenic, recreational, educational, scientific or natural value of the region or to maintain public health and safety within the region. Such standards shall include but not be limited to standards for air quality, water quality, soil conservation, vegetation preservation and noise.

(j) Feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

(k) Areas open to public use means all of the areas within a structure housing gaming under a nonrestricted license except areas devoted to the private use of guests.

(l) Areas devoted to private use of guests means hotel rooms and hallways to serve hotel room areas, and any parking areas. A hallway serves hotel room areas if more than 50 percent of the areas on each side of the hallway are hotel rooms.

(m) Nonrestricted license means a gaming license which is not a restricted gaming license.

ARTICLE III. Organization

(a) There is created the Tahoe Regional Planning Agency as a separate legal entity.

The governing body of the agency shall be constituted as follows:

(1) California delegation:

(A) One member appointed by each of the County Boards of Supervisors of the Counties of El Dorado and Placer and one member appointed by the City Council of the City of South Lake Tahoe. Any such member may be a member of the county board of supervisors or city council, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.

(B) Two members appointed by the Governor of California, one member appointed by the Speaker of the Assembly of California and one member appointed by the Senate Rules Committee of the State of California. The members appointed pursuant to this subparagraph shall not be residents of the region and shall represent the public at large within the State of California.

(2) Nevada delegation:

(A) One member appointed by each of the boards of county commissioners of Douglas and Washoe counties and one member appointed by the board of supervisors of Carson City. Any such member may be a member of the board of county commissioners or board of supervisors, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.

(B) One member appointed by the governor of Nevada, the secretary of state of Nevada or his designee, and the director of the state department of conservation and natural resources of Nevada or his designee. Except for the secretary of state and the director of the state department of conservation and natural resources, the members or designees appointed pursuant to this subparagraph shall not be residents of the region. All members appointed pursuant to this subparagraph shall represent the public at large within the State of Nevada.

(C) One member appointed for a 1-year term by the six other members of the Nevada delegation. If at least four members of the Nevada delegation are unable to agree upon the selection of a seventh member within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body for that state the governor of the State of Nevada shall make such an appointment. The member appointed pursuant to this subparagraph may, but is not required to, be a resident of the region within the State of Nevada.

(3) If any appointing authority under paragraph (1)(A), (1)(B), (2)(A) or (2)(B) fails to make such an appointment within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body, the governor of the state in which the appointing authority is located shall make the appointment. The term of any member so appointed shall be 1 year.

(4) The position of any member of the governing body shall be deemed vacant if such a member is absent from three consecutive meetings of the governing body in any calendar year.

(5) Each member and employee of the agency shall disclose his economic interests in the region within 10 days after taking his seat on the governing board or being employed by the agency and shall thereafter disclose any further economic interest which he acquires, as soon as feasible after he acquires it. As used in this paragraph, economic interests means:

(A) Any business entity operating in the region in which the member or employee has a direct or indirect investment worth more than $1,000;

(B) Any real property located in the region in which the member or employee has a direct or indirect interest worth more than $1,000;

(C) Any source of income attributable to activities in the region, other than loans by or deposits with a commercial lending institution in the regular course of business, aggregating $250 or more in value received by or promised to the member within the preceding 12 months; or

(D) Any business entity operating in the region in which the member or employee is a director, officer, partner, trustee, employee or holds any position of management.

Ê No member or employee of the agency shall make, or attempt to influence, an agency decision in which he knows or has reason to know he has an economic interest. Members and employees of the agency must disqualify themselves from making or participating in the making of any decision of the agency when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the economic interests of the member or employee.

(b) The members of the agency shall serve without compensation, but the expenses of each member shall be met by the body which he represents in accordance with the law of that body. All other expenses incurred by the governing body in the course of exercising the powers conferred upon it by this compact unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.

(c) Except for the secretary of state and director of the state department of conservation and natural resources of Nevada and the member appointed pursuant to subdivision (a)(2)(C), the members of the governing body serve at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every 4 years. Members may be reappointed.

(d) The governing body of the agency shall meet at least monthly. All meetings shall be open to the public to the extent required by the law of the State of California or the State of Nevada, whichever imposes the greater requirement, applicable to local governments at the time such meeting is held. The governing body shall fix a date for its regular monthly meeting in such terms as the first Monday of each month, and shall not change such date more often than once in any calendar year. Notice of the date so fixed shall be given by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region. Notice of any special meeting, except an emergency meeting, shall be given by so publishing the date and place and posting an agenda at least 5 days prior to the meeting.

(e) The position of a member of the governing body shall be considered vacated upon his loss of any of the qualifications required for his appointment and in such event the appointing authority shall appoint a successor.

(f) The governing body shall elect from its own members a chairman and vice chairman, whose terms of office shall be 2 years, and who may be reelected. If a vacancy occurs in either office, the governing body may fill such vacancy for the unexpired term.

(g) Four of the members of the governing body from each state constitute a quorum for the transaction of the business of the agency. The voting procedures shall be as follows:

(1) For adopting, amending or repealing environmental threshold carrying capacities, the regional plan, and ordinances, rules and regulations, and for granting variances from the ordinances, rules and regulations, the vote of at least four of the members of each state agreeing with the vote of at least four members of the other state shall be required to take action. If there is no vote of at least four of the members from one state agreeing with the vote of at least four of the members of the other state on the actions specified in this paragraph, an action of rejection shall be deemed to have been taken.

(2) For approving a project, the affirmative vote of at least five members from the state in which the project is located and the affirmative vote of at least nine members of the governing body are required. If at least five members of the governing body from the state in which the project is located and at least nine members of the entire governing body do not vote in favor of the project, upon a motion for approval, an action of rejection shall be deemed to have been taken. A decision by the agency to approve a project shall be supported by a statement of findings, adopted by the agency, which indicates that the project complies with the regional plan and with applicable ordinances, rules and regulations of the agency.

(3) For routine business and for directing the agencys staff on litigation and enforcement actions, at least eight members of the governing body must agree to take action. If at least eight votes in favor of such action are not cast, an action of rejection shall be deemed to have been taken.

Ê Whenever under the provisions of this compact or any ordinance, rule, regulation or policy adopted pursuant thereto, the agency is required to review or approve any project, public or private, the agency shall take final action by vote, whether to approve, to require modification or to reject such project, within 180 days after the application for such project is accepted as complete by the agency in compliance with the agencys rules and regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If a final action by vote does not take place within 180 days, the applicant may bring an action in a court of competent jurisdiction to compel a vote unless he has agreed to an extension. This provision does not limit the right of any person to obtain judicial review of agency action under subdivision (h) of Article VI. The vote of each member of the governing body shall be individually recorded. The governing body shall adopt its own rules, regulations and procedures.

(h) An advisory planning commission shall be appointed by the agency. The commission shall include: the chief planning officers of Placer County, El Dorado County, and the City of South Lake Tahoe in California and of Douglas County, Washoe County and Carson City in Nevada, the executive officer of the Lahontan Regional Water Quality Control Board of the State of California, the executive officer of the Air Resources Board of the State of California, the director of the state department of conservation and natural resources of the State of Nevada, the administrator of the division of environmental protection in the state department of conservation and natural resources of the State of Nevada, the administrator of the Lake Tahoe Management Unit of the United States Forest Service, and at least four lay members with an equal number from each state, at least half of whom shall be residents of the region. Any official member may designate an alternate.

The term of office of each lay member of the advisory planning commission shall be 2 years. Members may be reappointed.

The position of each member of the advisory planning commission shall be considered vacated upon loss of any of the qualifications required for appointment, and in such an event the appointing authority shall appoint a successor.

The advisory planning commission shall elect from its own members a chairman and a vice chairman, whose terms of office shall be 2 years and who may be reelected. If a vacancy occurs in either office, the advisory planning commission shall fill such vacancy for the unexpired term.

A majority of the members of the advisory planning commission constitutes a quorum for the transaction of the business of the commission. A majority vote of the quorum present shall be required to take action with respect to any matter.

(i) The agency shall establish and maintain an office within the region, and for this purpose the agency may rent or own property and equipment. Every plan, ordinance and other record of the agency which is of such nature as to constitute a public record under the law of either the State of California or the State of Nevada shall be open to inspection and copying during regular office hours.

(j) Each authority charged under this compact or by the law of either state with the duty of appointing a member of the governing body of the agency shall by certified copy of its resolution or other action notify the Secretary of State of its own state of the action taken.

ARTICLE IV. Personnel

(a) The governing body shall determine the qualification of, and it shall appoint and fix the salary of, the executive officer of the agency, and shall employ such other staff and legal counsel as may be necessary to execute the powers and functions provided for under this compact or in accordance with any intergovernmental contracts or agreements the agency may be responsible for administering.

(b) Agency personnel standards and regulations shall conform insofar as possible to the regulations and procedures of the civil service of the State of California or the State of Nevada, as may be determined by the governing body of the agency; and shall be regional and bistate in application and effect; provided that the governing body may, for administrative convenience and at its discretion, assign the administration of designated personnel arrangements to an agency of either state, and provided that administratively convenient adjustments be made in the standards and regulations governing personnel assigned under intergovernmental agreements.

(c) The agency may establish and maintain or participate in such additional programs of employee benefits as may be appropriate to afford employees of the agency terms and conditions of employment similar to those enjoyed by employees of California and Nevada generally.

ARTICLE V. Planning

(a) In preparing each of the plans required by this article and each amendment thereto, if any, subsequent to its adoption, the planning commission after due notice shall hold at least one public hearing which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment. The notice required by this subdivision shall be given at least 20 days prior to the public hearing by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.

The planning commission shall then recommend such plan or amendment to the governing body for adoption by ordinance. The governing body may adopt, modify or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission. If the governing body initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in this subdivision.

If a request is made for the amendment of the regional plan by:

(1) A political subdivision a part of whose territory would be affected by such amendment; or

(2) The owner or lessee of real property which would be affected by such amendment,

Ê the governing body shall complete its action on such amendment within 180 days after such request is accepted as complete according to standards which must be prescribed by ordinance of the agency.

(b) The agency shall develop, in cooperation with the states of California and Nevada, environmental threshold carrying capacities for the region. The agency should request the Presidents Council on Environmental Quality, the United States Forest Service and other appropriate agencies to assist in developing such environmental threshold carrying capacities. Within 18 months after the effective date of the amendments to this compact, the agency shall adopt environmental threshold carrying capacities for the region.

(c) Within 1 year after the adoption of the environmental threshold carrying capacities for the region, the agency shall amend the regional plan so that, at a minimum, the plan and all of its elements, as implemented through agency ordinances, rules and regulations, achieves and maintains the adopted environmental threshold carrying capacities. Each element of the plan shall contain implementation provisions and time schedules for such implementation by ordinance. The planning commission and governing body shall continuously review and maintain the regional plan. The regional plan shall consist of a diagram, or diagrams, and text, or texts setting forth the projects and proposals for implementation of the regional plan, a description of the needs and goals of the region and a statement of the policies, standards and elements of the regional plan.

The regional plan shall be a single enforceable plan and includes all of the following correlated elements:

(1) A land-use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space and other natural resources within the region, including but not limited to an indication or allocation of maximum population densities and permitted uses.

(2) A transportation plan for the integrated development of a regional system of transportation, including but not limited to parkways, highways, transportation facilities, transit routes, waterways, navigation facilities, public transportation facilities, bicycle facilities, and appurtenant terminals and facilities for the movement of people and goods within the region. The goal of transportation planning shall be:

(A) To reduce dependency on the automobile by making more effective use of existing transportation modes and of public transit to move people and goods within the region; and

(B) To reduce to the extent feasible air pollution which is caused by motor vehicles.

Ê Where increases in capacity are required, the agency shall give preference to providing such capacity through public transportation and public programs and projects related to transportation. The agency shall review and consider all existing transportation plans in preparing its regional transportation plan pursuant to this paragraph.

The plan shall provide for an appropriate transit system for the region.

The plan shall give consideration to:

(A) Completion of the Loop Road in the states of Nevada and California;

(B) Utilization of a light rail mass transit system in the South Shore area; and

Ê Until the regional plan is revised, or a new transportation plan is adopted in accordance with this paragraph, the agency has no effective transportation plan.

(3) A conservation plan for the preservation, development, utilization, and management of the scenic and other natural resources within the basin, including but not limited to, soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, recreational and historical facilities.

(4) A recreation plan for the development, utilization, and management of the recreational resources of the region, including but not limited to, wilderness and forested lands, parks and parkways, riding and hiking trails, beaches and playgrounds, marinas, areas for skiing and other recreational facilities.

(5) A public services and facilities plan for the general location, scale and provision of public services and facilities, which, by the nature of their function, size, extent and other characteristics are necessary or appropriate for inclusion in the regional plan.

In formulating and maintaining the regional plan, the planning commission and governing body shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the counties and cities within the region, the plans and planning activities of the state, federal and other public agencies and nongovernmental agencies and organizations which affect or are concerned with planning and development within the region.

(d) The regional plan shall provide for attaining and maintaining federal, state, or local air and water quality standards, whichever are strictest, in the respective portions of the region for which the standards are applicable.

The agency may, however, adopt air or water quality standards or control measures more stringent than the applicable state implementation plan or the applicable federal, state, or local standards for the region, if it finds that such additional standards or control measures are necessary to achieve the purposes of this compact. Each element of the regional plan, where applicable, shall, by ordinance, identify the means and time schedule by which air and water quality standards will be attained.

(e) Except for the Regional Transportation Plan of the California Tahoe Regional Planning Agency, the regional plan, ordinances, rules and regulations adopted by the California Tahoe Regional Planning Agency in effect on July 1, 1980, shall be the regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency for that portion of the Tahoe region located in the State of California. Such plan, ordinance, rule or regulation may be amended or repealed by the governing body of the agency. The plans, ordinances, rules and regulations of the Tahoe Regional Planning Agency that do not conflict with, or are not addressed by, the California Tahoe Regional Planning Agencys plans, ordinances, rules and regulations referred to in this subdivision shall continue to be applicable unless amended or repealed by the governing body of the agency. No provision of the regional plan, ordinances, rules and regulations of the California Tahoe Regional Planning Agency referred to in this subdivision shall apply to that portion of the region within the State of Nevada, unless such provision is adopted for the Nevada portion of the region by the governing body of the agency.

(f) The regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency apply to that portion of the region within the State of Nevada.

(g) The agency shall adopt ordinances prescribing specific written findings that the agency must make prior to approving any project in the region. These findings shall relate to environmental protection and shall insure that the project under review will not adversely affect implementation of the regional plan and will not cause the adopted environmental threshold carrying capacities of the region to be exceeded.

(h) The agency shall maintain the data, maps and other information developed in the course of formulating and administering the regional plan, in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other agencies of government and by private organizations and individuals concerned.

(i) Where necessary for the realization of the regional plan, the agency may engage in collaborative planning with local governmental jurisdictions located outside the region, but contiguous to its boundaries. In formulating and implementing the regional plan, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private persons.

ARTICLE VI. Agencys Powers

(a) The governing body shall adopt all necessary ordinances, rules, and regulations to effectuate the adopted regional plan. Except as otherwise provided in this compact, every such ordinance, rule or regulation shall establish a minimum standard applicable throughout the region. Any political subdivision or public agency may adopt and enforce an equal or higher requirement applicable to the same subject of regulation in its territory. The regulations of the agency shall contain standards including but not limited to the following: water purity and clarity; subdivision; zoning; tree removal; solid waste disposal; sewage disposal; land fills, excavations, cuts and grading; piers, harbors, breakwaters or channels and other shoreline developments; waste disposal in shoreline areas; waste disposal from boats; mobile-home parks; house relocation; outdoor advertising; floodplain protection; soil and sedimentation control; air pollution; and watershed protection. Whenever possible without diminishing the effectiveness of the regional plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective states, counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the regional plan.

The agency shall prescribe by ordinance those activities which it has determined will not have substantial effect on the land, water, air, space or any other natural resources in the region and therefore will be exempt from its review and approval.

Every ordinance adopted by the agency shall be published at least once by title in a newspaper or combination of newspapers whose circulation is general throughout the region. Except an ordinance adopting or amending the regional plan, no ordinance shall become effective until 60 days after its adoption. Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having territory within the region.

(b) No project other than those to be reviewed and approved under the special provisions of subdivisions (d), (e), (f) and (g) may be developed in the region without obtaining the review and approval of the agency and no project may be approved unless it is found to comply with the regional plan and with the ordinances, rules and regulations enacted pursuant to subdivision (a) to effectuate that plan.

The agency may approve a project in the region only after making the written findings required by this subdivision or subdivision (g) of Article V. Such findings shall be based on substantial evidence in the record.

Before adoption by the agency of the ordinances required in subdivision (g) of Article V, the agency may approve a project in the region only after making written findings on the basis of substantial evidence in the record that the project is consistent with the regional plan then in effect and with applicable plans, ordinances, regulations, and standards of federal and state agencies relating to the protection, maintenance and enhancement of environmental quality in the region.

(c) The legislatures of the states of California and Nevada find that in order to make effective the regional plan as revised by the agency, it is necessary to halt temporarily works of development in the region which might otherwise absorb the entire capability of the region for further development or direct it out of harmony with the ultimate plan. Subject to the limitation provided in this subdivision, from the effective date of the amendments to this compact until the regional plan is amended pursuant to subdivision (c) of Article V, or until May 1, 1983, whichever is earlier:

(1) Except as otherwise provided in this paragraph, no new subdivision, planned unit development, or condominium project may be approved unless a complete tentative map or plan has been approved before the effective date of the amendments to this compact by all agencies having jurisdiction. The subdivision of land owned by a general improvement district, which existed and owned the land before the effective date of the amendments to this compact, may be approved if subdivision of the land is necessary to avoid insolvency of the district.

(2) Except as provided in paragraph (3), no apartment building may be erected unless the required permits for such building have been secured from all agencies having jurisdiction, prior to the effective date of the amendments to this compact.

(3) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize the construction of a greater number of new residential units within the region than were authorized within the region by building permits issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third of that number may be issued by each such city or county. For purposes of this paragraph a residential unit means either a single family residence or an individual residential unit within a larger building, such as an apartment building, a duplex or a condominium.

The legislatures find the respective numbers of residential units authorized within the region during the calendar year 1978 to be as follows:

City of South Lake Tahoe and El Dorado County (combined)............ 252
Placer County................................................................................................ 278
Carson City.................................................................................................... -0-
Douglas County............................................................................................ 339
Washoe County............................................................................................ 739

(4) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize construction of a greater square footage of new commercial buildings within the region than were authorized within the region by building permits for commercial purposes issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third the amount of that square footage may be issued by each such city or county.

The legislatures find the respective square footages of commercial buildings authorized within the region during calendar year 1978 to be as follows:

City of South Lake Tahoe and El Dorado County (combined)............ 64,324
Placer County................................................................................................ 23,000
Carson City.................................................................................................... -0-
Douglas County............................................................................................ 57,354
Washoe County............................................................................................ 50,600

(5) No structure may be erected to house gaming under a nonrestricted license.

(6) No facility for the treatment of sewage may be constructed or enlarged except:

(A) To comply, as ordered by the appropriate state agency for the control of water pollution, with existing limitations of effluent under the Clean Water Act, 33 U.S.C. §§ 1251 et seq., and the applicable state law for control of water pollution;

(B) To accommodate development which is not prohibited or limited by this subdivision; or

(C) In the case of Douglas County Lake Tahoe Sewer Authority, to modify or otherwise alter sewage treatment facilities existing on the effective date of the amendments to this compact so that such facilities will be able to treat the total volume of effluent for which they were originally designed, which is 3.0 million gallons per day. Such modification or alteration is not a project; is not subject to the requirements of Article VII; and does not require a permit from the agency. Before commencing such modification or alteration, however, the Authority shall submit to the agency its report identifying any significant soil erosion problems which may be caused by such modifications or alterations and the measures which the Authority proposes to take to mitigate or avoid such problems.

The moratorium imposed by this subdivision does not apply to work done pursuant to a right vested before the effective date of the amendments to this compact. Notwithstanding the expiration date of the moratorium imposed by this subdivision, no new highway may be built or existing highway widened to accommodate additional continuous lanes for automobiles until the regional transportation plan is revised and adopted.

The moratorium imposed by this subdivision does not apply to the construction of any parking garage which has been approved by the agency prior to May 4, 1979, whether that approval was affirmative or by default. The provisions of this paragraph are not an expression of legislative intent that any such parking garage, the approval of which is the subject of litigation which was pending on the effective date of the amendments to this compact, should or should not be constructed. The provisions of this paragraph are intended solely to permit construction of such a parking garage if a judgment sustaining the agencys approval to construct that parking garage has become final and no appeal is pending or may lawfully be taken to a higher court.

(d) Subject to the final order of any court of competent jurisdiction entered in litigation contesting the validity of an approval by the Tahoe Regional Planning Agency, whether that approval was affirmative or by default, if that litigation was pending on May 4, 1979, the agency and the states of California and Nevada shall recognize as a permitted and conforming use:

(1) Every structure housing gaming under a nonrestricted license which existed as a licensed gaming establishment on May 4, 1979, or whose construction was approved by the Tahoe Regional Planning Agency affirmatively or deemed approved before that date. The construction or use of any structure to house gaming under a nonrestricted license not so existing or approved, or the enlargement in cubic volume of any such existing or approved structure is prohibited.

(2) Every other nonrestricted gaming establishment whose use was seasonal and whose license was issued before May 4, 1979, for the same season and for the number and type of games and slot machines on which taxes or fees were paid in the calendar year 1978.

(3) Gaming conducted pursuant to a restricted gaming license issued before May 4, 1979, to the extent permitted by that license on that date.

Ê The area within any structure housing gaming under a nonrestricted license which may be open to public use (as distinct from that devoted to the private use of guests and exclusive of any parking area) is limited to the area existing or approved for public use on May 4, 1979. Within these limits, any external modification of the structure which requires a permit from a local government also requires approval from the agency. The agency shall not permit restaurants, convention facilities, showrooms or other public areas to be constructed elsewhere in the region outside the structure in order to replace areas existing or approved for public use on May 4, 1979.

(e) Any structure housing licensed gaming may be rebuilt or replaced to a size not to exceed the cubic volume, height and land coverage existing or approved on May 4, 1979, without the review or approval of the agency or any planning or regulatory authority of the State of Nevada whose review or approval would be required for a new structure.

(f) The following provisions apply to any internal or external modification, remodeling, change in use, or repair of a structure housing gaming under a nonrestricted license which is not prohibited by Article VI (d):

(1) The agencys review of an external modification of the structure which requires a permit from a local government is limited to determining whether the external modification will do any of the following:

(A) Enlarge the cubic volume of the structure;

(B) Increase the total square footage of area open to or approved for public use on May 4, 1979;

(D) Increase the public area open to public use which is used for gaming beyond the limits contained in paragraph (3); and

(E) Conflict with or be subject to the provisions of any of the agencys ordinances that are generally applicable throughout the region.

Ê The agency shall make this determination within 60 days after the proposal is delivered to the agency in compliance with the agencys rules or regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If an external modification is determined to have any of the effects enumerated in subparagraphs (A) through (C), it is prohibited. If an external modification is determined to have any of the effects enumerated in subparagraph (D) or (E), it is subject to the applicable provisions of this compact. If an external modification is determined to have no such effect, it is not subject to the provisions of this compact.

(2) Except as provided in paragraph (3), internal modification, remodeling, change in use or repair of a structure housing gaming under a nonrestricted license is not a project and does not require the review or approval of the agency.

(3) Internal modification, remodeling, change in use or repair of areas open to public use within a structure housing gaming under a nonrestricted license which alone or in combination with any other such modification, remodeling, change in use or repair will increase the total portion of those areas which is actually used for gaming by more than the product of the total base area, as defined below, in square feet existing on or approved before August 4, 1980, multiplied by 15 percent constitutes a project and is subject to all of the provisions of this compact relating to projects. For purposes of this paragraph and the determination required by Article VI (g), base area means all of the area within a structure housing gaming under a nonrestricted license which may be open to public use, whether or not gaming is actually conducted or carried on in that area, except retail stores, convention centers and meeting rooms, administrative offices, kitchens, maintenance and storage areas, rest rooms, engineering and mechanical rooms, accounting rooms and counting rooms.

(g) In order to administer and enforce the provisions of paragraphs (d), (e) and (f) the State of Nevada, through its appropriate planning or regulatory agency, shall require the owner or licensee of a structure housing gaming under a nonrestricted license to provide:

(1) Documents containing sufficient information for the Nevada agency to establish the following relative to the structure:

(A) The location of its external walls;

(B) Its total cubic volume;

(C) Within its external walls, the area in square feet open or approved for public use and the area in square feet devoted to or approved for the private use of guests on May 4, 1979;

(D) The amount of surface area of land under the structure; and

(E) The base area as defined in paragraph (f)(3) in square feet existing on or approved before August 4, 1980.

(2) An informational report whenever any internal modification, remodeling, change in use, or repair will increase the total portion of the areas open to public use which is used for gaming.

The Nevada agency shall transmit this information to the Tahoe Regional Planning Agency.

(h) Gaming conducted pursuant to a restricted gaming license is exempt from review by the agency if it is incidental to the primary use of the premises.

(i) The provisions of subdivisions (d) and (e) are intended only to limit gaming and related activities as conducted within a gaming establishment, or construction designed to permit the enlargement of such activities, and not to limit any other use of property zoned for commercial use or the accommodation of tourists, as approved by the agency.

(j) Legal actions arising out of or alleging a violation of the provisions of this compact, of the regional plan or of an ordinance or regulation of the agency or of a permit or a condition of a permit issued by the agency are governed by the following provisions:

(1) This subdivision applies to:

(A) Actions arising out of activities directly undertaken by the agency.

(B) Actions arising out of the issuance to a person of a lease, permit, license or other entitlement for use by the agency.

Ê Such legal actions may be filed and the provisions of this subdivision apply equally in the appropriate courts of California and Nevada and of the United States.

(2) Venue lies:

(A) If a civil or criminal action challenges an activity by the agency or any person which is undertaken or to be undertaken upon a parcel of real property, in the state or federal judicial district where the real property is situated.

(B) If an action challenges an activity which does not involve a specific parcel of land (such as an action challenging an ordinance of the agency), in any state or federal court having jurisdiction within the region.

(3) Any aggrieved person may file an action in an appropriate court of the State of California or Nevada or of the United States alleging n

NRS 278.02081

NRS

278.02081

Mandatory consideration of certain standards and guidelines if governing body establishes committee or task force on sustainable energy.

If a governing body establishes a committee or task force on sustainable energy, the committee or task force shall consider:

Standards for the efficient use of water;
Standards for the efficient use of energy, including, without limitation, the use of sources of renewable energy;
Performance guidelines for new, remodeled and renovated buildings; and
Performance guidelines for retrofit projects,

Ê including, without limitation, energy consumption, use of potable water, use of water for landscaping purposes and solid waste disposal.

(Added to NRS by 2005, 22nd Special Session, 69 )

NRS 278.02083

NRS

278.02083

Prohibition against restricting right of owner to display United States flag on real property; limitations; recovery of attorneys fees and costs in action for enforcement.

Except as otherwise provided in subsection 2:

(a) A governing body shall not adopt an ordinance, regulation or plan or take any other action that prohibits an owner of real property from engaging in the display of the flag of the United States on his or her property.

(b) Any covenant, condition or restriction contained in a deed, contract or other legal instrument which affects the transfer, sale or any other interest in real property that prohibits the owner of the property from engaging in the display of the flag of the United States on his or her property is void and unenforceable.

The provisions of this section do not:

(a) Apply to the display of the flag of the United States for commercial advertising purposes.

(b) Preclude a governing body from imposing reasonable restrictions as to the time, place and manner of display of the flag of the United States if the governing body determines that such restrictions are necessary to protect the health, safety or welfare of the public. For the purposes of this paragraph, reasonable restrictions as to the time, place and manner of display of the flag of the United States may include, without limitation, reasonable restrictions as to height and setback.

In any action commenced to enforce the provisions of this section, the prevailing party is entitled to recover reasonable attorneys fees and costs.
As used in this section, display of the flag of the United States means a flag of the United States that is:

(a) Made of cloth, fabric or paper;

(b) Displayed from a pole or staff or in a window; and

(Added to NRS by 2003, 2965 )

NRS 278.0211

NRS

278.0211

Standards and specifications relating to school buildings in certain counties to be consistent and developed in conjunction with school district.

In a county whose population is 100,000 or more but less than 700,000, the standards and specifications for the erection of any new school building or for any addition to or alteration of an existing school building in any ordinance relating to zoning adopted or amended by the governing body of the county and the governing body of any city in the county which address the height of the building, the setback of the building, the landscaping and the amount of parking space must be:

Consistent in all such ordinances; and
Developed in conjunction with the school district of that county.

(Added to NRS by 2013, 1372 )

NRS 278.160

NRS

278.160

Elements of master plan.

Except as otherwise provided in this section and NRS 278.150 and 278.170 , the master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following elements or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:

(a) A conservation element, which must include:

(1) A conservation plan for the conservation, development and utilization of natural resources, including, without limitation, water and its hydraulic force, underground water, water supply, solar or wind energy, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The conservation plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The conservation plan must also indicate the maximum tolerable level of air pollution.

(2) A solid waste disposal plan showing general plans for the disposal of solid waste.

(b) A historic preservation element, which must include:

(1) A historic neighborhood preservation plan which:

(I) Must include, without limitation, a plan to inventory historic neighborhoods and a statement of goals and methods to encourage the preservation of historic neighborhoods.

(II) May include, without limitation, the creation of a commission to monitor and promote the preservation of historic neighborhoods.

(2) A historical properties preservation plan setting forth an inventory of significant historical, archaeological, paleontological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.

(1) An inventory of housing conditions and needs, and plans and procedures for improving housing standards and providing adequate housing to individuals and families in the community, regardless of income level.

(2) An inventory of existing affordable housing in the community, including, without limitation, housing that is available to rent or own, housing that is subsidized either directly or indirectly by this State, an agency or political subdivision of this State, or the Federal Government or an agency of the Federal Government, and housing that is accessible to persons with disabilities.

(3) An analysis of projected growth and the demographic characteristics of the community.

(4) A determination of the present and prospective need for affordable housing in the community.

(5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.

(6) An analysis of the characteristics of the land that is suitable for residential development. The analysis must include, without limitation:

(I) A determination of whether the existing infrastructure is sufficient to sustain the current needs and projected growth of the community; and

(II) An inventory of available parcels that are suitable for residential development and any zoning, environmental and other land-use planning restrictions that affect such parcels.

(7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.

(8) A plan for maintaining and developing affordable housing to meet the housing needs of the community for a period of at least 5 years.

(d) A land use element, which must include:

(1) Provisions concerning community design, including standards and principles governing the subdivision of land and suggestive patterns for community design and development.

(2) A land use plan, including an inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan:

(I) Must, if applicable, address mixed-use development, transit-oriented development, master-planned communities and gaming enterprise districts. The land use plan must also, if applicable, address the coordination and compatibility of land uses with any military installation in the city, county or region, taking into account the location, purpose and stated mission of the military installation.

(II) May include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355 .

(3) In any county whose population is 700,000 or more, a rural neighborhoods preservation plan showing general plans to preserve the character and density of rural neighborhoods.

(e) A public facilities and services element, which must include:

(1) An economic plan showing recommended schedules for the allocation and expenditure of public money to provide for the economical and timely execution of the various components of the plan.

(2) A population plan setting forth an estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.

(3) An aboveground utility plan that shows corridors designated for the construction of aboveground utilities and complies with the provisions of NRS 278.165 .

(4) Provisions concerning public buildings showing the locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.

(5) Provisions concerning public services and facilities showing general plans for sewage, drainage and utilities, and rights-of-way, easements and facilities therefor, including, without limitation, any utility projects required to be reported pursuant to NRS 278.145 . If a public utility which provides electric service notifies the planning commission that a new transmission line or substation will be required to support the master plan, those facilities must be included in the master plan. The utility is not required to obtain an easement for any such transmission line as a prerequisite to the inclusion of the transmission line in the master plan.

(6) A school facilities plan showing the general locations of current and future school facilities based upon information furnished by the appropriate county school district.

(f) A recreation and open space element, which must include a recreation plan showing a comprehensive system of recreation areas, including, without limitation, natural reservations, parks, parkways, trails, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.

(g) A safety element, which must include:

(1) In any county whose population is 700,000 or more, a safety plan identifying potential types of natural and man-made hazards, including, without limitation, hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The safety plan may set forth policies for avoiding or minimizing the risks from those hazards.

(2) A seismic safety plan consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.

(h) A transportation element, which must include:

(1) A streets and highways plan showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.

(2) A transit plan showing a proposed multimodal system of transit lines, including mass transit, streetcar, motorcoach and trolley coach lines, paths for bicycles and pedestrians, satellite parking and related facilities.

(3) A transportation plan showing a comprehensive transportation system, including, without limitation, locations of rights-of-way, terminals, viaducts and grade separations. The transportation plan may also include port, harbor, aviation and related facilities.

(i) An urban agricultural element, which must include a plan to inventory any vacant lands or other real property owned by the city or county and blighted land in the city or county to determine whether such lands are suitable for urban farming and gardening. The plan to inventory any vacant lands or other real property may include, without limitation, any other real property in the city or county, as deemed appropriate by the commission.

The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other elements as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630 , inclusive, prohibits the preparation and adoption of any such element as a part of the master plan.

[Part 8:110:1941; A 1947, 834 ; 1943 NCL § 5063.07]—(NRS A 1973, 141 , 1242 ,

1825 ;

1989, 149 ; 1991, 954 , 1402 ;

1995, 2226 ; 1997, 3249 ; 1999, 2471 , 3367 ;

2001, 742 , 1680 ;

2005, 1589 , 1820 ;

2007, 343 , 1518 ;

2009, 379 , 2761 ;

2011, 1183 ; 2013, 1499 , 3220 ;

2015, 316 ; 2017, 1354 , 2046 ;

2021, 1984 )

NRS 278.348

NRS

278.348

Review of tentative map by irrigation district in county whose population is less than 100,000.

In any county whose population is less than 100,000, when any subdivider proposes to subdivide land, any part of which is located within the boundaries of any irrigation district organized pursuant to chapter 539 of NRS, the planning commission or its designated representative, or, if there is no planning commission, the clerk or other designated representative of the governing body shall file a copy of the subdividers tentative map with the board of directors of the district. The board of directors shall within 30 days review and comment in writing upon the map to the planning commission or governing body. The planning commission or governing body shall take those comments into consideration before approving the tentative map.

(Added to NRS by 1987, 1391 ; A 1993, 2564 )

NRS 278.3485

NRS

278.3485

Review of tentative map for subdivision of land containing irrigation ditch located outside irrigation district in county whose population is less than 100,000.

In any county whose population is less than 100,000, when any subdivider proposes to subdivide land which is located outside the boundaries of any irrigation district organized pursuant to chapter 539 of NRS on which an irrigation ditch is located, the planning commission or its designated representative, or if there is no planning commission, the clerk or other designated representative of the governing body, shall forward a copy of the subdividers tentative map, by certified or registered mail, to the last known address of the owner of record of any land to which the irrigation ditch is appurtenant that is on file in the office of the county assessor pursuant to this section. An owner of record who receives a copy of a subdividers tentative map shall, within 30 days after receiving the map, review and comment in writing upon the map to the planning commission or governing body. The planning commission or governing body shall take those comments into consideration before approving the tentative map.
A subdivider whose tentative map is provided to an owner of record pursuant to this section is responsible for any costs incurred by the planning commission or its designated representative, or by the clerk or other designated representative of the governing body, in identifying the owner of record and providing a copy of the tentative map to the owner of record.

(Added to NRS by 2003, 974 )

NRS 278.4713

NRS

278.4713

Preparation, contents and filing of tentative map; affidavit required.

Unless the filing of a tentative map is waived, a person who proposes to make a division of land pursuant to NRS 278.471 to 278.4725 , inclusive, must first:

(a) File a tentative map for the area in which the land is located with the planning commission or its designated representative or with the clerk of the governing body if there is no planning commission;

(b) Submit an affidavit stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection 1 of NRS 598.0923 , if applicable, by the person who proposes to make a division of land or any successor in interest; and

This map must be:

(a) Entitled Tentative Map of Division into Large Parcels; and

(b) Prepared and certified by a professional land surveyor.

This map must show:

(a) The approximate, calculated or actual acreage of each lot and the total acreage of the land to be divided.

(b) Any roads or easements of access which exist, are proposed in the applicable master plan or are proposed by the person who intends to divide the land.

(c) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide gas, electric and telecommunications services and for any video service providers that are authorized pursuant to chapter 711 of NRS to operate a video service network in that area.

(d) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide water and sewer services.

(e) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.

(f) An indication of any existing road or easement which the owner does not intend to dedicate.

(g) The name and address of the owner of the land.

The planning commission and the governing body or its authorized representative shall not approve the tentative map unless the person proposing to divide the land has submitted an affidavit stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection 1 of NRS 598.0923 , if applicable, by the person proposing to divide the land or any successor in interest.

(Added to NRS by 1979, 1504 ; A 1989, 794 ; 1993, 2574 ; 1997, 2429 ; 1999, 895 ; 2003, 2347 ; 2007, 1381 ; 2009, 1117 ; 2021, 1359 )

NRS 278.472

NRS

278.472

Final map: Filing; form and contents.

After the planning commission or the governing body or its authorized representative has approved the tentative map or waived the requirement of its filing, or 60 days after the date of its filing, whichever is earlier, the person who proposes to divide the land may file a final map of the division with the governing body or its authorized representative or, if authorized by the governing body, with the planning commission. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
This map must be:

(a) Entitled Map of Division into Large Parcels.

(b) Filed with the governing body or its authorized representative or, if authorized by the governing body, with the planning commission not later than 1 year after the date that the tentative map was first filed with the planning commission or the governing body or its authorized representative or that the requirement of its filing was waived.

(d) Based upon an actual survey by the preparer and show the date of the survey and contain the certificate of the surveyor required pursuant to NRS 278.375 .

(e) Clearly and legibly drawn in permanent black ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for this purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with permanent black ink.

(f) Twenty-four by 32 inches in size with a marginal line drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom, and right edges, and of 2 inches at the left edge along the 24-inch dimension.

(g) Of scale large enough to show clearly all details.

The particular number of the sheet and the total number of sheets comprising the map must be stated on each of the sheets, and its relation to each adjoining sheet must be clearly shown.
This map must show and define:

(a) All subdivision lots by the number and actual acreage of each lot.

(b) Any roads or easements of access which exist and which the owner intends to offer for dedication, any roads or easements of access which are shown on the applicable master plan and any roads or easements of access which are specially required by the planning commission or the governing body or its authorized representative.

(d) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide water and sewer services.

(e) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.

(Added to NRS by 1979, 1505 ; A 1989, 502 , 795 ;

1991, 280 , 1384 ;

1993, 2575 ; 1997, 2430 ; 2003, 2348 ; 2007, 1382 )

NRS 278.4781

NRS

278.4781

Landscaping defined.

Landscaping means trees, shrubs, grass and other ornamentation, whether or not natural or artificial, located:

(a) On the perimeter of a development or subdivision.

(b) On a median strip on the perimeter of a development or subdivision.

The term includes drainage necessary for the maintenance of the landscaping described in subsection 1.

(Added to NRS by 1997, 3009 ; A 2001, 744 )

NRS 278.4787

NRS

278.4787

Assumption of maintenance by governing body.

Except as otherwise provided in subsection 5, a person who proposes to divide land for transfer or development into four or more lots pursuant to NRS 278.360 to 278.460 , inclusive, or chapter 278A of NRS, may, in lieu of providing for the creation of an association for a common-interest community, request the governing body of the jurisdiction in which the land is located to assume the maintenance of one or more of the following improvements located on the land:

(a) Landscaping;

(b) Public lighting;

(d) Trails, parks and open space which provide a substantial public benefit or which are required by the governing body for the primary use of the public.

A governing body shall establish by ordinance a procedure pursuant to which a request may be submitted pursuant to subsection 1 in the form of a petition, which must be signed by a majority of the owners whose property will be assessed and which must set forth descriptions of all tracts of land or residential units that would be subject to such an assessment.
The governing body may by ordinance designate a person to approve or disapprove a petition submitted pursuant to this section. If the governing body adopts such an ordinance, the ordinance must provide, without limitation:

(a) Procedures pursuant to which the petition must be reviewed to determine whether it would be desirable for the governing body to assume the maintenance of the proposed improvements.

(b) Procedures for the establishment of a maintenance district or unit of assessment.

(1) Determining the relative proportions in which the assumption of the maintenance of the proposed improvements by the governing body will:

(I) Benefit the development or subdivision in which the improvements are located; and

(II) Benefit the public;

(2) Assessing the tracts of land or residential units in the development or subdivision to pay the costs that will be incurred by the governing body in assuming the maintenance of the proposed improvements, in the proportion that such maintenance will benefit the development or subdivision in which the improvements are located; and

(3) Allocating an amount of public money to pay the costs that will be incurred by the governing body in assuming the maintenance of the proposed improvements, in the proportion that such maintenance will benefit the public.

(d) Procedures for a petitioner or other aggrieved person to appeal to the governing body a decision of the person designated by the governing body by ordinance adopted pursuant to this subsection to approve or disapprove a petition.

If the governing body does not designate by an ordinance adopted pursuant to subsection 3 a person to approve or disapprove a petition, the governing body shall, after receipt of a complete petition submitted at least 120 days before the approval of the final map for the land, hold a public hearing at least 90 days before the approval of the final map for the land, unless otherwise waived by the governing body, to determine the desirability of assuming the maintenance of the proposed improvements. If the governing body determines that it would be undesirable for the governing body to assume the maintenance of the proposed improvements, the governing body shall specify for the record its reasons for that determination. If the governing body determines that it would be desirable for the governing body to assume the maintenance of the proposed improvements, the governing body shall by ordinance:

(a) Determine the relative proportions in which the assumption of the maintenance of the proposed improvements by the governing body will:

(1) Benefit the development or subdivision in which the improvements are located; and

(2) Benefit the public.

(b) Create a maintenance district or unit of assessment consisting of the tracts of land or residential units set forth in the petition or include the tracts of land or residential units set forth in the petition in an existing maintenance district or unit of assessment.

(c) Establish the method or, if the tracts or units are included within an existing maintenance district or unit of assessment, apply an existing method for determining:

(1) The amount of an assessment to pay the costs that will be incurred by the governing body in assuming the maintenance of the proposed improvements. The amount of the assessment must be determined in accordance with the proportion to which such maintenance will benefit the development or subdivision in which the improvements are located.

(2) The time and manner of payment of the assessment.

(d) Provide that the assessment constitutes a lien upon the tracts of land or residential units within the maintenance district or unit of assessment. The lien must be executed, and has the same priority, as a lien for property taxes.

(e) Prescribe the levels of maintenance to be provided.

(f) Allocate to the cost of providing the maintenance the appropriate amount of public money to pay for that part of the maintenance which creates the public benefit.

(g) Address any other matters that the governing body determines to be relevant to the maintenance of the improvements, including, without limitation, matters relating to the ownership of the improvements and the land on which the improvements are located and any exposure to liability associated with the maintenance of the improvements.

If the governing body requires an owner of land to dedicate a tract of land as a trail identified in the recreation plan of the governing body adopted pursuant to NRS 278.160 , the governing body shall:

(a) Accept ownership of the tract; and

(b) Assume the maintenance of the tract and any other improvement located on the land that is authorized in subsection 1.

The governing body shall record, in the office of the county recorder for the county in which the tracts of land or residential units included in a petition approved pursuant to this section are located, a notice of the creation of the maintenance district or unit of assessment that is sufficient to advise the owners of the tracts of land or residential units that the tracts of land or residential units are subject to the assessment. The costs of recording the notice must be paid by the petitioner.
The provisions of this section apply retroactively to a development or subdivision with respect to which:

(a) An agreement or agreements between the owners of tracts of land within the development or subdivision and the developer allow for the provision of services in the manner set forth in this section; or

(b) The owners of affected tracts of land or residential units agree to dissolve the association for their common-interest community in accordance with the governing documents of the common-interest community upon approval by the governing body of a petition filed by the owners pursuant to this section.

(Added to NRS by 1997, 3009 ; A 2001, 744 ; 2009, 2767 ; 2013, 1508 )

NRS 278.4789

NRS

278.4789

Provision through association for common-interest community; notice of failure to maintain; hearings; remedies of governing body.

If a person who proposes to divide land for transfer or development into four or more lots pursuant to NRS 278.360 to 278.460 , inclusive, or chapter 278A of NRS, decides to provide for the maintenance of landscaping, public lighting or security walls, or any combination thereof, through an association for a common-interest community, the governing body of the jurisdiction in which the land is located may, as a condition of the approval of any final map related to the proposal for the transfer or development of the land, require the association to adopt a plan for the maintenance of the improvements located on the land. The plan must include the proposed level of maintenance to be provided.
If the association fails to maintain the improvements in the manner set forth in the plan, the governing body may serve written notice upon the association, setting forth the manner in which the association has failed to maintain the improvements. The notice must:

(a) Include a demand that the deficiencies of maintenance be cured within 30 days after receipt of the notice; and

(b) State the date, time and place of a hearing to be held regarding the deficiencies of maintenance. The hearing must be held within 14 days after the receipt of the notice.

Ê The governing body shall provide to each owner of an affected tract of land a copy of the notice served upon the association pursuant to this subsection.

At a hearing conducted pursuant to this section, the governing body may:

(a) Modify the terms of the original notice served pursuant to subsection 2; and

(b) Provide an extension of time within which the deficiencies of maintenance may be cured.

If the deficiencies in maintenance are not cured within 30 days after the receipt of the notice or any extension of time provided pursuant to subsection 3, the governing body or its authorized agent may:

(a) Enter the land on which the improvements are located and maintain the improvements for a period of not more than 1 year; and

(b) Assess the affected tracts of land to recover the cost of the maintenance.

Entry and maintenance authorized pursuant to subsection 4 does not authorize a member of the public to use the improvements unless the land on which the improvements are located has been dedicated to and accepted by the governing body.
Before the expiration of the period of maintenance required pursuant to subsection 4, the local government, on its own motion or upon request of the association, shall hold a public hearing at which the owners of the affected tracts of land and the association may show cause why the governing body or its authorized agent need not continue to maintain the improvements that are located on the affected tracts of land.
After a hearing conducted pursuant to subsection 6, the governing body shall determine whether the association is ready and able to maintain the improvements that are located on the affected tracts of land in the manner required by the plan. If the governing body determines that the association is ready and able to maintain the improvements, the governing body shall cease its maintenance of the affected tracts of land at the end of the period. If the governing body determines that the association is not ready and able to maintain the improvements, the governing body may continue the maintenance of the improvements located on the affected tracts of land during the next succeeding year, subject to a similar hearing and determination in each year thereafter.
Any decision made by the governing body pursuant to this section constitutes a final decision for the purpose of judicial review.

(Added to NRS by 1997, 3010 )

Vacation or Abandonment of Streets, Easements or Maps; Reversion of Divided Land

NRS 278.4983

NRS

278.4983

Residential construction tax.

The city council of any city or the board of county commissioners of any county which has adopted a master plan and recreation plan, as provided in this chapter, which includes, as a part of the plan, future or present sites for neighborhood parks may, by ordinance, impose a residential construction tax pursuant to this section.
If imposed, the residential construction tax must be imposed on the privilege of constructing apartment houses and residential dwelling units and developing mobile home lots in the respective cities and counties. The rate of the tax must not exceed:

(a) With respect to the construction of apartment houses and residential dwelling units, 1 percent of the valuation of each building permit issued or $1,000 per residential dwelling unit, whichever is less. For the purpose of the residential construction tax, the city council of the city or the board of county commissioners of the county shall adopt an ordinance basing the valuation of building permits on the actual costs of residential construction in the area.

(b) With respect to the development of mobile home lots, for each mobile home lot authorized by a lot development permit, 80 percent of the average residential construction tax paid per residential dwelling unit in the respective city or county during the calendar year next preceding the fiscal year in which the lot development permit is issued.

The purpose of the tax is to raise revenue to enable the cities and counties to provide neighborhood parks and facilities for parks which are required by the residents of those apartment houses, mobile homes and residences.
An ordinance enacted pursuant to subsection 1 must establish the procedures for collecting the tax, set its rate, and determine the purposes for which the tax is to be used, subject to the restrictions and standards provided in this chapter. The ordinance must, without limiting the general powers conferred in this chapter, also include:

(a) Provisions for the creation, in accordance with the applicable master plan, of park districts which would serve neighborhoods within the city or county.

(b) A provision for collecting the tax at the time of issuance of a building permit for the construction of any apartment houses or residential dwelling units, or a lot development permit for the development of mobile home lots.

All residential construction taxes collected pursuant to the provisions of this section and any ordinance enacted by a city council or board of county commissioners, and all interest accrued on the money, must be placed with the city treasurer or county treasurer in a special fund. Except as otherwise provided in subsection 6, the money in the fund may only be used for:

(a) The acquisition, improvement and expansion of neighborhood parks; or

(b) The installation or improvement of facilities in existing or neighborhood parks in the city or county,

Ê that are attributable to the new construction or development for which the money was collected. Money in the fund must be expended within the park district from which it was collected and must not be expended for maintenance or operational expenses.

If a neighborhood park has not been developed or facilities have not been installed in an existing park in the park district created to serve the neighborhood in which the subdivision or development is located within 3 years after the date on which 75 percent of the residential dwelling units authorized within that subdivision or development first became occupied, all money paid by the subdivider or developer, together with interest at the rate at which the city or county has invested the money in the fund, must be refunded to the owners of the lots in the subdivision or development at the time of the reversion on a pro rata basis.
The limitation of time established pursuant to subsection 6 is suspended for any period, not to exceed 1 year, during which this State or the Federal Government takes any action to protect the environment or an endangered species which prohibits, stops or delays the development of a park or installation of facilities.
For the purposes of this section:

(a) Facilities means turf, trees, irrigation, playground apparatus, playing fields, areas to be used for organized amateur sports, play areas, picnic areas, horseshoe pits and other recreational equipment or appurtenances designed to serve the natural persons, families and small groups from the neighborhood from which the tax was collected.

(b) Improvement of facilities means the expansion, modification, redesign, redevelopment or enhancement of existing facilities or the installation of new or additional facilities.

(c) Neighborhood park means a site not exceeding 25 acres, designed to serve the recreational and outdoor needs of natural persons, families and small groups.

(Added to NRS by 1973, 1449 ; A 1983, 1551 ; 1987, 1611 ; 1991, 299 ; 1999, 807 , 1689 ;

2015, 276 )

NRS 278.569

NRS

278.569

Reservation in map of right-of-way for existing irrigation ditch.

Each governing body shall require by ordinance that each:

Tentative map of a subdivision indicate the location of irrigation ditches and rights-of-way and easements for irrigation ditches.
Final map of a subdivision, parcel map or final map of a division of land into large parcels reserve a right-of-way for any existing irrigation ditch and its maintenance.

(Added to NRS by 1981, 196 ; A 1987, 1392 )

NRS 278.582

NRS

278.582

Standards for plumbing fixtures and landscape irrigation fixtures in certain structures; certification; compliance with federal law.

Each county and city shall include in its respective building code the requirements of this section. If a county or city has no building code, it shall adopt those requirements by ordinance and provide for their enforcement by its own officers or employees or through interlocal agreement by the officers or employees of another local government. Additionally, each county and city shall prohibit by ordinance the sale and installation of any plumbing fixture or landscape irrigation fixture which does not meet the standards made applicable for the respective county or city pursuant to this section.
Except as otherwise provided in subsection 7, each residential, commercial or industrial structure on which construction begins on or after March 1, 1992, and before March 1, 1993, and each existing residential, commercial or industrial structure which is expanded or renovated on or after March 1, 1992, and before March 1, 1993, must incorporate the following minimal standards for plumbing fixtures:

(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 3.5 gallons of water per flush.

(b) A shower apparatus which uses more than 3 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 3 gallons of water or less per minute.

(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 3 gallons per minute.

(d) A urinal which continually flows or flushes water must not be installed.

Except as otherwise provided in subsection 7, each residential, commercial or industrial structure on which construction begins on or after March 1, 1993, and before January 1, 2020, and each existing residential, commercial or industrial structure which is expanded or renovated on or after March 1, 1993, and before January 1, 2020, must incorporate the following minimal standards for plumbing fixtures:

(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 1.6 gallons of water per flush.

(b) A shower apparatus which uses more than 2.5 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 2.5 gallons of water or less per minute.

(c) A urinal which uses water must not be installed unless its consumption of water does not exceed 1 gallon of water per flush.

(d) A toilet or urinal which employs a timing device or other mechanism to flush periodically, irrespective of demand, must not be installed.

(e) A urinal which continually flows or flushes water must not be installed.

(f) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 2.5 gallons per minute.

(g) Each faucet installed in a public restroom must contain a mechanism which closes the faucet automatically after a predetermined amount of water has flowed through the faucet. Multiple faucets that are activated from a single point must not be installed.

Except as otherwise provided in subsection 7, each residential, commercial or industrial structure on which construction begins on or after January 1, 2020, and each existing residential, commercial or industrial structure which is expanded or renovated on or after January 1, 2020:

(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that has not been certified under the WaterSense program.

(b) If the WaterSense program has not developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that does not comply with any applicable requirements of federal law and the building code of the county or city.

Except as otherwise provided in subsection 7, each residential, commercial or industrial structure on which construction begins on or after January 1, 2024, and each existing residential, commercial or industrial structure which is expanded or renovated on or after January 1, 2024:

(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final product specification for an irrigation controller or spray sprinkler body, must not install any irrigation controller or spray sprinkler body that has not been certified under the WaterSense program.

(b) If the WaterSense program has not developed a final product specification for a type of irrigation controller or spray sprinkler body, must not install any irrigation controller or spray sprinkler body that does not comply with any applicable requirements of federal law and the building code of the county or city.

For the purposes of subsections 4 and 5:

(a) A plumbing fixture or landscape irrigation fixture is considered certified under the WaterSense program if the fixture has been:

(1) Tested by an accredited third-party certifying body or laboratory in accordance with the United States Environmental Protection Agencys WaterSense program or an analogous successor program;

(2) Certified by the certifying body or laboratory as meeting the performance and efficiency requirements of the WaterSense program or an analogous successor program; and

(3) Authorized by the WaterSense program or an analogous successor program to use the WaterSense label or the label of an analogous successor program.

(b) If the WaterSense program modifies the requirements for a plumbing fixture or landscape irrigation fixture to be certified under the WaterSense program, a plumbing fixture or landscape irrigation fixture that was certified under the previous requirements shall be deemed certified for use under the WaterSense program for a period of 12 months following the modification of the requirements for certification.

The requirements of this section:

(a) For the installation of certain plumbing fixtures do not apply to any portion of:

(1) An existing residential, commercial or industrial structure which is not being expanded or renovated; or

(2) An existing residential, commercial or industrial structure if the structure was constructed 50 years or more before the current year, regardless of whether that structure has been expanded or renovated since its original construction.

(b) Except as otherwise provided in federal law, do not prohibit the governing body of a county or city from adopting more stringent requirements for plumbing fixtures or landscape irrigation fixtures.

(Added to NRS by 1991, 1166 ; A 2019, 2100 ; 2023, 1271 )

NRS 278.813

NRS

278.813

Ordinances, rules and regulations; general and regional standards. [Effective upon the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers.]

The governing body shall adopt all necessary ordinances, rules, regulations and policies to effectuate the adopted regional plan. Every such ordinance, rule or regulation must establish a minimum standard applicable throughout the region, and any political subdivision may adopt and enforce an equal or higher standard applicable to the same subject of regulation in its territory.
The regulations must contain general, regional standards, including but not limited to the following:

(a) Water purity and clarity;

(b) Subdivision;

(d) Tree removal;

(e) Disposal of solid waste;

(f) Sewage disposal;

(g) Landfills, excavations, cuts and grading;

(h) Piers, harbors, breakwaters, channels and other shoreline developments;

(i) Waste disposal in shoreline areas;

(j) Waste disposal from boats;

(k) Mobile home parks;

(l) House relocation;

(m) Outdoor advertising;

(n) Protection of floodplains;

(o) Protection of soil and control of sedimentation;

(p) Air pollution; and

(q) Watershed protection.

Whenever possible without diminishing the effectiveness of the regional plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the regional plan.

(Added to NRS by 1979, 1132 , effective upon the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers; A 2011, 3739 ; 2013, 2367 )

NRS 279.519

NRS

279.519

Areas acceptable for designation as redevelopment areas; percentage of redevelopment area required to be improved land; requirements for boundaries of certain redevelopment areas; inclusion of taxable property in redevelopment area.

A redevelopment area need not be restricted to buildings, improvements or lands which are detrimental or inimical to the public health, safety or welfare, but may consist of an area in which such conditions predominate and injuriously affect the entire area. A redevelopment area may include, in addition to blighted areas, lands, buildings or improvements which are not detrimental to the public health, safety or welfare, but whose inclusion is found necessary for the effective redevelopment of the area of which they are a part.
At least 75 percent of the area included within a redevelopment area must be improved land and may include, without limitation:

(a) Public land upon which public buildings have been erected or improvements have been constructed.

(b) Land on which an abandoned mine, landfill or other similar use is located and which is surrounded by or directly abuts the improved land.

The area included within a redevelopment area may be contiguous or noncontiguous.
If the subject of the redevelopment is an eligible railroad or facilities related to an eligible railroad, the area included within a redevelopment area may consist of contiguous or noncontiguous vacant land that:

(a) Is located near the eligible railroad; and

(b) May accommodate commercial or industrial facilities that may use the eligible railroad.

The boundaries of a redevelopment area created after July 1, 2017, and of each area of land added to a redevelopment area by an amendment adopted pursuant to NRS 279.608 after July 1, 2017, must:

(a) Follow visible ground features or extensions of visible ground features, except where the boundary coincides with the official boundary of the State or a county or city; and

(b) Except to the extent of physical or political boundaries, be regular in shape.

A redevelopment area must include all taxable property within the area except for property which is taxable pursuant to NRS 361.157 or which must be excluded pursuant to subsection 7.
The taxable property in a redevelopment area must not be included in any subsequently created redevelopment area until at least 50 years after the effective date of creation of the first redevelopment area in which the property was included.
As used in this section:

(a) Improved land means:

(1) Land that contains structures which:

(I) Are used for residential, commercial, industrial or governmental purposes; and

(II) Have been connected to water facilities, sewer facilities or roads, or any combination thereof;

(2) Any areas related to the structures described in subparagraph (1), including, without limitation, landscaping areas, parking areas, parks and streets; and

(3) If the subject of the redevelopment is an eligible railroad or facilities related to an eligible railroad:

(I) Land on which the eligible railroad is located; and

(II) Any areas related to the eligible railroad, including, without limitation, land on which is located railroad tracks, a railroad right-of-way or a facility related to the eligible railroad.

(b) Visible ground feature includes, without limitation, a street, road, highway, river, stream, shoreline, drainage ditch, railroad right-of-way or any other physical feature which is clearly visible from the ground.

(Added to NRS by 1985, 2067 ; A 1987, 1683 ; 1999, 1090 ; 2005, 2216 ; 2017, 3418 )

NRS 281.055

NRS

281.055

Prohibition against filing for or holding more than one elective office at same time; exceptions.

Except as otherwise provided in subsection 2, no person may:

(a) File nomination papers for more than one elective office at any election.

(b) Hold more than one elective office at the same time.

The provisions of subsection 1 shall not be construed to prevent any person from filing nomination papers for or holding an elective office of any special district (other than a school district), such as an irrigation district, a local or general improvement district, a soil conservation district or a fire protection district, and at the same time filing nomination papers for or holding an elective office of the State, or any political subdivision or municipal corporation thereof.

(Added to NRS by 1961, 299 ; A 1965, 169 )

NRS 281.755

NRS

281.755

Duties of public body concerning rights of employees to express breast milk under certain circumstances.

Except as otherwise provided in subsections 2 and 5, a public body shall provide an employee who is the mother of a child under 1 year of age with:

(a) Reasonable break time, with or without compensation, for the employee to express breast milk as needed; and

(b) A place, other than a bathroom, that is reasonably free from dirt or pollution, protected from the view of others and free from intrusion by others where the employee may express breast milk.

If the public body determines that complying with the provisions of subsection 1 will cause an undue hardship considering the size, financial resources, nature and structure of the public body, the public body may meet with the employee to agree upon a reasonable alternative. If the parties are not able to reach an agreement, the public body may require the employee to accept a reasonable alternative selected by the public body and the employee may appeal the decision by filing a complaint in the manner set forth in subsection 4.
An officer or agent of a public body shall not retaliate, or direct or encourage another person to retaliate, against an employee of the public body because the employee has:

(a) Taken break time or used the space provided pursuant to subsection 1 or 2 to express breast milk; or

(b) Taken any action to require the public body to comply with the requirements of this section, including, without limitation, filing a complaint, testifying, assisting or participating in any manner in an investigation, proceeding or hearing to enforce the provisions of this section.

An employee who is aggrieved by the failure of a public body to comply with the provisions of this section may:

(a) If the employee is employed by the Executive Department of State Government, is not an employee of an entity described in NRS 284.013 and is not an employee in a bargaining unit pursuant to NRS 288.400 to 288.630 , inclusive, file a complaint with the Employee-Management Committee in accordance with the procedures provided pursuant to NRS 284.384 ;

(b) If the employee is employed by the Legislative Department of State Government, file a complaint with the Director of the Legislative Counsel Bureau;

(c) If the employee is employed by the Judicial Department of State Government, file a complaint with the Court Administrator; and

(d) If the employee is employed by a political subdivision of this State or any public or quasi-public corporation organized under the laws of this State or if the employee is employed by the Executive Department of State Government and is an employee in a bargaining unit pursuant to NRS 288.400 to 288.630 , inclusive, file a complaint with the Government Employee-Management Relations Board in the manner set forth in NRS 288.115 .

The requirements of this section do not apply to the Department of Corrections. The Department is encouraged to comply with the provisions of this section to the extent practicable.
As used in this section, public body means:

(a) The State of Nevada, or any agency, instrumentality or corporation thereof;

(b) The Nevada System of Higher Education; or

(c) Any political subdivision of this State or any public or quasi-public corporation organized under the laws of this State, including, without limitation, counties, cities, unincorporated towns, school districts, charter schools, hospital districts, irrigation districts and other special districts.

(Added to NRS by 2017, 1427 ; A 2019, 3726 )

CERTAIN COUNSELING AND INFORMATION FOR CERTAIN PERSONNEL

NRS 282.290

NRS

282.290

Faith of State pledged; consent of State to suit on bond; restitution.

The faith of the State is pledged to the provisions of all surety bonds which have been issued or undertaken under the provisions of chapter 193, Statutes of Nevada 1937, as amended, which established the bond trust fund, and the State consents to suit against it on such bonds. In cases of loss to a county, township, incorporated city or irrigation district, under circumstances upon which its surety bonds are conditioned, the State is charged with the responsibility of making restitution to any funds suffering loss up to the full amount specified in the surety bond.

[6:193:1937; 1931 NCL § 4915.26]—(NRS A 1959, 836 ; 1975, 342 )

NRS 282.330

NRS

282.330

Certain officers to report losses to State Board of Examiners; investigations; procedure for restitution.

Losses to counties which occur from defalcation, misappropriation or negligent loss of public money or from failure faithfully to perform the duties of office on the part of a county or township officer or employee must be reported by the district attorney of that county to the State Board of Examiners.
Losses to cities which occur from defalcation, misappropriation or negligent loss of public money or from failure faithfully to perform the duties of office on the part of a city officer or employee must be reported by the city attorney of that city to the State Board of Examiners.
In the case of the State, any losses must be reported to the State Board of Examiners by the Attorney General.
In the case of an irrigation district, any losses must be reported to the State Board of Examiners by the board of directors of the irrigation district.
In each case the State Board of Examiners shall make, or cause to be made, a full investigation. If, from the investigation, the State Board of Examiners determines that the loss comes under the conditions of a surety bond issued pursuant to the provisions of chapter 193, Statutes of Nevada 1937, as amended, which established the bond trust fund, the State Board of Examiners shall order that restitution be made in the following manner:

(a) If there is a sufficient amount in the Reserve for Statutory Contingency Account to cover the loss, the State Controller shall draw a warrant on the Reserve for Statutory Contingency Account for the full amount of the loss as covered by the surety bond, in the manner in which claims against the State are usually paid, and the State Treasurer shall pay the warrant.

(b) If there is insufficient money in the Reserve for Statutory Contingency Account to cover the loss, the State Controller shall draw a warrant for the full amount in the Reserve for Statutory Contingency Account for the purpose of making restitution in part, and the State Controller shall report the condition of the account to the Governor. The Governor shall take the necessary steps to have the balance due included in the budget, and report to the next succeeding Legislature. When the balance is thus secured, the restitution is completed.

[7:193:1937; 1931 NCL § 4915.27]—(NRS A 1957, 633 ; 1959, 836 ; 1963, 546 ; 1973, 556 ; 1975, 343 ; 1991, 1759 )

NRS 282.340

NRS

282.340

Civil liability on bond of officer or employee: Action for recovery of loss; lien; judgment; execution.

If any public officer or employee defaults, misappropriates or otherwise is responsible for loss of funds committed to the officers or employees care, the officer or employee is civilly liable for the amount thereof in an action to be prosecuted by:

(a) The district attorney in cases of county and township officers and employees.

(b) The city attorney in cases of city officers and employees.

The State, county, city or irrigation district, as the case may be, has a lien on all real or personal property, not exempt from execution, of any such officer or employee against whom such an action is brought for default, misappropriation, or other violation of the conditions of the officers or employees surety bond given under the provisions of chapter 193, Statutes of Nevada 1937, as amended, and such lien becomes effective upon the execution of such surety bonds by state, county, township, city and irrigation district officers and employees, and takes precedence over any other unrecorded lien or encumbrance.
Upon judgment being entered in favor of the State, county, incorporated city or irrigation district, all property owned, either legally or equitably, by the State, county, township, city or irrigation district officer or employee violating any condition of such bond, not exempt from execution, or so much thereof as may be necessary to cover the amount of the judgment entered, may be sold, as in cases of execution, and the proceeds applied to payment of the judgment rendered to cover the shortage. If there is an insufficiency of such property, or the judgment or any part of it remains unsatisfied, then a deficiency judgment may be entered by the court.

[10:193:1937; 1931 NCL § 4915.30]—(NRS A 1973, 557 ; 1975, 343 )

NRS 286.070

NRS

286.070

Public employer defined.

Public employer means the State, one of its agencies or one of its political subdivisions, the System, irrigation districts created under the laws of the State of Nevada, a public or quasi-public organization or agency that is funded, at least in part, by public money, including a regional transportation commission, a governing body of a charter school and a council of governments created pursuant to the laws of the State of Nevada.
State agencies are those agencies subject to state control and supervision, including those whose employees are governed by chapter 284 of NRS, unless specifically exempted therefrom, and those which deposit money with the State Treasurer.

[Part 2:181:1947; A 1949, 174 ; 1951, 269 ; 1951, 324 ]—(NRS A 1959, 12 , 161 ;

1969, 219 ; 1973, 710 ; 1975, 1029 ; 1977, 1576 ; 1979, 255 , 1110 ;

1987, 1395 ; 1999, 3319 ; 2003, 2051 )

NRS 286.5765

NRS

286.5765

Postretirement increases: Persons retired before July 1, 1963; persons retired before September 1, 1975, with 20 years credit for service; persons retired before July 1, 1989, with 20 years credit for service; separate account.

The System shall provide an increase of $80 per month for all public employees who retired before July 1, 1963, in addition to the amounts to which they were respectively entitled on April 1, 1975.
An employee who retired before September 1, 1975, with 20 or more years of credit for service, whose gross benefit is less than $500 per month must be paid an increase in an amount which would make the retired employees gross benefit $500 per month or an increase of $200 per month, whichever is less. If a person receiving a benefit under option 3 or 5 as the beneficiary of an employee who retired before September 1, 1975, with 20 or more years of credit for service, is receiving less than $250 per month, the person must be paid an increase in an amount which would make the persons gross benefit $250 per month or an increase of $100 per month, whichever is less.
An employee who retired with 20 or more years of credit for service, who had reached the age for full retirement eligibility without reduction for age at the time of retirement and whose gross benefit as of July 1, 1989, is less than $550 per month, must be paid an increase in an amount which would make the retired employees gross benefit $550 per month or an increase of $100 per month, whichever is less. If a person receiving a benefit under option 3 or 5 as the beneficiary of an employee who retired with 20 or more years of credit for service and had reached the age for full retirement eligibility without reduction for age at the time of retirement, is receiving a gross benefit as of July 1, 1989, of less than $275 per month, the person must be paid an increase in an amount which would make the persons gross benefit $275 per month or an increase of $50 per month, whichever is less.
All money which has been accumulated under the provisions of that certain act of the Legislature of the State of Nevada entitled An Act to provide against losses to the state and its respective counties, townships, incorporated cities and irrigation districts through defalcation, misappropriation of funds or other wrongful acts on the part of officials or employees; to provide for the issuance of surety bonds for state, county, township, city and irrigation district officials and employees, establishing a fund therefor, and other matters relating thereto; and to repeal all acts and parts of acts in conflict therewith, approved March 26, 1937, as amended, must be transferred to the Public Employees Retirement Fund. The money must be combined with the appropriation made by section 35 of chapter 270, Statutes of Nevada 1975, and segregated into a separate account within the Public Employees Retirement Fund from which the increases provided in this section must be paid. If the money in that account is insufficient to pay those increases, the amount needed must be provided by the System.

(Added to NRS by 1983, 1926 ; A 1983, 1889 ; 1985, 1188 ; 1989, 1128 )

NRS 288.060

NRS

288.060

Local government employer defined.

Local government employer means any political subdivision of this State or any public or quasi-public corporation organized under the laws of this State and includes, without limitation, counties, cities, unincorporated towns, school districts, charter schools, hospital districts, irrigation districts and other special districts.

(Added to NRS by 1969, 1377 ; A 1971, 1503 ; 2001, 3164 ; 2015, 3845 ; 2017, 60 )

NRS 315.230

NRS

315.230

Housing project defined.

Housing project means any work or undertaking:

(a) To demolish, clear or remove buildings from any area acquired by the authority; or

(b) To provide decent, safe and sanitary urban or rural dwellings, apartments or other living accommodations for persons of low income. Such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, utilities, parks, site preparation, landscaping, administrative, health, recreational, welfare or other purposes; or

Housing project also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith.
The term includes the acquisition or development of mobile home parks and facilities, the leasing or rental of mobile home lots in the park or the purchase, leasing or rental of mobile homes.

[Part 2:253:1947; A 1951, 8 ]—(NRS A 1979, 990 )

NRS 315.969

NRS

315.969

Housing project defined.

Housing project means any work or undertaking:

(a) To demolish, clear or remove buildings from any area acquired by the Authority or a business entity;

(b) To provide decent, safe and sanitary rural dwellings, apartments or other living accommodations primarily for persons of low and moderate income, including, without limitation, affordable housing. Such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, utilities, parks, site preparation, landscaping, administrative, health, recreational, welfare or other purposes; or

Housing project also may be applied to the planning of the buildings and improvements, the acquisition of property or the management of property, including, without limitation, the leasing of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith.
The term includes the acquisition or development of mobile home parks and facilities, the leasing or rental of mobile home lots in the park, or the purchase, leasing or rental of mobile homes.

(Added to NRS by 1973, 616 ; A 1983, 971 ; 2005, 221 ; 2021, 1089 )

NRS 315.99828

NRS

315.99828

Residential housing defined.

Residential housing means one or more new or existing residential dwelling units financed pursuant to the provisions of NRS 315.9981

to 315.99874 , inclusive, for the primary purpose of providing decent, safe and sanitary dwelling accommodations for persons of low and moderate income in need of housing, including any buildings, manufactured homes, mobile homes, mobile home parks, land, improvements, equipment, facilities, other real or personal property, or other related nonhousing facilities which are necessary, convenient or desirable in connection therewith, and including, without limitation, streets, sewers, utilities, parks, site preparation, landscaping and other nonhousing facilities such as administrative, community, transportation, health, recreational, educational, commercial, retail, welfare and public facilities which the Authority determines improve the quality of the residential living for persons of low and moderate income.

(Added to NRS by 2005, 212 )

NRS 319.130

NRS

319.130

Residential housing defined.

Residential housing means one or more new or existing residential dwelling units financed pursuant to the provisions of this chapter for the primary purpose of providing decent, safe and sanitary dwelling accommodations for eligible families in need of housing, including any buildings, manufactured homes, mobile homes, mobile home parks, land, improvements, equipment, facilities, other real or personal property, or other related nonhousing facilities which are necessary, convenient or desirable in connection therewith, and including but not limited to streets, sewers, utilities, parks, site preparation, landscaping and other nonhousing facilities such as administrative, community, transportation, health, recreational, educational, commercial, retail, welfare and public facilities which the Division determines improve the quality of the residential living for eligible families.

(Added to NRS by 1975, 627 ; A 1981, 1664 ; 1983, 971 )

NRS 321.594

NRS

321.594

Powers and duties of Administrator and Division regarding programs to improve sagebrush ecosystems; Division authorized to make certain grants and enter into certain contracts and agreements; regulations.

The Administrator of the Division shall coordinate the establishment and carrying out of a program of projects to improve sagebrush ecosystems in this State. The Division shall cooperate, without limitation, with:

(a) The Department of Wildlife;

(b) The State Department of Agriculture; and

In carrying out the program described in subsection 1, the Division, on behalf of the Director of the State Department of Conservation and Natural Resources, shall:

(a) Oversee and administer a program to mitigate damage to sagebrush ecosystems through a system that awards credits to persons, federal and state agencies, local governments and nonprofit organizations who take measures to protect, enhance or restore sagebrush ecosystems established by the Sagebrush Ecosystem Council created by NRS 232.162 ;

(b) Identify and, if necessary, prioritize any projects concerning the enhancement of the landscape, the restoration of habitat, the reduction of any nonnative grasses and plants and the mitigation of damage to or the expansion of scientific knowledge of sagebrush ecosystems;

(d) If requested, consult with persons proposing to conduct activities in any area which includes any habitat of the greater sage grouse (Centrocercus urophasianus) to suggest measures to avoid, minimize or mitigate the effect of the activities on any sagebrush ecosystem;

(e) Solicit grants and private contributions for projects to improve sagebrush ecosystems; and

(f) On or before August 1 of each year, submit a report to the Sagebrush Ecosystem Council created by NRS 232.162 . The report must include, without limitation:

(1) A description of each project conducted or planned to be conducted pursuant to the program described in subsection 1, including the cost, source of funding and, for projects that have been carried out, the results of the project;

(2) A description of any agreement between the Division and any person, federal or state agency, local government or nonprofit organization, including the purpose and provisions of the agreement;

(3) A list of all grants and private contributions solicited and all grants awarded to further the purposes of the program;

(4) A description of any significant activities conducted in any area which includes habitat of the greater sage grouse and all measures adopted to avoid, minimize or mitigate the effect of the activities on any sagebrush ecosystem; and

(5) Any other information specified by the Division or requested by the Council.

The Division may:

(a) Enter into any agreement with a person, federal or state agency, local government or nonprofit organization to further the preservation, restoration and enhancement of sagebrush ecosystems on public land or on privately owned land with the consent of the owner of the land;

(b) In accordance with subsection 3 of NRS 321.001 , acquire and hold land and any interest in land or water required to carry out the program described in subsection 1;

(c) Sell or lease land and any interest in land or water that the Division determines is no longer necessary to carry out the program described in subsection 1;

(d) Within the limits of available money, award grants of money to other state agencies, local governments and nonprofit organizations to carry out the program described in subsection 1;

(e) Adopt any regulations to carry out the provisions of this section; and

(f) Conduct any other activities specified by the Division to carry out the program described in subsection 1.

The proceeds from the sale or lease of land or of any interest in land or water pursuant to paragraph (c) of subsection 3 must be deposited in the Account to Restore the Sagebrush Ecosystem created by NRS 232.161 .

(Added to NRS by 2013, 3382 )

LAKE TAHOE

Boundary of Lake

NRS 322.1007

NRS

322.1007

Performance of work below high water mark of navigable river: Application and fees for permit; conditions under which permit not required.

If an emergency causes an immediate threat to life, health or property, a person may perform work below the high water mark of a navigable river to the extent necessary to protect life, health or property without first submitting an application to or securing a permit from the State Land Registrar. If reasonably practicable, before proceeding with any such work, the person shall notify the State Land Registrar of the emergency by telephone or other means. Upon completion of the work, the person initiating the work shall file an application with the State Land Registrar as required for the work completed.
Neither an application to nor a permit from the State Land Registrar is required for work performed below the high water mark of a navigable river which constitutes routine maintenance or minor repairs, or both, of an:

(a) Irrigation diversion structure; or

(b) Outfall structure that is regulated by an individual permit issued pursuant to NRS 445A.300 to 445A.730 , inclusive,

Ê if the irrigation diversion structure or outfall structure is not altered beyond the existing permitted size, configuration and location and the river bed is not disturbed.

Except as otherwise provided in subsections 1 and 4, a person must file an application with the State Land Registrar and pay any required application fee but is not required to secure a permit from the State Land Registrar to perform work below the high water mark of a navigable river for the following types of projects:

(a) Clearance of vegetation that restricts the capacity of the channel or the flow of water of a navigable river, or both;

(b) Clearance of debris or temporary obstructions that restrict the capacity of the channel or the flow of water of a navigable river, or both; or

(c) Bank stabilization or restoration, where all materials used are appropriate natural materials as determined by the State Land Registrar.

Unless otherwise notified by the State Land Registrar, the person may proceed pursuant to subsection 3 with any such work 14 days after a completed application and any required fees are submitted to the State Land Registrar.
Work authorized by subsections 2 and 3:

(a) Must be performed in accordance with best management practices to protect water quality; and

(b) Must not significantly disturb or alter the river bed or banks or the flow of water or alter the capacity of the channel.

Except as otherwise provided by subsections 1, 2 and 3, a person must secure a permit from the State Land Registrar before proceeding with any work below the high water mark of a navigable river, including, but not limited to:

(a) Dredging or filling;

(b) Bank stabilization or restoration, where all materials used are not appropriate natural materials as determined by the State Land Registrar;

(d) Construction of irrigation diversions.

The State Land Registrar shall process the application for a permit required by subsection 6 and issue the permit or notify the applicant that the application has been denied, within 60 days after the receipt of a completed application and any required application fee. This period may be extended by mutual agreement between the State Land Registrar and the applicant.
Unless the period for acting upon the application is extended by mutual agreement pursuant to subsection 7, a completed application, which was properly submitted pursuant to subsection 7 with any required fees, that is not acted upon by the State Land Registrar within 60 days after receipt shall be deemed approved and the work requested may proceed upon payment by the applicant of any required fee for the permit.
All state agencies which have jurisdiction within a navigable river shall cooperate with the State Land Registrar in compiling information needed to process a permit pursuant to subsection 7 and shall provide a timely response to a request from the State Land Registrar for information or assistance.
Compliance with the provisions of this section does not relieve an applicant from the duty to comply with the provisions of NRS 455.080 to 455.180 , inclusive, and any other applicable requirements of other state, local, regional or federal entities.
As used in this section, high water mark means the mean high water line to which high water ordinarily reaches, not including floodwaters.

(Added to NRS by 1997, 1260 )

NRS 324.110

NRS

324.110

Compensation of State Engineer.

The State Engineer must be compensated for his or her services by such fees and expense allowances as are authorized by law to be assessed against an applicant for a water right. The expense of the inspection, supervision and report of the State Engineer upon the proposed irrigation works of an applicant and all other services of the State Engineer, if it is not covered by law, must be assessed against the applicant, and is required in advance. The State Engineer shall submit a statement to the Division.
Except in special cases and for unusual services, the work of the State Engineer in connection with the Carey Act must be done under the fee and compensation system of his or her office.

[27:76:1911; RL § 3090; NCL § 5501]—(NRS A 1977, 1194 ; 1979, 230 )

NRS 324.120

NRS

324.120

Applications for segregations: Contents; filing fee.

Any natural person, association, company or corporation desiring to construct impounding dams, canals, ditches or other irrigation works, pumping plants, or artesian wells to reclaim lands under the provisions of this chapter, may file with the Division an application for any land which is listed by the Division as being available for reclamation through the Division.
Any person who is a citizen of the United States, or a lawful permanent resident of the United States, and who is more than 18 years of age may file an application with the Division for that land in an amount not exceeding 160 acres.
An application must:

(a) Be prepared and submitted in accordance with such regulations as the Division may adopt, which must conform with applicable regulations of the Department of the Interior.

(b) Be accompanied by proof that an active application for a permit to appropriate water is on file in the Office of the State Engineer.

(d) State that the applicant desires the land for actually reclaiming, cultivating and settling it in accordance with the Carey Act and the laws and regulations of this State.

(e) State that the applicant, if granted the amount of land requested in the application, will not have received a total amount of land through the provisions of this chapter exceeding 160 acres.

[3:76:1911; RL § 3066; NCL § 5477] + [4:76:1911; RL § 3067; NCL § 5478]—(NRS A 1977, 375 , 1194 ;

1979, 230 )

NRS 324.160

NRS

324.160

Contract between Division and applicant: Contents; conditions; bond; forfeiture.

Upon approval by the Secretary of the Interior of the application for a segregation, the Division must enter into a contract with the applicant for the segregation. The contract must contain:

(a) Such complete specifications with respect to the system of irrigation works proposed to reclaim the lands of the segregation as the Division prescribes by regulation.

(b) The price, conditions and terms per acre at which the irrigation works and perpetual water rights will be sold to settlers.

(d) Such additional requirements and stipulations as are necessary to protect the good reputation of the State and the rights of all parties in interest from the date of the contract to the complete consummation of the enterprise.

The contract must not be entered into until the contractor has filed a satisfactory bond in a penal sum equal to 5 percent of the estimated cost of the works which is conditioned upon the faithful performance of the contract with this state.
If, within 3 months after notice by the Division to the applicant, by registered or certified letter addressed to the applicants last known address, that the segregation has been approved by the Secretary of the Interior, the applicant or his or her agent fails to appear and execute a contract with the State and supply the bond as required, the applicant defaults his or her interest in the land to the State, unless the Division grants an extension of time which may not exceed 30 days. The Division may advertise the interest of the applicant for sale and sell it to the highest bidder under such regulations as the Division prescribes, and sell the interest and enter into a contract covering the segregation with the purchaser. In such a case the State Engineer shall transfer the application for the water right to the purchaser. The proceeds of the sale must be used to reimburse the Division for the costs of the advertisement and sale. The surplus, if any, must be deposited in the Carey Act Account.

[8:76:1911; RL § 3071; NCL § 5482]—(NRS A 1969, 95 ; 1977, 1196 ; 1979, 232 , 665 ;

1991, 1765 )

NRS 324.170

NRS

324.170

Further conditions of contracts; exceptions to forfeitures.

All contracts shall state:

(a) That the works covered by the contract shall begin within 6 months from the date of the contract;

(b) That the construction shall be prosecuted diligently and continuously to completion; and

(c) That the cessation of work under the contract for a period of 6 months shall forfeit to the State all rights under the contract and the penal sum named in the bond.

No property or right which was vested in the applicant or contractor at the date of the contract shall be forfeited.
In cases of contractors who, at the date of the application, own or have vested rights in water, and in a reservoir site, canals or other irrigation works, the forfeitures shall extend only to such portions of the system unconstructed at the time of default and to the penalty of the bond given by such contractor.

[9:76:1911; A 1919, 232 ; 1919 RL § 3072; NCL § 5483]

NRS 324.180

NRS

324.180

Modifications of contracts.

Any contract entered into pursuant to the provisions of this chapter may subsequently be modified if in the opinion of the Division the modification conserves and protects the public welfare and the rights of settlers. If the modification relates to changes in the irrigation works or to an extension of time for its completion, the consent of the State Engineer is a condition precedent to any modification by the Division.

[10:76:1911; RL § 3073; NCL § 5484]—(NRS A 1977, 1197 ; 1979, 232 )

NRS 324.200

NRS

324.200

Payment not required until water available, bond deposited or guarantees made.

A person, association, company or corporation contracting with the State under the provisions of this chapter, or their assigns, shall not require any advance payment of any settler or prospective settler prior to the time when water for the irrigation of his or her entry or allotment is actually available, unless a satisfactory bond in such sum as the Division requires is deposited with the Division, conditioned on the return to the settler, with interest at 6 percent per annum, of all payments so made, if water for the irrigation of his or her entry or allotment is not available at the time stipulated in the agreement with the settler.
In lieu of a bond as provided in subsection 1, the Division may authorize advance sales to be made by or through the agency of a bank or trust company furnishing satisfactory assurances and guarantees that if the project is not consummated to deliver water for the irrigation of such settlers entry or allotment within the time specified, such payments with interest shall be returned to the settler.

[14:76:1911; RL § 3077; NCL § 5488]—(NRS A 1977, 1198 )

NRS 324.210

NRS

324.210

Forfeiture of contract and bond: Notice; sale of uncompleted works.

Upon the failure of any party having a contract with the State for the construction of irrigation works to begin the works within the time specified by the contract, or to complete the works within the time or in accordance with the specifications of the contract to the satisfaction of the State Engineer, the Division shall give the party written notice of the failure. If after a period of 60 days after the sending of the notice, the party fails to proceed with the work or to conform to the specifications of the contract, the bond and contract of the party and all works constructed under it are forfeited to the State. The Division shall at once so declare and give notice once a week for a period of 4 weeks in some newspaper of general circulation in the county or counties in which the work is situated, and in one newspaper at the State Capital in like manner and for a like period, of:

(a) The forfeiture of the contract; and

(b) That upon a fixed day proposals will be received at the office of the Division for the purchase of the uncompleted works and for the completion of the contract.

The Division shall give notice in its advertisement for proposals for the purchase of the uncompleted works that the successful bidder is required, before the transfer of ownership, to furnish a satisfactory bond in a prescribed sum conditioned for the faithful fulfillment of the uncompleted provisions of the contract.
The time of receiving bids must be at least 60 days after the issuing of the last notice of forfeiture.
The money received by the Division from the sale of partially completed works under the provisions of this section must first be applied to the expenses incurred by the State in their forfeiture and disposal and to satisfy the bond. The surplus, if any exists, must be deposited in the Carey Act Account.

[15:76:1911; RL § 3078; NCL § 5489]—(NRS A 1975, 110 ; 1977, 1198 ; 1979, 233 ; 1991, 1765 )

NRS 324.230

NRS

324.230

Final proof of reclamation, settlement and occupation; patents.

Within 1 year after a water right is available for the irrigation of the land described in a certificate of location, the settler shall cultivate and reclaim not less than one-sixteenth part of the land filed on, and within 2 years thereafter, shall have actually irrigated and cultivated not less than one-eighth. Within 3 years thereafter, the settler shall appear before the State Registrar of Lands Under the Carey Act to make a final proof of reclamation, settlement and occupation, in such form and according to such requirements as may be prescribed by the Division or the Department of the Interior.
The State Registrar of Lands Under the Carey Act or his or her designee may administer oaths required under this chapter.
All proofs so received must be accompanied with the final payment for the land, and upon approval by the Division the settler is entitled to a patent.

[18:76:1911; RL § 3081; NCL § 5492]—(NRS A 1975, 111 ; 1977, 376 , 1199 ;

1979, 234 )

NRS 331.100

NRS

331.100

Specific powers and duties of Administrator.

The Administrator has the following specific powers and duties:

To keep all buildings, rooms, basements, floors, windows, furniture and appurtenances clean, orderly and presentable as befitting public property.
To keep all yards and grounds clean and presentable, with proper attention to landscaping and horticulture.
Under the supervision of the State Fire Marshal, to make arrangements for the installation and maintenance of water sprinkler systems, fire extinguishers, fire hoses and fire hydrants, and to take other fire prevention and suppression measures, necessary and feasible, that may reduce the fire hazards in all buildings under his or her control.
To make arrangements and provision for the maintenance of the States water system supplying the state-owned buildings at Carson City, with particular emphasis upon the care and maintenance of water reservoirs, in order that a proper and adequate supply of water be available to meet any emergency.
To make arrangements for the installation and maintenance of water meters designed to measure accurately the quantity of water obtained from sources not owned by the State.
To make arrangements for the installation and maintenance of a lawn sprinkling system on the grounds adjoining the Capitol Building at Carson City, or on any other state-owned grounds where such installation is practical or necessary.
To investigate the feasibility, and economies resultant therefrom, if any, of the installation of a central power meter, to measure electrical energy used by the state buildings in the vicinity of and including the Capitol Building at Carson City, assuming the buildings were served with power as one unit.
To purchase, use and maintain such supplies and equipment as are necessary for the care, maintenance and preservation of the buildings and grounds under his or her supervision and control.
Subject to the provisions of chapter 426 of NRS regarding the operation of vending stands in or on public buildings and properties by persons who are blind, to install or remove vending machines and vending stands in the buildings under his or her supervision and control, and to have control of and be responsible for their operation.
To cooperate with the Nevada Arts Council of the Department of Tourism and Cultural Affairs to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.

[7:320:1949; 1943 NCL § 6976.27]—(NRS A 1959, 171 ; 1967, 1096 ; 1993, 1559 ; 1995, 419 ; 1997, 3156 ; 2003, 638 ; 2011, 2956 )

NRS 332.330

NRS

332.330

Operating cost-savings measure defined.

Operating cost-savings measure:

Means any improvement, repair or alteration to a building, or any equipment, fixture or furnishing to be added or used in a building that is designed to reduce operating costs, including, without limitation, those costs related to electrical energy and demand, thermal energy, water consumption, waste disposal and contract-labor costs, and increase the operating efficiency of the building for the appointed functions that are cost-effective.
Includes, without limitation:

(a) Operational or maintenance labor savings resulting from reduced costs for maintenance contracts as provided through reduction of required maintenance or operating tasks, including, without limitation, replacement of filters and lighting products, and equipment failures.

(b) Investment in equipment, products and materials, and strategies for building operation, or any combination thereof, designed to reduce energy and other utility expenses, including, without limitation:

(1) Costs for materials and labor required to replace old equipment with new, more efficient equipment.

(2) Storm windows or doors, caulking or weather stripping, multiglazed windows or doors, heat-absorbing or heat-reflective glazed or coated windows or doors, reductions in glass area, and other modifications to windows and doors that will reduce energy consumption.

(3) Automated or computerized energy control systems.

(4) Replacement of, or modifications to, heating, ventilation or air-conditioning systems.

(5) Replacement of, or modifications to, lighting fixtures.

(6) Improvements to the indoor air quality of a building that conform to all requirements of an applicable building code.

(7) Energy recovery systems.

(8) Systems for combined cooling, heating and power that produce steam or other forms of energy, for use primarily within the building or a complex of buildings.

(9) Installation of, or modifications to, existing systems for daylighting, including lighting control systems.

(10) Installation of, or modification to, technologies that use renewable or alternative energy sources.

(11) Programs relating to building operation that reduce operating costs, including, without limitation, computerized programs, training and other similar activities.

(12) Programs for improvement of steam traps to reduce operating costs.

(13) Devices that reduce water consumption in buildings, for lawns and for other irrigation applications.

(14) Any additional improvements to building infrastructures that produce energy and operating cost savings, significantly reduce energy consumption or increase the operating efficiency of the buildings for their appointed functions, provided that such improvements comply with applicable building codes.

(15) Trash compaction and waste minimization.

(16) Ground source systems for heating and cooling.

(c) Investment in educational programs relating to the operation and maintenance of any equipment installed to reduce operating costs.

Does not include the construction of a new building or any addition to a building that increases the square footage of the building.

(Added to NRS by 2003, 3049 ; A 2009, 965 )

NRS 332.362

NRS

332.362

Duty of board of trustees of school district to adopt policy concerning performance contracts; requirements for policy; annual report.

The board of trustees of a school district shall adopt a policy setting forth the process for evaluating whether work to be performed on a building will be performed pursuant to a performance contract. The policy must include, without limitation:

(a) The criteria for determining the work which will be evaluated pursuant to the policy;

(b) The requirement that the board of trustees or its designee evaluate whether the work to be performed:

(1) Consists primarily of one or more operating cost-savings measures;

(2) Qualifies to be performed pursuant to a performance contract with a return on investment that the board of trustees determines would make entering into a performance contract in the best interest of the school district; and

(3) Would be more reasonably included under an existing performance contract rather than a new performance contract; and

(c) The requirement that the board of trustees or its designee, if it determines not to enter into a performance contract, document the reasons for that determination.

The board of trustees of a school district shall cause to be prepared an annual report which sets forth the operating cost-savings measures, if any, that:

(a) Were identified in a financial-grade operational audit submitted to the board of trustees pursuant to subsection 5 of NRS 332.360 during the immediately preceding year; and

(b) Were not included in a performance contract during the immediately preceding year.

As used in this section, operating cost-savings measure means an investment in equipment, products and materials, and strategies for building operation, or any combination thereof, designed to reduce energy and other utility expenses, including, without limitation:

(a) Costs for materials and labor required to replace old equipment with new, more efficient equipment.

(b) Storm windows or doors, caulking or weather stripping, multiglazed windows or doors, heat-absorbing or heat-reflective glazed or coated windows or doors, reductions in glass area, and other modifications to windows and doors that will reduce energy consumption.

(d) Replacement of, or modifications to, heating, ventilation or air-conditioning systems.

(e) Replacement of, or modifications to, lighting fixtures.

(f) Improvements to the indoor air quality of a building that conform to all requirements of an applicable building code.

(g) Energy recovery systems.

(h) Systems for combined cooling, heating and power that produce steam or other forms of energy, for use primarily within the building or a complex of buildings.

(i) Installation of, or modifications to, existing systems for daylighting, including lighting control systems.

(j) Installation of, or modification to, technologies that use renewable or alternative energy sources.

(k) Programs relating to building operation that reduce operating costs, including, without limitation, computerized programs, training and other similar activities.

(l) Programs for improvement of steam traps to reduce operating costs.

(m) Devices that reduce water consumption in buildings, for lawns and for other irrigation applications.

(n) Trash compaction and waste minimization.

(o) Ground source systems for heating and cooling.

(Added to NRS by 2013, 2118 )

NRS 333.020

NRS

333.020

Definitions.

As used in this chapter, unless the context otherwise requires:

Administrator means the Administrator of the Purchasing Division.
Best value means the greatest possible economy consistent with grades or qualities of supplies, materials, equipment and services that are adapted to the purposes to be served.
Director means the Director of the Department of Administration.
Invitation to bid means a written statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection.
Proprietary information means:

(a) Any trade secret or confidential business information that is contained in a bid or proposal submitted on a particular contract; or

(b) Any other trade secret or confidential business information submitted in a bid or proposal and designated as proprietary by the Administrator.

Ê As used in this subsection, confidential business information means any information relating to the amount or source of any income, profits, losses or expenditures of a person, including data relating to cost or price submitted in support of a bid or proposal. The term does not include the amount of a bid or proposal.

Purchasing Division means the Purchasing Division of the Department of Administration.
Purchasing officer means a person who is authorized by the Administrator or a using agency to facilitate:

(a) The evaluation of bids or proposals for a contract;

(b) Any negotiations concerning a contract; or

Request for proposals means a written statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection.
Trade secret has the meaning ascribed to it in NRS 600A.030 .
Using agencies means all officers, departments, divisions, institutions, boards, commissions and other agencies in the Executive Department of the State Government which derive their support from public money in whole or in part, whether the money is provided by the State of Nevada, received from the Federal Government or any branch, bureau or agency thereof, or derived from private or other sources. The term does not include the Nevada Rural Housing Authority, the Housing Division of the Department of Business and Industry, local governments as defined in NRS 354.474 , conservation districts, irrigation districts and the Nevada System of Higher Education.
Volunteer fire department means a volunteer fire department which pays premiums for industrial insurance pursuant to the provisions of chapters 616A to 616D , inclusive, or chapter 617 of NRS.

[2:333:1951]—(NRS A 1963, 48 , 489 ,

1284 ;

1967, 202 ; 1969, 1429 ; 1973, 1465 ; 1975, 248 ; 1993, 390 , 1564 ,

2267 ,

2877 ;

1995, 366 , 728 ,

815 ,

1733 ,

2044 ,

2060 ;

1997, 547 ; 1999, 234 , 1024 ,

1817 ;

2001, 2122 ; 2003, 547 , 2194 ;

2005, 668 ; 2009, 650 ; 2019, 779 )

ADMINISTRATION

NRS 333.470

NRS

333.470

Use of facilities of Purchasing Division by Nevada System of Higher Education, local governments and districts to obtain supplies, materials and equipment.

The Nevada System of Higher Education, local governments as defined in NRS 354.474 , conservation districts and irrigation districts in the State of Nevada may obtain supplies, materials and equipment on a voluntary basis through the facilities of the Purchasing Division.

[40:333:1951]—(NRS A 1963, 505 , 1280 ;

1967, 203 ; 1969, 1430 ; 1975, 249 ; 1981, 1188 ; 1993, 392 ; 1995, 2044 ; 1999, 1818 ; 2003, 549 ; 2005, 670 ; 2019, 785 )

PURCHASING THROUGH SOLICITATIONS OR AGREEMENTS OF OTHER GOVERNMENTAL ENTITIES; FEDERAL SURPLUS PROPERTY

NRS 333.480

NRS

333.480

Purchase and acquisition of supplies, materials or equipment from vendor who has entered into agreement with General Services Administration or certain other federal agencies; prohibition if contractors license required for agreement.

Except as otherwise provided in subsection 2, the Administrator may purchase or acquire on behalf of the State of Nevada, and all officers, departments, institutions, boards, commissions, schools and other agencies in the Executive Department of the State Government, volunteer fire departments, local governments as defined in NRS 354.474 , conservation districts or irrigation districts of the State of Nevada, any supplies, materials or equipment of any kind required or deemed advisable for the state officers, departments, institutions, boards, commissions, schools, volunteer fire departments and other agencies or local governments as defined in NRS 354.474 , conservation districts or irrigation districts that may be available pursuant to an agreement with a vendor who has entered into an agreement with the General Services Administration or another federal agency dealing in supplies, materials, equipment or donable surplus material if:

(a) The prices for the supplies, materials or equipment negotiated in the agreement that the Administrator enters into with the vendor are substantially similar to the prices for those supplies, materials or equipment that the vendor had negotiated with the General Services Administration or other federal agency; and

(b) The Administrator determines that such an agreement would be in the best interests of the State.

The Administrator shall not enter into an agreement pursuant to subsection 1 if a contractors license issued pursuant to chapter 624 of NRS is required for any portion of the agreement.

[42:333:1951; A 1953, 585 ]—(NRS A 1963, 49 , 489 ,

1285 ;

1975, 249 ; 1989, 2145 ; 2001, 1320 ; 2013, 69 ; 2019, 785 )

NRS 333.495

NRS

333.495

Authorizations to secure transfer of federal surplus property to state departments, agencies or political subdivisions.

Any provision of law to the contrary notwithstanding, the governing board or, if there be none, the executive head of any state department or agency or any local government as defined in NRS 354.474 , conservation district or irrigation district may, by order or resolution, confer upon any officer or employee thereof authority to secure the transfer to it of federal donable surplus property under this chapter and agree on behalf of the State or local government as defined in NRS 354.474 , conservation district or irrigation district to comply with the terms and conditions of such transfers.
The authority conferred upon any such officer or employee by any such order or resolution shall remain in effect unless and until the order or resolution is revoked and written notice of such revocation has been received by the Administrator.

(Added to NRS by 1957, 151 ; A 1963, 1062 ; 1975, 250 )

INDEPENDENT CONTRACTORS

NRS 338.010

NRS

338.010

Definitions.

As used in this chapter:

Authorized representative means a person designated by a public body to be responsible for the development, solicitation, award or administration of contracts for public works pursuant to this chapter.
Bona fide fringe benefit means a benefit in the form of a contribution that is made not less frequently than monthly to an independent third party pursuant to a fund, plan or program:

(a) Which is established for the sole and exclusive benefit of a worker and his or her family and dependents; and

(b) For which none of the assets will revert to, or otherwise be credited to, any contributing employer or sponsor of the fund, plan or program.

Ê The term includes, without limitation, benefits for a worker that are determined pursuant to a collective bargaining agreement and included in the determination of the prevailing wage by the Labor Commissioner pursuant to NRS 338.030 .

Contract means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work.
Contractor means:

(a) A person who is licensed pursuant to the provisions of chapter 624 of NRS.

(b) A design-build team.

Day labor means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a worker or workers employed by them on public works by the day and not under a contract in writing.
Design-build contract means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.
Design-build team means an entity that consists of:

(a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and

(b) For a public work that consists of:

(1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.

(2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or landscape architecture pursuant to chapter 623A

of NRS or who is licensed as a professional engineer pursuant to chapter 625 of NRS.

Design professional means:

(a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;

(b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;

(c) A person who holds a certificate of registration to engage in the practice of architecture, interior design or residential design pursuant to chapter 623 of NRS;

(d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or

(e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.

Discrete project means one or more public works which are undertaken on a single construction site for a single public body. The term does not include one or more public works that are undertaken on multiple construction sites regardless of whether the public body which sponsors or finances the public works bundles the public works together.
Division means the State Public Works Division of the Department of Administration.
Eligible bidder means a person who is:

(a) Found to be a responsible and responsive contractor by a local government or its authorized representative which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373 ; or

(b) Determined by a public body or its authorized representative which awarded a contract for a public work pursuant to NRS 338.1375 to 338.139 , inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379

or 338.1382 .

General contractor means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:

(a) General engineering contracting, as described in subsection 2 of NRS 624.215 .

(b) General building contracting, as described in subsection 3 of NRS 624.215 .

Governing body means the board, council, commission or other body in which the general legislative and fiscal powers of a local government are vested.
Horizontal construction means any construction, alteration, repair, renovation, demolition or remodeling necessary to complete a public work, including, without limitation, any irrigation, drainage, water supply, flood control, harbor, railroad, highway, tunnel, airport or airway, sewer, sewage disposal plant or water treatment facility and any ancillary vertical components thereof, bridge, inland waterway, pipeline for the transmission of petroleum or any other liquid or gaseous substance, pier, and any other work incidental thereto. The term does not include vertical construction, the construction of any terminal or other building of an airport or airway, or the construction of any other building.
Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A , 318 , 318A ,

379 , 474 , 538 , 541 , 543 and 555 of NRS, NRS 450.550 to 450.750 , inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes a person who has been designated by the governing body of a local government to serve as its authorized representative.

Offense means:

(a) Failing to:

(1) Pay the prevailing wage required pursuant to this chapter;

(2) Pay the contributions for unemployment compensation required pursuant to chapter 612

of NRS;

(3) Provide and secure compensation for employees required pursuant to chapters 616A

to 617 , inclusive, of NRS; or

(4) Comply with subsection 5 or 6 of NRS 338.070 .

(b) Discharging an obligation to pay wages in a manner that violates the provisions of NRS 338.035 .

Prime contractor means a contractor who:

(a) Contracts to construct an entire project;

(b) Coordinates all work performed on the entire project;

(d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.

Ê The term includes, without limitation, a general contractor or a specialty contractor who is authorized to bid on a project pursuant to NRS 338.139 or 338.148 .

Public body means the State, county, city, town, school district or any public agency of this State or its political subdivisions sponsoring or financing a public work.
Public work means any project for the new construction, repair or reconstruction of a project financed in whole or in part from public money for:

(a) Public buildings;

(b) Jails and prisons;

(d) Public highways;

(e) Public streets and alleys;

(f) Public utilities;

(g) Publicly owned water mains and sewers;

(h) Public parks and playgrounds;

(i) Public convention facilities which are financed at least in part with public money; and

(j) All other publicly owned works and property.

Specialty contractor means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215 .
Stand-alone underground utility project means an underground utility project that is not integrated into a larger project, including, without limitation:

(a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and

(b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,

Ê that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711 .

Subcontract means a written contract entered into between:

(a) A contractor and a subcontractor or supplier; or

(b) A subcontractor and another subcontractor or supplier,

Ê for the provision of labor, materials, equipment or supplies for a construction project.

Subcontractor means a person who:

(a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS; and

(b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project.

Supplier means a person who provides materials, equipment or supplies for a construction project.
Vertical construction means any construction, alteration, repair, renovation, demolition or remodeling necessary to complete a public work for any building, structure or other improvement that is predominantly vertical, including, without limitation, a building, structure or improvement for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, and any other work or improvement appurtenant thereto.
Wages means:

(a) The basic hourly rate of pay; and

(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other bona fide fringe benefits which are a benefit to the worker.

Worker means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. The term does not include a design professional.

[1 1/2:139:1937; added 1941, 389 ; 1931 NCL § 6179.51 1/2]—(NRS A 1969, 735 ; 1979, 1288 ; 1981, 526 ; 1983, 130 , 1573 ;

1989, 1965 ; 1993, 392 , 2131 ,

2247 ;

1995, 691 ; 1999, 1849 , 1991 ,

2396 ,

3472 ,

3502 ;

2001, 252 , 1143 ,

1268 ,

2022 ,

2258 ,

2276 ;

2003, 119 , 124 ,

1518 ,

1986 ,

2411 ,

2489 ;

2005, 1793 ; 2011, 490 , 2959 ;

2013, 750 , 2958 ;

2015, 2375 ; 2017, 2034 , 2718 ,

4035 ;

2019, 696 ; 2021, 732 , 736 ,

2218 )

NRS 338.1717

NRS

338.1717

Employment of architect, general contractor, construction manager as agent, landscape architect or engineer as consultant.

A public body may employ a registered architect, general contractor, construction manager as agent, landscape architect or licensed professional engineer as a consultant to assist the public body in overseeing the construction of a public work. An architect, general contractor, construction manager as agent, landscape architect or engineer so employed shall not:

Construct the public work; or
Assume overall responsibility for ensuring that the construction of the public work is completed in a satisfactory manner.

(Added to NRS by 1999, 3472 ; A 2001, 2022 ; 2003, 119 , 2441 ;

2007, 2903 )

NRS 338.173

NRS

338.173

Certificate of eligibility to receive preference when competing for public works to certain design professionals: Issuance; duration; ineligibility for submission of false information; regulations; fees; written objections.

The State Board of Architecture, Interior Design and Residential Design shall issue a certificate of eligibility to receive a preference when competing for public works to a person who holds a certificate of registration to engage in the practice of architecture pursuant to the provisions of chapter 623 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the person has, while holding a certificate of registration to engage in the practice of architecture in this State:

(a) Paid directly, on his or her own behalf the excise tax imposed upon an employer by NRS 363B.110 of not less than $1,500 for each consecutive 12-month period for 36 months immediately preceding the submission of the affidavit from the certified public accountant; or

(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating business that engages in the practice of architecture that:

(1) Satisfies the requirements of NRS 623.350 ; and

(2) Possesses a certificate of eligibility to receive a preference when competing for public works.

The State Board of Landscape Architecture shall issue a certificate of eligibility to receive a preference when competing for public works to a person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to the provisions of chapter 623A of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the person has, while holding a certificate of registration to engage in the practice of landscape architecture in this State:

(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating business that engages in the practice of landscape architecture that:

(1) Satisfies the requirements of NRS 623A.250 ; and

(2) Possesses a certificate of eligibility to receive a preference when competing for public works.

The State Board of Professional Engineers and Land Surveyors shall issue a certificate of eligibility to receive a preference when competing for public works to a professional engineer or professional land surveyor who is licensed pursuant to the provisions of chapter 625 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the professional engineer or professional land surveyor has, while licensed as a professional engineer or professional land surveyor in this State:

(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating business that engages in engineering or land surveying that:

(1) Satisfies the requirements of NRS 625.407 ; and

(2) Possesses a certificate of eligibility to receive a preference when competing for public works.

For the purposes of complying with the requirements set forth in paragraph (a) of subsection 1, paragraph (a) of subsection 2 and paragraph (a) of subsection 3, a person shall be deemed to have paid:

(a) The excise tax imposed upon an employer by NRS 363B.110 by an affiliate or parent company of the person, if the affiliate or parent company also satisfies the requirements of NRS 623.350 , 623A.250 or 625.407 , as applicable; and

(b) The excise tax imposed upon an employer by NRS 363B.110 by a joint venture in which the person is a participant, in proportion to the amount of interest the person has in the joint venture.

A design professional who has received a certificate of eligibility to receive a preference when competing for public works pursuant to subsection 1, 2 or 3 must, at the time for the renewal of his or her professional license or certificate of registration, as applicable, pursuant to chapter 623 , 623A or 625 of NRS, submit to the applicable licensing board an affidavit from a certified public accountant setting forth that the design professional has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 1, paragraph (a) of subsection 2 or paragraph (a) of subsection 3, as applicable, to maintain eligibility to hold such a certificate.
A design professional who fails to submit an affidavit to the applicable licensing board pursuant to subsection 5 ceases to be eligible to receive a preference when competing for public works unless the design professional reapplies for and receives a certificate of eligibility pursuant to subsection 1, 2 or 3, as applicable.
If a design professional holds more than one license or certificate of registration, the design professional must submit a separate application for each license or certificate of registration pursuant to which the design professional wishes to qualify for a preference when competing for public works. Upon issuance, the certificate of eligibility to receive a preference when competing for public works becomes part of the design professionals license or certificate of registration for which the design professional submitted the application.
If a design professional who applies to a licensing board for a certificate of eligibility to receive a preference when competing for public works pursuant to subsection 1, 2 or 3 submits false information to the licensing board regarding the required payment of taxes, the design professional is not eligible to receive a preference when competing for public works for a period of 5 years after the date on which the licensing board becomes aware of the submission of the false information.
The State Board of Architecture, Interior Design and Residential Design, the State Board of Landscape Architecture and the State Board of Professional Engineers and Land Surveyors shall adopt regulations and may assess reasonable fees relating to their respective certification of design professionals for a preference when competing for public works.
A person or entity who believes that a design professional wrongfully holds a certificate of eligibility to receive a preference when competing for public works may challenge the validity of the certificate by filing a written objection with the public body which selected, for the purpose of providing services for a public work, the design professional who holds the certificate. A written objection authorized pursuant to this subsection must:

(a) Set forth proof or substantiating evidence to support the belief of the person or entity that the design professional wrongfully holds a certificate of eligibility to receive a preference when competing for public works; and

(b) Be filed with the public body not later than 3 business days after:

(1) The date on which the public body makes available to the public pursuant to subsection 3 of NRS 338.1725 the information required by that subsection, if the design-build team of which the design professional who holds the certificate is a part was selected as a finalist pursuant to NRS 338.1725 ;

(2) The date on which the Department of Transportation makes available to the public pursuant to subsection 3 of NRS 408.3885 the information required by that subsection, if the design-build team of which the design professional who holds the certificate is a part was selected as a finalist pursuant to NRS 408.3885 ; or

(3) The date on which the licensing board which issued the certificate to the design professional posted on its Internet website the information required by NRS 338.1425 , if the design professional is identified in that information as being selected for a contract governed by NRS 338.155 .

If a public body receives a written objection pursuant to subsection 10, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and the public body or its authorized representative may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the design professional qualifies for the certificate pursuant to the provisions of this section and the public body or its authorized representative may proceed to award the contract accordingly.

(Added to NRS by 2011, 3678 )

NOTIFICATION OF LICENSING BOARDS

NRS 338.175

NRS

338.175

Substantially incomplete or rejected plans submitted by registered architect, interior designer, residential designer or landscape architect.

A public body shall notify the State Board of Architecture, Interior Design and Residential Design or the State Board of Landscape Architecture, as applicable, in writing if a registered architect, interior designer, residential designer or landscape architect:

Submits plans for a project which are substantially incomplete; or
Submits plans for the same project which are rejected by the public body at least three times.

(Added to NRS by 1997, 1409 ; A 2003, 2444 )

NRS 338.193

NRS

338.193

Standards for plumbing fixtures.

Each public building sponsored or financed by a public body must meet the standards made applicable for the building pursuant to this section.
Except as otherwise provided in subsection 8, each public building, other than a prison or jail, on which construction begins on or after March 1, 1992, and before March 1, 1993, and each existing public building which is expanded or renovated on or after March 1, 1992, and before March 1, 1993, must incorporate the following minimal standards for plumbing fixtures:

(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 3.5 gallons of water per flush.

(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 3 gallons per minute.

(d) A toilet or urinal which employs a timing device or other mechanism to flush periodically irrespective of demand must not be installed.

Except as otherwise provided in subsection 8, each public building, other than a prison or jail, on which construction begins on or after March 1, 1993, and before January 1, 2020, and each existing public building which is expanded or renovated on or after March 1, 1993, and before January 1, 2020, must incorporate the following minimal standards for plumbing fixtures:

(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 1.6 gallons of water per flush.

(c) A urinal which uses water must not be installed unless its consumption of water does not exceed 1 gallon of water per flush.

(d) A toilet or urinal which employs a timing device or other mechanism to flush periodically, irrespective of demand, must not be installed.

(e) A urinal which continually flows or flushes water must not be installed.

(f) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 2.5 gallons per minute.

Except as otherwise provided in subsection 8, each public building, other than a prison or jail, on which construction begins on or after January 1, 2020, and each existing public building which is expanded or renovated on or after January 1, 2020:

For the purposes of subsection 4, a plumbing fixture is considered certified under the WaterSense program if the fixture meets the requirements of paragraph (a) or (b) of subsection 6 of NRS 278.582 .
Each public building, other than a prison or jail, on which construction begins on or after January 1, 2024, and each existing public building which is expanded or renovated on or after January 1, 2024:

For the purposes of subsection 6, a landscape fixture is considered certified under the WaterSense program if the fixture meets the requirements of paragraph (a) or (b) of subsection 6 of NRS 278.582 .
The requirements of this section for the installation of certain plumbing fixtures do not apply to any portion of:

(a) An existing public building which is not being expanded or renovated; or

(b) A public building if the public building was constructed 50 years or more before the current year, regardless of whether that public building has been expanded or renovated since its original construction.

(Added to NRS by 1991, 1168 ; A 2019, 2102 ; 2023, 1274 )

NRS 341.091

NRS

341.091

Adoption of standards and performance guidelines relating to efficient use of water and energy.

For the purposes of the design and construction of buildings or other projects of this State, the Board shall adopt by regulation:

(a) Standards for the efficient use of water.

(b) Standards for the efficient use of energy, including, without limitation, the use of sources of renewable energy.

(d) Performance guidelines for retrofit projects, including, without limitation, guidelines for:

(1) Energy consumption.

(2) The use of potable water.

(3) The use of water for purposes relating to landscaping.

(4) The disposal of solid waste.

The standards and performance guidelines adopted in accordance with subsection 1 must include a mechanism for their evaluation and revision to ensure that such standards and guidelines:

(a) Are cost-effective over the life of the applicable project.

(b) Produce certain threshold levels of cost savings.

In adopting the standards and performance guidelines pursuant to subsection 1, the Board may consider, without limitation:

(a) The Leadership in Energy and Environmental Design Green Building Rating System established by the U.S. Green Building Council or its successor;

(b) The Green Globes assessment and rating system developed by the Green Building Initiative or its successor;

(d) The standards established by the American Society of Heating, Refrigerating and Air-Conditioning Engineers or its successor;

(e) The criteria established pursuant to the Federal Energy Management Program established by the United States Department of Energy; and

(f) The criteria established by the International Energy Conservation Code .

The regulations adopted pursuant to this section must include provisions for their enforcement.
As used in this section:

(a) Biomass means any organic matter that is available on a renewable basis, including, without limitation:

(1) Agricultural crops and agricultural wastes and residues;

(2) Wood and wood wastes and residues;

(3) Animal wastes;

(4) Municipal wastes; and

(5) Aquatic plants.

(b) Renewable energy means:

(1) Biomass;

(2) Solar energy; or

(3) Wind.

Ê The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

(Added to NRS by 2009, 2755 ; A 2011, 118 )

ADMINISTRATOR, DEPUTIES AND ASSISTANTS

NRS 341.100

NRS

341.100

Appointments; classification; restrictions on other employment; qualifications; general duties.

The Administrator and the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section serve at the pleasure of the Director of the Department.
The Administrator shall appoint:

(a) A Deputy Administrator of the Public Works - Professional Services Section; and

(b) A Deputy Administrator of the Buildings and Grounds Section.

Ê Each deputy administrator appointed pursuant to this subsection serves at the pleasure of the Administrator.

The Administrator shall recommend and the Director shall appoint a Deputy Administrator of the Public Works - Compliance and Code Enforcement Section. The Deputy Administrator appointed pursuant to this subsection has the final authority in the interpretation and enforcement of any applicable building codes.
The Administrator may appoint such other technical and clerical assistants as may be necessary to carry into effect the provisions of this chapter.
The Administrator and each deputy administrator are in the unclassified service of the State. Except as otherwise provided in NRS 284.143 , the Administrator and each deputy administrator shall devote his or her entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.
The Administrator must:

(a) Have a masters degree or doctoral degree in civil or environmental engineering, architecture, public administration or a related field and experience in management, public administration or public policy; or

(b) Be a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS.

The Deputy Administrator of the:

(a) Public Works - Professional Services Section must be a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS.

(b) Public Works - Compliance and Code Enforcement Section must have a comprehensive knowledge of building codes and a working knowledge of the principles of engineering or architecture as determined by the Administrator.

The Administrator shall:

(a) Serve as the Secretary of the Board.

(b) Manage the daily affairs of the Division.

(d) Prepare and submit to the Board, for its approval, the recommended priority for proposed capital improvement projects and provide the Board with an estimate of the cost of each project.

(e) Select architects, engineers and contractors.

(f) Accept completed projects.

(g) Submit in writing to the Director of the Department, the Governor and the Interim Finance Committee a monthly report regarding all public works projects which are a part of the approved capital improvement program. For each such project, the monthly report must include, without limitation, a detailed description of the progress of the project which highlights any specific events, circumstances or factors that may result in:

(1) Changes in the scope of the design or construction of the project or any substantial component of the project which increase or decrease the total square footage or cost of the project by 10 percent or more;

(2) Increased or unexpected costs in the design or construction of the project or any substantial component of the project which materially affect the project;

(3) Delays in the completion of the design or construction of the project or any substantial component of the project; or

(4) Any other problems which may adversely affect the design or construction of the project or any substantial component of the project.

(h) Have final authority to approve the architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.

The Deputy Administrator of the Public Works - Compliance and Code Enforcement Section shall:

(a) Serve as the building official for all buildings and structures on property of the State or held in trust for any division of the State Government; and

(b) Consult with an agency or official that is considering adoption of a regulation described in NRS 446.942 , 449.345 , 455C.115 , 461.173 or 477.0325 and provide recommendations regarding how the regulation, as it applies to buildings and structures on property of this State or held in trust for any division of the State Government, may be made consistent with other regulations which apply to such buildings or structures.

[Part 4:102:1937; A 1947, 283 ; 1943 NCL § 6975.04] + [22:295:1953; A 1955, 525 ]—(NRS A 1959, 787 ; 1960, 394 ; 1961, 655 ; 1963, 1331 ; 1965, 703 ; 1967, 1494 ; 1971, 166 , 1431 ;

1981, 1278 ; 1983, 1960 ; 1987, 1485 ; 1991, 673 ; 1995, 2312 ; 1997, 1067 ; 2001, 1443 ; 2003, 2483 ; 2007, 3268 ; 2011, 2966 , 3572 ;

2013, 392 ; 2015, 2379 ; 2017, 1401 ; 2021, 624 )

NRS 349.981

NRS

349.981

Program to provide grants for water conservation and capital improvements to certain water systems; Board for Financing Water Projects to determine recipients of grants; applicability to certain recipients of provisions governing public works.

There is hereby established a program to provide grants of money to:

(a) A purveyor of water to pay for costs of capital improvements to publicly owned community water systems and publicly owned nontransient water systems required or made necessary by the State Environmental Commission pursuant to NRS 445A.800 to 445A.955 , inclusive, or made necessary by the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto.

(b) An eligible recipient to pay for the cost of improvements to conserve water, including, without limitation:

(1) Piping or lining of an irrigation canal;

(2) Recovery or recycling of wastewater or tailwater;

(3) Scheduling of irrigation;

(4) Measurement or metering of the use of water;

(5) Improving the efficiency of irrigation operations; and

(6) Improving the efficiency of the operation of a facility for the storage of water, including, without limitation, efficiency in diverting water to such a facility.

(c) An eligible recipient to pay the following costs associated with connecting a domestic well or well with a temporary permit to a municipal water system, if the well was in existence on or before October 1, 1999, and the well is located in an area designated by the State Engineer pursuant to NRS 534.120 as an area where the groundwater basin is being depleted:

(1) Any local or regional fee for connection to the municipal water system.

(2) The cost of any capital improvement that is required to comply with a decision or regulation of the State Engineer.

(d) An eligible recipient to pay the following costs associated with abandoning an individual sewage disposal system and connecting the property formerly served by the abandoned individual sewage disposal system to a community sewage disposal system, if the Division of Environmental Protection requires the individual sewage disposal system to be abandoned and the property upon which the individual sewage disposal system was located to be connected to a community sewage disposal system pursuant to the provisions of NRS 445A.300 to 445A.730 , inclusive, or any regulations adopted pursuant thereto:

(1) Any local or regional fee for connection to the community sewage disposal system.

(2) The cost of any capital improvement that is required to comply with a statute of this State or a decision, directive, order or regulation of the Division of Environmental Protection.

(e) An eligible recipient to pay the following costs associated with abandoning an individual sewage disposal system and connecting the property formerly served by the abandoned individual sewage disposal system to a community sewage disposal system, if the Division of Environmental Protection approves a program or project for the protection of groundwater quality developed by the State or a local government that provides for the abandonment of an individual sewage disposal system and the connection of the property upon which the individual sewage disposal system was located to a community sewage disposal system pursuant to the provisions of NRS 445A.300 to 445A.730 , inclusive, or any regulations adopted pursuant thereto:

(1) Any local or regional fee for connection to the community sewage disposal system.

(2) The cost of any capital improvement that is required to comply with a statute of this State or a decision, directive, order or regulation of the Division of Environmental Protection.

(f) An eligible recipient to pay the following costs associated with plugging and abandoning a well and connecting the property formerly served by the well to a municipal water system, if the State Engineer requires the plugging of the well pursuant to subsection 3 of NRS 534.180 or if the quality of the water of the well fails to comply with the standards of the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto:

(1) Any local or regional fee for connection to the municipal water system.

(2) The cost of any capital improvement that is required for the water quality in the area where the well is located to comply with the standards of the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto.

(3) The cost of plugging and abandoning a well and connecting the property formerly served by the well to a municipal water system.

(g) A governing body to pay the costs associated with developing and maintaining a water resource plan.

Except as otherwise provided in NRS 349.983 , the determination of who is to receive a grant is solely within the discretion of the Board.
For any construction work paid for in whole or in part by a grant provided pursuant to this section to a nonprofit association or nonprofit cooperative corporation that is an eligible recipient, the provisions of NRS 338.013 to 338.090 , inclusive, apply to:

(a) Require the nonprofit association or nonprofit cooperative corporation to include in the contract for the construction work the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to those statutory provisions.

(b) Require the nonprofit association or nonprofit cooperative corporation to comply with those statutory provisions in the same manner as if it was a public body that had undertaken the project or had awarded the contract.

(c) Require the contractor who is awarded the contract for the construction work, or a subcontractor on the project, to comply with those statutory provisions in the same manner as if he or she was a contractor or subcontractor, as applicable, engaged on a public work.

As used in this section:

(a) Eligible recipient means:

(1) A political subdivision of this State, including, without limitation, a city, county, unincorporated town, water authority, conservation district, irrigation district, water district or water conservancy district.

(2) A nonprofit association or nonprofit cooperative corporation that provides water service only to its members.

(b) Governing body has the meaning ascribed to it in NRS 278.015 .

(Added to NRS by 1991, 1833 ; A 1999, 2121 ; 2003, 2502 ; 2005, 561 , 969 ;

2009, 564 ; 2019, 1295 ; 2023, 339 , 1276 )

NRS 350.095

NRS

350.095

Levy of special tax; transfer of money remaining in fund.

At the first tax levy following the creation of any medium-term indebtedness, the governing board of any local government shall, if necessary, levy a tax sufficient to pay the medium-term indebtedness. The tax must be designated County of ................ Special Tax, City of ................ Special Tax, Town of ................ Special Tax, ................ School District Special Tax, ................ Agricultural Association Special Tax, or ................ District Special Tax, as the case may be, the proceeds of which must be placed in a medium-term debt service fund in the treasury of the county or city, or in a medium-term debt service fund in the county treasury in the cases of towns, school districts, irrigation districts, special districts or agricultural associations, to be used solely to redeem the medium-term indebtedness for which the tax is levied.
The treasurer of any county is authorized, upon receipt of a written resolution of the governing board of any local government for which a special tax fund is maintained, to transfer the money remaining in the medium-term debt service fund of that local government to the general fund of that local government after payment in full of the indebtedness and the interest thereon.

(Added to NRS by 1995, 1811 )

SALE OF BONDS BY COMPETITIVE BID OR NEGOTIATED SALE

NRS 350.538

NRS

350.538

Municipality defined.

Municipality means any county, any incorporated city or town, including, without limitation, any city or town organized under the provisions of a special legislative act or other special charter, any unincorporated town, any school district or any quasi-municipal district, including, without limitation, the Nevada Rural Housing Authority and any district created pursuant to NRS 244.2961 or governed by title 25 of NRS, of this state, or any other public agency authorized to issue general or special obligations on behalf of any of these. Where the context so indicates, municipality means the geographical area comprising the municipality.
Municipality does not include an irrigation district or other special district governed by title 48 of NRS.

(Added to NRS by 1967, 424 ; A 1971, 2115 ; 1981, 947 ; 1983, 131 ; 1989, 76 ; 1995, 815 )

NRS 354.474

NRS

354.474

Applicability to local governments; local government defined.

Except as otherwise provided in subsections 2 and 3, the provisions of NRS 354.470 to 354.626 , inclusive, apply to all local governments. For the purpose of NRS 354.470 to 354.626 , inclusive:

(a) Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A ,

318 , 318A and

379 of NRS, NRS 450.550 to 450.750 , inclusive, and chapters 474 , 541 ,

543 and 555

of NRS, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.

(b) Local government includes the Nevada Rural Housing Authority for the purpose of loans of money from a local government in a county whose population is less than 100,000 to the Nevada Rural Housing Authority in accordance with NRS 354.6118 . The term does not include the Nevada Rural Housing Authority for any other purpose.

An irrigation district organized pursuant to chapter 539 of NRS shall fix rates and levy assessments as provided in NRS 539.667 to 539.683 , inclusive. The levy of such assessments and the posting and publication of claims and annual financial statements as required by chapter 539

of NRS shall be deemed compliance with the budgeting, filing and publication requirements of NRS 354.470 to 354.626 , inclusive, but any such irrigation district which levies an ad valorem tax shall comply with the filing and publication requirements of NRS 354.470

to 354.626 , inclusive, in addition to the requirements of chapter 539 of NRS.

An electric light and power district created pursuant to chapter 318 of NRS shall be deemed to have fulfilled the requirements of NRS 354.470 to 354.626 , inclusive, for a year in which the district does not issue bonds or levy an assessment if the district files with the Department of Taxation a copy of all documents relating to its budget for that year which the district submitted to the Rural Utilities Service of the United States Department of Agriculture.

(Added to NRS by 1965, 726 ; A 1967, 937 , 1387 ;

1969, 1390 ; 1971, 13 , 1013 ,

1341 ;

1977, 539 ; 1979, 361 ; 1993, 1150 ; 1995, 815 , 2553 ;

2005, 576 ; 2011, 1377 , 1689 ,

2727 ;

2013, 2711 ; 2017, 1960 , 2037 ,

2721 ;

2023, 478 )

NRS 355.140

NRS

355.140

Authorized and prohibited investments of state money.

In addition to other investments provided for by a specific statute, the following bonds and other securities are proper and lawful investments of any of the money of this state, of its various departments, institutions and agencies, and of the State Insurance Fund:

(a) Bonds and certificates of the United States;

(b) Bonds, notes, debentures and loans if they are underwritten by or their payment is guaranteed by the United States;

(c) Obligations or certificates of the United States Postal Service, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Agricultural Mortgage Corporation, the Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation or the Student Loan Marketing Association, whether or not guaranteed by the United States;

(d) Bonds of this state or other states of the Union;

(e) Bonds of any county of this state or of other states;

(f) Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds if those bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;

(g) General obligation bonds of irrigation districts and drainage districts in this state which are liens upon the property within those districts, if the value of the property is found by the board or commission making the investments to render the bonds financially sound over all other obligations of the districts;

(h) Bonds of school districts within this state;

(i) Bonds of any general improvement district whose population is 200,000 or more and which is situated in two or more counties of this state or of any other state, if:

(1) The bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation; and

(2) That property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of the district;

(j) Medium-term obligations for counties, cities and school districts authorized pursuant to chapter 350 of NRS;

(k) Loans bearing interest at a rate determined by the State Board of Finance when secured by first mortgages on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances;

(l) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, excluding such money thereof as has been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof;

(m) Negotiable certificates of deposit issued by commercial banks, insured credit unions, savings and loan associations or savings banks;

(n) Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve banks or trust companies which are members of the Federal Reserve System, except that acceptances may not exceed 180 days maturity, and may not, in aggregate value, exceed 25 percent of the total par value of the portfolio as determined at the time of purchase;

(o) Commercial paper issued by a corporation, trust or limited-liability company organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:

(1) At the time of purchase has a remaining term to maturity of not more than 270 days; and

(2) Is rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better,

Ê except that investments pursuant to this paragraph may not, in aggregate value, exceed 25 percent of the total par value of the portfolio as determined at the time of purchase. If the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, the State Treasurer shall take such action as he or she deems appropriate to preserve the principal value and integrity of the portfolio as a whole and report to the State Board of Finance any action taken by the State Treasurer pursuant to this paragraph;

(p) Notes, bonds and other unconditional obligations for the payment of money, except certificates of deposit that do not qualify pursuant to paragraph (m), issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any state and operating in the United States that:

(1) Are purchased from a registered broker-dealer;

(2) At the time of purchase have a remaining term to maturity of not more than 5 years; and

(3) Are rated by a nationally recognized rating service as A or its equivalent, or better,

(q) A bond, note or other obligation issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, the International Finance Corporation or the Inter-American Development Bank that:

(1) Is denominated in United States dollars;

(2) Is a senior unsecured unsubordinated obligation;

(3) At the time of purchase has a remaining term to maturity of 5 years or less; and

(4) Is rated by a nationally recognized rating service as AA or its equivalent, or better,

Ê except that investments pursuant to this paragraph may not, in aggregate value, exceed 15 percent of the total par value of the portfolio as determined at the time of purchase;

(r) A bond, note or other obligation publicly issued in the United States by a foreign financial institution, corporation or government that:

(1) Is denominated in United States dollars;

(2) Is a senior unsecured unsubordinated obligation;

(3) Is registered with the Securities and Exchange Commission in accordance with the provisions of the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., as amended;

(4) Is purchased from a registered broker-dealer;

(5) At the time of purchase has a remaining term to maturity of 5 years or less; and

(6) Is rated by a nationally recognized rating service as A or its equivalent, or better,

Ê except that investment pursuant to this paragraph may not, in aggregate value, exceed 10 percent of the total par value of the portfolio as determined at the time of purchase;

(s) Money market mutual funds which:

(1) Are registered with the Securities and Exchange Commission;

(2) Are rated by a nationally recognized rating service as AAA or its equivalent; and

(3) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities;

(t) Collateralized mortgage obligations that are rated by a nationally recognized rating service as AAA or its equivalent; and

(u) Asset-backed securities that are rated by a nationally recognized rating service as AAA or its equivalent.

Repurchase agreements and reverse-repurchase agreements are proper and lawful investments of money of the State and the State Insurance Fund for the purchase or sale of securities which are negotiable and of the types listed in subsection 1 if made in accordance with the following conditions:

(a) The State Treasurer shall designate in advance and thereafter maintain a list of qualified counterparties which:

(1) Regularly provide audited and, if available, unaudited financial statements to the State Treasurer;

(2) The State Treasurer has determined to have adequate capitalization and earnings and appropriate assets to be highly credit worthy; and

(3) Have executed a written master repurchase agreement or master reverse-repurchase agreement, as applicable, in a form satisfactory to the State Treasurer and the State Board of Finance pursuant to which all repurchase agreements or reverse-repurchase agreements are entered into. The master repurchase agreement and master reverse-repurchase agreement must require the prompt delivery to the State Treasurer and the appointed custodian of written confirmations of all transactions conducted thereunder, and must be developed giving consideration to the Federal Bankruptcy Act, 11 U.S.C. §§ 101 et seq.

(b) In all repurchase agreements:

(1) At or before the time money to pay the purchase price is transferred, title to the purchased securities must be recorded in the name of the appointed custodian, or the purchased securities must be delivered with all appropriate, executed transfer instruments by physical delivery to the custodian;

(2) The State must enter into a written contract with the custodian appointed pursuant to subparagraph (1) which requires the custodian to:

(I) Disburse cash for repurchase agreements only upon receipt of the underlying securities;

(II) Notify the State when the securities are marked to the market if the required margin on the agreement is not maintained;

(III) Hold the securities separate from the assets of the custodian; and

(IV) Report periodically to the State concerning the market value of the securities;

(3) The market value of the purchased securities must exceed 102 percent of the repurchase price to be paid by the counterparty and the value of the purchased securities must be marked to the market weekly;

(4) The date on which the securities are to be repurchased must not be more than 90 days after the date of purchase; and

(5) The purchased securities must not have a term to maturity at the time of purchase in excess of 10 years.

(1) The State must enter into a written contract with the appointed custodian which authorizes the custodian to transfer the securities underlying the reverse-repurchase agreement only at or after the time at which money to pay the purchase price of the securities is transferred to the custodian;

(2) The date on which the State commits to repurchase a security purchased by a counterparty or securities of the same issuer, description, issue date and maturity must not be more than 90 days after the date on which the counterparty purchased the securities from the State; and

(3) Money received by the custodian pursuant to subparagraph (1) may be used by the State only to purchase securities whose maturity matches or is not longer than the term of the reverse-repurchase agreement.

As used in this section:

(a) Counterparty means a bank organized and operating or licensed to operate in the United States pursuant to federal or state law or a securities dealer which is:

(1) A registered broker-dealer;

(2) Designated by the Federal Reserve Bank of New York as a primary dealer in United States government securities; and

(3) In full compliance with all applicable capital requirements.

(b) Repurchase agreement means a purchase of securities by the State or State Insurance Fund from a counterparty which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.

(c) Reverse-repurchase agreement means a purchase of securities by a counterparty from the State which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.

[1:191:1943; A 1951, 318 ; 1953, 38 , 586 ;

1954, 5 ]—(NRS A 1959, 35 , 423 ;

1967, 1712 ; 1971, 269 ; 1973, 16 , 334 ,

1090 ;

1981, 489 ; 1983, 961 ; 1985, 353 ; 1989, 2178 ; 1991, 346 , 471 ,

499 ;

1993, 2283 ; 1995, 167 , 1820 ;

1997, 1282 ; 1999, 798 , 1477 ,

1821 ;

2001, 2293 ; 2019, 657 ; 2021, 456 , 1938 ;

2023, 1025 )

NRS 355.150

NRS

355.150

Determinations to be made before investment; opinion of Attorney General.

Before making any investment in the bonds and other securities designated in NRS 355.140 , the State Board of Finance, or other board, commission or agency of the State contemplating the making of any such investments shall make due and diligent inquiry as to:

(a) Whether the bonds of such federal agencies are actually underwritten or payment thereof is guaranteed by the United States.

(b) The financial standing and responsibility of the state or states, county or counties, incorporated cities, irrigation districts, drainage districts, school districts, and general improvement districts in the bonds or securities of which such investments are contemplated or are to be made.

(c) Whether such bonds and other securities are valid and duly authorized and issued, and the proceedings incident thereto have been fully complied with.

(d) The financial standing and responsibility of the person or persons, company or companies, corporation or corporations to whom or to which such loans are contemplated.

(e) The value of the lands so mortgaged.

Such commission, board or other state agency shall require the Attorney General:

(a) To give his or her legal opinion in writing as to:

(1) The validity of any laws under which such bonds or securities are issued and authorized and in which such investments are contemplated.

(2) The validity of such bonds or other securities.

(b) To examine and pass upon and to give his or her official opinion in writing upon the title and abstract of title or title insurance of all agricultural lands so mortgaged to secure such loans.

Unless such commission, board or other state agency is satisfied from such inquiry and opinion that the bonds of such federal agencies are underwritten or payment thereof guaranteed by the United States and of the financial standing and responsibility of the state, county, incorporated city or district issuing such bonds, then such commission, board or other state agency shall not invest such funds therein, but if satisfied, such commission, board or other state agency may, at its option, so invest such funds in such bonds.

[2:191:1943; 1943 NCL § 7058.01]—(NRS A 1967, 1713 ; 1979, 1641 ; 1981, 1525 ; 1999, 1825 )

NRS 361.060

NRS

361.060

Property of counties, cities, towns, Nevada Rural Housing Authority and certain other political subdivisions exempted.

All lands and other property owned by the Nevada Rural Housing Authority or any county, domestic municipal corporation, irrigation drainage or reclamation district or town in this state are exempt from taxation, except as otherwise provided in NRS 539.213 with respect to certain community pastures.
Real property acquired on or after July 1, 2003, by a conservation district pursuant to NRS 548.393 is exempt from taxation.

[Part 1:344:1953; A 1954, 29 ; 1955, 340 ]—(NRS A 1967, 1125 ; 1995, 816 ; 2003, 1683 )

NRS 361.068

NRS

361.068

Business inventories and consumables, livestock, bees, certain pipe and agricultural equipment, boats, campers, fine art for public display and certain personal property of nonresidents exempted; establishment of de minimis exemption for personal property.

The following personal property is exempt from taxation:

(a) Personal property held for sale by a merchant;

(b) Personal property held for sale by a manufacturer;

(c) Raw materials and components held by a manufacturer for manufacture into products, and supplies to be consumed in the process of manufacture;

(d) Tangible personal property purchased by a business which will be consumed during the operation of the business;

(e) Livestock;

(f) Colonies of bees;

(g) Pipe and other agricultural equipment used to convey water for the irrigation of legal crops;

(h) All boats;

(i) Slide-in campers and camper shells;

(j) Except as otherwise provided in NRS 361.186 , fine art for public display; and

(k) All personal property that is:

(1) Owned by a person who is not a resident of this state; and

(2) Located in this state solely for the purposes of:

(I) An exhibit that is used in a convention or tradeshow that is located in this State; or

(II) A display, exhibition, carnival, fair or circus that is transient in nature and is located in this State for not more than 30 days.

The Nevada Tax Commission may exempt from taxation that personal property for which the annual taxes would be less than the cost of collecting those taxes. If such an exemption is provided, the Nevada Tax Commission shall annually determine the average cost of collecting property taxes in this state which must be used in determining the applicability of the exemption.
A person claiming the exemption provided for in paragraph (j) of subsection 1 shall:

(a) On or before June 15 for the next ensuing fiscal year, file with the county assessor an affidavit declaring that the fine art will, during that ensuing fiscal year, meet all the criteria set forth in paragraph (b) of subsection 4; and

(b) During any fiscal year in which the person claims the exemption, make available for educational purposes and not for resale, upon written request and without charge to any public school as defined in NRS 385.007 , private school as defined in NRS 394.103 and parent of a child who receives instruction in a home pursuant to NRS 392.070 , one copy of a poster depicting the fine art that the facility has on public display if such a poster is available for purchase by the public at the time of the request.

As used in this section:

(a) Boat includes any vessel or other watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water.

(b) Fine art for public display:

(1) Except as otherwise provided in subparagraph (2), means a work of art which:

(I) Is an original painting in oil, mineral, water colors, vitreous enamel, pastel or other medium, an original mosaic, drawing or sketch, an original sculpture of clay, textiles, fiber, wood, metal, plastic, glass or a similar material, an original work of mixed media or a lithograph;

(II) Was purchased in an arms length transaction for $25,000 or more, or has an appraised value of $25,000 or more;

(III) Is on public display in a public or private art gallery, museum or other building or area in this state for at least 20 hours per week during at least 35 weeks of each year for which the exemption is claimed or, if the facility displaying the fine art disposes of it before the end of that year, during at least two-thirds of the full weeks during which the facility had possession of it, or if the gallery, museum or other building or area in which the fine art will be displayed will not be opened until after the beginning of the fiscal year for which the exemption is claimed, these display requirements must be met for the first full fiscal year after the date of opening, and the date of opening must not be later than 2 years after the purchase of the fine art being displayed; and

(IV) Is on display in a facility that is available for group tours by pupils or students for at least 5 hours on at least 60 days of each full year for which the exemption is claimed, during which the facility in which it is displayed is open, by prior appointment and at reasonable times, without charge; and

(2) Does not include:

(I) A work of fine art that is a fixture or an improvement to real property;

(II) A work of fine art that constitutes a copy of an original work of fine art, unless the work is a lithograph that is a limited edition and that is signed and numbered by the artist;

(III) Products of filmmaking or photography, including, without limitation, motion pictures;

(IV) Literary works;

(V) Property used in the performing arts, including, without limitation, scenery or props for a stage; or

(VI) Property that was created for a functional use other than, or in addition to, its aesthetic qualities, including, without limitation, a classic or custom-built automobile or boat, a sign that advertises a business, and custom or antique furniture, lamps, chandeliers, jewelry, mirrors, doors or windows.

(1) Meets the requirements of sub-subparagraphs (I) and (II) of subparagraph (1) of paragraph (b);

(2) Is made available for sale within 2 years after it is acquired; and

(3) Is made available for viewing by the public or prospective purchasers, or both, within 2 years after it is acquired, whether or not a fee is charged for viewing it and whether or not it is also used for purposes other than viewing.

(d) Public display means the display of a work of fine art where members of the public have access to the work of fine art for viewing during publicly advertised hours. The term does not include the display of a work of fine art in an area where the public does not generally have access, including, without limitation, a private office, hallway or meeting room of a business, a room of a business used for private lodging and a private residence.

(e) Pupil means a person who:

(1) Is enrolled for the current academic year in a public school as defined in NRS 385.007 or a private school as defined in NRS 394.103 ; or

(2) Receives instruction in a home and is excused from compulsory enrollment and attendance pursuant to NRS 392.070 .

(f) Student means a person who is enrolled for the current academic year in:

(1) A community college or university; or

(2) A licensed postsecondary educational institution as defined in NRS 394.099

and a course concerning fine art.

(Added to NRS by 1979, 79 ; A 1983, 1191 ; 1987, 854 ; 1989, 169 ; 1995, 152 , 2709 ;

1997, 1197 , 1569 ,

2979 ;

1999, 623 , 624 ,

3198 ,

3201 ;

2001, 229 , 1541 ,

1543 ;

2017, 2871 ; 2023, 1222 )

NRS 361.070

NRS

361.070

Drainage ditches, canals and irrigation systems exempted.

Drainage ditches and canals, together with the lands which are included in the rights-of-way of the ditch or canal, are exempted from taxation and must be excluded from the assessed value of the parcel unless otherwise requested by the owner of the property.
Each part of a permanently installed irrigation system of pipes or concrete linings of ditches and headgates to increase efficiency and conservation in the use of water, when the water is to be used for irrigation and agricultural purposes on land devoted to agricultural purposes by the owner of the pipes or concrete linings is exempted from taxation and must be excluded from the assessed value of the parcel.

[Part 1:344:1953; A 1954, 29 ; 1955, 340 ]—(NRS A 1989, 1817 ; 1991, 2090 )

NRS 361.233

NRS

361.233

Assessment and valuation of real property within common-interest community.

Notwithstanding any other provision of law, if a community association provides such information as the county assessor determines to be necessary to identify each community unit in the common-interest community:

(a) Any ad valorem taxes or special assessments assessed upon any real property within a common-interest community:

(1) Must be assessed upon the community units and not upon the common-interest community as a whole; and

(2) Must not be assessed upon any common elements of the common-interest community.

(b) Except as otherwise provided in subsection 2, the taxable value of each parcel:

(1) Composed solely of a community unit must consist of:

(I) The taxable value of that community unit; and

(II) A percentage of the taxable value of all the common elements of that common-interest community which is equal to 1 divided by the total number of community units in that common-interest community; or

(2) Composed of a community unit and any

portion of the common elements of the common-interest community must consist of:

(I) The taxable value of that community unit only; and

If a community association does not provide such information as the county assessor determines to be necessary to identify each community unit in the common-interest community, any ad valorem taxes and special assessments upon real property must be assessed upon the common elements of the common-interest community, and the taxable value of the common elements is the sum of the taxable value of all the common elements of that common-interest community.
If the declaration for a common-interest community or, in the absence of such a declaration, the recorded deeds for the community units of a common-interest community:

(a) Provide for the allocation to the community units of, except for any minor variations because of rounding, all the interests in the common elements of the common-interest community; or

(b) Do not provide for the allocation described in paragraph (a) but provide for the allocation to the community units of, except for any minor variations because of rounding, all the liabilities for the common expenses of the common-interest community,

Ê and the formula for allocation provided in the declaration or deeds differs from the formula for allocation set forth in sub-subparagraph (II) of subparagraph (1) of paragraph (b) of subsection 1 and sub-subparagraph (II) of subparagraph (2) of paragraph (b) of subsection 1, those sub-subparagraphs do not apply to the common-interest community, and the taxable value of the common elements of the common-interest community must be allocated to the community units in accordance with the formula for allocation provided in the declaration or deeds.

The Nevada Tax Commission shall adopt such regulations as it determines to be appropriate to ensure that this section is carried out in a uniform and equal manner that does not result in the double taxation of any common elements of a common-interest community.
For the purposes of this section:

(a) Ad valorem tax means an ad valorem tax levied by any governmental entity or political subdivision in this State on or after July 1, 2006.

(b) Common elements means the physical portion of a common-interest community, including, without limitation, any landscaping, swimming pools, fitness centers, community centers, maintenance and service areas, parking areas, hallways, elevators and mechanical rooms, which is:

(1) Intended for the general benefit of and potential use by all the owners of the community units and their invitees; and

(2) Owned:

(I) By the community association;

(II) By any person on behalf or for the benefit of the owners of the community units; or

(III) Jointly by the owners of the community units.

(c) Common-interest community means real property with respect to which a person, by virtue of his or her ownership of a community unit, is obligated to pay for any real property other than that unit. The term includes a common-interest community governed by the provisions of chapter 116 of NRS, a condominium hotel governed by the provisions of chapter 116B of NRS, a condominium project governed by the provisions of chapter 117 of NRS and any time-share project, planned unit development or other real property which is organized as a common-interest community in this State.

(d) Community association means an association whose membership:

(1) Consists exclusively of the owners of the community units or their elected or appointed representatives; and

(2) Is a required condition of the ownership of a community unit.

(e) Community unit means a physical portion of a common-interest community, other than the common elements, which is:

(1) Designated for separate ownership or occupancy;

(2) Intended for:

(I) Residential use by the owner of that unit and his or her invitees; or

(II) Commercial use by the owner of that unit for the generation of revenue from any persons other than the owners of community units in that common-interest community and their invitees; and

(3) Identified by the community association as a community unit for the purpose of distributing the taxable value of the common elements to the community units pursuant to subsection 1.

(f) Declaration means any instrument, however denominated, that creates a common-interest community, including any amendment to an instrument.

(g) Special assessment means a special assessment levied by any governmental entity or political subdivision in this State on or after July 1, 2006.

(Added to NRS by 2005, 1231 ; A 2007, 1883 , 2292 ;

2011, 3519 ; 2015, 1205 )

NRS 361.590

NRS

361.590

Contents, recordation and effect of deeds to county treasurer as trustee after period of redemption; presumption of legality of proceedings.

If a property described in a certificate is not redeemed within the time allowed by law for its redemption, the tax receiver or his or her successor in office shall make to the county treasurer as trustee for the State and county a deed of the property, reciting in the deed substantially the matters contained in the certificate of sale or, in the case of a conveyance under NRS 361.604 , the order of the board of county commissioners, and that no person has redeemed the property during the time allowed for its redemption.
The deed must be recorded in the office of the county recorder within 30 days after the date of expiration of the period of redemption.
All such deeds are, except as against actual fraud, conclusive evidence that:

(a) The property was assessed as required by law.

(b) The property was equalized as required by law.

(d) The taxes were not paid.

(e) At a proper time and place a certificate of delinquency was filed as prescribed by law, and by the proper officer.

(f) If, pursuant to NRS 361.567 , the tax receiver has elected to use an expedited procedure for the sale of the property, the property was abandoned.

(g) The property was not redeemed.

(h) The person who executed the deed was the proper officer.

Such deeds are, except as against actual fraud, conclusive evidence of the regularity of all other proceedings, from the assessment by the county assessor to the execution of the deed.
Except as otherwise provided by specific statute, the deed conveys to the county treasurer as trustee for the State and county the property described therein, free of all encumbrances, except any easements of record for public utility purposes, any lien for taxes or assessments by any irrigation or other district for irrigation or other district purposes, and any interest and penalties on the property, except when the land is owned by the United States or this State, in which case it is prima facie evidence of the right of possession accrued as of the date of the deed to the purchaser, but without prejudice to the lien for other taxes or assessments or the claim of any such district for interest or penalties.
No tax assessed upon any property, or sale therefor, may be held invalid by any court of this State on account of:

(a) Any irregularity in any assessment;

(b) Any assessment or tax roll not having been made or proceeding had within the time required by law; or

(c) Any other irregularity, informality, omission, mistake or want of any matter of form or substance in any proceedings which the Legislature might have dispensed with in the first place if it had seen fit so to do, and that does not affect the substantial property rights of persons whose property is taxed.

Ê All such proceedings in assessing and levying taxes, and in the sale and conveyance therefor, must be presumed by all the courts of this State to be legal until the contrary is shown affirmatively.

[Part 37:344:1953]—(NRS A 1979, 466 ; 1981, 565 ; 1999, 200 ; 2005, 1347 ; 2007, 2508 ; 2019, 752 )

NRS 361.635

NRS

361.635

Preparation and delivery of certified lists of delinquencies to district attorney; commencement of action.

Not later than the second Monday in June, the county treasurer:

(a) May, and shall when directed by the board of county commissioners, prepare and deliver to the district attorney of the county a list certified by the county treasurer of all accumulated delinquent taxes, exclusive of penalties and assessments of benefits of irrigation districts, of the sum of $3,000 or more.

(b) May prepare and deliver to the district attorney of the county, a list certified by the county treasurer of all accumulated delinquent taxes, exclusive of penalties and assessments of benefits of irrigation districts, of the sum of $1,000 or more but less than $3,000.

If the delinquent taxes specified in the certified list, and penalties, interest and costs, are not paid to the county treasurer as ex officio tax receiver within 20 days after the date of delivery of the certified list to the district attorney, the district attorney may, and shall when directed by the board of county commissioners, immediately commence an action for the collection of the delinquent taxes, penalties, interest and costs.
The remedy prescribed by this section is in addition to any other remedies provided by law for the collection of delinquent taxes, penalties, interest and costs.

[41:344:1953]—(NRS A 1967, 174 ; 1977, 573 ; 1995, 831 ; 2007, 2512 )

NRS 37.010

NRS

37.010

Public uses for which eminent domain may be exercised.

Subject to the provisions of this chapter and the limitations in subsections 2 and 3, the right of eminent domain may be exercised in behalf of the following public uses:

(a) Federal activities. All public purposes authorized by the Government of the United States.

(b) State activities. Public buildings and grounds for the use of the State, the Nevada System of Higher Education and all other public purposes authorized by the Legislature.

(c) County, city, town and school district activities. Public buildings and grounds for the use of any county, incorporated city or town, or school district, reservoirs, water rights, canals, aqueducts, flumes, ditches or pipes for conducting water for the use of the inhabitants of any county, incorporated city or town, for draining any county, incorporated city or town, for raising the banks of streams, removing obstructions therefrom, and widening, deepening or straightening their channels, for roads, streets and alleys, and all other public purposes for the benefit of any county, incorporated city or town, or the inhabitants thereof.

(d) Bridges, toll roads, railroads, street railways and similar uses. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and turnpike roads, roads for transportation by traction engines or locomotives, roads for logging or lumbering purposes, and railroads and street railways for public transportation.

(e) Ditches, canals, aqueducts for smelting, domestic uses, irrigation and reclamation. Reservoirs, dams, water gates, canals, ditches, flumes, tunnels, aqueducts and pipes for supplying persons, mines, mills, smelters or other works for the reduction of ores, with water for domestic and other uses, for irrigating purposes, for draining and reclaiming lands, or for floating logs and lumber on streams not navigable.

(f) Byroads. Byroads leading from highways to residences and farms.

(g) Public utilities. Lines for telephone, electric light and electric power and sites for plants for electric light and power.

(h) Sewerage. Sewerage of any city, town, settlement of not less than 10 families or any public building belonging to the State or college or university.

(i) Water for generation and transmission of electricity. Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes for supplying and storing water for the operation of machinery to generate and transmit electricity for power, light or heat.

(j) Cemeteries, public parks. Cemeteries or public parks.

(k) Pipelines for petroleum products, natural gas. Pipelines for the transportation of crude petroleum, petroleum products or natural gas, whether interstate or intrastate.

(l) Aviation. Airports, facilities for air navigation and aerial rights-of-way.

(m) Monorails. Monorails and any other overhead or underground system used for public transportation.

(n) Video service providers. Video service providers that are authorized pursuant to chapter 711 of NRS to operate a video service network. The exercise of the power of eminent domain may include the right to use the wires, conduits, cables or poles of any public utility if:

(1) It creates no substantial detriment to the service provided by the utility;

(2) It causes no irreparable injury to the utility; and

(3) The Public Utilities Commission of Nevada, after giving notice and affording a hearing to all persons affected by the proposed use of the wires, conduits, cables or poles, has found that it is in the public interest.

(o) Redevelopment. The acquisition of property pursuant to chapter 279 of NRS.

Notwithstanding any other provision of law and except as otherwise provided in this subsection, the public uses for which private property may be taken by the exercise of eminent domain do not include the direct or indirect transfer of any interest in the property to another private person or entity. Property taken by the exercise of eminent domain may be transferred to another private person or entity in the following circumstances:

(a) The entity that took the property transfers the property to a private person or entity and the private person or entity uses the property primarily to benefit a public service, including, without limitation, a utility, railroad, public transportation project, pipeline, road, bridge, airport or facility that is owned by a governmental entity.

(b) The entity that took the property leases the property to a private person or entity that occupies an incidental part of an airport or a facility that is owned by a governmental entity and, before leasing the property:

(1) Uses its best efforts to notify the person from whom the property was taken that the property will be leased to a private person or entity that will occupy an incidental part of an airport or facility that is owned by a governmental entity; and

(2) Provides the person from whom the property was taken with an opportunity to bid or propose on any such lease.

(1) Took the property in order to acquire property that was abandoned by the owner, abate an immediate threat to the safety of the public or remediate hazardous waste; and

(2) Grants a right of first refusal to the person from whom the property was taken that allows that person to reacquire the property on the same terms and conditions that are offered to the other private person or entity.

(d) The entity that took the property exchanges it for other property acquired or being acquired by eminent domain or under the threat of eminent domain for roadway or highway purposes, to relocate public or private structures or to avoid payment of excessive compensation or damages.

(e) The person from whom the property is taken consents to the taking.

The entity that is taking property by the exercise of eminent domain has the burden of proving that the taking is for a public use.
For the purposes of this section, an airport authority or any public airport is not a private person or entity.

[1911 CPA § 664; A 1921, 262 ; 1937, 351 ; 1931 NCL § 9153]—(NRS A 1961, 170 ; 1967, 868 , 1228 ;

1969, 246 ; 1977, 652 ; 1983, 2008 ; 1985, 2080 ; 1987, 1297 ; 1993, 361 ; 1997, 1961 , 3365 ;

1999, 677 , 679 ;

2007, 332 , 1375 ;

2011, 57 ; 2013, 1957 )

NRS 372.281

NRS

372.281

Farm machinery and equipment.

There are exempted from the taxes imposed by this Act the gross receipts from the sale, storage, use or other consumption in a county of farm machinery and equipment.
As used in this section:

(a) Farm machinery and equipment means a farm tractor, implement of husbandry, piece of equipment used for irrigation, or a part used in the repair or maintenance of farm machinery and equipment. The term does not include:

(1) A vehicle required to be registered pursuant to the provisions of chapter 482 or 706 of NRS; or

(2) Machinery or equipment only incidentally employed for agricultural purposes.

(b) Farm tractor means a motor vehicle designed and used primarily for drawing an implement of husbandry.

(c) Implement of husbandry means a vehicle that is designed, adapted or used for agricultural purposes, including, without limitation, a plow, machine for mowing, hay baler, combine, piece of equipment used to stack hay, till, harvest, handle agricultural commodities or apply fertilizers, or other heavy, movable equipment designed, adapted or used for agricultural purposes.

[55.5:397:1955]—(Added in 2006. Proposed by the 2005 Legislature; adopted by the people at the 2006 General Election, effective January 1, 2007. See Statutes of Nevada 2005, p. 2493.)

NRS 374.2861

NRS

374.2861

Farm machinery and equipment.

There are exempted from the taxes imposed by this chapter the gross receipts from the sale, storage, use or other consumption in a county of farm machinery and equipment.
As used in this section:

(1) A vehicle required to be registered pursuant to the provisions of chapter 482 or 706 of NRS; or

(2) Machinery or equipment only incidentally employed for agricultural purposes.

(b) Farm tractor means a motor vehicle designed and used primarily for drawing an implement of husbandry.

(Added to NRS by 2005, 2486 )

NRS 386.428

NRS

386.428

Certification required for certain employees; requirements for valid certification.

If a certification in integrated pest management that meets the requirements of subsection 2 is available at no additional cost to a school district, the board of trustees of each school district must ensure that at least 10 percent of the employees of the school district who provide custodial or maintenance services hold such a certification.
A certification in integrated pest management is valid for the purposes of subsection 1 if the certification was issued by a nonprofit organization that:

(a) Is recognized nationally or internationally;

(b) Has at least 15 years of experience providing education and training to school employees concerning management of pests in structures and landscape;

(d) Requires a majority of its officers and board of directors to hold an advanced degree in a field related to pest management and a certification or other credential in integrated pest management; and

(e) Provides training that is required for the certification in a manner that is accessible in-person or remotely.

(Added to NRS by 2019, 1942 )

TRANSPORTATION

NRS 393.045

NRS

393.045

Confidentiality of blueprint of public school; conditions under which disclosure authorized.

Except as otherwise provided in NRS 239.0115 , a blueprint of a public school, including, without limitation, a charter school or university school for profoundly gifted pupils, or any revision thereto, is confidential and:

(a) Must be disclosed in its most current version to a public safety agency upon its request.

(b) May be disclosed, upon request, to:

(1) An architect registered pursuant to chapter 623 of NRS, a landscape architect registered pursuant to chapter 623A of NRS, a contractor licensed pursuant to chapter 624

of NRS, a professional engineer or professional land surveyor licensed pursuant to chapter 625 of NRS or a designated employee of any such architect, landscape architect, contractor, professional engineer or professional land surveyor who uses the blueprint in his or her professional capacity for a purpose related to the public school; or

(2) Any other person or governmental entity if necessary for a purpose related to the public school.

A person or governmental entity to which a blueprint is disclosed pursuant to this section shall not disclose the blueprint except pursuant to the provisions of NRS 239.0115 .
As used in this section, public safety agency means:

(a) A public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to prevent, control, extinguish or suppress fires;

(b) A law enforcement agency as defined in NRS 277.035 ; or

(Added to NRS by 2019, 1062 )

NRS 40.605

NRS

40.605

Appurtenance defined.

Appurtenance means a structure, installation, facility, amenity or other improvement that is appurtenant to or benefits one or more residences, but is not a part of the dwelling unit. The term includes, without limitation, the parcel of real property, recreational facilities, golf courses, walls, sidewalks, driveways, landscaping, common elements and limited common elements other than those described in NRS 116.2102 , and other structures, installations, facilities and amenities associated with or benefiting one or more residences.
As used in this section:

(a) Common elements has the meaning ascribed to it in NRS 116.017 .

(b) Limited common element has the meaning ascribed to it in NRS 116.059 .

(Added to NRS by 1995, 2539 ; A 1997, 2716 ; 1999, 1440 )

NRS 40.615

NRS

40.615

Constructional defect defined.

Constructional defect means a defect in the design, construction, manufacture, repair or landscaping of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance and includes, without limitation, the design, construction, manufacture, repair or landscaping of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance:

Which presents an unreasonable risk of injury to a person or property; or
Which is not completed in a good and workmanlike manner and proximately causes physical damage to the residence, an appurtenance or the real property to which the residence or appurtenance is affixed.

(Added to NRS by 1995, 2539 ; A 2003, 2041 ; 2015, 9 )

NRS 40.620

NRS

40.620

Contractor defined.

Contractor means a person who, with or without a license issued pursuant to chapter 624 of NRS, by himself or herself or through the persons agents, employees or subcontractors:

Develops, constructs, alters, repairs, improves or landscapes a residence, appurtenance or any part thereof;
Develops a site for a residence, appurtenance or any part thereof; or
Sells a residence or appurtenance, any part of which the person, by himself or herself or through the persons agents, employees or subcontractors, has developed, constructed, altered, repaired, improved or landscaped.

(Added to NRS by 1995, 2539 ; A 1997, 2717 )

NRS 40.6884

NRS

40.6884

Attorney required to consult expert; required affidavit of attorney; required report of expert.

Except as otherwise provided in subsection 2, in an action governed by NRS 40.600 to 40.695 , inclusive, that is commenced against a design professional or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture, including, without limitation, an action for professional negligence, the attorney for the complainant shall file an affidavit with the court concurrently with the service of the first pleading in the action stating that the attorney:

(a) Has reviewed the facts of the case;

(b) Has consulted with an expert;

(c) Reasonably believes the expert who was consulted is knowledgeable in the relevant discipline involved in the action; and

(d) Has concluded on the basis of the attorneys review and the consultation with the expert that the action has a reasonable basis in law and fact.

The attorney for the complainant may file the affidavit required pursuant to subsection 1 at a later time if the attorney could not consult with an expert and prepare the affidavit before filing the action without causing the action to be impaired or barred by the statute of limitations or repose, or other limitations prescribed by law. If the attorney must submit the affidavit late, the attorney shall file an affidavit concurrently with the service of the first pleading in the action stating the attorneys reason for failing to comply with subsection 1 and the attorney shall consult with an expert and file the affidavit required pursuant to subsection 1 not later than 45 days after filing the action.
In addition to the statement included in the affidavit pursuant to subsection 1, a report must be attached to the affidavit. Except as otherwise provided in subsection 4, the report must be prepared by the expert consulted by the attorney and include, without limitation:

(a) The resume of the expert;

(b) A statement that the expert is experienced in each discipline which is the subject of the report;

(c) A copy of each nonprivileged document reviewed by the expert in preparing the experts report, including, without limitation, each record, report and related document that the expert has determined is relevant to the allegations of negligent conduct that are the basis for the action;

(d) The conclusions of the expert and the basis for the conclusions; and

(e) A statement that the expert has concluded that there is a reasonable basis for filing the action.

In an action brought by a claimant in which an affidavit is required to be filed pursuant to subsection 1:

(a) The report required pursuant to subsection 3 is not required to include the information set forth in paragraphs (c) and (d) of subsection 3 if the claimant or the claimants attorney files an affidavit, at the time that the affidavit is filed pursuant to subsection 1, stating that the claimant or the claimants attorney made reasonable efforts to obtain the nonprivileged documents described in paragraph (c) of subsection 3, but was unable to obtain such documents before filing the action;

(b) The claimant or the claimants attorney shall amend the report required pursuant to subsection 3 to include any documents and information required pursuant to paragraph (c) or (d) of subsection 3 as soon as reasonably practicable after receiving the document or information; and

(c) The court may dismiss the action if the claimant and the claimants attorney fail to comply with the requirements of paragraph (b).

An expert consulted by an attorney to prepare an affidavit pursuant to this section must not be a party to the action.
As used in this section, expert means a person who is licensed in a state to engage in the practice of professional engineering, land surveying, architecture or landscape architecture.

(Added to NRS by 2001 Special Session, 66 )

NRS 40.6885

NRS

40.6885

Effect of compliance with or failure to comply with

NRS 40.6884

The court shall dismiss an action governed by NRS 40.600 to 40.695 , inclusive, that is commenced against a design professional or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture, including, without limitation, an action for professional negligence, if the attorney for the complainant fails to:

(a) File an affidavit required pursuant to NRS 40.6884 ;

(b) File a report required pursuant to subsection 3 of NRS 40.6884 ; or

The fact that an attorney for a complainant has complied or failed to comply with the provisions of NRS 40.6884 is admissible in the action.

(Added to NRS by 2001 Special Session, 67 )

Miscellaneous Provisions

NRS 40.693

NRS

40.693

Contractual provisions requiring subcontractor to indemnify controlling party; wrap-up insurance policies.

In any action or other proceeding involving a constructional defect asserted by a claimant and governed by NRS 40.600 to 40.695 , inclusive:

(a) Except as otherwise provided in paragraph (b), any provision in a contract entered into on or after February 24, 2015, for residential construction that requires a subcontractor to indemnify, defend or otherwise hold harmless a controlling party from any liability, claim, action or cause of action resulting from a constructional defect caused by the negligence, whether active or passive, or intentional act or omission of the controlling party is against public policy and is void and unenforceable.

(b) Except as otherwise provided in paragraph (c), a provision in a contract entered into on or after February 24, 2015, for residential construction is not against public policy and is not void and unenforceable under paragraph (a) to the extent that the provision requires a subcontractor to indemnify, defend or otherwise hold harmless a controlling party from any liability, claim, action or cause of action resulting from a constructional defect arising out of, related to or connected with the subcontractors scope of work, negligence, or intentional act or omission.

(c) A provision in a contract entered into on or after February 24, 2015, for residential construction is against public policy and is void and unenforceable under paragraph (a) to the extent that it requires a subcontractor to defend, indemnify or otherwise hold harmless a controlling party from any liability, claim, action or cause of action resulting from a constructional defect arising out of, related to or connected with that portion of the subcontractors work which has been altered or modified by another trade or the controlling party.

(d) Except as otherwise provided in paragraph (e), if a provision of a contract entered into on or after February 24, 2015, for residential construction that requires a subcontractor to indemnify, defend or otherwise hold harmless a controlling party is not against public policy and is not void and unenforceable under this subsection, the duty of the subcontractor to defend the controlling party arises upon presentment of a notice pursuant to subsection 1 of NRS 40.646 containing a particular claim, action or cause of action from which it can be reasonably inferred that an alleged constructional defect was caused by or attributable to the subcontractors work, negligence, or wrongful act or omission.

(e) If a controlling party gives a notice to a subcontractor pursuant to NRS 40.646

that contains a claim, action or cause of action from which it can be reasonably inferred that an alleged constructional defect was caused by or attributable to the subcontractors work, negligence, or wrongful act or omission, the claim, action or cause of action is covered by the subcontractors commercial general liability policy of insurance issued by an insurer, and the controlling party is named as an additional insured under that policy of insurance:

(1) The controlling party, as an additional insured, must pursue available means of recovery of its defense fees and costs under the policy before the controlling party is entitled to pursue a claim against the subcontractor.

(2) Upon the final settlement of or issuance of a final judgment in an action involving a claim for a constructional defect, if the insurer has not assumed the controlling partys defense and reimbursed the controlling party for the defense obligation of the subcontractor, or if the defense obligation is not otherwise resolved by the settlement or final judgment, the controlling party has the right to pursue a claim against the subcontractor for reimbursement of that portion of the attorneys fees and costs incurred by the controlling party which are attributable to the claims, actions or causes of action arising out of, related to or connected with the subcontractors scope of work, negligence, or intentional act or omission.

(3) The provisions of subparagraphs (1) and (2) do not prohibit a controlling party from:

(I) Following the requirements of NRS 40.600 to 40.695 , inclusive, relating to providing notice of an alleged constructional defect or any other procedures set forth in those provisions; or

(II) Filing a third-party complaint against the subcontractor if a claimant commences an action or amends a complaint to add a cause of action for a constructional defect against a controlling party which arises out of, relates to or is otherwise connected with the subcontractors scope of work, negligence, or wrongful act or omission.

For any wrap-up insurance policy or other consolidated insurance program that covers a subcontractor who performs work on residential construction for which a contract is entered into on or after February 24, 2015, for claims, actions or causes of action for a constructional defect governed by NRS 40.600

to 40.695 , inclusive:

(a) The controlling party obtaining the wrap-up insurance policy or other consolidated insurance program shall disclose the total amount or method of calculation of any credit or compensation for the premium required from a subcontractor or other participant for that wrap-up insurance policy in the contract documents.

(b) Except as otherwise provided in paragraph (c), the contract documents must disclose, if and to the extent known:

(1) The policy limits;

(2) The scope of policy coverage;

(3) The policy term;

(4) The basis upon which the deductible or occurrence is triggered by the insurer;

(5) If the policy covers more than one work of improvement, the number of units, if any, indicated on the application for the insurance policy; and

(6) A good faith estimate of the amount of available limits remaining under the policy as of a date indicated in the disclosure obtained from the insurer.

(c) The disclosure requirements of subparagraphs (1) to (4), inclusive, of paragraph (b) may be satisfied by providing the participant with a copy of the binder or declaration.

(d) The disclosures made pursuant to subparagraphs (5) and (6) of paragraph (b):

(1) May be based upon information available at the time the disclosure is made and are not inaccurate or made in bad faith solely because the disclosures do not accurately reflect the actual number of units covered by the policy or the amount of insurance available, if any, when a later claim is made.

(2) Are presumptively made in good faith if:

(I) The disclosure pursuant to subparagraph (5) of paragraph (b) is the same as that contained in the application to the wrap-up insurance policy insurer; and

(II) The disclosure pursuant to subparagraph (6) of paragraph (b) was obtained from the wrap-up insurance policy insurer or broker.

Ê The presumptions stated in subparagraph (2) may be overcome only by a showing that the insurer, broker or controlling party intentionally misrepresented the facts identified in subparagraph (5) or (6) of paragraph (b).

(e) Upon the written request of any participant in the wrap-up insurance policy or consolidated insurance program, a copy of the insurance policy must be provided, if available, that shows the coverage terms and items in subparagraphs (1) to (5), inclusive, of paragraph (b). If the policy is not available at the time of the request, a copy of the insurance binder or declaration of coverage may be provided in lieu of the actual policy.

(f) Any party receiving a copy of the policy, binder or declaration shall not disclose it to third parties other than the participants insurance broker or attorney unless required to do so by law. The participants insurance broker or attorney may not disclose the policy, binder or declaration to any third party unless required to do so by law.

(g) If the controlling party obtaining the wrap-up insurance policy or other consolidated insurance program does not disclose the total amount or method of calculation of the premium credit or compensation to be charged to the participant before the time the participant submits its bid, the participant is not legally bound by the bid unless that participant has the right to increase the bid up to the amount equal to the difference between the amount the participant included, if any, for insurance in the original bid and the amount of the actual bid credit required by the controlling party obtaining the wrap-up insurance policy or other consolidated insurance program. This paragraph does not apply if the controlling party obtaining the wrap-up insurance policy or other consolidated insurance program did not require the subcontractor to offset the original bid amount with a deduction for the wrap-up insurance policy or program.

(h) The subcontractors monetary obligation for enrollment in the wrap-up insurance policy or consolidated insurance program ceases upon the subcontractors satisfaction of its agreed contribution percentage, which may have been paid either as a lump sum or on a pro rata basis throughout the subcontractors performance of the work.

(i) In the event of an occurrence, the dollar amount required to be paid by a subcontractor as a self-insured retention or deductible must not be greater than the amount that the subcontractor would have otherwise been required to pay as a self-insured retention or deductible under a commercial general liability policy of comparable insurance in force during the relevant period for that particular subcontractor and within the specific market at the time the subcontract is entered into.

As used in this section:

(a) Controlling party means a person who owns real property involved in residential construction, a contractor or any other person who is to be indemnified by a provision in a contract entered into on or after February 24, 2015, for residential construction.

(b) Residential construction means the construction of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance.

(c) Wrap-up insurance policy is an insurance policy, or series of policies, written to cover risks associated with the construction, repair or landscaping of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance, and covering two or more of the contractors or subcontractors that work on that construction, repair or landscaping.

(Added to NRS by 2015, 4 )

NRS 407.068

NRS

407.068

Cooperative agreement with state agency or certain political subdivision for operation, establishment or maintenance of certain parks; terms; apportionment of costs.

As used in this section:

(a) Controlling subdivision means any political subdivision of this State, including irrigation, water conservancy and other districts, which owns or controls a site suited to a public park.

(b) Other state agency means any other agency of this State which owns or controls a site suited to a public park or is engaged in park and recreation development.

(d) Using subdivision means any political subdivision of this State which is authorized to establish and maintain public parks.

The Administrator, subject to the approval of the Director, may enter into cooperative agreements for the operation of parks, not a part of the Division but which are of state park caliber, with any other state agency, controlling subdivision or using subdivision, for the primary purpose of establishing or maintaining a park where:

(a) A controlling subdivision is not authorized to establish or maintain parks; or

(b) A using subdivision would be subjected to an unfair financial burden through extensive use of the park by nonresidents of the using subdivision.

Such an agreement must include:

(a) The Division;

(b) The using subdivision in which the site is located; and

Ê The agreement may include any other using subdivision whose residents may be expected to make substantial use of the park.

The Division shall apportion the cost of operation, or the combined state and local shares of the cost if federal funds are also received, as follows:

(a) As between the State and the using subdivision or subdivisions, on the basis of the number of persons residing outside the using subdivisions, as against the number of residents of such subdivisions, who are estimated or anticipated by the Division to use the park.

(b) As between two or more using subdivisions, on the basis of the number of residents of each so estimated or anticipated to use the park.

In addition to the cooperative agreements authorized pursuant to subsection 2, the Administrator, subject to the approval of the Director, may enter into a cooperative agreement with a using subdivision for the purpose of establishing and maintaining a park that:

(a) Is under the jurisdiction of the Division; and

(b) Will be used primarily by residents of the using subdivision.

(Added to NRS by 1965, 1410 ; A 1977, 1132 ; 2003, 1688 , 3222 )

NRS 408.100

NRS

408.100

Declaration of legislative intent.

Recognizing that safe and efficient highway transportation is a matter of important interest to all the people of the State, and that an adequate highway system is a vital part of the national defense, the Legislature hereby determines and declares that:

An integrated system of state highways and roads is essential to the general welfare of the State.
Providing such a system of facilities, its efficient management, maintenance and control is recognized as a problem and as the proper prospective of highway legislation.
Inadequate highways and roads obstruct the free flow of traffic, resulting in undue cost of motor vehicle operation, endangering the health and safety of the citizens of the State, depreciating property values, and impeding general economic and social progress of the State.
In designating the highways and roads of the State as provided in this chapter, the Legislature places a high degree of trust in the hands of those officials whose duty it is, within the limits of available funds, to plan, develop, operate, maintain, control and protect the highways and roads of this state, for present as well as for future use.
To this end, it is the express intent of the Legislature to make the Board of Directors of the Department of Transportation custodian of the state highways and roads and to provide sufficiently broad authority to enable the Board to function adequately and efficiently in all areas of appropriate jurisdiction, subject to the limitations of the Constitution and the legislative mandate proposed in this chapter.
The Legislature intends:

(a) To declare, in general terms, the powers and duties of the Board of Directors, leaving specific details to be determined by reasonable regulations and declarations of policy which the Board may promulgate.

(b) By general grant of authority to the Board of Directors to delegate sufficient power and authority to enable the Board to carry out the broad objectives contained in this chapter.

The problem of establishing and maintaining adequate highways and roads, eliminating congestion, reducing crash frequency and taking all necessary steps to ensure safe and convenient transportation on these public ways is no less urgent.
The Legislature hereby finds, determines and declares that this chapter is necessary for the preservation of the public safety, the promotion of the general welfare, the improvement and development of facilities for transportation in the State, and other related purposes necessarily included therein, and as a contribution to the system of national defense.
The words construction, maintenance and administration used in Section 5 of Article 9 of the Constitution of the State of Nevada are broad enough to be construed to include and as contemplating the construction, maintenance and administration of the state highways and roads as established by this chapter and the landscaping, roadside improvements and planning surveys of the state highways and roads.

(Added to NRS by 1957, 664 ; A 1965, 998 ; 1977, 156 ; 1979, 1762 ; 1987, 1798 ; 1989, 1298 ; 2015, 1671 )

DEPARTMENT OF TRANSPORTATION

General Provisions

NRS 41.0305

NRS

41.0305

Political subdivision defined.

As used in NRS 41.0305 to 41.039 , inclusive, the term political subdivision includes an organization that was officially designated as a community action agency pursuant to 42 U.S.C. § 2790 before that section was repealed and is included in the definition of an eligible entity pursuant to 42 U.S.C. § 9902, the Nevada Rural Housing Authority, an airport authority created by special act of the Legislature, a regional transportation commission and a fire protection district, an irrigation district, a school district, the governing body of a charter school, any other special district that performs a governmental function, even though it does not exercise general governmental powers, and the governing body of a university school for profoundly gifted pupils.

(Added to NRS by 1977, 455 ; A 1987, 95 , 701 ,

740 ,

1395 ;

1989, 1723 ; 1993, 1210 ; 1995, 814 ; 1997, 1035 ; 1999, 3319 ; 2001, 826 ; 2005, 2429 ; 2015, 3816 ; 2019, 2014 , 2075 )

NRS 410.097

NRS

410.097

Federal reimbursement prerequisite to continued effectiveness of

NRS 410.095

410.210

, inclusive.

NRS 410.095 to 410.210 , inclusive, shall remain effective only so long as federal-aid highway funds are apportioned to the State of Nevada and the Federal Government reimburses the State in accordance with 23 U.S.C. § 136 for its share of landscaping and screening costs and compensation required for the relocation, removal or disposal of junkyards.

(Added to NRS by 1971, 559 )

NRS 417.200

NRS

417.200

Employment and duties of cemetery superintendent; landscaping.

Subject to the limits provided in paragraph (m) of subsection 1 of NRS 417.090 , the Director shall employ a cemetery superintendent to operate and maintain each veterans cemetery.
The cemetery superintendent shall, if a veteran does not indicate by testamentary instrument that the veteran desires to have the area immediately above and surrounding the interred remains of the veteran landscaped with xeriscaping, or if an application for interment submitted pursuant to NRS 417.210 does not indicate that the veteran desires to have the area immediately above and surrounding the interred remains of the veteran landscaped with xeriscaping, ensure that the area immediately above and surrounding the interred remains of the veteran in the veterans cemetery is landscaped with natural grass.

(Added to NRS by 1987, 991 ; A 1995, 2526 ; 1997, 2589 ; 2009, 1832 ; 2013, 2505 ; 2015, 566 ; 2019, 58 , 131 )

NRS 417.210

NRS

417.210

Eligibility for interment; application; number of and assignment of plots; fee for interment of family member.

A veteran who is eligible for interment in a national cemetery pursuant to the provisions of 38 U.S.C. § 2402 is eligible for interment in a veterans cemetery in this State.
An eligible veteran, or a member of his or her immediate family, or a veterans organization recognized by the Director may apply for a plot in a cemetery for veterans in this State by submitting a request to the cemetery superintendent on a form to be supplied by the cemetery superintendent. The application for interment must provide for a selection to have the area immediately above and surrounding the interred remains of the applicant landscaped with natural grass or xeriscaping. The cemetery superintendent shall assign available plots in the order in which applications are received. A specific plot may not be reserved before it is needed for burial. No charge may be made for a plot or for the interment of a veteran.
One plot is allowed for the interment of each eligible veteran and for each member of his or her immediate family, except where the conditions of the soil or the number of the decedents of the family requires more than one plot.
The Director shall charge a fee for the interment of a family member, but the fee may not exceed the actual cost of interment.
As used in this section, immediate family means the spouse, minor child or, when the Director deems appropriate, the unmarried adult child of an eligible veteran.

(Added to NRS by 1987, 991 ; A 1995, 2526 ; 1997, 2589 ; 2003, 385 ; 2013, 2505 ; 2015, 567 )

NRS 426.630

NRS

426.630

Definitions.

As used in NRS 426.630 to 426.715 , inclusive, unless the context otherwise requires:

Licensee means a person who is blind and who is licensed by the Bureau to operate a vending facility in or on a public building or property or on federal property.
Nevada Committee of Vendors Who Are Blind means the Committee of Vendors Who Are Blind elected pursuant to NRS 426.670 and 34 C.F.R. § 395.14.
Operate means to be responsible for the day-to-day operation of a vending facility, including, without limitation, purchasing products for resale, hiring employees and performing other duties associated with managing a vending facility.
Public building or property:

(a) Except as otherwise provided in paragraph (b), means any portion of any building, land or other real property, owned, leased or occupied by any public entity except public elementary and secondary schools, the Nevada System of Higher Education, the Nevada State Park System, the Department of Corrections, an airport authority operating in this State and a department of aviation which is operated by a political subdivision of this State.

(b) Does not include any building, land or other real property that is:

(1) Leased to a private entity; or

(2) Operated pursuant to an operating agreement,

Ê for the purposes of live entertainment, as defined in NRS 368A.090 .

Public entity means any department, agency or political subdivision of the State, any department or agency of a political subdivision of the State or any public or quasi-public corporation that is supported in whole or in part by public money. The term includes, without limitation, a regional transportation commission, an irrigation district or water district created under the laws of the State of Nevada, and all boards, commissions and committees created by a public entity or the Legislature.
Vending facility means an automatic vending machine, cafeteria, snack bar, cart service, shelter, counter and other appropriate auxiliary equipment that is necessary for the sale of newspapers, periodicals, confections, tobacco products, foods, beverages and other articles or services dispensed or provided automatically or manually. The term includes, without limitation, the vending or exchange of tickets or similar items for participation in any lottery that is authorized under the laws of this State and is conducted by an agency of this State within this State.
Vending Facility Program means the program established by NRS 426.630 to 426.715 , inclusive, to provide for the operation of vending facilities by licensees.

(Added to NRS by 1959, 169 ; A 1961, 330 ; 1963, 921 ; 1965, 772 ; 1967, 1163 ; 1969, 1448 ; 1973, 73 , 1392 ,

1495 ;

1981, 1918 ; 1985, 2313 ; 1987, 1741 ; 1993, 401 ; 2001 Special Session, 239 ; 2021, 840 )

NRS 426.670

NRS

426.670

Powers and duties of Bureau relating to Program; regulations; powers and duties of public entity that has care, custody or control of certain public buildings or property relating to Program; conflicting contractual provisions void.

The Bureau shall:

(a) Make surveys of public buildings and properties to determine their suitability as locations for vending facilities to be operated by licensees and advise the heads of the public entities that have care, custody and control of the public buildings or properties of its findings.

(b) Select, train, license and assign qualified persons who are blind to operate vending facilities.

(c) Except as otherwise provided in this paragraph, execute agreements with licensees to operate vending facilities. The agreements must prescribe the responsibilities of the licensee and the Bureau to ensure the efficient operation of the vending facility. The Bureau shall not execute an agreement which obligates the Bureau, under any circumstances, to make payments on a loan to a licensee.

(d) Provide for the election of the Nevada Committee of Vendors Who Are Blind by licensees in this State in accordance with 34 C.F.R. § 395.14.

(e) Establish and effectuate such regulations as it may deem necessary to carry out the purposes of NRS 426.630 to 426.715 , inclusive, and ensure the proper and satisfactory operation of vending facilities. The regulations must provide a method for setting aside money from the net proceeds of vending facilities and provide for the payment and collection thereof.

If a survey conducted pursuant to paragraph (a) of subsection 1 indicates that a public building or property is a suitable location for a vending facility to be operated by a licensee and the Bureau wishes to exercise, on behalf of the licensee, the priority of the licensee, the public entity that has care, custody and control of the public building or property shall cooperate with the Bureau to discuss options for a vending facility. If the public entity reaches agreement with the Bureau regarding the operation of a vending facility at the location, the public entity shall cooperate with the Bureau to ensure the establishment of one or more vending facilities in or on the public building or property. The Bureau may enter into a contract with such a public entity concerning the operation of the vending facilities.
The Bureau may enter into contracts with third-party vendors to establish and operate vending facilities when a licensee is not available, the projected sales are insufficient to support a licensee or other extenuating circumstances exist. These contracts must include provisions for the payment of money to the Bureau based on net proceeds from the vending facilities. The Bureau may:

(a) Assign the money to licensees for the maintenance of their incomes; or

(b) Use the money for any purpose authorized by NRS 426.675 .

The Bureau may, by regulation, provide:

(a) Methods for recovering the cost of establishing vending facilities.

(b) Penalties for failing to file reports or make payments required by NRS 426.630 to 426.715 , inclusive, or a regulation adopted pursuant to those sections when they are due.

(d) Procedures to terminate the license of a licensee who is improperly operating a vending facility.

(e) A process for providing an opportunity for a hearing for a licensee who is aggrieved by an action of the Bureau.

(f) A process for active participation by the Nevada Committee of Vendors Who Are Blind in major administrative decisions concerning the Vending Facility Program.

A public entity that has care, custody and control of a public building or property in or on which a vending facility is established:

(a) Except as otherwise authorized by a contract entered into pursuant to subsection 6, shall not require the Bureau, a licensee or a third-party vendor to pay any rent, fee, utility charge, commission, incentive or assessment related to the vending facility. Such a prohibited payment includes, without limitation, a fee for the maintenance of landscaping or a common area.

(b) May enter into an agreement with the Bureau to recover the increases in utility costs where there is a direct, measurable and proportional increase in such costs as a result of the operation of the vending facility.

The Bureau may, at its discretion, enter into a contract with a public entity that has care, custody and control of a public building or property that contains provisions that are less restrictive than the provisions of this section, including, without limitation, provisions for the payment of an incentive by a licensee to the public entity, if the Bureau, in its discretion, determines that the circumstances justify such less restrictive provisions. The establishment of a vending facility must not, under any circumstances, be contingent upon the payment of an incentive to a public entity. The Bureau shall not agree to any payment that reduces the profits of the vending facility to the extent that the vending facility is not viable.
Any provision in a lease, licensing agreement, contract or other agreement relating to a vending facility established pursuant to this section that conflicts with this section is void.

(Added to NRS by 1959, 170 ; A 1961, 331 ; 1963, 923 ; 1965, 774 ; 1973, 74 , 1394 ;

1975, 199 ; 1983, 298 ; 1993, 103 ; 2013, 827 ; 2021, 842 )

NRS 43.080

NRS

43.080

Municipality defined.

Municipality means the State of Nevada, or any corporation, instrumentality or other agency thereof, or any incorporated city, any unincorporated town, or any county, school district, conservancy district, drainage district, irrigation district, general improvement district, other corporate district constituting a political subdivision of this State, housing authority, urban renewal authority, other type of authority, the Nevada System of Higher Education, the Board of Regents of the University of Nevada, or any other body corporate and politic of the State of Nevada, but excluding the Federal Government.

(Added to NRS by 1969, 135 ; A 1983, 111 ; 1987, 1717 ; 1993, 362 ; 2005, 362 )

NRS 461.175

NRS

461.175

Minimal standards for plumbing fixtures.

Each manufactured building on which construction begins on or after March 1, 1992, and before March 1, 1993, must incorporate the following minimal standards for plumbing fixtures:

(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 3.5 gallons of water per flush.

(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 3 gallons per minute.

Each manufactured building on which construction begins on or after March 1, 1993, and before January 1, 2020, must incorporate the following minimal standards for plumbing fixtures:

(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 1.6 gallons of water per flush.

(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 2.5 gallons per minute.

Each manufactured building on which construction begins on or after January 1, 2020:

For the purposes of subsection 3, a plumbing fixture is considered certified under the WaterSense program if the fixture meets the requirements of paragraph (a) or (b) of subsection 6 of NRS 278.582 .
Each manufactured building on which construction begins on or after January 1, 2024, and each existing manufactured building which is expanded or renovated on or after January 1, 2024:

For the purposes of subsection 5, a landscape irrigation fixture is considered certified under the WaterSense program if the fixture meets the requirements of paragraph (a) or (b) of subsection 6 of NRS 278.582 .

(Added to NRS by 1991, 1169 ; A 2019, 2103 ; 2023, 1267 )

NRS 472.040

NRS

472.040

Powers and duties; administrative supervision.

The State Forester Firewarden shall:

(a) Supervise or coordinate all forestry, rangeland and watershed work on state-owned and privately owned lands, including fire control, in Nevada, working with federal agencies, private associations, counties, towns, cities or private persons.

(b) Administer all fire control laws and all forestry laws in Nevada outside of townsite boundaries, and perform any other duties designated by the Director of the State Department of Conservation and Natural Resources or by state law.

(c) Assist and encourage county or local fire protection districts to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.

(d) Purchase communication equipment which can use the microwave channels of the state communications system and store this equipment in regional locations for use in emergencies.

(e) Administer money appropriated and grants awarded for fire prevention, fire control and the education of firefighters and award grants of money for those purposes to fire departments and educational institutions in this State.

(f) Determine the amount of wages that must be paid to offenders who participate in conservation camps and who perform work relating to fire fighting and other work projects of conservation camps.

(g) Cooperate with the State Fire Marshal in the enforcement of all laws and the adoption of regulations relating to the prevention of fire through the management of vegetation in this State.

(h) Ensure that any adopted regulations are consistent with those of fire protection districts created pursuant to chapter 318 or 474

of NRS.

(i) Upon the request of the State Engineer, review a plan submitted with an application for the issuance of a temporary permit pursuant to NRS 533.436 .

(j) Work collaboratively with and provide technical assistance to federal, state and local agencies and property owners to:

(1) Identify and mitigate the risks of wildfire to life, property and ecosystems;

(2) Restore and maintain landscape resiliency;

(3) Create and maintain fire-adapted communities and ignition-resistant communities; and

(4) Improve and support safe and effective responses to wildfire.

The State Forester Firewarden in carrying out the provisions of this chapter may:

(a) Appoint paid foresters and firewardens to enforce the provisions of the laws of this State respecting forest, rangeland and watershed management or the protection of lands from fire, subject to the approval of the board of county commissioners of each county concerned.

(b) Appoint suitable citizen-wardens. Citizen-wardens serve voluntarily except that they may receive compensation when an emergency is declared by the State Forester Firewarden.

(c) Appoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary firewardens. Voluntary firewardens are not entitled to compensation for their services.

(d) Appoint certain paid foresters or firewardens to be arson investigators.

(e) Employ, with the consent of the Director of the State Department of Conservation and Natural Resources, clerical assistance, county and district coordinators, patrol officers, firefighters, and other employees as needed, and expend such sums as may be necessarily incurred for this purpose.

(f) Purchase, or acquire by donation, supplies, material, equipment and improvements necessary for fire protection, fire prevention and forest, rangeland and watershed management, including, without limitation, cameras or other equipment necessary for the early warning or detection of wildfires.

(g) With the approval of the Director of the State Department of Conservation and Natural Resources and the State Board of Examiners, purchase or accept the donation of real property to be used for lookout sites and for other administrative, experimental or demonstration purposes. No real property may be purchased or accepted unless an examination of the title shows the property to be free from encumbrances, with title vested in the grantor. The title to the real property must be examined and approved by the Attorney General.

(h) Expend any money appropriated by the State to the Division of Forestry of the State Department of Conservation and Natural Resources for paying expenses incurred in fighting fires or in emergencies which threaten human life.

The State Forester Firewarden, in carrying out the powers and duties granted in this section, is subject to administrative supervision by the Director of the State Department of Conservation and Natural Resources.

[4:149:1945; A 1949, 543 ; 1955, 587 ]—(NRS A 1957, 70 , 651 ;

1959, 141 ; 1971, 2080 ; 1973, 300 ; 1977, 1144 ; 1981, 481 , 1586 ;

1985, 296 ; 1993, 2534 ; 2003, 916 ; 2005, 335 ; 2009, 2746 ; 2011, 1570 ; 2015, 2226 ; 2021, 485 , 626 ,

1365 )

MANAGEMENT OF VEGETATION

NRS 472.095

NRS

472.095

Public-private partnerships for addressing threat of catastrophic wildfires in this State.

The State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may represent the State of Nevada in negotiating and entering into, cancelling, modifying and renewing one or more public-private partnerships for the purpose of addressing the threat of catastrophic wildfires in this State. Any such public-private partnership may address, without limitation, investment in wildfire prevention, restoration, infrastructure and workforce development for enhancing landscape resiliency against the threat of wildfires.

(Added to NRS by 2021, 1365 )

MISCELLANEOUS

NRS 482.368

NRS

482.368

Distinguishing plates for exempt vehicles: Issuance and renewal; fees; confidentiality; unlawful use of vehicle; interstate agreements; application; regulations.

Except as otherwise provided in subsection 2, the Department shall provide suitable distinguishing license plates for exempt vehicles. These plates must be displayed on the vehicles in the same manner as provided for privately owned vehicles. The fee for the issuance of the plates is $5. Any license plates authorized by this section must be immediately returned to the Department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the governmental services tax.
License plates furnished for:

(a) Those vehicles which are maintained for and used by the Governor or under the authority and direction of the Chief Parole and Probation Officer, the State Contractors Board and auditors, the State Fire Marshal, the Investigation Division of the Department of Public Safety and any authorized federal law enforcement agency or law enforcement agency from another state;

(b) One vehicle used by the Department of Corrections, three vehicles used by the Department of Wildlife, two vehicles used by the Caliente Youth Center and four vehicles used by the Nevada Youth Training Center;

(c) Vehicles of a city, county or the State, if authorized by the Department for the purposes of law enforcement or work related thereto;

(d) Two vehicles used by the office of the county coroner of any county which has created that office pursuant to NRS 244.163 ; and

(e) Vehicles maintained for and used for investigations and undercover investigations by investigators of the following:

(1) The Nevada Gaming Control Board;

(2) The State Department of Agriculture;

(3) The Attorney General;

(4) City or county juvenile officers;

(5) District attorneys offices;

(6) Public administrators offices;

(7) Public guardians offices;

(8) Sheriffs offices;

(9) Police departments in the State;

(10) The Securities Division of the Office of the Secretary of State;

(11) The Investigation Division of the Department of Public Safety; and

(12) Any authorized federal law enforcement agency or law enforcement agency from another state,

Ê must not bear any distinguishing mark which would serve to identify the vehicles as owned by the United States, the State of Nevada, any other state or any county or city. The fee to be received by the Department for the initial issuance of these license plates is $12 per plate or, if issued in sets, per set. Such license plates are renewable annually upon the payment of $12.

Except as otherwise provided in NRS 239.0115 , information pertaining to the issuance or renewal of a license plate pursuant to paragraph (e) of subsection 2 is confidential and must be securely maintained by the Department.
It is unlawful for a person to use a vehicle furnished with a license plate pursuant to paragraph (e) of subsection 2 for any purpose other than the investigation or undercover investigation for which it was issued. Any license plate issued pursuant to paragraph (e) of subsection 2 must be returned immediately to the Department when the vehicle for which the license plate was issued ceases to be used for the investigation or undercover investigation for which it was issued.
The Director may enter into agreements with departments of motor vehicles of other states providing for exchanges of license plates of regular series for vehicles maintained for and used by investigators of the law enforcement agencies enumerated in paragraph (e) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph must not be charged.
Applications for the license plates must be made through the head of the agency, division, department, board, bureau, commission, school district or irrigation district, or through the chair of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling the vehicles. No plate or plates may be issued until:

(a) A certificate has been filed with the Department showing that the name of the agency, division, department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be; and

(b) The words For Official Use Only have been permanently and legibly affixed to each side of the vehicle, except those vehicles enumerated in subsection 2.

The Department shall adopt regulations governing the use of all license plates provided for in this section. Upon a finding by the Department of any violation of its regulations, it may revoke the violators privilege of registering vehicles pursuant to this section.
As used in this section:

(a) Exempt vehicle means a vehicle exempt from the governmental services tax.

(b) Undercover investigation means an investigation that requires the use of a fictitious vehicle registration and license plate.

[Part 6:202:1931; A 1941, 51 ; 1949, 511 ; 1953, 52 ]—(NRS A 1957, 61 , 744 ;

1961, 386 , 630 ;

1963, 693 ; 1967, 166 ; 1969, 130 ; 1973, 85 , 290 ,

1123 ;

1977, 290 ; 1979, 254 , 931 ;

1981, 1529 , 2006 ;

1983, 728 ; 1985, 927 , 1354 ,

1936 ;

1989, 557 , 1961 ;

1991, 2313 ; 1993, 31 , 779 ,

1641 ;

1995, 579 ; 1999, 3625 ; 2001, 314 , 2549 ;

2001 Special Session, 244 ; 2003, 289 , 1565 ;

2009, 958 ; 2021, 689 ; 2023, 1883 )

NRS 489.706

NRS

489.706

Newly constructed mobile and manufactured homes: Minimal standards for plumbing fixtures and certain landscaping fixtures.

Each manufactured home or mobile home on which construction begins on or after March 1, 1992, and before March 1, 1993, must incorporate the following minimal standards for plumbing fixtures:

(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 3.5 gallons of water per flush.

(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 3 gallons per minute.

Each manufactured home or mobile home on which construction begins on or after March 1, 1993, and before January 1, 2020, must incorporate the following minimal standards for plumbing fixtures:

(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 1.6 gallons of water per flush.

(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 2.5 gallons per minute.

Each manufactured home or mobile home on which construction begins on or after January 1, 2020:

For the purposes of subsection 3, a plumbing fixture is considered certified under the WaterSense program if the fixture meets the requirements of paragraph (a) or (b) of subsection 6 of NRS 278.582 .
Each manufactured home or mobile home on which construction begins on or after January 1, 2024:

For the purposes of subsection 5, a landscape fixture is considered certified under the WaterSense program if the fixture meets the requirements of paragraph (a) or (b) of subsection 6 of NRS 278.582 .

(Added to NRS by 1991, 1169 ; A 2019, 2104 ; 2023, 1277 )

TAXATION

NRS 501.382

NRS

501.382

Unlawful feeding of big game mammal; penalties; exceptions.

Except as otherwise provided in subsection 3, a person shall not intentionally feed any big game mammal without written authorization from the Department.
A person who violates subsection 1:

(a) For a first offense, must not be cited or charged criminally but must be informed, in writing, of the behavior that constitutes the violation and the penalties prescribed by this section for any subsequent violation of this section.

(b) For a second offense, shall be punished by a fine of not more than $250.

The provisions of this section do not apply to any employee or agent of the Department or the Animal and Plant Health Inspection Service of the United States Department of Agriculture who, while carrying out his or her duties, intentionally feeds a big game mammal for any purpose.
As used in this section:

(a) Big game mammal means:

(1) Any pronghorn antelope, black bear, mule deer, mountain goat, mountain lion or Rocky Mountain elk; or

(2) Any of the following subspecies of bighorn sheep:

(I) Nelson bighorn sheep;

(II) California bighorn sheep; or

(III) Rocky Mountain bighorn sheep.

(b) Intentionally feed means to supply, provide or otherwise make available any salt, grain, meat or other form of nourishment with the intent to attract or feed a big game mammal. The term does not include any incidental or unintentional feeding of a big game mammal, including, without limitation, any such feeding associated with:

(1) Any accepted agricultural or livestock practice;

(2) Any planting or maintenance of any shrub, tree or other landscaping for any residence, property or area; or

(3) Any sporting event or outdoor activity at which food is served or consumed.

(Added to NRS by 2013, 1019 )

NRS 503.410

NRS

503.410

Unlawful interference with flow of water through fish ladder.

It shall be unlawful for any person to dry up, impede or interfere with the free flow of water through any fish ladder upon any stream in this State, when there is sufficient unappropriated or unused water in such stream for use therein, by diverting the same from above and around such fish ladder by means of any ditch, canal or aqueduct, and permitting the same to waste, spill or flow back into the stream below such fish ladder by means of a spillway, tailrace, overflow, underpass, headgate or other appliance not equipped with an efficient and adequate fish ladder.
This section shall not be construed to impair any subsisting right to divert water from such stream for irrigation, domestic or culinary purposes.

[31:101:1947; 1943 NCL § 3035.31]

NRS 503.470

NRS

503.470

Control of fur-bearing mammals doing damage.

Fur-bearing mammals injuring any property may be taken or killed at any time in any manner by the owner or occupant of the property or with the permission of the owner or occupant.
When the Department has determined from investigations or upon a petition signed by the owners of 25 percent of the land area in any irrigation district or the area served by a ditch company alleging that an excessive population of beaver or otter exists or that beaver or otter are doing damage to lands, streams, ditches, roads or water control structures, the Department shall remove such excess or depredating beaver or otter.

[Part 75:101:1947; R 1953, 671 ; added 1953, 671 ]—(NRS A 1967, 1201 ; 1969, 1364 ; 1991, 267 ; 1993, 1674 ; 2003, 1549 ; 2015, 3063 )

NRS 528.0263

NRS

528.0263

Timber owner defined.

Timber owner means a person or entity who owns a tree-dominated landscape which is naturally capable of supporting minimally stocked stands of native trees in perpetuity, and is not otherwise devoted to nonforestry commercial or urban uses.

(Added to NRS by 2017, 1390 ; A 2019, 734 )

NRS 528.105

NRS

528.105

Operation and management of state nurseries by State Forester Firewarden; powers; fee schedule for plant materials distributed; regulations; penalty.

Any state nursery authorized by NRS 528.100 must be operated under management of the State Forester Firewarden and must propagate stock for uses as provided in this section.
The State Forester Firewarden may:

(a) Purchase nursery stock, seed and other conservation plant materials.

(b) Engage in seed, tree and plant development research.

(c) Demonstrate methods of conservation plant material planting, propagation and landscaping to public or private organizations or individuals.

(d) Distribute conservation plant materials for planting on public property for the purposes of soil erosion control, windbreaks, noise abatement, revegetation, greenbelts, greenstrips, reduction of fire hazards, xeriscaping, watershed protection, providing wildlife habitat, improving human health, sustaining local economies and beautification.

(e) Distribute conservation plant materials for planting on private property for the purposes of production of forest or wood-lot products, soil erosion control, windbreaks, noise abatement, revegetation, greenbelts, greenstrips, reduction of fire hazards, xeriscaping, water conservation and providing wildlife habitat.

(f) Charge and collect for all plant materials distributed under paragraphs (d) and (e) in accordance with a fee schedule developed by the State Forester Firewarden and approved by the Director.

Conservation plant materials distributed by the State Forester Firewarden under the provisions of paragraph (e) of subsection 2 must be used only for the purposes therein set forth. The State Forester Firewarden may set by regulation the criteria for eligibility for distribution of plants under paragraph (e) of subsection 2.
Any person who violates the provisions of this section is guilty of a misdemeanor.

(Added to NRS by 1957, 322 ; A 1975, 529 ; 1977, 79 ; 1981, 223 ; 2021, 623 )

NRS 528.135

NRS

528.135

Creation; requirements; duties of State Forester Firewarden.

The Urban and Community Forestry Program is hereby created within the Division. The State Forester Firewarden shall administer the Program.
The Urban and Community Forestry Program must, without limitation, promote, create, improve and maintain urban and community forests in this State and advance and promote improvements that include, without limitation:

(a) Carbon sequestration and reductions in greenhouse gas emissions;

(b) Energy conservation;

(d) Urban and community parks;

(e) Riparian corridors;

(f) River parkways;

(g) School greening or sun-safe schoolyards;

(h) Urban and community revitalization;

(i) Green infrastructure and sustainable landscapes;

(j) Food forests that provide access to healthy and nutritious foods in urban areas and communities that have been designated as food deserts; and

(k) Solid waste prevention.

In carrying out the requirements of subsection 2, the State Forester Firewarden shall:

(a) Develop local and regional targets for urban and community tree canopies and prioritize the development of such targets in historically underserved communities and areas that are particularly vulnerable to heat island effects. The targets must include, without limitation, local or regional targets for:

(1) Urban and community forest diversity;

(2) The resistance of urban and community forests to future climate conditions;

(3) The resistance of urban and community forests to insects, pests and diseases; and

(4) Any other target determined to be relevant by the State Forester Firewarden.

(b) Cooperate with state and regional urban and community forestry organizations or associations, arboricultural organizations or associations and any other relevant federal, state or local agency, district, board or other entity or public or private organization or persons in the advancement and promotion of urban and community forests.

(c) Develop and disseminate best practices for maintaining the health of urban and community forests, which may include, without limitation, the control of forest pests, insects and diseases.

(Added to NRS by 2023, 384 )

NRS 533.060

NRS

533.060

Right to use limited to amount necessary; loss or abandonment of rights; no acquisition of prescriptive right; reservation of rights by State.

Rights to the use of water must be limited and restricted to as much as may be necessary, when reasonably and economically used for irrigation and other beneficial purposes, irrespective of the carrying capacity of the ditch. The balance of the water not so appropriated must be allowed to flow in the natural stream from which the ditch draws its supply of water, and must not be considered as having been appropriated thereby.
Rights to the use of surface water shall not be deemed to be lost or otherwise forfeited for the failure to use the water therefrom for a beneficial purpose.
A surface water right that is appurtenant to land formerly used primarily for agricultural purposes is not subject to a determination of abandonment if the surface water right:

(a) Is appurtenant to land that has been converted to urban use; or

(b) Has been dedicated to or acquired by a water purveyor, public utility or public body for municipal use.

In a determination of whether a right to use surface water has been abandoned, a presumption that the right to use the surface water has not been abandoned is created upon the submission of records, photographs, receipts, contracts, affidavits or any other proof of the occurrence of any of the following events or actions within a 10-year period immediately preceding any claim that the right to use the water has been abandoned:

(a) The delivery of water;

(b) The payment of any costs of maintenance and other operational costs incurred in delivering the water;

(d) The actual performance of maintenance related to the delivery of the water.

A prescriptive right to the use of the water or any of the public water appropriated or unappropriated may not be acquired by adverse possession. Any such right to appropriate any of the water must be initiated by applying to the State Engineer for a permit to appropriate the water as provided in this chapter.
The State of Nevada reserves for its own present and future use all rights to the use and diversion of water acquired pursuant to chapter 462, Statutes of Nevada 1963, or otherwise existing within the watersheds of Marlette Lake, Franktown Creek and Hobart Creek and not lawfully appropriated on April 26, 1963, by any person other than the Marlette Lake Company. Such a right must not be appropriated by any person without the express consent of the Legislature.

[8:140:1913; A 1917, 353 ; 1949, 102 ; 1943 NCL § 7897]—(NRS A 1979, 1161 ; 1999, 2631 )

NRS 533.070

NRS

533.070

Quantity of water appropriated limited to amount reasonably required for beneficial use; duties of State Engineer in connection with water diverted or stored for purpose of irrigation.

The quantity of water from either a surface or underground source which may hereafter be appropriated in this state shall be limited to such water as shall reasonably be required for the beneficial use to be served.
Where the water is to be diverted for irrigation purposes, or where the water is to be stored for subsequent irrigation purposes, the State Engineer in determining the amount of water to be granted in a permit to appropriate water shall take into consideration the irrigation requirements in the section of the State in which the appropriation is to be made. The State Engineer shall consider the duty of water as theretofore established by court decree or by experimental work in such area or as near thereto as possible. The State Engineer shall also consider the growing season, type of culture, and reasonable transportation losses of water up to where the main ditch or channel enters or becomes adjacent to the land to be irrigated, and may consider any other pertinent data deemed necessary to arrive at the reasonable duty of water. In addition, in the case of storage of water, reservoir evaporation losses should be taken into consideration in determining the acre-footage of storage to be granted in a permit.

[11:140:1913; A 1945, 87 ; 1943 NCL § 7899]

NRS 533.075

NRS

533.075

Rotation in use of water.

To bring about a more economical use of the available water supply, it shall be lawful for water users owning lands to which water is appurtenant to rotate in the use of the supply to which they may be collectively entitled; or a single water user, having lands to which water rights of a different priority attach, may in like manner rotate in use, when such rotation can be made without injury to lands enjoying an earlier priority, to the end that each user may have an irrigation head of at least 2 cubic feet per second.

[85:140:1913; 1919 RL p. 3247; NCL § 7971]

NRS 533.100

NRS

533.100

Investigation of flow of stream and ditches by State Engineer; preparation of surveys and maps.

The State Engineer shall begin an investigation of the flow of the stream and of the ditches diverting water, and of the lands irrigated therefrom, and shall gather such other data and information as may be essential to the proper determination of the water rights in the stream.
The State Engineer shall:

(a) Reduce his or her observations and measurements to writing.

(b) If necessary, execute surveys or cause them to be executed.

(c) If necessary, prepare, or cause to be prepared, maps from the observations of such surveys in accordance with such uniform rules and regulations as the State Engineer may adopt.

The surveys and maps shall show with substantial accuracy:

(a) The course of the stream.

(b) The location of each ditch or canal diverting water therefrom, together with the point of diversion thereof.

(c) The area and outline of each parcel of land upon which the water of the stream has been employed for the irrigation of crops or pasture.

(d) The kind of culture upon each of the parcels of land.

The map shall be prepared as the surveys and observations progress, and, when completed, shall be filed and made of record in the Office of the State Engineer. Such map for original filing in the Office of the State Engineer shall, in addition to complying with any other applicable rule or regulation of the State Engineer, be on a scale of not less than 1,000 feet to the inch.

[20:140:1913; 1919 RL p. 3228; NCL § 7907]—(NRS A 2017, 707 ; 2023, 1035 )

NRS 533.115

NRS

533.115

Blank forms enclosed with notice; form of proof; preparation of map. [Effective through December 31, 2027.]

The State Engineer shall, in addition, enclose with the notice to be mailed as provided in subsection 4 of NRS 533.095 , blank forms upon which a claimant who has not submitted proof pursuant to NRS 533.087 shall present in writing all particulars necessary for the determination of the claimants right in or to the waters of the stream system. The form for a proof of appropriation must include the following:

(a) The name and mailing address of the claimant.

(b) The nature of the right or use on which the claim for appropriation is based.

(c) The time of the initiation of such right, the priority date claimed and a description of the place of diversion and works of diversion and distribution.

(d) The date of beginning of construction.

(e) The date when completed.

(f) The dates of beginning and completion of enlargements.

(g) The dimensions of the ditch as originally constructed and as enlarged.

(h) The date when water was first used for irrigation or other beneficial purposes.

(i) If the water was used for irrigation, the number of acres irrigated the first year, the number of acres irrigated in subsequent years, the dates of irrigation, the area and location of the lands which were irrigated, the character of the soil and the kind of crops cultivated, the rate of diversion and the number of acre-feet of water per annum required to irrigate the land.

(j) If the water was used for a beneficial purpose other than irrigation, the rate of diversion and the number of acre-feet of water used annually.

(k) If the water was used for watering livestock, the number and type of livestock.

(l) Any other facts as will show the extent and nature of the right and compliance with the law in acquiring the same, as may be required by the State Engineer.

A claimant must submit a separate proof of appropriation for each source of water of the stream system in which or to which the claimant claims a right.
The proof of appropriation submitted by the claimant must be accompanied by a map prepared, except as otherwise provided in subsection 4, in accordance with and depicting any information required pursuant to the requirements of subsections 3 and 4 of NRS 533.100 .
If the map submitted with a proof of appropriation is prepared for water used for watering livestock, the map must be on a scale of not less than 1:24,000 or a map prepared by the United States Geological Survey covering a quadrangle of 7 1/2 minutes of latitude and longitude, and further identifying the location or extent of the livestock use by one-sixteenth sections within a numbered section, township and range.

[23:140:1913; 1919 RL p. 3229; NCL § 7910]—(NRS A 2017, 707 , 3557 ; R 2017, 3560 , effective January 1, 2028; 2023, 1036 )

NRS 533.265

NRS

533.265

State Engineer to issue certificates upon final determination of relative rights; contents of certificates; exceptions.

Upon the final determination of the relative rights in and to the waters of any stream system, the State Engineer shall issue to each person represented in such determination a certificate to be signed by the State Engineer, and bearing the seal of the Office of the State Engineer.
The certificate shall set forth:

(a) The name and post office address of the owner of the right.

(b) The date of priority.

(d) If such water is for irrigation purposes, a description of the land, by legal subdivisions when possible, to which the water is appurtenant.

Such certificate shall be transmitted by the State Engineer in person or by registered or certified mail to the owner.
No certificate need be issued by the State Engineer when printed copies of any decree of final determination of relative rights contain a listing of the individual rights so determined.

[51:140:1913; 1919 RL p. 3235; NCL § 7936]—(NRS A 1957, 530 ; 1967, 191 ; 1975, 713 )

NRS 533.340

NRS

533.340

Additional requirements for contents of applications to appropriate water for certain specific uses.

In addition to the requirements of NRS 533.335 , the application shall contain:

If for irrigation purposes, except in case of an application for a permit to store water, the number of acres to be irrigated and a description by legal subdivisions, where possible, of the lands to be irrigated.
If for power purposes, the vertical head under which the water will be applied, the location of the proposed powerhouse, and, as near as may be, the use to which the power is to be applied.
If for municipal supply or for domestic use, the approximate number of persons to be served, and the approximate future requirement.
If for mining purposes, the proposed method of applying and utilizing the water.
If for stock-watering purposes, the approximate number and character of animals to be watered.
If for any purpose contemplating the storage of waters, in addition to the information required in applications naming the purpose, the dimensions and location of the proposed dam, the capacity of the proposed reservoir, and a description of the land to be submerged by the impounded waters.
If for additional rate of diversion where no additional volume of water is granted, sufficient information demonstrating the need for the additional rate of diversion.

[Part 59:140:1913; A 1919, 71 ; 1951, 132 ]—(NRS A 2013, 1235 )

NRS 533.357

NRS

533.357

Priority among applications to appropriate underground water for irrigation purposes from same basin.

When two or more applications are made to appropriate underground water for irrigation purposes from what appears to the State Engineer to be the same basin the State Engineer shall observe the following order of priority in acting upon them, according to the status of the applicant and the intended place of use:

An owner of land for use on that land.
An owner of land for use on adjacent land for which he or she intends to file an application under the Carey Act or the Desert Land Entry Act, 43 U.S.C. §§ 321 et seq.
Any other person whose application is preparatory to proceeding under the Carey Act or the Desert Land Entry Act.

(Added to NRS by 1981, 915 )

NRS 533.370

NRS

533.370

Approval or rejection of application by State Engineer: Conditions; exceptions; considerations; procedure.

Except as otherwise provided in this section and NRS 533.0241 , 533.345 , 533.371 ,

533.372 and 533.503 , the State Engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:

(a) The application is accompanied by the prescribed fees;

(b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the efficiency of the district in its delivery or use of water; and

(1) Intention in good faith to construct any work necessary to apply the water to the intended beneficial use with reasonable diligence; and

(2) Financial ability and reasonable expectation actually to construct the work and apply the water to the intended beneficial use with reasonable diligence.

Except as otherwise provided in subsection 10, where there is no unappropriated water in the proposed source of supply, where the groundwater that has not been committed for use has been reserved pursuant to NRS 533.0241 or where its proposed use or change conflicts with existing rights or with protectable interests in existing domestic wells as set forth in NRS 533.024 , or threatens to prove detrimental to the public interest, the State Engineer shall reject the application and refuse to issue the requested permit. If a previous application for a similar use of water within the same basin has been rejected on those grounds, the new application may be denied without publication.
In addition to the criteria set forth in subsections 1 and 2, in determining whether an application for an interbasin transfer of groundwater must be rejected pursuant to this section, the State Engineer shall consider:

(a) Whether the applicant has justified the need to import the water from another basin;

(b) If the State Engineer determines that a plan for conservation of water is advisable for the basin into which the water is to be imported, whether the applicant has demonstrated that such a plan has been adopted and is being effectively carried out;

(d) Whether the proposed action is an appropriate long-term use which will not unduly limit the future growth and development in the basin from which the water is exported; and

(e) Any other factor the State Engineer determines to be relevant.

Except as otherwise provided in this subsection and subsections 6 and 10 and NRS 533.365 , the State Engineer shall approve or reject each application within 2 years after the final date for filing a protest. The State Engineer may postpone action:

(a) Upon written authorization to do so by the applicant.

(b) If an application is protested.

(d) In areas where studies of water supplies have been determined to be necessary by the State Engineer pursuant to NRS 533.368 .

(e) Where court actions or adjudications are pending, which may affect the outcome of the application.

(f) In areas in which adjudication of vested water rights is deemed necessary by the State Engineer.

(g) On an application for a permit to change a vested water right in a basin where vested water rights have not been adjudicated.

(h) Where authorized entry to any land needed to use the water for which the application is submitted is required from a governmental agency.

(i) On an application for which the State Engineer has required additional information pursuant to NRS 533.375 .

If the State Engineer does not act upon an application in accordance with subsections 4 and 6, the application remains active until approved or rejected by the State Engineer.
Except as otherwise provided in this subsection and subsection 10, the State Engineer shall approve or reject, within 6 months after the final date for filing a protest, an application filed to change the point of diversion of water already appropriated when the existing and proposed points of diversion are on the same property for which the water has already been appropriated under the existing water right or the proposed point of diversion is on real property that is proven to be owned by the applicant and is contiguous to the place of use of the existing water right. The State Engineer may postpone action on the application pursuant to subsection 4.
If the State Engineer has not approved, rejected or held a hearing on an application within 7 years after the final date for filing a protest, the State Engineer shall cause notice of the application to be republished and reposted pursuant to NRS 533.360 immediately preceding the time at which the State Engineer is ready to approve or reject the application. The cost of the republication must be paid by the applicant. After such republication and reposting, a protest may be filed in accordance with NRS 533.365 .
If a hearing is held regarding an application, the decision of the State Engineer must be in writing and include findings of fact, conclusions of law and a statement of the underlying facts supporting the findings of fact. The written decision may take the form of a transcription of an oral ruling. The rejection or approval of an application must be endorsed on a copy of the original application, and a record must be made of the endorsement in the records of the State Engineer. The copy of the application so endorsed must be returned to the applicant. Except as otherwise provided in subsection 11, if the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected, the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water while the rejection continues in force.
If a person is the successor in interest of an owner of a water right or an owner of real property upon which a domestic well is located and if the former owner of the water right or real property on which a domestic well is located had previously filed a written protest against the granting of an application, the successor in interest must be allowed to pursue that protest in the same manner as if the successor in interest were the former owner whose interest he or she succeeded. If the successor in interest wishes to pursue the protest, the successor in interest must notify the State Engineer in a timely manner on a form provided by the State Engineer.
The provisions of subsections 1 to 9, inclusive, do not apply to an application for an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504 .
The provisions of subsection 8 do not authorize the recipient of an approved application to use any state land administered by the Division of State Lands of the State Department of Conservation and Natural Resources without the appropriate authorization for that use from the State Land Registrar.
As used in this section, domestic well has the meaning ascribed to it in NRS 534.350 .

[63:140:1913; A 1945, 87 ; 1947, 777 ; 1949, 102 ; 1943 NCL § 7948]—(NRS A 1959, 554 ; 1973, 865 , 1603 ;

1977, 1171 ; 1981, 209 , 359 ;

1989, 319 ; 1991, 759 , 1369 ;

1993, 1459 , 2082 ,

2349 ;

1995, 319 , 697 ,

2523 ;

1999, 1045 ; 2001, 552 ; 2003, 2980 ; 2005, 2561 ; 2007, 2017 ; 2009, 597 ; 2011, 758 , 1566 ;

2013, 499 , 3679 ;

2019, 2516 ; 2023, 1037 )

NRS 533.384

NRS

533.384

Filings required by person to whom conveyance is made.

A person to whom is conveyed an application or permit to appropriate any of the public waters, a certificate of appropriation, an adjudicated or unadjudicated water right or an application or permit to change the place of diversion, manner of use or place of use of water, shall:

(a) File with the State Engineer, together with the prescribed fee, a report of conveyance which includes the following information on a form to be provided by the State Engineer:

(1) An abstract of title;

(2) Except as otherwise provided in subsection 2, a copy of any deed, written agreement or other document pertaining to the conveyance; and

(3) Any other information requested by the State Engineer.

(b) If the place of use of the water is wholly or partly within the boundaries of an irrigation district, file with the irrigation district:

(1) An abstract of title; and

(2) Except as otherwise provided in subsection 2, a copy of any deed, written agreement or other document pertaining to the conveyance.

The governing body of any local government of this State and any public utility which is a purveyor of water within the State may submit an affidavit or other document upon oath in lieu of the documents otherwise required by subparagraph (2) of paragraphs (a) and (b) of subsection 1, if the State Engineer finds that:

(a) The affidavit clearly indicates that rights for diverting or appropriating water described in the affidavit are owned or controlled by the governing body or utility; and

(b) The affiant is qualified to sign the affidavit.

(Added to NRS by 1995, 434 )

NRS 533.400

NRS

533.400

Verified statement to be filed with State Engineer by holder of permit within time set in endorsement on permit: Contents of statement; proof of beneficial use.

Except as otherwise provided in subsection 2, on or before the date set in the endorsement of a permit for the application of water to beneficial use, or on the date set by the State Engineer under a proper application for extension therefor, any person holding a permit from the State Engineer to appropriate the public waters of the State of Nevada, to change the place of diversion or the manner or place of use, shall file with the State Engineer a statement under oath, on a form prescribed by the State Engineer. The statement must include:

(a) The name and post office address of the person making the proof.

(b) The number and date of the permit for which proof is made.

(d) The name of the canal or other works by which the water is conducted to the place of use.

(e) The name of the original person to whom the permit was issued.

(f) The purpose for which the water is used.

(g) If for irrigation, the actual number of acres of land upon which the water granted in the permit has been beneficially used, giving the same by 40-acre legal subdivisions when possible.

(h) An actual measurement taken by a licensed state water right surveyor or an official or employee of the Office of the State Engineer of the water diverted for beneficial use.

(i) The capacity of the works of diversion.

(j) If for power, the dimensions and capacity of the flume, pipe, ditch or other conduit.

(k) The average grade and difference in elevation between the termini of any conduit.

(l) The number of months, naming them, in which water has been beneficially used.

(m) The amount of water beneficially used, taken from actual measurements, together with such other data as the State Engineer may require to become acquainted with the amount of the appropriation for which the proof is filed.

The provisions of subsection 1 do not apply to a person holding an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504 .

[Part 69:140:1913; A 1951, 132 ]—(NRS A 1967, 991 ; 1991, 760 ; 2011, 1569 ; 2013, 503 , 3679 )

NRS 533.425

NRS

533.425

Issuance and contents of certificate of appropriation; notice of provisions governing forfeiture and abandonment of rights to underground water.

Except as otherwise provided in NRS 533.503 , as soon as practicable after satisfactory proof has been made to the State Engineer that any application to appropriate water or any application for permission to change the place of diversion, manner or place of use of water already appropriated has been perfected in accordance with the provisions of this chapter, the State Engineer shall issue to the holder or holders of the permit a certificate setting forth:

(a) The name of each holder of the permit.

(b) The date, source, purpose and amount of appropriation.

(c) If for irrigation, a description of the irrigated lands by legal subdivisions, when possible, to which the water is appurtenant.

(d) The number of the permit under which the certificate is issued.

If the water is appropriated from an underground source, the State Engineer shall issue with the certificate a notice of the provisions governing the forfeiture and abandonment of such water rights. The notice must set forth the provisions of NRS 534.090 .

[72:140:1913; A 1931, 211 ; 1937, 84 ; 1931 NCL § 7957]—(NRS A 1967, 280 ; 1975, 713 ; 1995, 436 , 1016 ,

1018 ,

2524 ;

2017, 3501 )

NRS 533.435

NRS

533.435

Fees of State Engineer; disposition.

The State Engineer shall collect the following fees:

For examining and filing an application for a permit to appropriate water $360.00

This fee includes the cost of publication, which is $50.

For reviewing a corrected application or map, or both, in connection with an application for a water right permit....................................................................................................................... 100.00

For examining and acting upon plans and specifications for construction of a dam 1,200.00

For examining and filing an application for each permit to change the point of diversion, manner of use or place of use of an existing right.............................................................................. 240.00

This fee includes the cost of publication, which is $50.

For examining and filing an application for a temporary permit to change the point of diversion, manner of use or place of use of an existing right............................................................... 180.00

For issuing and recording each permit to appropriate water for any purpose, except for generating hydroelectric power which results in nonconsumptive use of the water, watering livestock or wildlife purposes 360.00

plus $3 per acre-foot approved or fraction thereof.

Except for generating hydroelectric power, watering livestock or wildlife purposes, for issuing and recording each permit to change an existing water right whether temporary or permanent for any purpose 300.00

plus $3 per acre-foot approved or fraction thereof.

For issuing and recording each permit for additional rate of diversion from a well where no additional volume of water is granted....................................................................................... 1,000.00

For issuing and recording each permit to change the point of diversion or place of use of an existing right whether temporary or permanent for irrigation purposes, a maximum fee of 750.00

For issuing and recording each permit to appropriate or change the point of diversion or place of use of an existing right whether temporary or permanent for watering livestock or wildlife purposes 240.00

plus $50 for each cubic foot of water per second approved or fraction thereof.

For issuing and recording each permit to appropriate or change an existing right whether temporary or permanent for water for generating hydroelectric power which results in nonconsumptive use of the water 480.00

plus $50 for each cubic foot per second of water approved or fraction thereof.

For filing and examining a request for a waiver in connection with an application to drill a well 120.00

For filing and examining a notice of intent to drill a well........................... 25.00

For filing and examining an affidavit to relinquish water rights in favor of use of water for domestic wells....................................................................................................................... 300.00

For filing a secondary application under a reservoir permit...................... 300.00

For approving and recording a secondary permit under a reservoir permit 540.00

For reviewing each tentative subdivision map............................................ 180.00

plus $1 per lot.

For reviewing and approving each final subdivision map......................... 120.00

For storage approved under a dam permit for privately owned nonagricultural dams which store more than 50 acre-feet 480.00

plus $1.25 per acre-foot storage capacity. This fee includes the cost of inspection and must be paid annually.

For flood control detention basins................................................................. 480.00

plus $1.25 per acre-foot storage capacity. This fee includes the cost of inspection and must be paid annually.

For filing proof of completion of work........................................................... 60.00

For filing proof of beneficial use...................................................................... 60.00

For issuing and recording a certificate upon approval of the proof of beneficial use 350.00

For filing proof of resumption of a water right............................................ 360.00

For filing any protest.......................................................................................... 30.00

For filing any application for extension of time within which to file proofs, of completion or beneficial use, for each year for which the extension of time is sought............................ 120.00

For filing any application for extension of time to prevent a forfeiture, for each year for which the extension of time is sought....................................................................................................... 120.00

For reviewing a cancellation of a water right pursuant to a petition for review 360.00

For examining and filing a report of conveyance filed pursuant to paragraph (a) of subsection 1 of NRS 533.384 120.00

plus $20 per conveyance document.

For filing any other instrument......................................................................... 10.00

For making a copy of any document recorded or filed in the Office of the State Engineer, for the first page 1.00

For each additional page...................................................................................... .20

For certifying to copies of documents, records or maps, for each certificate 6.00

For each copy of any full size drawing or map................................................ 6.00

For each color copy of any full size drawing or map (2′ x 3′)..................... 12.00

For colored plots.................................................................................................. 10.00

When fees are not specified in subsection 1 for work required of the Office of the State Engineer, the State Engineer shall collect the actual cost of the work.
Except as otherwise provided in this subsection, all fees collected by the State Engineer under the provisions of this section must be deposited in the State Treasury for credit to the State General Fund. All fees received for copies of any drawing or map must be kept by the State Engineer and used only to pay the costs of printing, replacement and maintenance of printing equipment. Any publication fees received which are not used by the State Engineer for publication expenses must be returned to the persons who paid the fees. If, after exercising due diligence, the State Engineer is unable to make the refunds, the State Engineer shall deposit the fees in the State Treasury for credit to the State General Fund.

[73:140:1913; A 1915, 378 ; 1921, 171 ; 1925, 121 ; 1947, 518 ; 1949, 102 ; 1943 NCL § 7959]—(NRS A 1957, 531 ; 1975, 46 , 1398 ;

1981, 114 , 1839 ;

1983, 1577 ; 1989, 1733 ; 1993, 2083 ; 1995, 436 ; 1999, 1508 ; 2009, 646 , 1014 ;

2011, 2392 ; 2013, 1235 ; 2017, 3502 , 3648 ;

2023, 1040 )

Temporary Permit to Establish Vegetative Cover to Prevent or Reduce Wildfire

NRS 533.463

NRS

533.463

Unlawful diversion and waste of water during irrigating season; penalty.

It is an unlawful use and waste of water for any person during the irrigating season:

(a) To divert and conduct the water, or portion thereof, of any river, creek, or stream into any slough, dam or pond and retain, or cause the water to be held or retained therein, without making any other use of the water; or

(b) To divert and conduct the water, or portion thereof, away from any river, creek or stream, and run or allow the water to run to waste on sagebrush or greasewood land.

Ê The irrigation of unimproved pasture which has a surface water right shall not be deemed to be a waste of water.

Any person who wastes water in violation of any of the provisions of subsection 1 is guilty of a misdemeanor.

[1:48:1889; C § 430; RL § 4721; NCL § 8006] + [2:48:1889; C § 431; RL § 4722; NCL § 8007]—(NRS A 1967, 609 ; 1983, 352 )

NRS 533.493

NRS

533.493

Recognition of adjudicated rights to water livestock from streams by State Engineer.

Within a stream system or groundwater basin where rights have been adjudicated, the State Engineer shall recognize rights to water livestock from streams, whether or not in conjunction with a right to use water for irrigation, which are established by a vested water right, a subsisting right shown as provided in NRS 533.492 or a permit issued by the State Engineer.

(Added to NRS by 1993, 1944 )

NRS 533.525

NRS

533.525

Stored water may be conveyed through streams and reclaimed; conditions.

Any water stored for irrigation or other beneficial purposes may be turned into the channel of any natural stream or watercourse, and mingled with its waters, and then be reclaimed, but, in reclaiming it, water already appropriated by others shall not be diminished in quantity.

[1:49:1899; C § 424; RL § 4715; NCL § 8238]

NRS 534.120

NRS

534.120

State Engineer authorized to make rules, regulations and orders when groundwater is being depleted in designated area; preferred uses of water; temporary permits to appropriate water; revocation of temporary permits; restrictions placed on appropriations of groundwater and certain domestic wells in area in which temporary permit issued.

Within an area that has been designated by the State Engineer, as provided for in this chapter, where, in the judgment of the State Engineer, the groundwater basin is being depleted, the State Engineer in his or her administrative capacity may make such rules, regulations and orders as are deemed essential for the welfare of the area involved.
In the interest of public welfare, the State Engineer is authorized and directed to designate preferred uses of water within the respective areas so designated by the State Engineer and from which the groundwater is being depleted, and in acting on applications to appropriate groundwater, the State Engineer may designate such preferred uses in different categories with respect to the particular areas involved within the following limits:

(a) Domestic, municipal, quasi-municipal, industrial, irrigation, mining and stock-watering uses; and

(b) Any uses for which a county, city, town, public water district or public water company furnishes the water.

The State Engineer may only issue temporary permits to appropriate groundwater if water cannot be furnished by a public entity such as a water district or municipality presently engaged in furnishing water to the inhabitants thereof. Such temporary permits can be limited as to time and may be revoked if and when:

(a) Water can be furnished by a public entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof; and

(b) The property served is within 1,250 feet of the water furnished pursuant to paragraph (a).

Ê The holder of a temporary permit that is revoked pursuant to this subsection must be given 730 days from the date of revocation to connect to the public entity furnishing water.

In a basin designated pursuant to NRS 534.030 , the State Engineer may:

(a) Deny applications to appropriate groundwater for any use in areas served by a public entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants of the area.

(b) Limit the depth of domestic wells.

(c) Prohibit the drilling of wells for domestic use in areas where water can be furnished by a public entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof.

(d) In connection with the approval of a parcel map in which any parcel is proposed to be served by a domestic well, require the dedication to a city or county or a designee of a city or county, or require a relinquishment to the State Engineer, of any right to appropriate water required by the State Engineer to ensure a sufficient supply of water for each of those parcels, unless the dedication of the right to appropriate water is required by a local ordinance.

In an area in which have been issued temporary permits pursuant to subsection 3, the State Engineer:

(a) Shall:

(1) Deny any applications to appropriate groundwater for use in areas served by a public entity such as a water district or a municipality presently engaged in furnishing water;

(2) Limit the depth of a domestic well; or

(3) Prohibit the drilling of wells for domestic use in areas where water can be furnished by a public entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants; and

(b) May prohibit repairs from being made to a domestic well, and may require the person proposing to deepen or repair the domestic well to obtain water from a public entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area, only if:

(1) The distance from the property line of any parcel served by the well to the pipes and other appurtenances of the proposed source of water to which the property will be connected is not more than 180 feet; and

(2) The deepening or repair of the well would require the use of a well-drilling rig.

For good and sufficient reasons, the State Engineer may exempt the provisions of this section with respect to public housing authorities.
The provisions of this section do not prohibit the State Engineer from revoking a temporary permit issued pursuant to this section if any parcel served by a well pursuant to the temporary permit is currently obtaining water from a public entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the area.

[10.5:178:1939; added 1955, 328 ]—(NRS A 1989, 1401 ; 1999, 3542 ; 2001, 555 ; 2003, 622 , 624 ;

2007, 845 ; 2023, 1279 )

NRS 536.020

NRS

536.020

Refusal to construct headgates, flumes or measuring devices: State Engineer may close ditch or open sluice gate or outlet of reservoir.

If any owner or owners of irrigation works shall refuse or neglect to construct and put in such headgates, flumes or measuring devices as provided for in NRS 536.010 after 10 days notice, the State Engineer may close such ditch, and the same shall not be opened or any water diverted from the source of supply, under the penalties prescribed by law for the opening of headgates lawfully closed, until the requirements of the state engineer as to such headgate, flume or measuring device have been complied with.
If any owner or manager of a reservoir, which reservoir requires the use of a natural stream channel, shall neglect or refuse to put in such measuring device after 10 days notice by the state engineer, the state engineer may open the sluice gate or outlet of such reservoir and the same shall not be closed, under the penalties of the law for changing or interfering with headgates, until the requirements of the State Engineer as to such measuring device are complied with.

[Part 56:140:1913; A 1947, 518 ; 1943 NCL § 7941]

NRS 536.040

NRS

536.040

Contribution of owners or recipients of water for proportionate share of work.

In all cases where a ditch is owned by two or more persons, and one or more of those persons fails or neglects to do a proportionate share of the work necessary for the maintenance and operation of the ditch, or to construct suitable headgates or other devices at the point where water is diverted from the main ditch, the owner or owners desiring the performance of the work may, after giving 10 days written notice to the other owner or owners who have failed to perform the proportionate share of the work necessary for the operation and maintenance of the ditch, perform the share of the work, and recover therefor from each person in default the reasonable expense of the work. In all cases where a ditch is owned, operated or maintained by an entity, the entity may perform any work necessary for the maintenance and operation of the ditch and recover from each person who, in accordance with a contract or a decreed, certified or permitted right to appropriate water, receives water through the ditch his or her proportionate share of the reasonable expense of the work. Except during an emergency, the entity shall notify each of those persons at least 30 days before incurring any expenses to perform a capital improvement that alters the fundamental character of the ditch. If the entity is a supplier of water, any expenses incurred by the supplier of water for any work performed on an irrigation ditch pursuant to this section must be billed as part of the customer rates of the supplier of water for the delivery of water service through the ditch.
As used in this section:

(a) Supplier of water has the meaning ascribed to it in NRS 445A.845 .

(b) Work includes, without limitation, labor and any accounting, legal or other administrative service performed for the maintenance and operation of a ditch specified in subsection 1.

[79:140:1913; 1919 RL p. 3246; NCL § 7965]—(NRS A 2009, 702 )

NRS 536.115

NRS

536.115

Investigation of complaint of unlawful removal, damage or destruction of ditch by State Engineer; reports concerning investigation.

In a county whose population is less than 100,000, the State Engineer shall, upon request of the owner of a ditch or a local governmental entity in whose jurisdiction a ditch is located, investigate a complaint involving a possible violation of the provisions of NRS 536.120 which involves the ditch if the ditch is located:

(a) Within the boundaries of an adjudicated stream system for which the State Engineer has appointed an engineer to work in a supervisory capacity pursuant to NRS 533.275 ; and

(b) Outside the boundaries of an irrigation district organized pursuant to chapter 539 of NRS.

For any complaint investigated pursuant to subsection 1, the State Engineer shall:

(a) Prepare a report concerning the investigation, including, without limitation, the condition of the ditch; and

(b) Make the report available to the person or local governmental entity that requested the investigation.

A person or local governmental entity that obtains a report pursuant to subsection 2 may submit a copy of the report with any report of a violation of the provisions of NRS 536.120 that is reported to a law enforcement agency.

(Added to NRS by 2003, 973 )

NRS 538.290

NRS

538.290

Composition; qualifications of commissioners. [Effective until the effective date of the California-Nevada Interstate Compact (

NRS 538.600

).]

The Commission shall consist of eight commissioners: The State Engineer, who shall be a nonvoting commissioner, and seven commissioners to be appointed by the Governor.
In making such appointments the Governor shall appoint two commissioners from the Walker River Irrigation District; one commissioner from the Carson River water users above Lahontan Reservoir; one commissioner from the Truckee-Carson Irrigation District; one commissioner from the Washoe County Water Conservation District; one commissioner from the Sierra Pacific Power Company; and one commissioner from the Lake Tahoe area in Nevada.
Each commissioner so appointed must be an elector and a water user or an employee of a water user within the State of Nevada.

[Part 3:153:1955]—(R effective on effective date of the California-Nevada Interstate Compact (NRS 538.600))

NRS 538.600

NRS

538.600

California-Nevada Interstate Compact: Ratification and approval; text.

The Legislature of the State of Nevada hereby ratifies and approves the California-Nevada Interstate Compact as set forth in this section. The provisions of the Compact shall become the law of this state upon the compact becoming operative as provided in Article XXII of the Compact. The provisions of the California-Nevada Interstate Compact are as follows:

ARTICLE I. Purposes

Consistent with the provisions of the authorization Acts of the State of California and the State of Nevada and the United States, the major purposes of this compact are to provide for the equitable apportionment of water between the two states; to promote interstate comity and to further intergovernmental cooperation; to protect and enhance existing economies; to remove causes of present and future controversies; to permit the orderly integrated and comprehensive development, use, conservation and control of the water within the Lake Tahoe, Truckee River, Carson River, and Walker River Basins.

ARTICLE II. Definitions

A. The terms California and Nevada shall mean respectively the State of California and the State of Nevada.

B. The term commission shall mean the administrative agency created by Article IV of this compact.

C. The term Lake Tahoe Basin shall mean the drainage area naturally tributary to Lake Tahoe including said Lake or to the Truckee River upstream from the Truckee River intersection with the western boundary of Section 12, Township 15 North, Range 16 East, Mount Diablo Base and Meridian.

D. The term Truckee River Basin shall mean the area which naturally drains into the Truckee River and its tributaries and into Pyramid Lake including such lake, but excluding the Lake Tahoe Basin.

E. The term Carson River Basin shall mean the area which naturally drains into the Carson River and its tributaries and to the Carson River Sink, but excluding the Humboldt River drainage area.

F. The term Walker River Basin shall mean the area which naturally drains into the Walker River and/or Walker Lake upstream from the intersection of the river and/or lake in Mineral County, Nevada, with the northern township line of Tier 10 North, Mount Diablo Base Line.

G. Except as otherwise expressly provided in this compact the terms existing, present and presently shall mean as of 1964.

H. The term effective date of the compact shall be the date on which the legislation provided for in Article XXII (1) and (2) shall become law.

I. Measured means the determination of the relevant amount of water in cubic feet per second or gallons per minute or acre-feet by the use of a current meter, rated weir, rated flume, pipeline water meter, computation from contour maps, or any other method which results in a reasonably accurate determination based on sound engineering practices.

ARTICLE III. Sovereign Relationship

A. Each state shall have jurisdiction to determine, pursuant to its own laws, the rights to the use of waters allocated to it herein; provided, however, that the right to use such water shall be limited to such quantities of water as shall reasonably be required for the beneficial use to be served and shall not extend to the waste or unreasonable use of water. Such provision shall not be construed to affect the water rights laws of either state with respect to any waters, other than the waters allocated to the state hereunder. Each state will recognize and accept applications for such permits, licenses or other permissions as are required by the law of the state where the application is filed to enable the other state to utilize water allocated to such other state. This provision shall neither require nor prohibit the United States of America from complying with provisions of state law relating to the appropriation of water allocated to the states by this compact.

B. Each state shall cooperate with the other in securing to each the right to fully utilize the rights and privileges granted and waters allocated to each hereunder.

C. The use of water by the United States of America or any of its agencies, instrumentalities or wards shall be charged as a use by the state in which the use is made.

ARTICLE IV. The California-Nevada Compact Commission

A. Creation and Composition

There is hereby created an interstate compact commission to be designated as the California-Nevada Compact Commission herein referred to as the commission.
The commission shall consist of five members from each state and one member as representative of the United States chosen by the President of the United States who is hereby requested to appoint such a representative. The United States member shall be ex officio chairman of the commission without vote and shall not be a domiciliary of or reside in either state.

(a) The California members of the commission shall consist of the Director of the Department of Water Resources of the State of California, and four (4) members appointed by the Governor of California, all of whom shall be residents of the State of California. One of the four members so appointed shall be a resident of the Lake Tahoe Basin, one shall be a resident of the Truckee River Basin, one shall be a resident of the Walker River Basin and one shall be a resident of the Carson River Basin.

(b) The Nevada members of the commission shall consist of the State Engineer of the State of Nevada (who additionally shall represent all Nevada areas not otherwise represented as herein provided), and four (4) members appointed by the Governor of Nevada, each of whom shall be a resident of the State of Nevada and represent a specific area therein as below defined, provided that the Governor shall not appoint any person a member of such commission if he determines that such person has a conflicting interest in California. One of the four members so appointed shall be a resident real property owner within and represent the Reno-Sparks metropolitan area (including adjacent agricultural area) and be fully qualified by knowledge and experience in connection with the water requirements and supply for such area; the other three members so appointed shall be representative of the common interest and goals of all water users of the area and each shall have broad practical experience in water management, and one shall be a resident real property owner within and represent the Walker River Basin in Nevada, another shall be a resident real property owner within and represent the Carson River Basin in Nevada upstream from Lahontan Reservoir, and the third shall be a resident real property owner within and represent the area within the Truckee-Carson Irrigation District in Nevada.

The term of office of the four members of the commission appointed by each Governor shall be four (4) years. The Governor of each state, upon appointment of the first members of the commission, shall designate one member of the commission to serve for a period of one year, one member to serve for a period of two years, one member to serve for a period of three years, and one member to serve for a period of four years. Thereafter, members shall be appointed for the regular term of four years as the terms expire.
Interim vacancy, for whatever cause, in the office of any member of the commission shall be filled for the unexpired term in the same manner as hereinabove provided for regular appointment.
The appointed members of the California-Nevada Compact Commission shall be designated within ninety (90) days after the effective date of the compact. Within thirty (30) days after such members have been appointed and the federal representative designated, the commission shall meet and organize.

B. Finances

The salaries and the personal expenses of each member of the commission shall be paid by the government he represents. All other expenses which are incurred by the commission incident to the administration of this compact and which are not paid by the United States or by other funds received by the commission shall be borne equally by the two states.
The commission shall adopt a budget covering the commissions estimate of its expenses for each of the following two fiscal years; provided, that whenever the legislatures of both states appropriate funds on an annual basis the commission shall submit its budget on such annual basis. The commission shall submit said budget to the Governors of the two states for joint review and approval and to the President of the United States at the earliest date prescribed by the two states for submission of proposed budgets. Each state shall appropriate one-half of the funds necessary to meet said budget requirements, which appropriations shall be made available to the commission as of July 1 of each fiscal year for such fiscal years operations. All unexpended and unencumbered funds from such appropriations shall be returned by the commission in equal proportions to the states to the credit of the state fund from which said appropriation was made. All receipts and disbursements of funds handled by the commission shall be subject to a joint audit by the states and the report of said audit shall be included, and become a part of the annual report of the commission.
The commission shall not pledge the credit of any government except by and with the authority of the legislative body thereof given pursuant to and in keeping with the Constitution of said government. The commission shall not incur any obligations prior to the availability of funds adequate to meet the same.
The commission shall make and transmit to the Legislature and Governor of each state and to the President of the United States an annual report covering the finances and activities of the commission and embodying such plans, recommendations and findings as may have been adopted by the commission.

C. Meetings and Voting

A quorum for any meeting of the commission shall consist of six members of the commission, provided that at least three members are present from each state.
All meetings of the commission for the consideration of and action on any matters coming before the commission, except matters involving the management of internal affairs of the commission and its staff, or involving litigation in which the commission is a party, shall be open to the public. Matters coming within the exception of this paragraph may be considered and acted upon by the commission in executive session under such rules and regulations as the commission may see fit to establish.
Each state shall have but one vote and every decision, authorization, determination, order or other action shall require the concurring votes of both states, provided that no state shall vote on any action without the concurring vote of not less than three members of the commission from such state.

D. General Powers

The commission shall have power to:

Adopt, amend and revoke bylaws, rules and regulations and prescribe procedures for administration of the provisions of this compact.
Establish such offices as it deems necessary, and acquire and hold property either by purchase, lease or otherwise as may be necessary for the performance of its functions under this compact.
Employ engineering, legal, clerical and other aid as in its judgment may be necessary for the performance of its functions. Such employees shall be paid by and be responsible to the commission and shall not be considered to be employees of either state. The commission may establish workmens compensation benefits directly or by insurance. The commission is authorized to contribute to the cost of health and accident insurance for its employees to the same extent as either state contributes to the cost of such insurance for its employees.
Perform all functions required of it by this compact and to do all things necessary, proper or convenient in the performance of its duties hereunder, either independently or in cooperation with any state, federal or local agency or other entity or person.
Make such findings as are pertinent to this compact including but not limited to findings as to the quantities of water being used in either state, the amount of water available for use pursuant to the allocations made herein, and each states share of the waters allocated.
Install and maintain measuring devices of a type or types approved by the commission in any stream, lake, reservoir, ditch, pumping station or other diversion works on the Truckee, Carson or Walker Rivers or on Lake Tahoe, or on waters tributary thereto, or to require water users at their expense to install and maintain measuring devices, as the commission may determine necessary or proper to carry out the purposes or provisions of this compact. The execution and enforcement of such requirements concerning such measuring devices as shall be enacted by the commission shall be accomplished by the commission directly, or by such federal, state, local or other official or person as the commission may delegate, or by any other agency responsible to or representing a federal court.
Accept gifts of money or real property or anything of value.
Appoint a hearing examiner or examiners who may be members of the commission to conduct hearings and to make recommendations to the commission on any matter requiring a hearing and decision by the commission.
Obtain a right of access to all properties in the Lake Tahoe, Truckee River, Carson River and Walker River Basins whenever necessary for the purpose of administration of this compact. The commission may obtain a court order to enforce this right of access.
Take such action as it deems appropriate for the enforcement of the provisions of this compact.
Administer oaths or affirmations and to compel the attendance of witnesses and the production of documents by the use of subpoena which may be served anywhere within the territorial limits of the United States; said power to administer oaths and affirmations and to compel the attendance of witnesses and the production of documents by the use of subpoena may also be exercised by any hearing examiner appointed as provided in subsection 8 of this Section D.
Contract with the appropriate agency of either state, including the retirement system, to provide retirement and other benefits to commission employees.

E. Whenever the public health or welfare is endangered, the commission may declare the existence of an emergency and, in such event, shall designate the location, nature, cause, area, extent and duration thereof. In the event of an emergency so declared, the commission may, with respect to all matters covered by this compact, do all things necessary, proper or convenient independently or in cooperation with any other agency, person, or entity, to initiate, carry on, and complete any and all remedial measures required to meet said emergency including the adoption and enforcement of any regulations and restrictions necessary for such purpose.

ARTICLE V. Lake Tahoe Basin

A. The right of the United States or its agent to store waters in Lake Tahoe between elevations 6,223.0 and 6,229.1 feet (Lake Tahoe datum) and to release said stored waters for beneficial uses downstream from Lake Tahoe Basin is hereby ratified and confirmed subject to the rights granted in Section D of this article.

B. It is agreed by the states subject to the consent of the head of the federal agency having jurisdiction thereof, that an overflow weir of approximately 140 feet in length with a crest elevation of 6,223.0 feet, Lake Tahoe datum, upstream from the Lake Tahoe outlet gates shall be constructed and installed with necessary channel improvements within four years from the effective date of this compact provided that should the commission decide that it is in the best interests of each of the two states, it may extend such period for such additional period or periods as it may deem reasonable. The cost of this installation shall be borne by the States of California and Nevada in equal amounts. As used herein, Lake Tahoe datum shall be measured with respect to the top surface of the hexagonal brass bolt seven-eighths inch in diameter, projecting one inch from the vertical face of the southerly concrete abutment wall of the present existing Lake Tahoe Dam, at approximately 3.2 feet below the top of the wall and approximately in line with the upstream ends of the cutwaters of the concrete piers between the sluiceways of the dam. This surface of the brass bolt is presumed for the purposes of the compact to have an elevation 6,230.0 feet Lake Tahoe datum, notwithstanding that it was determined by the U.S. Geological Survey on November 15, 1960, to be at an elevation of 6,228.86 feet above sea level datum of 1929.

C. The storage rights in Lake Tahoe shall be operated alone or in conjunction with other reservoirs so as to minimize the period and duration of high and low water elevations in Lake Tahoe, provided that exchanges of water or releases between Lake Tahoe and other reservoirs shall not measurably impair the intended purpose of such reservoirs.

D. Upon construction of the overflow weir provided for in Section B of this article, the total annual gross diversions for use within the Lake Tahoe Basin from all natural sources including ground water and under all water rights in said basin shall not exceed 34,000 acre-feet annually, of which 23,000 acre-feet annually is allocated to the State of California for use within said basin, and 11,000 acre-feet annually is allocated to the State of Nevada for use within said basin. After use of the water allocated herein, neither export of the water from the Lake Tahoe Basin nor the reuse thereof prior to its return to the lake is prohibited. This allocation is conditioned upon the construction of the overflow weir; however, it is recognized that there may well be a period of time between the effective date of the compact and the construction of the overflow weir; during that period of time both states shall be permitted to use waters within the Lake Tahoe Basin subject to the same conditions, both as to place of use and amounts of use, as are provided in this Article V.

E. In addition to the other allocations made by this compact, transbasin diversions from the Lake Tahoe Basin in both states existing as of December 31, 1959, may be continued, to the extent that such diversions are recognized as vested rights under the laws of the state where each such diversion is made.

The diversion of a maximum of 3,000 acre-feet per annum from Marlette Lake for use in Nevada is hereby recognized as an existing transbasin diversion within the meaning of this Section E.

F. Pumping from Lake Tahoe Basin for the benefit of downstream users within the Truckee River Basin shall be permitted only in the event of a drouth emergency as declared by the commission to the extent required for domestic, municipal, and sanitary purposes, and when it is determined by the commission that all other water available for such uses from all sources is being so utilized. In the event of such declaration of emergency, use of this water for such purposes shall have priority over use of water for any other purpose downstream from Lake Tahoe Basin. Pumping shall be done under the control and supervision of the commission and water pumped shall not be charged to the allocation of water to the Lake Tahoe Basin made herein.

ARTICLE VI. Truckee River Basin

The following allocations of water of the Truckee River and its tributaries, including Lake Tahoe releases, are hereby made in the following order of relative priority as between the states:

A. There is allocated to Nevada water for use on the Pyramid Lake Indian Reservation in amounts as provided in the 1944 Truckee River Decree (Final Decree in United States vs. Orr Ditch Company, et al. United States District Court for the District of Nevada, Equity No. A3). By appropriate court order, the United States, for and in behalf of the Pyramid Lake Indians shall have the right to change points of diversion, place, means, manner, or purpose of use of the water so allocated so far as such change may be made without injury to the allocations to either state.

B. There is allocated to California:

The right to divert within the Truckee River Basin in California 10,000 acre-feet of water per calendar year which may be stored in reservoirs at times when the flow in the channel of the Truckee River at the United States Geological Survey Gauging Station at or near the California-Nevada state line exceeds 500 cubic feet per second; provided that such diversions shall not in the aggregate exceed 2,500 acre-feet in any calendar month and the amount of such storage in any one reservoir, except Donner Lake, shall not exceed 500 acre-feet of active storage capacity.
The amount of water as decreed to the Sierra Valley Water Company by judgment in the case of United States vs. Sierra Valley Water Company, United States District Court for the Northern District of California, Civil No. 5597, as limited by said judgment.
Six thousand acre-feet of water annually from the conservation yield of Stampede Reservoir having a storage capacity of 225,000 acre-feet, subject to the execution of a contract or contracts therefor with the United States of America. California may divert all or any portion of said 6,000 acre-feet of conservation yield from Stampede Reservoir directly or by exchanges from any source on the Truckee River or its tributaries or from Lake Tahoe. California shall be allowed to deplete this allocation; provided, that in ascertaining the amount of depletion, credit for return flow shall be limited to the amounts of water which can be measured as a contribution to the Truckee River system.
If and when the water allocated to California in subparagraphs 1 and 3 of this section and in Article V is being used, or such use appears imminent, the commission shall permit California to develop additional yields of water for use in California, either directly or by exchange subject to the following limitations:

(a) All existing beneficial uses of water for domestic, municipal, industrial, and agricultural purposes in Nevada as determined by Nevada law as of that time together with the yield of Stampede Reservoir in excess of 6,000 acre-feet shall be recognized and not impaired by the development of such additional yield.

(b) Additional yields developed for use in California shall be limited to an amount not to exceed an aggregate of 10,000 acre-feet annually, and such development shall be for domestic, municipal, and industrial uses solely. California shall be allowed to deplete this allocation; provided, that in ascertaining the amount of depletion, credit for return flow shall be limited to the amounts of water which can be measured as a contribution to the Truckee River system.

(c) The right of the commission to permit Nevada to share in such additional yield upon participation by Nevada in bearing a proportionate cost of developing such additional yield.

C. The right to store in Prosser Creek Reservoir a maximum of 30,000 acre-feet of water annually with the priority as set forth in California State Water Rights permit 11666 and to release water therefrom as set forth in said permit and any license which may be issued thereunder is hereby recognized and confirmed.

D. There is allocated to Nevada all water in excess of the allocations made in Sections B and C of this article.

ARTICLE VII. Carson River Basin

The following allocations of water of the Carson River and tributaries are hereby made in the following order of priority as between states:

A. There is allocated to the State of California:

The right to divert from the natural flow of the West Fork Carson River and its tributaries for existing nonirrigation uses, and for direct irrigation use commencing on March 15 and ending on October 31 of each year on presently irrigable lands determined to be approximately 5,600 acres, an aggregate flow of water equal to a 30-day average of 3 c.f.s. per 100 acres or 168 c.f.s. for the area as a whole; provided that the 3 c.f.s. per 100-acre limitation shall not prevent greater rates of diversion for those areas which have an established greater rate of use; provided further, however, that the maximum aggregate diversion shall not exceed 185 c.f.s. measured at the points of diversion.

Provided, however, diversions for use downstream from the western boundary of Section 34, Township 11 North, Range 19 East, Mount Diablo Base and Meridian, shall be subject to the following limitations:

(a) Whenever, after the first Monday in May or any day in that week or alternate weeks thereafter of any year the flow of the West Fork of the Carson River at said western boundary shall have fallen below 175 cubic feet per second, then, until October 31 next, water users in California who divert from the West Fork of the Carson River downstream from said western boundary shall rotate all or any portion of the natural flow of the West Fork of the Carson River necessary to satisfy the demand of Nevada lands with water users in Nevada every other week beginning with the week following that in which water is used in Nevada, and during each rotation period said California users shall be entitled to divert the natural flow of the West Fork of the Carson River during their rotation weeks.

(b) Rotation between water users in California and Nevada on the West Fork of the Carson River may be terminated in whole or in part upon approval of the commission for such termination, upon provision being made so that sufficient water is available by storage or exchange to assure that the water users in Nevada will receive at the same time the flow of water which would have been available to the Nevada water users under rotation.

(c) Stock water, domestic water, and water for fire protection purposes may be diverted downstream from said western boundary from the natural flow of the West Fork of the Carson River at all times by owners of irrigation water rights in California whose lands are contiguous to the West Fork of the Carson River; provided, however, that such diversion shall be limited to the amounts actually required to deliver water for such purposes, and any excess over the amount so diverted shall be returned to the West Fork of the Carson River whenever practicable. Water diverted under this provision shall not be converted to any other use. The commission or its designee shall rule on any challenge relative to the necessity and amount of water required for such purposes.

The right to divert from the natural flow of the East Fork Carson River and its tributaries for existing nonirrigation uses, and for direct irrigation use commencing on March 15 and ending on October 31 of each year on presently irrigable lands determined to be approximately 3,820 acres, an aggregate flow of water equal to a 30-day average of 3 c.f.s. per 100 acres or 115 c.f.s. for the area as a whole; provided that the 3 c.f.s. per 100-acre limitation shall not prevent greater rates of diversion for those areas which have an established greater rate of use; provided further, however, that the maximum aggregate diversion shall not exceed 115 c.f.s. measured at the points of diversion.
There is allocated to the State of California the right to store 2,000 acre-feet of water per annum within Alpine County for supplemental use on presently irrigated lands within said county adverse to Lahontan Reservoir but subject to all other existing uses in Nevada. Water stored pursuant to this section remaining at the end of the year shall be deemed to have been stored in the succeeding year.

B. There is allocated to the State of Nevada:

The right to divert water from the natural flow of the Carson River and its tributaries during the period commencing March 15 and ending October 31 of each year at the rate of 3 c.f.s. per 100 acres for use on presently irrigated lands in the area above Lahontan Reservoir determined to be approximately 41,320 acres. The rate of 3 c.f.s. per 100 acres is based on a 30-day average for the area as a whole and shall not prevent greater rates of diversion for those areas that have an established greater use; provided that the aggregate diversion measured at the points of diversion shall not exceed 700 c.f.s. on the East Fork of the Carson River, 300 c.f.s. on the West Fork of the Carson River, and 220 c.f.s. on the Main Carson River below the confluence of the East and West Forks.

The combining and exchanging of the use of water between ditches and among users shall be permitted at all times and shall be required whenever necessary in order to obtain reasonable economy in the use of the water of the river or other streams, or in order to give to each ditch or user a more advantageous irrigation head.

Subject to allocations made in subsection B.1 and Section C of this article, the right to divert water from the Carson River for irrigation use either by direct diversion or by storage in Lahontan Reservoir or other existing reservoirs for use on the Newlands Project.

C. There is allocated to each state the right to store water in existing reservoirs upstream from Lahontan Reservoir to the extent of existing capacity with the appropriate priority with respect to natural flow rights upstream from Lahontan Reservoir under applicable state law, and use such stored waters on the lands in each state to which the storage is appurtenant.

D. Additional yields shall be available for development under the currently authorized Washoe Project from water available in excess of existing beneficial uses recognized by Nevada law, or under other new projects upon a determination by the commission that there is water available on the Carson River and its tributaries in excess of that required to satisfy existing beneficial uses in Nevada as determined by Nevada law as of the time of authorization or construction of such new projects. Such additional yields shall be allocated between the states with equal priority, 20 percent of which shall be allocated to California and 80 percent to Nevada.

Each state shall have the right to participate in any development project by bearing a proportionate cost of such development. In the event that joint developments are found to be not feasible or desirable, each state may develop separately its proportionate share of the remaining water.

E. Except as provided by Article X of this compact, the waters of the Carson River shall not be used in areas outside the Carson River Basin.

ARTICLE VIII. Walker River Basin

A. Allocation to Present Rights and Uses

Except as the rights of the Walker River Irrigation District may be limited by subsections 2 and 3 below, the provisions of the decree in the case of United States v. Walker River Irrigation District, et al., United States District Court for the District of Nevada Equity No. C-125, filed April 15, 1936, as amended by the Order of the Honorable A.F. St. Sure, dated April 24, 1940, hereafter called Decree C-125 are hereby recognized and confirmed.
The rights of the Walker River Irrigation District to store water of the West Walker River in Topaz Reservoir with a storage capacity of 59,000 acre-feet, under Part VIII of Decree C-125 and under any other basis of right, and to use such water, are hereby recognized and confirmed, subject to the following:

(a) The maximum quantity of water which can be diverted annually to storage is 85,000 acre-feet. No more than 85,000 acre-feet of water less reservoir evaporation can be rediverted for use within the district annually. The 85,000 acre-feet amount so allowed to be diverted to storage and rediverted to use include water used under direct diversion rights in Decree C-125 acquired by said district prior to 1964. For the purpose of this provision annually means the period from November 1 through October 31 of the following year.

(b) The maximum rate of diversion to such reservoir under such rights is 1,000 c.f.s.

(c) For the purpose of determining the availability of water to satisfy rights junior to the Topaz Reservoir storage rights of the Walker River Irrigation District, or for division between the states as unused water, water which has been stored, or is available for storage in and can be physically diverted to such reservoir under such reservoir rights but is released or is allowed to pass through the reservoir and is not rediverted to use in Nevada, shall be deemed to have been held in storage; provided, that until a new major storage project is constructed on the West Walker River, the foregoing shall not apply to the extent that said district with the concurrence of the watermaster determines, prior to the release or passing through of such water from Topaz Reservoir in any year, that it is necessary to release or pass through such water in order to provide storage space in Topaz Reservoir as a means of protecting lands in Nevada against flood damage later in the year.

The rights of the Walker River Irrigation District to store water of the East Walker River in Bridgeport Reservoir with a storage capacity of 42,000 acre-feet, under Part VIII of Decree C-125 and under any other basis of right, and to use such water, are hereby recognized and confirmed, subject to the following:

(a) The maximum quantity of water which can be diverted to storage in any year is 57,000 acre-feet. No more than 57,000 acre-feet of water less reservoir evaporation can be rediverted for use within the district in any year. The 57,000 acre-feet amounts so allowed to be diverted to storage and rediverted to use include water used under direct diversion rights in said decree acquired by said district prior to 1964 except for water used under such rights prior to 1964 on lands owned by said district in Bridgeport Valley. For the purpose of this provision year means the period from November 1 of one calendar year to October 31 of the following calendar year.

(b) Water of the East Walker River and its tributaries may, adversely to the Bridgeport Reservoir storage rights hereinabove recognized and confirmed, be stored upstream from said reservoir in any year, for later use after the spring flood of the year in which the water was so stored, under rights junior to said reservoir rights; provided, that when the Walker River system is put on priority under Decree C-125 after the annual spring flood, or upon demand made prior to the spring flood for water necessary to satisfy early season demand, the watermaster shall make an accounting and water shall be released from said upstream storage in such amounts as determined by the watermaster to be necessary to satisfy said reservoir rights to the same extent as they would have been satisfied in the absence of said adverse upstream storage.

(a) There is allocated to each state respectively the amount of existing diversions and uses of water of the Walker River Basin diverted upstream from Weber Reservoir and not specifically covered in Decree C-125, provided, that this allocation shall not include water distributed under the historical administration of Decree C-125 in excess of the rights set forth in Decree C-125 to lands having rights thereunder. In making this allocation, it is recognized that the amounts of water allocated and the respective priorities are not presently known with certainty. The commission shall as soon as practicable after its effectuation provide for an investigation, either with its own staff or by other agencies or persons, to ascertain with certainty the amounts of water and priorities of such uses. As between the respective states, the priorities shall be determined as follows: In cases of use not under state-recognized rights, the priorities shall be the date of initiation of use; in cases of use under state-recognized rights, the priorities shall be as provided under the law of the state where the diversion is made. Upon approval by the commission, the results of the investigation shall be binding as to the allocation to each state hereunder.

(b) In addition to rights recognized in subsection A.1 of this article there is allocated to Nevada for use on the Walker River Indian Reservation a maximum of 13,000 acre-feet per year for storage in Weber Reservoir and later rediversion to use and in addition 9,450 acre-feet per year to be diverted from natural flow. Both allocations shall have a priority of 1933. The season for diversion of water to storage shall be from November 1 to October 31 of the following year. The season for diversion of water directly for use shall be from March 1 to October 31 and at a maximum rate of 60 cubic feet per second. For the purpose of determining the availability of water to satisfy rights junior to this allocation or for division between the states as unused water, water which has been stored, or which can be physically stored or diverted to use under this allocation but is released or is allowed to pass through Weber Reservoir and is not rediverted to use on the Walker River Indian Reservation, shall be deemed to have been held in storage or used; provided, that the foregoing shall not apply to the extent that the appropriate representative of said reservation with the concurrence of the watermaster determines prior to the release or passing through of such water from Weber Reservoir in any year, that it is necessary to release or pass through such water in order to provide storage space in Weber Reservoir as a means of protecting lands in Nevada against flood damage later in the year; provided, further, that the foregoing shall not apply to passage of water of inferior quality to the extent that such passage may be necessary to maintain the water of suitable quality for irrigation on said reservation as determined by the commission.

Water of the Walker River and its tributaries may, adversely to the Weber Reservoir storage rights hereinabove recognized and confirmed, be stored upstream from said reservoir in any year, for later use after the spring flood of the year in which the water was so stored, under rights junior to said reservoir rights; provided, that when the Walker River system is put on priority under Decree C-125 after the annual spring flood, or upon demand made prior to the spring flood for water necessary to satisfy early season demand, the watermaster shall make an accounting and water shall be released from said upstream storage in such amounts as determined by the watermaster to be necessary to satisfy said reservoir rights to the same extent as they would have been satisfied in the absence of said adverse upstream storage.

In addition to rights recognized in subsections A.1 and A.4(a) above, there is allocated to California water of the West Walker River as follows:

(a) When all direct diversion rights under Decree C-125 are being satisfied and simultaneously water of the West Walker River is being diverted to storage pursuant to the Topaz Reservoir storage rights recognized and confirmed in subsection 2 of this Section A, but there is not flow in excess of that required to fully satisfy Topaz Reservoir storage rights, diversions in Antelope Valley in excess of the amounts to which Antelope Valley lands are entitled under Decree C-125 shall be permitted by the watermaster for such periods and in such amounts as, in the sound professional judgment of the watermaster, will not cause, on an overall irrigation season basis, any discernible net reduction in the amount of water available to satisfy said Topaz Reservoir storage rights.

(b) Such excess diversions may be used only on Antelope Valley lands entitled to water under Decree C-125 which can be served from the ditch systems existing as of the effective date of this compact.

(c) The allocation in this subsection 5 shall terminate after construction of a new major storage project on the West Walker River upstream from Antelope Valley.

B. Allocation of Unused Water

The term unused water includes all waters of the Walker River and its tributaries in excess of the amounts allocated, or required for satisfaction of rights and uses recognized and confirmed, as provided under Section A of this Article VIII, except that there shall be excluded therefrom natural flow which is not physically available above the head of Mason Valley. There is allocated to the State of California 35 percent of such unused water, and there is allocated to the State of Nevada 65 percent of such unused water. The allocation to each state provided herein in this subsection B.1 shall be equal in priority.

(a) The reregulation by storage of waters allocated for storage shall not be considered as the development of unused water.

Neither state shall be precluded from constructing works for the control, use and development of the water allocated pursuant to subsection B.1 of this article for optimum use of water.
While separate development may be undertaken by either state for surface storage of unused water of the West Walker River so allocated, the State Engineer of the State of Nevada and the Department of Water Resources of the State of California shall cooperate in a joint review of all potential developments of unused water of the West Walker River so allocated in subsection B.1 of this Article VIII and shall prepare and present a report of the benefits to be obtained, and other relevant data from each such development to the commission or if the commission has not yet become operative, to the joint commission which negotiated this compact, at a public hearing or hearings held at times and places within the Walker River Basin set by the commission or said joint commission.

(a) Should a separate surface storage project or projects be constructed in Nevada to develop Nevadas share of the unused water of the West Walker River, California may thereafter store and use said unused water allocated to Nevada adverse to such Nevada storage projects, provided that, without charge to Nevada, California makes available for consumptive use in Nevada, water in the same amounts, at the same times, and in the same places as would have been available for use in Nevada from such Nevada storage projects had California not so stored and used said unused water allocated to Nevada; and provided further that Nevada shall not be deprived of water required for: (1) maintenance of a minimum reservoir level for the preservation of fish life and (2) nonconsumptive uses which are found by the commission to be in the public interest of the Walker River Basin as a whole.

(b) From time to time after construction of each surface storage project upstream from Topaz Reservoir, for development of the unused water allocated herein, the commission shall determine the amounts of water which may be diverted and used in each state pursuant to its allocation as the result of the construction and operation of such project. In making such determination the commission shall compute any increase of yield of previously constructed reservoirs which may result from operation of such project constructed to develop unused water and shall include such increase in the amounts of water which may be diverted and used in each of the two states pursuant to its allocation of unused water.

Return flow to the Walker River or its tributaries from any source shall be deemed to be natural flow.
Unused water shall be used only:

(a) Within the Walker River Basin;

(b) Within the portion of Artesia Lake Basin south of the northern township line of Tier 12 North and west of a line one mile east of the eastern range line of Range 23 East, Mount Diablo Base Line and Meridian;

(c) Within the portion of Mason Valley and Adrian Valley south of the northern township line of Tier 15 North, Mount Diablo Base Line;

(d) Within the area tributary to Topaz Lake; or

(e) Any combination of the above areas.

C. Watermaster

A single watermaster shall have the responsibility and power to administer: (a) all rights and uses of water of the Walker River Basin recognized in Section A of this Article VIII, including rights under Decree C-125, (b) the allocation between the states provided for in this compact of water of the Walker River Basin in excess of that necessary to satisfy such rights and uses, and (c) all rights acquired to use water so allocated.
The watermaster shall be nominated by the commission as soon as practicable after this compact goes into effect, but his appointment shall not become effective until approved and confirmed by the Federal District Court for the District of Nevada, it being the intent of this compact that only a person satisfactory to both the commission and said court be the watermaster under this compact and under Decree C-125. At any time either the commission or said court may terminate the appointment of the person serving as watermaster by adopting an appropriate resolution or order, and notifying the other and the watermaster thereof. When a vacancy occurs by such action or by the death or resignation of the person serving as watermaster, a successor shall be selected by the same procedure as provided for the original appointment.
Until appointment of the watermaster becomes effective by approval and confirmation of said court, either as to the original selection of the watermaster or subsequent selections to fill a vacancy, a person designated by the commission shall have interim responsibility and power to administer the allocation between the states referred to in subsection 1(b) above and all rights and uses other than the rights under Decree C-125, and the rights and uses under Decree C-125 shall be administered on an interim basis as may be provided by said court.
Actions and decisions of the watermaster as to the administration of the rights under Decree C-125 shall be subject to review and modification by said court. Actions and decisions of the watermaster as to the administration of the allocation between the states referred to in subsection 1(b) above and of all rights and uses other than rights under Decree C-125 shall be subject to review and modification by the commission.
Said court is requested to appoint a six-member advisory board composed of one person each representing: (1) the East Walker River Basin in California, (2) the West Walker River Basin in California, (3) the East Walker River Basin in Nevada, (4) the West Walker River Basin in Nevada, (5) the Main Walker River Basin in Nevada, and (6) the Walker River Indian Reservation. The watermaster shall prepare an annual budget of proposed expenditures for personnel, equipment, supplies, and other purposes deemed by him to be necessary to carry out his functions. In the formulation of said budget the watermaster shall consult with said advisory board. In the event that said advisory board is not in agreement with the budget proposed by the watermaster, it shall so advise said court. Said budget shall require approval of both the commission and said court to become effective.
The expenditures attributable to administration of the rights under Decree C-125 shall be apportioned and collected in accordance with orders of said court. The expenditures attributable to administration of all other rights and uses of the water of the Walker River Basin under this compact shall be equitably apportioned among, and collected from, the users thereof by the watermaster under rules and regulations of the commission, and the commission shall have the power to enforce collection thereof by any reasonable means, including court action in any state or federal court of appropriate jurisdiction. The expenditures attributable to administering the allocation between the states referred to in subsection 1(b) above shall be borne by the commission as part of the expense under Article IV, subsection B.1 of this compact.

ARTICLE IX. Ground Water and Springs

A. Development and Use of Ground Water

Both states shall have the right to develop and use ground water within their respective boundaries; provided that development and use of ground water in one state shall no

NRS 538.650

NRS

538.650

Special distribution from Contingency Account to protect water right or supply of water from challenge or encroachment originating outside Nevada.

If a judicial or administrative proceeding has been initiated, by or on behalf of a person or other entity from outside of this state, that could adversely affect or place in jeopardy a water right or supply of water within this state, a local government may submit a request to the Director of the State Department of Conservation and Natural Resources for a special distribution by the Interim Finance Committee from the Contingency Account.
The Director of the State Department of Conservation and Natural Resources shall consider the request, may require from the requester such additional information as it deems appropriate, and shall, if the Director finds that a special distribution should be made, request approval from the State Board of Examiners and amount of the distribution to the Interim Finance Committee for its independent evaluation and action. The Interim Finance Committee is not bound to follow the recommendation of the State Board of Examiners or the Director of the State Department of Conservation and Natural Resources.
The State Board of Examiners and the Director of the State Department of Conservation and Natural Resources shall transmit its recommendation to the Director of the Legislative Counsel Bureau, who shall notify the Chair of the Interim Finance Committee. The Chair shall call a meeting of the Committee to consider the recommendation.
The Interim Finance Committee may make a special distribution from the Contingency Account if it finds that:

(a) The grant will be expended to assist local governments in the defense and protection of water rights and supplies of water, on behalf of the people of this state, from any challenge or encroachment originating outside of this state; and

(b) The requester will provide an amount of money, at least equal to the grant, for the same purpose.

The recipient of a special distribution made pursuant to this section:

(a) Shall provide an amount of money at least equal to the allocation which must be used for the same purpose.

(b) May, in accomplishing the public purpose set forth in paragraph (a) of subsection 4, use the money to employ legal counsel and other consultants necessary to participate in or negotiate the settlement of judicial or administrative proceedings concerning water rights or supplies of water.

(c) Shall report to the Interim Finance Committee upon the expenditure of the money at such times and in such detail as is required by the Interim Finance Committee.

The total of the special distributions made by the Interim Finance Committee pursuant to this section must not exceed $250,000 during each biennium. Any money distributed pursuant to this section that is not expended for the purpose for which it was distributed reverts to the Contingency Account at such time as is specified by the Interim Finance Committee.
As used in this section, local government means a political subdivision of this state, including, without limitation, a city, county, irrigation district, water district or water conservancy district.

(Added to NRS by 1991, 2070 )

NRS 539.013

NRS

539.013

Definitions.

As used in this chapter:

County treasurer or treasurer of the county shall be held to mean ex officio tax receiver or tax receiver of the county.
Irrigation district or district shall be held to mean any irrigation district organized under the laws of this state prior to July 1, 1919, as well as under this chapter, to the full extent required to accomplish the purposes of this chapter. Whenever the words irrigation district are or have been used in any action or proceeding or in any act or resolution of the Legislature, such words shall be construed to mean an irrigation district organized under the provisions of chapter 134, Statutes of Nevada 1911, or acts supplementary thereto or amendatory thereof, or an irrigation district organized or existing under this chapter.
Works of an irrigation district shall be held to include any drain or watercourse, any side, lateral, spur or branch ditch or drain, whether opened, covered or tiled, or any natural watercourse into which drains or ditches of the district may enter for the purpose of outlet, whether such watercourse is situated in or outside of the district.

[Part 10a:64:1919; added 1923, 289 ; NCL § 8018] + [67:64:1919; 1919 RL p. 3293; NCL § 8085] + [Part 70:64:1919; 1919 RL p. 3294; NCL § 8088]

NRS 539.017

NRS

539.017

Construction.

Nothing in this chapter shall be construed as repealing or in any wise modifying the provisions of any other law relating to the subject of irrigation or drainage except such as may be contained in chapter 134, Statutes of Nevada 1911, and subsequent acts supplementary thereto or amendatory thereof, all of which acts, so far as they may be inconsistent with this chapter, are repealed.
Nothing in this chapter shall be so construed as to:

(a) Affect the validity of any district organized under the laws of this state prior to July 1, 1919, or its right in or to property, or any of its rights or privileges of whatsoever kind or nature; but such districts are hereby made subject to the provisions of this chapter as far as applicable.

(b) Affect, impair or discharge any contract, obligation, lien or charge for or upon which any district was or might become liable or chargeable had this chapter not been passed.

(d) Affect any action pending on July 1, 1919.

In such districts as have been organized prior to July 1, 1919, and in which directors of the various divisions thereof have been elected by the votes of the electors of the district at large, such elections are hereby confirmed.
In the cases of any district or districts any portion of the proceedings for the organization of which were instituted under prior existing laws and completed under the provisions of this chapter, such district or districts shall be deemed to have been duly organized under this chapter, and the organization thereof is hereby confirmed.
Any district organized under prior laws of this state may adopt and subject itself to all the provisions of this chapter by a unanimous resolution of its board of directors, and the organization of such district is hereby confirmed.
The directors of any district organized prior to July 1, 1919, and not divided into divisions may request the board of county commissioners to define and establish such divisions, and the board of county commissioners shall forthwith define and establish divisions in such district as nearly equal in size as practicable and in number equal to the directors in the district.

[68:64:1919; A 1921, 118 ; 1923, 289 ; NCL § 8086] + [69:64:1919; 1919 RL p. 3293; NCL § 8087]

FORMATION

NRS 539.020

NRS

539.020

Petition for organization of district.

A majority in number of the holders of title, or evidence of title, to lands susceptible of one mode of irrigation from a common source or combined sources, and by the same system or combined systems of works, may propose the organization of an irrigation district pursuant to this chapter if they hold title or evidence of title to at least one-half part of the total area of the land in the proposed district. In computing the total area in the proposed district, the public domain of the United States of America, excepting any portion thereof held by entrymen pursuant to any law of the United States, must be excluded.
Every signer of a petition for the organization of an irrigation district must be the holder of title or evidence of title to land within the proposed district. The holder of a bona fide contract to purchase land, having been in the actual possession thereof at least 1 year pursuant to the contract, and whose name appears upon the preceding equalized county assessment roll for the payment of taxes of the land, shall be deemed the holder of title thereto for all of the purposes of this chapter.
The equalized county assessment roll next preceding the presentation of a petition for the organization of an irrigation district is sufficient evidence of title for the purpose of this chapter, but other evidence may be received, including receipts or other evidence of rights of entrymen on land pursuant to any law of the United States. These entrymen are competent signers of the petition and the land on which they have made entries shall, for the purpose of the petition, be deemed to be owned by them. The entrymen share all the privileges and obligations of freeholders and owners of private land within the district pursuant to this chapter, including the right to vote and hold office, subject to the terms of the Act of Congress entitled An Act to promote the reclamation of arid lands, approved August 11, 1916, being c. 319, 39 Stat. 506, also designated as 43 U.S.C. §§ 621-630.

[Part 1:64:1919; A 1921, 118 ; 1927, 302 , 309 ;

1929, 77 ; NCL § 8008]—(NRS A 1989, 1172 )

NRS 539.023

NRS

539.023

Inclusion of state lands in district; Governor may sign petition.

When within a proposed irrigation district there exists one or more tracts of land owned and used by the State of Nevada for state purposes and susceptible of the same mode of irrigation or taking water for irrigation from the same source, system or combined systems as other privately owned lands within the proposed district, the Governor, with the advice of the State Engineer, may sign any petition for the organization of such irrigation district.
Should such irrigation district be thereafter organized in accordance with the provisions of law, such lands so belonging to the State of Nevada shall be subject to the same rights, privileges and obligations as are or may be belonging to or imposed on the privately owned lands within the district, and in this respect and for the purposes of carrying out the provisions of this chapter the heads of departments or the commissions or boards having supervision or control of the state institution to which such tracts or units of land are attached, for supervisory purposes, shall include in their report and biennial budget for submission to the Governor and Legislature such items or amounts as may from time to time become an obligation on the lands of the district.

[Part 1:64:1919; A 1921, 118 ; 1927, 302 , 309 ;

1929, 77 ; NCL § 8008]

NRS 539.025

NRS

539.025

Contents of petition.

Whenever it is proposed to organize an irrigation district, a petition shall first be presented to the board of county commissioners of the county in which the lands or the greater portion thereof are situated, signed by the required number, possessing the qualifications provided for in NRS 539.020 and 539.023 , which petition shall:

(a) Set forth and particularly describe the proposed boundaries of the district.

(b) Pray that the same may be organized under the provisions of this chapter.

The petitioners may determine in the petition whether the proposed district shall be divided into three, five or seven divisions, and whether it shall have three, five or seven directors. If no number is named in the petition, the board of county commissioners may determine whether the number shall be three, five or seven.

[Part 1:64:1919; A 1921, 118 ; 1927, 302 , 309 ;

1929, 77 ; NCL § 8008] + [Part 2:64:1919; A 1921, 118 ; NCL § 8009]

NRS 539.037

NRS

539.037

Determination as to land to be formed into district.

Contiguous or neighboring lands susceptible of irrigation from the common source or combined sources, not included in the district as described in the petition, at the hearing may, upon application of the holder or holders of title or evidence of title thereto as prescribed in NRS 539.020 and 539.023 , be included in the district.
Lands described in the petition not susceptible of irrigation from such system or systems may upon similar application be excluded therefrom.
The board of county commissioners shall not modify the boundaries described in the petition so as to change the object of the petition or so as to exempt from the operation of this chapter any land which is susceptible of irrigation by such system or systems.

[Part 3:64:1919; A 1921, 118 ; 1925, 203 ; 1931, 265 ; 1935, 135 ; 1931 NCL § 8010]

NRS 539.047

NRS

539.047

Notice of election: Contents; publication.

The board of county commissioners shall give notice of such election, which shall be published for 2 weeks prior to such election in a newspaper within the county where the petition is filed.
Such notice shall require the electors to cast ballots, which shall contain the words Irrigation District—Yes, or Irrigation District—No, or words equivalent thereto, and the names of persons to be voted for as directors.

[Part 3:64:1919; A 1921, 118 ; 1925, 203 ; 1931, 265 ; 1935, 135 ; 1931 NCL § 8010]

NRS 539.055

NRS

539.055

Canvass of votes; order declaring territory formed as district under designated name; recording of order and plat.

The board of county commissioners shall meet on or before the sixth working day succeeding such election and proceed to canvass the votes cast thereat.
If upon such canvass it appears that a majority of the electors voted Irrigation District—Yes, the board, by an order entered upon its minutes, shall:

(a) Declare such territory duly organized as an irrigation district under the name and style theretofore designated.

(b) Declare the persons receiving respectively the highest number of votes for directors to be duly elected.

(c) Cause a copy of such order and a plat of the district, each duly certified by the clerk of the board of county commissioners, to be immediately filed for record in the office of the county recorder of each county in which any portion of such lands is situated. Certified copies thereof shall also be filed with the county clerks of such counties.

Thereafter, the organization of the district shall be complete.

[Part 4:64:1919; A 1927, 309 ; NCL § 8011]—(NRS A 2007, 626 )

NRS 539.060

NRS

539.060

Name of district; change of name of certain districts.

The name of any district organized after July 1, 1919, pursuant to this chapter must contain either the words irrigation district, water conservation district, water conservancy district or water improvement district.
Any district organized and existing before, on or after July 1, 1919, the name of which must include the words irrigation district, may change its name by substituting for the word irrigation either the words water conservation, water conservancy or water improvement, or may change the entire name or designation of the district by filing with the board of county commissioners, with which the original petition was filed for the organization of the district, a certified copy of a resolution of its board of directors adopted by the unanimous vote of all the members of the board at a regular meeting thereof providing for such a change of name. All proceedings of such a district must be had under the changed name, but all existing obligations and contracts of the district entered into under its former name must remain outstanding without change and with the validity thereof unimpaired and unaffected by the change of name.

[71:64:1919; added 1921, 118 ; A 1923, 289 ; NCL § 8089]—(NRS A 1997, 1621 )

INTERNAL ORGANIZATION

NRS 539.063

NRS

539.063

Officers of district.

The officers of an irrigation district shall consist of three, five or seven directors, a president and a vice president elected from their number, and a secretary and treasurer.

[Part 9:64:1919; A 1921, 118 ; 1923, 289 ; 1927, 309 ; 1933, 271 ; 1931 NCL § 8016]

NRS 539.071

NRS

539.071

Expansion of number of directors authorized if federal reclamation project operated and project authorized for additional purposes; procedure.

Notwithstanding any other provision of this chapter, if an irrigation district operates a federal reclamation project pursuant to a contract with the United States and the project is authorized for purposes in addition to irrigation, the district may expand the number of directors on the board of directors of the district in the manner provided in this section.
The number of directors may be increased pursuant to this section by a number not to exceed one less than the number of elected directors on the board. The addition of directors pursuant to this section may be proposed by resolution adopted by the board of directors or upon the petition of not less than 51 percent of the qualified electors of the district.
The resolution or petition proposing to increase the number of directors must designate the number of additional directors proposed, the interest to be represented by each additional director and the method by which each additional director will be appointed. The interest to be represented by each additional director must be an interest which owns a water right for an authorized purpose of the federal reclamation project.
The board of directors shall submit the question of expanding the board of directors in accordance with the resolution or petition to the qualified electors of the district at the next district election or primary or general state election. Notice of the election must be given in the manner provided in NRS 539.125 .
If the result of the election is in favor of the expansion, the board of directors must be expanded in accordance with the resolution or petition. The new directors must be appointed at the time of the next biennial election of directors, and must determine their respective tenures of office in the manner provided in NRS 539.065 . After the initial terms, directors appointed pursuant to this section hold office for a term of 4 years. The successor to a director appointed pursuant to this section must be appointed not later than the biennial election which coincides with the expiration of the directors term.
By resolution of the elected directors or by petition of not less than 51 percent of the qualified electors of the district, the directors added pursuant to this section may be eliminated, or the interests they represent or their appointing authorities may be changed, in the same manner that directors are added pursuant to this section.

(Added to NRS by 1991, 1081 ; A 1993, 1081 )

NRS 539.097

NRS

539.097

Records open to inspection.

All records of the board shall be open to the inspection of any elector during business hours.
The board of directors of each irrigation district, or the secretary thereof, shall at any time allow any member of the board of county commissioners, when acting under the order of such board, to have access to all books, records and vouchers of the district which are in the possession or control of the board of directors or the secretary.

[Part 9:64:1919; A 1921, 118 ; 1923, 289 ; 1927, 309 ; 1933, 271 ; 1931 NCL § 8016] + [52:64:1919; 1919 RL p. 3288; NCL § 8070]

NRS 539.115

NRS

539.115

When regular elections of irrigation districts to be held.

The regular elections of irrigation districts shall be held on the first Tuesday after the first Monday in April of the second calendar year after the completion of the organization thereof, and on the same day biennially thereafter, or as to districts organized prior to July 1, 1919, biennially after the first regular election therein.

[Part 5:64:1919; A 1933, 271 ; 1931 NCL § 8012]

NRS 539.127

NRS

539.127

Registration of electors required; reregistration.

No election for any purpose except for organization shall be held in any irrigation district without registration.
If an elector is currently registered on or registers after July 1, 1967, and remains eligible, the elector shall not be required to reregister in order to vote at any succeeding election, but before the elector shall be permitted to vote at such election, if the elector shall not have reregistered therefor, the elector shall be required to take and subscribe the registration oath before the board of election, on a form provided by the district, as evidence of the electors continued eligibility.

[Part 6:64:1919; A 1921, 118 ; 1923, 289 ; 1927, 309 ; 1931, 75 ; 1935, 135 ; 1931 NCL § 8013]—(NRS A 1967, 1215 )

NRS 539.160

NRS

539.160

Directors subject to recall from office.

Every director of an irrigation district organized and existing under the laws of the State of Nevada shall be subject, as provided in NRS 539.160 to 539.187 , inclusive, to recall from office by the qualified electors of the irrigation district from which the director was elected.

[1:186:1927; NCL § 8206]

NRS 539.163

NRS

539.163

Petition for recall: Contents; required signatures; filing.

For the purpose of recalling any director of an irrigation district there shall be first filed with the secretary of the irrigation district from which such director was elected a petition signed by qualified electors of such irrigation district equal in number to at least 35 percent of the vote cast at the last preceding election held in and for the district.
The petition shall also contain the residence addresses of the signers, and shall set forth in not to exceed 200 words the reason why the recall is demanded.

[2:186:1927; A 1933, 98 ; 1931 NCL § 8207]

NRS 539.170

NRS

539.170

Special election: Call; when held.

Upon the filing of the petition, the board of directors of the irrigation district shall, not sooner than 10 days nor more than 20 days thereafter, issue a call for a special election to be held within 20 days after the issuance of the call therefor, in the irrigation district electing such director, to determine whether the electors shall recall such director.

[Part 3:186:1927; NCL § 8208]

NRS 539.175

NRS

539.175

Removal of signature from recall petition: Procedure.

Any signer of a petition to recall a director of a district may, at any time within 5 days after the filing of the petition with the secretary of the irrigation district, have his or her name stricken from the petition by filing a written request therefor with the secretary of the district. His or her name shall thereupon not be considered as a signer of the petition.

[Part 3:186:1927; NCL § 8208]

NRS 539.177

NRS

539.177

Nominating petitions for successors; filing.

Other candidates for the office may be nominated to be voted for at the special election by petition, which petition shall be signed by qualified electors of the district holding the election, equal in number to 35 percent of the number of votes cast for the director receiving the highest number of votes at the election next preceding.
The nominating petition shall be filed with the secretary of the irrigation district at least 15 days prior to the date of the special election.

[9:186:1927; A 1933, 98 ; 1931 NCL § 8214] + [10:186:1927; NCL § 8215]

NRS 539.188

NRS

539.188

Special election may be held upon unanimous vote of board of directors.

For the purposes of NRS 539.237 , 539.240 , 539.243 ,

539.297 , 539.380 , 539.397 ,

539.410 , 539.417 , 539.433 ,

539.465 , 539.545 , 539.557 ,

539.577 , 539.587 and 539.690 , a special election may be held at any time upon the unanimous vote of the board of directors of an irrigation district.

(Added to NRS by 1993, 1081 ; A 1997, 1307 )

NRS 539.195

NRS

539.195

Entry upon land to make surveys and locate works.

The board and its agents and employees shall have the right to 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.

[Part 10:64:1919; A 1921, 118 ; 1923, 289 ; 1925, 203 ; 1927, 309 ; 1951, 55 ]

NRS 539.201

NRS

539.201

Purchase of liability insurance.

An irrigation district may purchase and maintain insurance or make other financial arrangements on behalf of any person who is or was an officer of the irrigation district specified in NRS 539.063 or an agent, officer, employee, delegate or representative appointed or employed pursuant to NRS 539.193 for any liability asserted against the person and liability and expenses incurred by the person in his or her capacity or arising out of his or her status as such an agent, officer, employee, delegate or representative of the irrigation district.

(Added to NRS by 2013, 487 )

NRS 539.217

NRS

539.217

Conveyance or donation of lands acquired by district.

Any lands bought by an irrigation district at a sale for the payment of delinquent taxes or lands otherwise acquired by the district which are not required for the purposes of the district may be donated to the State or conveyed to any purchaser upon such terms as the board of directors, by unanimous vote, deems to be in the best interests of the district.
If there is an adequate supply of water available for the land upon which no assessment, tax, charge or toll is owed, the board of directors may make any desired disposition of the water right appurtenant to that land.

[10f:64:1919; added 1939, 182 ; 1931 NCL § 8021.02]—(NRS A 1987, 93 )

NRS 539.223

NRS

539.223

Rights-of-way over state lands granted; duties of State Engineer and Director of State Department of Conservation and Natural Resources.

The right-of-way is hereby given, dedicated and set apart for the purpose of locating, constructing, operating and maintaining irrigation or other works of a district, including reservoirs, over, upon and through any of the lands which are now or which may hereafter be the property of the State.
When such rights-of-way or reservoirs are or will be occupied by a district for any of the purposes specified in this chapter, the Director of the State Department of Conservation and Natural Resources shall, upon receipt of a certificate to that effect from the State Engineer, forthwith withdraw such lands from sale and issue his or her certificate and notice to the district affected, stating in substance that such lands have been and shall continue to be withdrawn from sale during the period such rights-of-way or reservoirs shall remain in use and operation.

[34:64:1919; A 1935, 135 ; 1931 NCL § 8047]—(NRS A 1957, 656 )

NRS 539.225

NRS

539.225

Eminent domain; rules of practice.

All irrigation districts organized under the laws of the State of Nevada shall have the right of eminent domain with the power by and through their boards of directors to cause to be condemned and appropriated in the name of and for the use of such districts all reservoirs, canals and works, with their appurtenances, constructed for the irrigation or drainage of any lands within the district or for uses incidental thereto, and all lands required therefor, and all lands and rights-of-way required for the works constructed, or to be constructed, or which may be acquired by the district, and all necessary appurtenances and other property and rights necessary for the construction, operation, maintenance, repair and improvement of the works.
Such districts shall have the right by and through their boards of directors to acquire by purchase or other legal means any or all of the property mentioned and referred to in this section.
In any action or proceedings for the condemnation of any such property wherein an irrigation district is plaintiff, such district, within 6 months after final judgment, shall pay the amount awarded in the judgment, or the judgment will be annulled.
Except as otherwise provided in this chapter the provisions of NRS, Nevada Rules of Appellate Procedure and Nevada Rules of Civil Procedure relative to the right of eminent domain, civil actions and new trials and appeals shall be applicable to and constitute the rules of practice in condemnation proceedings by irrigation districts.

[35:64:1919; 1919 RL p. 3283; NCL § 8048]

NRS 539.230

NRS

539.230

Appropriation and distribution; use by irrigation district declared public use; place of use of water.

The board of directors may appropriate or otherwise acquire water in accordance with the law, and also construct the necessary dams, reservoirs and works for the collection, storage, conservation and distribution of water for the district and for the drainage of the lands thereof.
The collection, storage, conveyance, distribution and use of water by or through the works of irrigation districts organized before, on or after July 1, 1919, together with the rights-of-way for canals and ditches, sites for reservoirs, electric power and transmission lines, and all other works and property required to carry out fully the provisions of this chapter, is hereby declared to be a public use.
The place of use of water appropriated or otherwise acquired by an irrigation district may be within or outside the boundaries of the district, may include all or any part of the lands within the boundaries of the district and must be described in any application filed by the district to appropriate or otherwise acquire the water. Water appropriated or acquired by the district is appurtenant to and may be beneficially used and applied to lands anywhere within the described place of use.

[Part 10:64:1919; A 1921, 118 ; 1923, 289 ; 1925, 203 ; 1927, 309 ; 1951, 55 ]—(NRS A 1991, 1085 )

NRS 539.234

NRS

539.234

Petition for State Engineer to prescribe or clarify rules and regulations relating to distribution and use of water within district.

An owner or an association of owners of water rights located in an irrigation district may petition the State Engineer to prescribe or clarify rules and regulations relating to the distribution and use of water within the irrigation district. The State Engineer may prescribe or clarify the rules and regulations addressed in the petition.
A person may seek judicial review of any action taken by the State Engineer pursuant to subsection 1.

(Added to NRS by 1995, 795 )

NRS 539.235

NRS

539.235

Distribution of water by division or district for appropriate charge.

Water may be supplied by contract, agreement or other legal matter by the district or by a division thereof, when such division is created and authorized, to the United States of America, or any department thereof, the State of Nevada, counties, cities, towns, corporations, irrigation districts, individuals, associations or partnerships, situated within or in the vicinity of the district, and 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 works of the district or the local undertakings of a division.

[53:64:1919; A 1925, 137 ; NCL § 8071]

Electric Power

NRS 539.237

NRS

539.237

Authority to generate, transmit, sell and acquire electric power.

The board of directors may:

(a) Generate, produce, transmit and sell electric power or electrical energy in any form in furtherance of the purposes of this chapter.

(b) Acquire or contract for the delivery of electric power and electric power or transmission lines.

In any irrigation district having a reservoir or reservoirs for the storage of water with a capacity of less than 250,000 acre-feet, the board may not acquire or contract for the construction or acquisition of electric power or transmission lines at a cost exceeding the sum of $50,000 without first obtaining the approval of the electors of the district at a special election, district election or primary or general state election.
In any irrigation district having a reservoir or reservoirs for the storage of water with a capacity of 250,000 acre-feet or more, the board may not acquire or contract for the construction or acquisition of electric power or transmission lines at a cost exceeding the sum of $100,000 without first obtaining the approval of the electors of the district at a special election, district election or primary or general state election.

[Part 10:64:1919; A 1921, 118 ; 1923, 289 ; 1925, 203 ; 1927, 309 ; 1951, 55 ]—(NRS A 1960, 49 ; 1983, 352 ; 1993, 1083 )

NRS 539.240

NRS

539.240

Election required for approval of certain contracts; notice; ballots; limitation; judicial determination of validity.

Any proposal to enter into a contract for the acquisition of electric power and transmission lines or to lease or construct those lines:

(a) Of any irrigation district having one or more reservoirs for the storage of water with a single or combined capacity of less than 250,000 acre-feet, where the cost of the proposed acquisition, lease or construction exceeds $50,000; or

(b) Of any irrigation district having one or more reservoirs for the storage of water with a single or combined capacity of 250,000 acre-feet or more, where the cost of the proposed acquisition, lease or construction exceeds $100,000,

Ê must be voted upon at a special election, district election or primary or general state election in the same manner as for the issuance of district bonds.

Notice of the election must contain, in addition to the information required in the case of ordinary bond elections, a statement of the maximum cost of the proposal, exclusive of penalties and interest, together with a concise general statement and description of the proposed acquisition or construction.
The ballots must contain a brief statement of the general purpose for which the election is to be held, and the maximum amount of the obligation to be assumed, with the words ................ (Question)—Yes, and ................ (Question)—No, or ................ (Question) and bonds—Yes, and ............... (Question) and bonds—No.
If the proposal or the proposal and the issuance of bonds therefor is approved at the election, the board may enter into any contracts in connection with the proposal which it considers necessary, expedient or desirable, including contracts for:

(a) Construction of the power and transmission lines;

(b) The sale of the power;

(d) The operation, maintenance or management of the project; and

(e) Financing the costs of the project approved in the election as an alternative to or in addition to any bonds to be issued,

Ê but the sum of the amounts which the district is obligated to pay pursuant to those contracts, excluding payments out of the revenue of the project, and any bonds issued must not exceed the amount of the bonds approved in the election and interest thereon at a rate not exceeding 5 percent above the Index of Revenue Bonds which was most recently published before the contract is executed, bids are received or a negotiated offer is accepted.

The board of directors may submit any such contract or proposed contract and bond issue, if any, to the district court of the county where the office of the board is located, to determine the validity thereof and the authority of the board to enter into the contract or acquisition, and the authority for and the validity of the issuance and deposit and transfer of the bonds in the same manner as for the judicial determination of the validity of bonds, and with like effect.

[35 1/2:64:1919; added 1923, 289 ; A 1927, 309 ; NCL § 8049]—(NRS A 1960, 50 ; 1983, 353 ; 1985, 2060 ; 1993, 1084 )

NRS 539.245

NRS

539.245

Authority of board of directors to provide for drainage.

To secure complete drainage of the lands within any irrigation district, including field drainage and storm drainage, the board of directors is vested with full power to widen, straighten or deepen any watercourse or remove any obstruction or rubbish therefrom, whether the watercourse is situated in, outside of or below the district, and, when it is necessary, straighten or alter the natural watercourse by cutting a new channel upon other lands.
The value of the lands to be occupied by the new channel, and damages, if any, made by the work may be ascertained or paid in the manner provided for the exercise of the right of eminent domain in this state.
The expenses of the work provided for in this section must be paid from money arising from assessments upon lands within the district or in any lawful manner acquired.

[Part 10a:64:1919; added 1923, 289 ; NCL § 8018]—(NRS A 1991, 1085 )

Bids

NRS 539.270

NRS

539.270

General powers.

In addition to the powers with which irrigation districts are or may be vested under the laws of the State, irrigation districts shall have the following powers:

To cooperate and contract with the United States under the Federal Reclamation Act of June 17, 1902, and all acts amendatory thereof or supplementary thereto, or any other Act of Congress heretofore or hereafter enacted authorizing or permitting such cooperation.
To cooperate and contract with the State of Nevada under any laws heretofore or hereafter enacted authorizing or permitting such cooperation.

[Part 54:64:1919; A 1923, 289 ; 1933, 271 ; 1931 NCL § 8072]

NRS 539.273

NRS

539.273

Purposes of cooperation and contract.

The cooperation and contract authorized by NRS 539.270 may be for any or all of the following purposes:

Construction of works, whether for irrigation or drainage, or both.
Acquisition, purchase, extension, operation or maintenance of constructed works.
Water supply.
Electric power and transmission lines.
Assumption as principal or guarantor of indebtedness to the United States on account of district lands or for the collection of moneys due the United States as fiscal agents or otherwise.

[Part 54:64:1919; A 1923, 289 ; 1933, 271 ; 1931 NCL § 8072]

NRS 539.287

NRS

539.287

Dissolution of district or change of boundaries: Consent of Secretary of Interior; excluded areas free from liens and charges.

When a contract shall have been entered into and is in force and effect between the United States and any irrigation district, the district shall not be dissolved, nor shall the boundaries be changed, except upon written consent of the Secretary of the Interior, filed with the official records of the district.
If such consent is given and lands are excluded, the areas excluded shall be free from all liens and charges for payments to become due to the United States.

[Part 62:64:1919; 1919 RL p. 3291; NCL § 8080]

NRS 539.293

NRS

539.293

Additional bonds of district officers: When required; inspection of district books by federal agents.

In any case where an irrigation district is appointed fiscal agent of the United States in connection with any federal reclamation project, or by the United States, or under a contract therewith is authorized or required to make collection of moneys on behalf of the United States, or for payments due the United States under any such contract, each director of the district, and the secretary and the treasurer thereof, shall execute a further and additional bond in such sum as the Secretary of the Interior may require, conditioned for the faithful discharge of the duties of his or her office, or as fiscal or other agent of the United States, or both.
Any such bonds may be sued upon by the United States or any person injured by the failure of such officer or officers of the district to perform fully, promptly or completely their respective duties.
This requirement shall apply to the directors of a division and, insofar as applicable, to the officers of a district acting in that relation, in case of a contract between the United States and such division.
In all cases of contracts with the United States as described above, the board of directors of the district, or of a division thereof, and the secretary and treasurer of a district, shall at any time allow any officer or employee of the United States, when acting under the order of the Secretary of the Interior, to have access to all books, records and documents which are in the possession or control of such officers.

[65:64:1919; 1919 RL p. 3293; NCL § 8083]

NRS 539.327

NRS

539.327

Exclusion of district division outside scope of contract.

When an irrigation district comprises lands which are or may be served by works constructed by the United States, and a contract is proposed to be entered into with the United States for the operation and maintenance by the district of the existing works, or for the construction of a drainage system or other extension or improvement of such works, and the lands in a division of the district may be regarded as clearly outside the scope of such contract, the election thereon and for the authorization of the program or undertaking contemplated thereby may be confined to the remaining portion of the district exclusive of such division, and the apportionment of the benefits may be made accordingly. Otherwise, the proceedings in connection with such contract and the program or undertaking contemplated thereby shall be as provided in this chapter.

[64:64:1919; 1919 RL p. 3292; NCL § 8082]

NRS 539.333

NRS

539.333

General power; purposes.

In addition to the powers with which irrigation districts are or may be vested under the laws of the State, irrigation districts shall have the power to cooperate and contract with the county or counties in which any of the lands of the district may be situated for the following purposes:

(a) Acquisition of lands within the district purchased by the county at delinquent tax sales.

(b) Recovering for the district its proportion of delinquent taxes from the proceeds of the sale of such lands by the county.

The proper county officials are also so authorized to contract.

[Part 54:64:1919; A 1923, 289 ; 1933, 271 ; 1931 NCL § 8072]

Cooperation With Other Districts

NRS 539.335

NRS

539.335

Authority to enter into agreements with districts in adjoining states.

It shall be lawful for irrigation districts organized or existing under or by virtue of the laws of the State of Nevada to enter into agreements with contiguous adjoining irrigation districts in other states for the joint construction, acquisition, management and control of diverting, impounding or distributing works for the irrigation or drainage of the lands within the boundaries of their respective districts.

[1:188:1919; 1919 RL p. 3307; NCL § 8232]

NRS 539.355

NRS

539.355

Foreign irrigation district authorized to acquire land by purchase or condemnation; conditions.

Any irrigation district heretofore organized and existing under the laws of any state adjoining the State of Nevada, which is now qualified to do business in the State of Nevada as a foreign corporation in the manner provided by law for the qualification of foreign corporations doing business within the State of Nevada, and when the irrigation district is now the owner of lands within the State of Nevada, such lands being now used for reservoir purposes, may and hereby is authorized to acquire title to any land within the State of Nevada by purchase or condemnation necessary or required for dams, ditches, reservoirs and other works for the diversion, conveyance or storage of water which lies within any watershed from which the irrigation district obtains its water supply for the irrigation and development of lands within the boundaries of the irrigation district in the adjoining state.

[1:180:1941; 1931 NCL § 8258]

NRS 539.360

NRS

539.360

Provisions applicable if reciprocal rights granted.

The provisions of NRS 539.355 and 539.357 shall apply to irrigation districts organized and existing under the laws of an adjoining state only when such adjoining state grants like rights and privileges in that state to irrigation districts organized and existing under the laws of the State of Nevada.

[3:180:1941; 1931 NCL § 8258.02]

DIVISIONS IN IRRIGATION DISTRICTS

Improvements

NRS 539.405

NRS

539.405

Petition for creation of local board.

When an irrigation district comprises lands which are served by works constructed by the United States and the portion of such works situated in a division of the district may be regarded as a separate unit of the larger system for operation and maintenance purposes, or when local drains, laterals or other improvements may be provided as additions to such works and constitute benefits limited to such division, or when the replacement or extension of such works or some part thereof would constitute benefits limited to such division, a petition signed by the requisite number of electors of such division may be presented to the board of directors of the district and a local board of directors of such division created as provided in this chapter.

[Part 63:64:1919; 1919 RL p. 3291; NCL § 8081]

NRS 539.420

NRS

539.420

Construction, replacement or extension of works: Power of local board to levy assessments and impose tolls and charges.

Where local drains, laterals or improvements are to be constructed, or existing works or structures replaced or extended, and are thereafter to be operated and maintained by the division, the local board shall have power to levy assessments and to impose tolls or charges to raise the money required for such operation and maintenance, including amounts due the United States in that relation.
The works described in the contract with the United States shall be constructed, replaced or extended by such local board of directors, and the money raised by such special assessment therefor or for the operation and maintenance thereof shall be collected, kept and disbursed, and the apportionment of benefits made, as provided in this chapter, when a division of the district is authorized to provide for local undertakings the benefits of which are limited to such division.

[Part 63:64:1919; 1919 RL p. 3291; NCL § 8081]

IMPROVEMENT DISTRICTS IN IRRIGATION DISTRICTS

General

NRS 539.457

NRS

539.457

Powers of directors and officers of district.

The board of directors and all other officers of any irrigation district shall have all the rights, powers and privileges concerning improvement districts and lands thereof, and the proceedings provided for in NRS 539.423 to 539.460 , inclusive, as the board of directors and all other officers may have concerning the irrigation district of which such improvement districts are a part.

[49 1/2c:64:1919; added 1947, 303 ; 1943 NCL § 8066.03]

NRS 539.463

NRS

539.463

Issuance; conditions.

The board of directors of any irrigation district may cause funding or refunding bonds to be issued for the purpose of funding or refunding any or all outstanding bonds, notes or certificates of indebtedness of any improvement district in the irrigation district.
Such funding or refunding bonds shall, except as otherwise provided in NRS 539.463

to 539.475 , inclusive, be issued in substantially the manner and form prescribed by this chapter for the issuance of other bonds of improvement districts in irrigation districts, and the provisions of this chapter concerning the authorization, certification, issuance and sale of bonds of improvement districts in irrigation districts are applicable to bonds issued under NRS 539.463

to 539.475 , inclusive; but no plan, estimate or report of the district engineer is required to be made or approved as provided in NRS 539.427 and 539.430 , nor may any new apportionment of benefits in respect of such bonds be required to be made or confirmed by the district court, but instead the board of directors of any irrigation district desiring to fund or refund any of the bonds, notes or certificates of indebtedness of any improvement district in the irrigation district may submit its proposed plan for the funding or refunding of such bonds, notes or certificates of indebtedness to the Department of Taxation.

[Part 49 1/2a:64:1919; added 1935, 7 ; 1931 NCL § 8066.01]—(NRS A 1977, 1238 )

NRS 539.465

NRS

539.465

Election required to authorize issuance; conduct of election; maturity of and interest on bonds.

If the proposed plan for the funding or refunding of bonds, notes or certificates of indebtedness is approved by the Department of Taxation, the board of directors of the irrigation district shall submit the question concerning authorization of the plan for the funding or refunding of bonds to the electors of the district at a special election or the next district election or primary or general state election.
The result of the election must be determined and declared substantially in the same manner as provided by this chapter for the issuance of other bonds of improvement districts in irrigation districts, except that a majority vote only is required for the authorization of those funding or refunding bonds.
The maturity of the funding or refunding bonds must be fixed by the board of directors of the irrigation district, subject to the approval of the Department of Taxation, but in no case may the maturity of any of the bonds be more than 40 years from the date thereof. The rate of interest on those bonds must not exceed by more than 5 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted, payable semiannually.

[Part 49 1/2a:64:1919; added 1935, 7 ; 1931 NCL § 8066.01]—(NRS A 1971, 2127 ; 1975, 876 ; 1977, 1238 ; 1981, 1419 ; 1983, 587 ; 1985, 2062 ; 1993, 1087 )

NRS 539.467

NRS

539.467

Confirmation of proceedings by district court.

If the issuance of such funding or refunding bonds is carried by a vote of a majority of the qualified electors of the improvement district voting at the election, the board of directors shall petition the district court of the county in which the principal office of the district is located for confirmation of all of the proceedings in respect to the issuance of such funding or refunding bonds in the manner prescribed in this chapter for the confirmation of other proceedings by the district.
The proceedings on the petition shall be substantially the same as provided by NRS 539.443 for the confirmation of proceedings in respect to local improvements in an irrigation district.

[Part 49 1/2a:64:1919; added 1935, 7 ; 1931 NCL § 8066.01]

NRS 539.470

NRS

539.470

Apportionment of benefits; levy of annual assessments for interest and redemption of bonds.

The apportionment of benefits made in connection with the issuance of the bonds, notes or certificates of indebtedness of such local improvement district so refunded shall be applicable to assessments made for the payment of principal and interest of such funding or refunding bonds.
For the payment of such principal and interest, the board of directors of the irrigation district shall levy annual assessments for the amount of interest and redemption of such funding or refunding bonds upon the lands affected by the local improvement according to such apportionment of benefits, and the provisions of NRS 539.423 to 539.460 , inclusive, relating to assessments are hereby made applicable to funding or refunding bonds issued under the authority of NRS 539.463 to 539.475 , inclusive.

[Part 49 1/2a:64:1919; added 1935, 7 ; 1931 NCL § 8066.01]

NRS 539.475

NRS

539.475

Sale and exchange of bonds.

Any funding or refunding bonds of a local improvement district authorized to be issued may be sold from time to time in the same manner as other bonds of the irrigation district, or may be exchanged for outstanding bonds, notes or certificates of indebtedness of the improvement district.
Any outstanding bonds, notes or certificates of indebtedness so funded or refunded or exchanged must be immediately cancelled by the treasurer.

[49 1/2b:64:1919; added 1935, 7 ; 1931 NCL § 8066.02]—(NRS A 1981, 491 )

FINANCIAL ORGANIZATION

General Financial Provisions

NRS 539.480

NRS

539.480

Limitation on indebtedness; issuance of warrants or negotiable notes; levy and collection of assessments; limitation on and calculation of assessments; annual adjustment.

Except as otherwise provided in subsection 2, for the purpose of organization or any of the purposes of this chapter, the board of directors may incur an indebtedness not exceeding in the aggregate the sum of $1,055,000, as adjusted pursuant to subsection 8, and may cause warrants or negotiable notes of the district to issue therefor, bearing interest which must not exceed by more than 5 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted. The board may levy an assessment on all lands in the district for the payment of those expenses.
A board of directors of a district that has entered into a contract with the United States pursuant to NRS 539.270 may, for purposes of complying with the federal Reclamation Safety of Dams Act of 1978, 43 U.S.C. §§ 506 et seq., or any other federal statute or regulation, incur an indebtedness not exceeding in the aggregate the sum of $6,000,000, as adjusted pursuant to subsection 8, and may cause warrants or negotiable notes of the district to issue therefor, bearing interest which must not exceed by more than 5 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted. The board may levy an assessment on all lands in the district for the payment of those expenses.
Subject to the provisions of subsections 4, 5, 6 and 8, thereafter the board may levy:

(a) An annual assessment, in the absence, except as otherwise provided in paragraph (b), of assessments therefor pursuant to any of the other provisions of this chapter, of not more than $1.70 per acre, as adjusted pursuant to subsection 8, on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses; and

(b) An annual assessment of not more than $5.70 per acre, as adjusted pursuant to subsection 8, on all the lands in the district for deposit in a capital improvement fund for the construction, reconstruction or maintenance of the irrigation system of the district and any appurtenances necessary thereto.

Annual assessments levied pursuant to the provisions of subsection 3 may not cumulatively exceed $5.70 per acre, as adjusted pursuant to subsection 8.
No portion of the amount collected from the assessment levied pursuant to the provisions of paragraph (b) of subsection 3 may be used for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses.
An assessment authorized pursuant to this section may be calculated by rounding up to the nearest whole acre.
The assessments authorized pursuant to the provisions of subsection 3 must be collected as provided in this chapter for the collection of other assessments.
Commencing on July 1, 2018, each amount set forth in this section as a limitation on indebtedness or assessments must be adjusted on July 1 of each year by an amount equal to the product of the maximum amount applicable during the immediately preceding 12-month period, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the immediately preceding 5 years. Commencing on or before July 15, 2018, and on or before July 15 of each year, the board shall cause notice of the adjusted amount to be given to the owners of lands in the district in any manner reasonably calculated to give notice to all such owners.

[Part 14:64:1919; A 1921, 118 ; 1927, 309 ; NCL § 8025]—(NRS A 1960, 49 ; 1967, 988 ; 1971, 2128 ; 1973, 278 ; 1975, 876 ; 1981, 491 , 582 ,

1419 ;

1983, 587 ; 1985, 2063 ; 1991, 8 ; 2009, 59 ; 2013, 488 ; 2015, 167 ; 2017, 654 )

NRS 539.485

NRS

539.485

Monthly posting and publication of claims allowed by board of directors.

The board of directors of each irrigation district shall, each month, post in three public places in the district, one of which places shall be the county courthouse, and publish one time in a newspaper of general circulation in the county a list of the claims allowed by the board for the preceding month.

[51a:64:1919; added 1929, 286 ; A 1947, 90 ; 1943 NCL § 8069]

NRS 539.487

NRS

539.487

Annual publication of district financial statement.

On or before the first Tuesday of September of each year the board of directors of each irrigation district shall publish in at least one issue of some newspaper published in the county where the office of the district is located a full, true and correct statement of the financial condition of the district on the first day of that year, giving a statement of all liabilities and assets of the district.

[51:64:1919; A 1951, 47 ; 1954, 20 ]

NRS 539.497

NRS

539.497

Construction fund: Authorized disbursements.

The cost and expense of purchasing and acquiring property, and of constructing works to carry out the formulated plan or plans, whether for irrigation or drainage or both, or for the improvement or supplementing of existing works, except as otherwise provided in this chapter, shall be paid out of the construction fund.

[Part 32:64:1919; A 1927, 309 ; NCL § 8045]

NRS 539.513

NRS

539.513

General fund: Board may fix rates of tolls or charges; collection in advance; enforcement of debt; liens.

To defray the organization and current expense of the district, and of the care, operation, maintenance, management, repair, and necessary current improvement or replacement of existing works and property, including salaries and wages of officers and employees and other proper incidental expenditures, the board may:

(a) Fix rates of tolls or charges, and provide for the collection thereof by the district treasurer as operation and maintenance, or some like designation; or

(b) Levy assessments therefor, or for a portion thereof, collecting the balance as tolls or charges.

Ê The board may provide for the fixing, levying and collection of a minimum, flat or stated operation and maintenance assessment, toll or charge per acre, whether water is used or not, and a further operation and maintenance toll or charge for water used in excess of the amount delivered for the minimum charge, or the board may adopt other reasonable methods of fixing and collecting the operation and maintenance charges.

Assessments, tolls and charges may be collected in advance, and the assessment and such tolls and charges may be based upon an estimate of the operation and maintenance revenue required for the current or ensuing year, to be adjusted as near as may be from year to year.
Water service may be refused and water delivery may be shut off whenever there is a default in the payment of operation and maintenance, but all other legal remedies must also be available for the enforcement of the debt.
The assessments, tolls and charges must be collected by the treasurer and deposited in the general fund or operation and maintenance fund, and the treasurer shall account therefor and disburse the same as provided in this chapter.
The assessments, tolls or charges fixed by the board of directors for the payment of operation and maintenance expenses, as provided in this chapter, are a lien upon all lands entitled to receive water from the irrigation district system of works, as of the date fixed by the board of directors for the payment of the assessments, tolls or charges, whether water is delivered to such lands or not.
If the ownership of the land upon which a lien is imposed pursuant to subsection 5 is severed from the ownership of the right to use the water, the lien remains in effect on the land until:

(a) The place of use of the water is changed to land upon which a lien is imposed pursuant to subsection 5, if:

(1) The change is in accordance with applicable statutes and regulations of Nevada; or

(2) On a stream system where a decree of court has been entered, the change is in accordance with the decree or any rules adopted pursuant to the decree; or

(b) The owner of the right to use the water enters into a written agreement with the irrigation district for the payment of assessments, tolls or charges required pursuant to this section. Except as otherwise provided in this paragraph, the payment must be secured by the right to use the water in a manner that is satisfactory to the irrigation district. If the owner of the right to use the water is the Federal Government or one of its agencies, or the State of Nevada or one of its agencies or political subdivisions, the agreement is not required to be secured in such a manner.

[Part 32:64:1919; A 1927, 309 ; NCL § 8045]—(NRS A 1999, 1222 )

NRS 539.515

NRS

539.515

General fund: Expenditures for development, operation and maintenance of recreational grounds; limitations.

Subject to the limitations contained in subsection 2, the board of directors may expend money from the general fund and the operation and maintenance fund for the development, operation and maintenance of recreational grounds.
In any irrigation district having a reservoir or reservoirs for the storage of water with a capacity of:

(a) Less than 250,000 acre-feet, the expenditures authorized by subsection 1 may not exceed the sum of $1,000 in any 1 year.

(b) 250,000 acre-feet or more, the expenditures authorized by subsection 1 may not exceed the sum of $25,000 in any 1 year.

[75:64:1919; added 1929, 286 ; NCL § 8093]—(NRS A 1960, 48 ; 1981, 583 )

NRS 539.517

NRS

539.517

General fund: Expenditure for exploiting district resources; limitation; tax.

The board of directors is empowered to expend not to exceed the sum of $1,500 in any 1 year for the purpose of exploiting the resources of the irrigation district. Such moneys shall be raised by a tax levy and shall be payable out of the general fund.

[78:64:1919; added 1929, 286 ; NCL § 8096]

NRS 539.530

NRS

539.530

Deposit of money in bank or credit union in state.

All money belonging to or in the custody of any irrigation district within this state, or of the treasurer or other officer thereof, shall, so far as possible, be deposited in state or national banks or credit unions in this state as the treasurer or other officer of such irrigation district having legal custody of such money shall select for the safekeeping thereof, and shall be subject to withdrawal at any time on demand of the treasurer or other authorized officer.

[Part 10d:64:1919; added 1929, 286 ; A 1933, 271 ; 1931 NCL § 8021]—(NRS A 1999, 1510 )

NRS 539.533

NRS

539.533

Deposit of district money in accordance with general laws.

The treasurer, or other officer, of an irrigation district having legal custody of its moneys shall also have power to deposit such moneys in the same manner and under the same conditions as may be applicable to the deposit of state, county and municipal funds by the legal custodians thereof.

[Part 10d:64:1919; added 1929, 286 ; A 1933, 271 ; 1931 NCL § 8021]

NRS 539.537

NRS

539.537

Security of deposits: Surety bonds; securities in lieu of surety bond.

For the security of such deposits there shall be delivered to the treasurer of the irrigation district a bond or bonds 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 Commissioner of Insurance as a company possessing the qualifications required for the purpose of transacting a surety business within this state. The penal amount of such bond or bonds shall at no time be less than the amount of money deposited by the irrigation district with such depositary. The bond or bonds shall secure and guarantee the full and complete repayment to the irrigation district or the payment to its order of all money so deposited, together with interest thereon. The premium for such corporate surety bond or bonds, in the discretion of the board of directors of the irrigation district, may be paid out of the money so deposited or may be required to be paid by the depositary.
The depositary may, in lieu of the corporate surety bond or bonds, deposit with the treasurer of the irrigation district treasury notes or United States bonds, or other securities which are legal investments for savings banks and credit unions in this state, the market value of which shall at all times equal the amount of money so deposited, as collateral security, and such securities shall be placed by the treasurer in escrow in some bank or credit union other than the depositary of the money of the district. In the event of the failure of the depositary to repay such money to the district on demand, or to pay the same to its order, the securities so placed in escrow shall 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.

[Part 10d:64:1919; added 1929, 286 ; A 1933, 271 ; 1931 NCL § 8021]—(NRS A 1999, 1510 )

BONDS

Bonds for Purchase and Construction

NRS 539.543

NRS

539.543

Surveys and examinations; direction and certification by irrigation engineer.

The board of directors shall cause such surveys and examinations to be made as will furnish a proper basis for an estimate of the cost of carrying out the construction work.
All such surveys, examinations, maps, plans, and estimates shall be made under the direction of a competent irrigation engineer and certified by that engineer.

[Part 15:64:1919; A 1921, 118 ; NCL § 8026]

NRS 539.560

NRS

539.560

Determination of benefits: Apportionment; procedure.

Whenever the electors shall have authorized an issue of bonds, the board of directors shall examine the land in the district, and shall determine the benefits which will accrue to each tract or subdivision from the construction or purchase of the works proposed for the district; and the costs of such work shall be apportioned or distributed over such tracts or subdivisions of land in proportion to such benefits.
The board shall make, or cause to be made, a list of such apportionment or distribution, which list shall contain a complete description of each subdivision or tract of land of such district with the amount and rate per acre of such apportionment or distribution, and the name of the owner thereof, or it may prepare a map on a convenient scale showing each of the subdivisions or tracts with the rate per acre of such apportionment entered thereon.
Where all or any portion of the lands are apportioned a benefit by the board at the same rate, a general statement to that effect shall be sufficient.
Whenever thereafter an assessment is made, either in lieu of bonds, or an annual assessment for raising the interest on bonds, or any portion of the principal, or the expenses of maintaining the property of the district, or any special assessment voted by the electors, it shall be spread upon the lands in the same proportion as the assessments of benefits, and the whole amount of the assessments of benefits shall equal the amount of bonds or other obligations authorized at the election.
The benefits arising from the undertakings for which special assessments are made may be distributed equally over the lands, or especially apportioned, and assessments or tolls and charges may be made or imposed, when coming within the designation of operation and maintenance charges, by way of a minimum stated charge per acre whether water is used or not, and a charge for water used in excess of the amount delivered for the minimum charge, or such other reasonable method of fixing or collecting the operation and maintenance charge as the board of directors may adopt.
Where drainage works are to be constructed, benefits may be apportioned to higher lands which are or may be irrigated from a common source or combined sources and by the same system or combined systems of works not then actually requiring drainage by reason of the fact that their irrigation contributes, or will, if irrigated, contribute water which must be carried off or away from the lower lands.

[17:64:1919; A 1921, 118 ; NCL § 8028]

NRS 539.565

NRS

539.565

Confirmation proceedings in district court: Petition; contents; notice of hearing on petition; pleadings.

The board of directors of the district shall file with the clerk of the district court in and for the county in which its office is situated a petition praying in effect that the proceedings be examined, approved and confirmed by the court.
The petition shall state generally that:

(a) The irrigation district was duly organized.

(b) The first board of directors was elected.

(d) An apportionment of benefits was made by the board and a list thereof duly filed according to law.

A list of the apportionment shall be attached to the petition, but the petition need not state other facts.
Such petition for confirmation of the proceedings thus far had may be filed after the organization of the district is complete, or after the authorization of any issue of bonds, or after any other undertaking of the district.
The court or judge shall fix the time and place for the hearing of any such petition, and the clerk shall publish a notice thereof for 2 consecutive weeks in a newspaper published in the county.
Any person interested may on or before the day fixed for the hearing answer the petition.
None of the pleadings need be sworn to, and every material statement of the petition not controverted by answer shall be taken as true. A failure to answer the petition shall be deemed to be an admission of the material allegations thereof.
The rules of pleading and practice provided by law and the Nevada Rules of Civil Procedure shall be followed so far as applicable. A motion for a new trial, and all proceedings in the nature of appeals or rehearings, may be had as in any ordinary civil action.

[19:64:1919; 1919 RL p. 3278; NCL § 8030]

NRS 539.595

NRS

539.595

Directors may execute agreement with bond purchasers guaranteeing tax levy for bond redemption; approval of Department of Taxation; recording of agreement.

Whenever an election has been held in any irrigation district and bonds have been authorized to be issued having the maturities prescribed in NRS 539.615 to 539.635 , inclusive, which bonds have likewise been authorized to be issued by the board of directors of such district but have not been delivered, the board of directors, subject to the approval of the Department of Taxation, may agree with any prospective purchaser of such bonds prior to delivery and payment of the purchase price, that the irrigation district will, during the life of the bonds, levy a minimum tax in each year prior to the fixed maturity date of such bonds, or any of them, which agreement shall be in writing signed by the president and secretary of the district, and bearing upon its face the approval of the Department of Taxation, and shall be filed in the office of the county recorder of each county in which the district is located.
When so filed for record, the agreement constitutes a binding and irrevocable agreement on the part of the district that such taxes will be levied, and the agreement inures to the benefit of the holders or owners of each of the bonds at any time outstanding, so as to give to them, or either of them, a right of action against the district to compel the levy of such taxes as provided in the agreement.
A copy of the agreement, certified by each of the county recorders in whose office the agreement is recorded, shall be filed with the county auditor of each county in which the agreement is recorded.

[Part 72:64:1919; added 1929, 286 ; NCL § 8090]—(NRS A 1977, 1239 )

NRS 539.597

NRS

539.597

County auditor to spread minimum sinking fund tax on assessment books.

After a copy of the agreement is filed as provided in NRS 539.595 , the county auditor of each county in which the agreement is filed, without further notice or demand, shall spread upon the assessment books containing the property subject to be assessed for irrigation purposes the amount of such minimum sinking fund tax, and the county treasurer of each such county shall collect the same, together with all other taxes levied or collected in the irrigation district.

[Part 72:64:1919; added 1929, 286 ; NCL § 8090]

NRS 539.607

NRS

539.607

Issuance of notes authorized to meet obligations of district after levy of tax; levy and collection of special tax.

If any installment of taxes has been levied for the payment of any outstanding bonds or interest of any irrigation district, the board of directors may issue notes bearing a rate of interest which must not exceed by more than 5 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted. The notes must be payable out of the installment of taxes so levied and must not be in excess of 75 percent of the levy. The proceeds derived from those notes may be used only for the purpose of meeting the obligation of the district for which the tax was levied.
If the proceeds of the taxes are insufficient, through delinquency, uncollectibility of taxes or other cause, to pay, when due, all the lawful debts for which the taxes were levied, the board of directors shall levy and collect in the next succeeding year a special tax in addition to all other taxes in an amount sufficient to pay all of such lawfully contracted indebtedness, and may borrow as provided in this section in anticipation of that tax to pay off any such lawfully contracted indebtedness.

[79:64:1919; added 1929, 286 ; NCL § 8097]—(NRS A 1981, 1420 ; 1983, 587 ; 1985, 2065 )

NRS 539.640

NRS

539.640

Resolution of district concerning availability of bonds for legal investments; copy filed with Department of Taxation.

Whenever the board of directors of any irrigation district organized and existing under and pursuant to the laws of the State of Nevada by resolution declares that it deems it desirable that any contemplated or outstanding bonds of the district, including any of its bonds authorized but not sold, be made available for the purposes provided for in NRS 539.660 , the board of directors shall file a certified copy of such resolution with the Department of Taxation.

[1:34:1921; NCL § 8217]—(NRS A 1977, 1240 )

NRS 539.643

NRS

539.643

Investigation of affairs of district; report of Department of Taxation.

The Department of Taxation, upon the receipt of a certified copy of such resolution, shall, without delay, investigate the affairs of the district and report in writing upon such matters as it may deem essential, and particularly upon the following points:

The supply of water available for the project and the right of the district to so much water as may be needed.
The nature of the soil as to its fertility and susceptibility to irrigation, the probable amount of water needed for its irrigation, and the probable need of drainage.
The feasibility of the districts irrigation system and of the specific project for which the bonds under consideration are desired or have been used, whether such system and project is constructed, projected or partially completed.
The reasonable market value of the water, water rights, canals, reservoirs, reservoir sites and irrigation works owned by the district or to be acquired or constructed by it with the proceeds of any of such bonds.
The reasonable market value of the lands included within the boundaries of the district.
Whether or not the aggregate amount of the bonds under consideration and any other outstanding bonds of the district, including bonds authorized but not sold, exceeds 50 percent of the aggregate market value of the lands within the district and of the water, water rights, canals, reservoirs, reservoir sites and irrigation works owned, or to be acquired or constructed with the proceeds of any of the bonds, by the district, as determined in accordance with subsections 4 and 5.
The numbers, date or dates of issue, and denominations of the bonds, if any, which the Department of Taxation finds are available for the purpose provided for in NRS 539.660 , and, if the investigation has covered contemplated bonds, the total amount of bonds which the district can issue without exceeding the limitation expressed in subsection 6.

[2:34:1921; NCL § 8218]—(NRS A 1977, 1240 )

NRS 539.647

NRS

539.647

Certification of bonds by State Controller.

The written report of the investigation provided for in NRS 539.640 to 539.665 , inclusive, shall be filed in the office of the State Controller, and a copy of the report shall be forwarded by the Department of Taxation to the secretary of the district for which the investigation has been made.
If the Department finds, as set out in the report, that the irrigation system of the district and the specific project for which the bonds under consideration are desired or have been used, whether such project is constructed, projected or partially completed, are feasible and that the aggregate amount of the bonds under consideration and any other outstanding bonds of the district, including bonds authorized but not sold, does not exceed 50 percent of the aggregate market value of the lands within the district and of the water, water rights, canals, reservoirs, reservoir sites and irrigation works owned or to be acquired or constructed with the proceeds of any of the bonds by the district, the bonds of such irrigation district, as described and enumerated in the report filed with the State Controller, shall be certified by the State Controller, as provided for in NRS 539.640 to 539.665 , inclusive.
If the Department is notified by the board of directors of any district whose irrigation system has been found in such report to be feasible that the district has issued bonds and the Department finds that the bonds are for any project or projects approved in such report and the amount of the bonds does not exceed the limitation stated in such report, the Department shall prepare and file with the State Controller a supplementary report giving the numbers, date or dates of issue, and denominations of the bonds which shall then be entitled to certification by the State Controller as provided for in NRS 539.640 to 539.665 , inclusive.
Subsequent issues of bonds may be made available for the purpose specified in NRS 539.640 to 539.665 , inclusive, upon like proceedings by the district, but, after any of the bonds of an irrigation district have been enumerated and described as entitled to certification by the State Controller, it is unlawful for that district to issue bonds that will not be entitled to such certification.
The State Controller shall:

(a) Provide for filing and preserving the reports mentioned in this section; and

(b) Make, keep and preserve a record of the bonds certified in accordance with the provisions of NRS 539.655 , including the date of certification, the legal title of the district, the number of each bond, its par value, the date of its issue and that of its maturity.

[3:34:1921; NCL § 8219]—(NRS A 1977, 1241 )

NRS 539.650

NRS

539.650

Expenditures from construction fund after certification of bonds prohibited without consent of Department of Taxation.

After the bonds of any irrigation district have been certified, as provided in NRS 539.640 to 539.665 , inclusive, no expenditure of any kind may be made from the construction fund of such district without the consent of the Department of Taxation, and no obligation may be incurred chargeable against such fund without previous authorization of the Department, nor may any expense of any kind be incurred in excess of money actually provided by levy of assessment or otherwise.

[5:34:1921; NCL § 8221]—(NRS A 1977, 1242 )

NRS 539.653

NRS

539.653

Progressive construction: Certification of bonds as needed; prior approval of Department of Taxation if all bonds certified.

Whenever the survey, examinations, drawings and plans of an irrigation district, and the estimate of cost provides that the works necessary for a completed project shall be constructed progressively over a period of years in accordance with a plan or schedule adopted by resolution of the board of directors of the district, it is not necessary for the Department of Taxation to certify at one time all of the bonds that have been voted for the completed project; but such bonds may be certified from time to time as needed by the district.
If the Department certifies all of the bonds necessary for the completed project, even if the project is to be constructed progressively over a period of years in accordance with the resolution of the board of directors, the bonds so voted and certified shall only be sold after prior written approval of the Department.

[6:34:1921; NCL § 8222]—(NRS A 1977, 1242 )

NRS 539.655

NRS

539.655

Form of certificate of State Controller; facsimile signature authorized.

Whenever any bond of an irrigation district organized and existing under and pursuant to the laws of the State of Nevada, including any bond authorized in any such district but not sold, which is eligible to certification by the State Controller under NRS 539.647 , is presented to the State Controller, the State Controller shall attach a certificate in substantially the following form:

Carson City, Nevada................................... (insert date).

I, ........................, State Controller of the State of Nevada, do hereby certify that the within bond, No. ..... of issue No. ........ of the ................ Irrigation District, issued ................ (insert date), is, in accordance with NRS 539.640 to 539.665 , inclusive, a legal investment for all trust funds and for the money of all insurance companies, banks, both commercial and savings, credit unions, trust companies, and any money which may be invested in county, municipal or school district bonds, and it may be deposited as security for the performance of any act whenever the bonds of any county, city or school district may be so deposited, it being entitled to such privileges by virtue of an examination by the Department of Taxation in pursuance of NRS 539.640 to 539.665 , inclusive. The within bond may also be used as security for the deposit of public money in banks or credit unions in this state.

.......................................................................................

State Controller of the State of Nevada

In case of a change in the constitution or any of the laws of this state relating to the bonds of irrigation districts, the State Controller shall, if necessary, modify the above certificate so that it conforms to the facts.
A facsimile of the State Controllers signature, printed or otherwise, impressed upon the certificate is a sufficient signing thereof.

[7:34:1921; NCL § 8223]—(NRS A 1969, 148 ; 1977, 1242 ; 1983, 1699 ; 1999, 1511 )

NRS 539.657

NRS

539.657

District to pay expenses of investigation and report.

All necessary expenses incurred in making the investigation and report provided for in NRS 539.640 to 539.665 , inclusive, shall be paid as the Department of Taxation may require by the irrigation district whose property has been investigated and reported on by the Department; but the benefit of any services that have been performed and any data that have been obtained by the Department or any other public official, in pursuance of the requirements of any law other than NRS 539.640 to 539.665 , inclusive, shall be made available for the use of the Department of Taxation without charge to the district whose affairs are under investigation.

[9:34:1921; NCL § 8225]—(NRS A 1977, 1243 )

NRS 539.660

NRS

539.660

Bonds as legal investments and security.

All bonds certified in accordance with the terms of NRS 539.640 to 539.665 , inclusive, are legal investments for all trust funds, and for the money of all insurance companies, banks, both commercial and savings, credit unions and trust companies.
Whenever any money may, by law now or hereafter enacted, be invested in bonds of cities, counties, school districts or municipalities in the State of Nevada, such money may be invested in the bonds of irrigation districts, and whenever bonds of cities, counties, school districts or municipalities may by any law now or hereafter enacted be used as security for the performance of any act, bonds of irrigation districts under the limitations in NRS 539.640 to 539.665 , inclusive, provided it may be so used.

[10:34:1921; NCL § 8226]—(NRS A 1977, 1243 ; 1999, 1512 )

NRS 539.663

NRS

539.663

Bonds of irrigation districts of other states as legal investments; limitations.

The bonds of irrigation districts of other states having similar laws for certification thereof may be used in like manner as the bonds of irrigation districts of this state where the laws of such state permit a like use to be made of bonds of irrigation districts of this state.

[11:34:1921; NCL § 8227]

NRS 539.665

NRS

539.665

Faith of State of Nevada pledged.

The faith of the State of Nevada is hereby pledged that any law under which irrigation district bonds are issued shall not be repealed, nor taxation thereby imposed omitted, nor such law be so amended as to impair the security of such bonds, until all the bonds and coupons issued under and by virtue thereof have been paid in full as specified and provided in such law.

[12:34:1921; NCL § 8228]

ASSESSMENTS

NRS 539.677

NRS

539.677

Levy of assessments by county commissioners or Department of Taxation; duties of district attorney and Attorney General.

In case of failure or refusal of the board of directors to levy an assessment as provided in NRS 539.670 , then, if such assessment has not otherwise been levied, the board of county commissioners of the county in which the office of the district is located shall levy such assessment at its next regular meeting or at a special meeting called for such purpose.
The Department of Taxation, at any time upon obtaining knowledge of such failure or refusal, shall levy such assessment forthwith.
The district attorney of the county in which the office of any irrigation district is located, at the time such assessment should be made, shall ascertain the fact in respect to the same, and if such assessment has not been made by the board of directors as required, the district attorney shall immediately notify the board of county commissioners, the Department of Taxation and the Attorney General in respect to such failure. The district attorney and the Attorney General shall aid in obtaining the earliest possible assessment following such failure or refusal of the district board to act.

[Part 27:64:1919; A 1921, 202 ; 1923, 289 ; 1925, 203 ; 1927, 309 ; 1954, 20 ]—(NRS A 1977, 1244 )

NRS 539.685

NRS

539.685

Addition of unpaid tolls and charges to assessment levies.

Whenever any tolls or charges for the use of water and other charges for services rendered by an irrigation district have been fixed by the board of directors it shall be lawful to make the same payable in advance, and in case such tolls or charges remain unpaid at the time specified in this chapter for levying the annual assessment, the amount due for such tolls and charges may be added to and become a part of the assessment levied upon the land upon which the water for which such toll or charges levied and remain unpaid was used.

[Part 45 1/2:64:1919; added 1923, 289 ; NCL § 8061]—(NRS A 1969, 510 )

NRS 539.697

NRS

539.697

Distribution and sale of water acquired at sale for delinquent tax or summary foreclosure.

The board shall not, however, sell or dispose of water appurtenant to, apportioned, or allotted to the lands acquired at delinquent tax sales, or at summary sales, until and unless the remaining lands in the district under irrigation to which benefits have been apportioned by the district and which are entitled to receive water from the district pursuant to the apportionment of benefits, and from the same source of supply, shall have a sufficient and adequate water supply available for such irrigated areas as have been apportioned benefits. The board of directors shall distribute such waters acquired at delinquent tax sales or at summary foreclosure sales among the remaining nondelinquent landowners in the district entitled to receive water from the district in, as near as may be, the same proportion as fixed by the original apportionment of benefits for the remaining nondelinquent lands. In case the water right appurtenant to land acquired at a delinquent sale shall be based upon a contract with the United States, the district may, with the consent of the United States, make any desired disposition of such water right.

[Part 29 1/2:64:1919; added 1927, 309 ; A 1929, 286 ; 1933, 271 ; 1935, 135 ; 1931 NCL § 8042]

NRS 539.700

NRS

539.700

Exclusion of land from benefits if land sold for delinquent taxes or assessments: Consent of bondholders and others.

Whenever any lands in the district have been sold for delinquent irrigation district taxes or assessments or for delinquent state and county or other taxes, and the title of such lands has passed as provided by law, either to the county or to the irrigation district, and the period of redemption has expired, the board of directors of the district shall have the power by and with the written consent of the bondholders holding 100 percent of the outstanding bonds of the district, or in case of a contract with the United States constituting a lien upon the lands, then also with the written consent of the Secretary of the Interior, or in case there are outstanding certificates of indebtedness which constitute a lien upon the lands of the district, then with the written consent of the holders of 100 percent of those holding such certificates of indebtedness, to exclude such lands, or any part thereof, from further participation in the benefits of the district, and particularly to exclude such lands or any part thereof from any further right to receive from the district either under an apportionment of benefits or any other waters of the district.

[Part 29 3/4:64:1919; added 1937, 372 ; A 1953, 379 ]

NRS 539.708

NRS

539.708

Petition for annexation: Contents; inclusion of lands within municipal corporation.

The holder or holders of any title or evidence of title, as defined in NRS 539.020

and 539.023 , representing one-half or more of any lands adjacent to or in the vicinity of an irrigation district, whether contiguous or not, and which are susceptible of irrigation or drainage, or both, by the district system, or combined systems of works, may file with the board of directors of the district a petition, in writing, setting forth that those lands are susceptible of irrigation or drainage, or both, as the case may be, by the district system or systems, and praying that the land be annexed.

The petition must describe the land and also describe the several parcels owned by the petitioners.
All or any portion of the lands in any city in which the vote for mayor at the last preceding election was not less than 550 votes and not more than 1,000 votes, may in the same manner be included within the boundaries of any irrigation district if the lands are susceptible of irrigation or drainage, or both, by the district system or systems, and upon their inclusion the lands in the city, town or municipal corporation are subject to all of the provisions of this chapter.

(Added to NRS by 1967, 1613 ; A 1989, 1175 ; A 1989, 1175 )

NRS 539.734

NRS

539.734

Inclusion within district of state lands and state lands held under contract to purchase.

Whenever state lands held under contract to purchase are included within the boundaries of any irrigation district, such lands shall be subject to all the provisions of this chapter the same as any other land held in private ownership.
State lands, not under contract to purchase, shall not become a part of an irrigation district except by the consent of the State Land Registrar, who is authorized and required to consent thereto on behalf of the State upon there being filed in his or her office a certificate signed by the State Engineer to the effect that such lands will be benefited by inclusion therein.
District assessments, charges and tolls against such lands not under contract shall become a charge against the lands, and any sale or contract to sell any such lands thereafter shall be conditioned upon the payment, by the purchaser or contractor, of all such accrued charges in addition to the purchase price of the land.
In case of state land held under contract, the person holding such contract shall be deemed the owner of the land for the purposes of this chapter, and liens shall attach to his or her rights under such contract, and such liens shall be enforced as in other cases, subject to the paramount title of the State, and subject to the rights of a purchaser at a sale for delinquent assessments to be subrogated to the rights of such contract holder to acquire patent to such land from the State.

(Added to NRS by 1967, 1616 )

NRS 539.736

NRS

539.736

Exclusion of land: Grounds; limitations.

The board of directors of any district now or hereafter formed under the provisions of this chapter, either upon its own initiative or upon the application in writing of any holder of title or of evidence of title to land in the district, may, by a majority vote, exclude from the district any land or lands theretofore included in the district, and change the boundary lines of the district so as to exclude or leave out certain tracts or portions of tracts when the proposed system or systems of irrigation cannot practically include such land or lands, or when such land or lands would not be benefited by remaining in the district or by any future improvement it might make, or when the land sought to be excluded has been, or is about to be, incorporated into or made a part of any city or town, or when the land sought is adjacent and contiguous to any city or town and it is proposed to develop such land as building sites and areas; but if improvements have been commenced, or made, or authorized, or if there are bonds or other contracts or certificates of indebtedness outstanding, no land shall be excluded and no established liens shall be released unless all of the holders of bonds or contracts or certificates of indebtedness constituting liens against the land sought to be excluded, and the owner of such land if the owner has not petitioned for exclusion thereof, shall consent in writing to the exclusion and unless all bonded indebtedness of the district chargeable to the land sought to be excluded is paid, or except as provided in NRS 539.738 to 539.748 , inclusive.

(Added to NRS by 1967, 1616 )

NRS 539.750

NRS

539.750

Petition for dissolution of district: Filing with clerk of district court; order of district judge.

Upon the filing of a petition with the clerk of the district court of the county where the district was organized, setting forth that an irrigation district should be forthwith dissolved, the petition to be signed by at least 25 percent of the electors owning at least 25 percent of the land in the district, the clerk of the district court shall forthwith obtain an order from the judge of that court, who shall enter an order directing the officers and directors of the irrigation district to submit to the electors the question of whether the district shall be dissolved at the next district election or primary or general state election.

[Part 47:64:1919; A 1933, 261 ; 1931 NCL § 8063]—(NRS A 1993, 1089 )

NRS 539.755

NRS

539.755

Determination of sufficiency of percentages required on petition: What governs clerk of district court.

In determining the sufficiency of the percentages required on the petition, the clerk of the district court with whom such petition is filed shall be governed by the last equalized assessment roll of the irrigation district, together with the last equalized assessment roll of the county or counties in which the district lands are situated, on file with the county assessor, county auditor and county treasurer of such county or counties, together with the list of electors from the records of the irrigation district and the registration lists and other election and citizenship records in the offices of the county clerk and county recorder of such county or counties.

[Part 47:64:1919; A 1933, 261 ; 1931 NCL § 8063]

NRS 539.780

NRS

539.780

Unlawful interference with officer, agent or employee of district; criminal and civil penalties.

Any person who wrongfully and maliciously interferes with any officer, agent or employee of the district in the proper discharge of his or her duties, is guilty of a public offense, as prescribed in NRS 193.155 , proportionate to the value of any property damaged or destroyed and in no event less than a misdemeanor.
The irrigation district damaged by any such act may also bring a civil action for damages sustained by any such act, and in such proceeding the prevailing party is entitled to attorneys fees and costs of court.

[10b:64:1919; added 1923, 289 ; NCL § 8019]—(NRS A 1967, 611 ; 1979, 1486 )

NRS 539.783

NRS

539.783

Liability of water user negligently or wrongfully impairing system of works; notice to repair.

Any water user, or his or her agent or lessee, of an irrigation district who shall negligently or wrongfully impair the usefulness of any reservoir, canal, ditch, lateral, drain, headgate, structure, or any part of the irrigation district system of works and fails to repair the same within 10 days after notice from the district so to do, or who fails within such time to file with the board of directors good and sufficient reasons for so failing to do, shall become liable for the payment thereof as provided in this chapter, or the irrigation district may make such repairs and add and collect the same as an operation and maintenance charge against the lands of the water user for the next succeeding irrigation season.

[10c:64:1919; added 1929, 286 ; NCL § 8020]

NRS 540.151

NRS

540.151

Supplier of water required to adopt plan to provide certain incentives; procedure for adoption of plan; adoption of joint plans permitted.

Except as otherwise provided in subsection 5, each supplier of water which supplies water for municipal, industrial or domestic purposes shall adopt a plan to provide incentives:

(a) To encourage water conservation in its service area;

(b) To retrofit existing structures with plumbing fixtures designed to conserve the use of water; and

Ê The supplier of water may request assistance from the Section to develop its plan.

As part of the procedure of adopting a plan, the supplier of water shall provide an opportunity for any interested person to submit written views and recommendations on the plan.
The supplier of water shall file a copy of the plan with the Section for informational purposes.
The plan:

(a) Must be available for inspection by members of the public during office hours at the offices of the supplier of water; and

(b) May be revised from time to time to reflect the changing needs and conditions of the service area. Each such revision must be made available for inspection by members of the public.

Suppliers of water:

(a) Who are required to adopt a plan for incentives pursuant to this section; and

(b) Whose service areas are located in a common geographical area,

Ê may adopt joint plans.

(Added to NRS by 1991, 522 ; A 2005, 2571 )

NRS 541.020

NRS

541.020

Definitions.

As used in this chapter, unless the context otherwise requires:

Board means the board of directors of the district.
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.
Land or real estate means real estate as the words real estate are defined by the laws of the State of Nevada, and includes all railroads, highways, roads, streets, street improvements, telephone, telegraph and transmission lines, gas, sewer and water systems, water rights, pipelines and rights-of-way of public service corporations, and all other real property whether held for public or private use.
Property means real estate and personal property.
Publication, when no manner is specified therefor, means once a week for 3 consecutive weeks in at least one newspaper of general circulation in each county wherein the publication is to be made. It is not necessary that publication be made on the same day of the week in each of the 3 weeks, but not less than 14 days, excluding the day of the first publication, must intervene between the first publication and the last publication, and publication is complete on the date of the last publication.
Public corporation means counties, cities and counties, towns, cities, school districts, irrigation districts, water districts, and all governmental agencies clothed with the power of levying or providing for the levy of general or special taxes or special assessments.
Section means a section of this chapter unless some other statute is expressly mentioned.
Subcontracting agency means a public service, public, private or other corporation, or other entity which contracts with the district for the purchase, transfer or acquisition from it of water, drainage or electric power.
Water conservancy districts means the districts created under the provisions of this chapter.
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. The term includes studies of the feasibility and advisability of constructing dams for storage of water in the upstream portions of watersheds.

[2:380:1955]—(NRS A 1959, 373 ; 1985, 523 ; 1989, 1401 )

NRS 541.030

NRS

541.030

Legislative declarations.

It is declared that to provide for the conservation and development of the water and land resources of the State of Nevada and for the greatest beneficial use of water within this state, the organization of water conservancy districts and the construction of works as herein defined by such districts are a public use and will:

(a) Be essentially for the public benefit and advantage of the people of the State of Nevada;

(b) Indirectly benefit all industries of the state;

(d) Directly benefit residents of the State of Nevada by providing adequate supplies of water for domestic, municipal and industrial use;

(e) Directly benefit lands to be irrigated or drained from works to be constructed;

(f) Directly benefit lands now under irrigation by stabilizing the flow of water in streams and by increasing flow and return flow of water to such streams;

(g) Directly benefit urban use of water or development of water resources by flood control; and

(h) Promote the comfort, safety and welfare of the people of the State of Nevada.

It is therefore declared to be the policy of the State of Nevada:

(a) To control, make use of and apply to beneficial use unappropriated waters in this state to a direct and supplemental use of such waters for domestic, manufacturing, irrigation, power and other beneficial uses.

(b) To cooperate with the United States and agencies thereof under the federal reclamation laws or other federal laws now or hereafter enacted and to construct and finance works within or without the State of Nevada as herein defined and to operate and maintain the same.

[3:380:1955]—(NRS A 1963, 765 )

NRS 541.040

NRS

541.040

District courts vested with jurisdiction to establish water conservancy districts; limitation of powers.

The district court sitting in and for any county in this state is hereby vested with jurisdiction, power and authority, when the conditions stated in NRS 541.050 are found to exist, to establish water conservancy districts, which may be entirely within or partly within and partly without the judicial district in which the court is located, for the purposes enumerated in NRS 541.030 ; but the terms of this chapter shall not be construed to confer upon such district court jurisdiction in proceedings provided for herein to hear, adjudicate and settle questions concerning the priority of appropriation of water between districts organized under this chapter and ditch companies and other owners of ditches drawing water for irrigation purposes from the same stream or its tributaries.

[4:380:1955]—(NRS A 1963, 766 )

NRS 541.050

NRS

541.050

Establishment of district: Requirements; filing of petitions; contents; effect of defects; amendments and corrections.

Before any water conservancy district is established under this chapter, a petition must be filed in the office of the clerk of the court vested with jurisdiction, in the county in which all or the greatest part of the lands embraced within the proposed water conservancy district are situated. The petition must be approved by the board of county commissioners of each county in which the district is situated. The petition must be filed by the board of county commissioners for the county in which the petition is filed, who must be designated as petitioners, and must set forth:

(a) The proposed name of the district.

(b) That the property within the proposed district will be benefited by the accomplishment of the purposes enumerated in NRS 541.030 .

(c) A general description of the purpose of the contemplated improvement and of the territory to be included in the proposed district. The description need not be given by metes and bounds or by legal subdivisions, but must be sufficient to enable a property owner to ascertain whether his or her property is within the territory proposed to be organized as a district. The territory need not be contiguous, provided it is so situated that the organization of a single district of the territory described is calculated to promote one or more of the purposes enumerated in NRS 541.030 .

(d) A general designation of the divisions of the district, any one or more of which may, if so provided in the petition, be constituted of an existing irrigation or other district organized under the laws of the State of Nevada or of an incorporated city or combination of incorporated cities, within the water conservancy district.

(e) The name of the principal subcontracting agency or agencies with which it is proposed the water conservancy district will enter into a contract or contracts.

(f) The number of directors of the proposed district which may, in addition to one director for each division thereof, include as director a representative of the proposed principal subcontracting agency named in the petition, or, if more than one such agency is named in the petition, then one representative of each principal subcontracting agency named therein. If the district includes land within more than one county, each county must have at least one representative on the board of directors.

(g) A prayer for the organization of the district by the name proposed.

No petition that has been approved by the required boards of county commissioners may be declared void on account of alleged defects, but the court may at any time permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory, or in any other particular.

[5:380:1955]—(NRS A 1963, 766 ; 1983, 146 ; 1987, 1725 ; 1989, 1402 )

NRS 541.100

NRS

541.100

Board of directors: Appointment; qualifications; terms; filling of vacancies; meetings and reports.

Within 60 days after the entry of the decree incorporating the district, the Governor shall appoint a board of directors therefor in accordance with the petition. If the district includes land within more than one county, the representative or representatives of each county must be appointed from a list of two or more nominees submitted by the board of county commissioners of the represented county. No person may be disqualified to act as a director because that person is an officer, employee or stockholder of, or owner of land within, any irrigation or other district constituting a division, or part of a division, or subcontracting agency of the district, nor may any director for that reason be disqualified to vote or act upon any matter involving such irrigation or other district or subcontracting agency.
The Governor shall fix the terms of office so that not less than three of the directors first appointed after organization of the district shall serve until the end of the calendar year next succeeding their appointment, and the remaining directors first appointed shall serve until the expiration of 3 years after the end of the calendar year in which they were appointed. All succeeding terms of office must be for 4 years. Upon the expiration of the term of office of any director, the Governor shall, upon the recommendation of the district or incorporated city, or combination of incorporated cities, or subcontracting agency, as the case may be, from which the director was appointed, appoint a successor to the director to hold office for 4 years. If the district includes land within more than one county, the representative or representatives of each county must be appointed from a list of two or more nominees submitted by the board of county commissioners of the represented county.
All vacancies in the office of director must be filled in the manner provided in subsection 2. Each director shall hold office during the term for which he or she is appointed and until a successor is appointed and has qualified.
An annual meeting of the board of directors must be held on a date to be fixed by the board and, in addition thereto, the board shall hold meetings at least quarterly on dates to be fixed in the bylaws of the district. A report of the business transacted during the preceding year by the district, including a financial report prepared by qualified public accountants, must be filed with the board of county commissioners of each county in which the district is situated on or before the date of the annual meeting.

[10:380:1955]—(NRS A 1959, 376 ; 1987, 1727 ; 1989, 1406 )

NRS 541.140

NRS

541.140

Powers of board.

The board shall have power on behalf of the district:

To have perpetual succession.
To take by appropriation, grant, purchase, bequest, devise or lease, and to hold and enjoy water, waterworks, water rights and sources of water supply and any and all real and personal property of any kind within or without the district or within or without the State of Nevada necessary or convenient to the full exercise of its powers; and to sell, lease, encumber, alienate or otherwise dispose of water, waterworks, water rights and sources of supply of water for use within and without the district and within and without the State of Nevada; also, to acquire, construct, operate, control and use any and all works, facilities and means necessary or convenient to the exercise of its power, both within and without the district, and within and without the State of Nevada, and to do and perform any and all things necessary or convenient to the full exercise of the powers herein granted.
To have and to exercise the power of eminent domain, and, in the manner provided by law for the condemnation of private property for public use, to take any property necessary to the exercise of the powers herein granted.
To construct and maintain works and establish and maintain facilities across or along any public street or highway, and in, upon, or over any vacant public lands, which public lands are now, or may become, the property of the State of Nevada, and to construct works and establish and maintain facilities across any stream of water or watercourse in accordance with the laws of the State of Nevada, provided that the district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to impair completely or unnecessarily the usefulness thereof. The grant of the right to use such vacant state land shall be effective upon the filing by such district with the State Land Registrar of an application showing the boundaries, extent and locations of the lands, rights-of-way or easements desired for such purposes. If the lands, rights-of-way or easements for which application shall be made are for the construction of any aqueduct, ditch, pipeline, conduit, tunnel or other works for the conveyance of water, or for roads, or for poles or towers, and wires for the conveyance of electrical energy or for telephonic or telegraphic communication, no compensation shall be charged the district therefor, unless in the opinion of the State Land Registrar the construction of such works will render the remainder of the legal subdivision through which such works are to be constructed valueless or unsalable, in which event the district shall pay for the lands to be taken and for such portion of any legal subdivision which in the opinion of the board is rendered valueless or unsalable, at a rate not exceeding $2.50 per acre. If the lands for which application is made are for purposes other than the construction of roads or works for the conveyance of water, or electricity or telephonic or telegraphic communication, such district shall pay the State for such lands at a rate not exceeding $2.50 per acre. Upon filing such application, accompanied by a map or plat showing the location or proposed location of such works and facilities, the fee title to so much of such state lands as shall be necessary or convenient to enable such district efficiently and without interference to construct, maintain and operate its works and to establish, maintain and operate its facilities shall be conveyed to the district by patent. If an easement or right-of-way only over such lands be sought by the district, such easement or right-of-way shall be evidenced by a permit or grant executed by or on behalf of the State Land Registrar. The State Land Registrar may reserve easements and rights-of-way in the public across any lands in such patents, grants or permits described for streets, roads and highways, established according to law. Before any such patent, grant or permit shall be executed, any compensation due to the State under the provisions hereof must be paid. No fee shall be exacted from the district for any patent, permit or grant so issued or for any service rendered hereunder. In the use of streets the district shall be subject to the reasonable rules and regulations of the county, city or town where such streets lie, concerning excavation and the refilling of excavation, the re-laying of pavements and the protection of the public during periods of construction; but the district shall not be required to pay any license or permit fees, or file any bonds. The district may be required to pay reasonable inspection fees.
To contract with the Government of the United States or any agency thereof, the State of Nevada or any of its cities, counties or other governmental subdivisions, for the construction, preservation, operation and maintenance of tunnels, drains, pipelines, reservoirs, ditches and waterways, regulating basins, diversion canals and works, dams, power plants and all necessary works incident thereto within and without the State of Nevada, and to acquire perpetual rights to the use of water and electrical energy from such works; to sell and dispose of perpetual rights to the use of water and electrical energy from such works to persons and corporations, public and private within or without the State of Nevada.
To list in separate ownership the lands within the district which are susceptible of irrigation from district sources and to make an allotment of water to all such lands, which allotment of water shall not exceed the maximum amount of water that the board determines could be beneficially used on such lands; to levy assessments, as hereinafter provided, against the lands within the district to which water is allotted on the basis of the value per acre-foot of water allotted to the lands within the district; but the board may divide the district into units and fix a different value per acre-foot of water in the respective units, and, in such case, shall assess the lands within each unit upon the same basis of value per acre-foot of water allotted to lands within such unit.
To fix rates at which water not allotted to lands, as hereinbefore provided, shall be sold, leased or otherwise disposed of; but rates shall be equitable although not necessarily equal or uniform for like classes of service throughout the district.
To enter into contracts, employ and retain personal services and employ laborers; to create, establish and maintain such offices and positions as shall be necessary and convenient for the transaction of the business of the district; and to elect, appoint and employ such officers, attorneys, agents and employees therefor as shall be found by the board to be necessary and convenient.
To adopt plans and specifications for the works for which the district was organized, which plans and specifications may at any time be changed or modified by the board. Such plans shall include maps, profiles, and such other data and descriptions as may be necessary to set forth the location and character of the works, and a copy thereof shall be kept in the office of the district and open to public inspection.
To appropriate and otherwise acquire water and water rights within or without the State; to develop, store and transport water; to subscribe for, purchase and acquire stock in canal companies, water companies, and water users associations; to provide, sell, lease, and deliver water for municipal and domestic purposes, irrigation, power, milling, manufacturing, mining, metallurgical and any and all other beneficial uses, and to derive revenue and benefits therefrom; to fix the terms and rates therefor; and to make and adopt plans for and to acquire, construct, operate and maintain dams, reservoirs, ditches, waterways, canals, conduits, pipelines, tunnels, power plants and any and all works, facilities, improvements and property necessary or convenient therefor, and in the doing of all such things to obligate itself and execute and perform such obligations according to the tenor thereof.
To generate electric energy and to contract for the generation, distribution and sale of such energy.
To invest any surplus money in the district treasury, including such money as may be in any sinking fund established for the purpose of providing for the payment of the principal or interest of any contract, or other indebtedness, or for any other purpose, not required for the immediate necessities of the district, in treasury notes or bonds of the United States, or of this state, or of any state, county or municipal corporation. Any bonds or treasury notes thus purchased and held may, from time to time, be sold and the proceeds reinvested in bonds or treasury notes as above provided. Sales of any bonds or treasury notes thus purchased and held shall from time to time be made in season so that the proceeds may be applied to the purposes for which the money with which the bonds or treasury notes were originally purchased was placed in the treasury of the district. The functions and duties authorized by this subsection shall be performed under such rules and regulations as shall be prescribed by the board.
To borrow money from the State of Nevada or other sources and incur indebtedness and to pledge revenues of the district to secure the repayment of any money so borrowed.
To adopt bylaws not in conflict with the Constitution and laws of the State for carrying on the business, objects and affairs of the board and of the district.
To construct works for the drainage of lands within the district and to levy special assessments against the lands drained by such works for the repayment of the costs thereof.

[14:380:1955]—(NRS A 1959, 377 ; 1963, 768 ; 2001, 2088 )

NRS 541.145

NRS

541.145

Powers of board concerning irrigation, flood control, drainage, safety and health projects.

The board shall have the following powers concerning the management, control, operation and use of any irrigation, flood control, drainage, safety or health project:

To make and enforce all reasonable rules and regulations for the management, control, operation and use of any such project.
To restrict or suspend the right of any person or corporation to benefit from any such project if such person or corporation has violated any rule or regulation prescribed by the board as provided in subsection 1.
To withhold service upon or maintenance of any such project upon which there are any defaults or delinquencies of payments.

(Added to NRS by 1963, 765 )

NRS 541.160

NRS

541.160

Board may levy and collect taxes and special assessments; classification of methods.

In addition to the other means of providing revenue for such districts as provided in this chapter, the board may levy and collect taxes and special assessments for maintaining and operating those works and paying the obligations and indebtedness of the district by any one or more of the methods or combinations thereof, classified as follows:

Class A. To levy and collect taxes upon all property within the district as provided in this chapter.
Class B. To levy and collect assessments for special benefits accruing to property within municipalities for which use of water is allotted as provided in this chapter.
Class C. To levy and collect assessments for special benefits accruing to lands within irrigation districts for which use of water is allotted as provided in this chapter.
Class D. To levy and collect assessments for special benefits accruing to lands for which use of water is allotted as provided in this chapter.
Class E. To levy and collect assessments for special benefits accruing to lands from irrigation, flood control, drainage, safety and health resulting or to result from projects undertaken by the district.

[16:380:1955]—(NRS A 1963, 772 ; 1979, 555 ; 1987, 538 ; 1989, 1931 ; 1997, 1199 )

NRS 541.180

NRS

541.180

Board may sell or lease water to municipalities upon petition; levy and collection of special assessments under class B.

To levy and collect special assessments under class B as herein provided, the board shall make an allotment of water to each petitioning municipality in the district in the manner hereinafter provided, in such quantity as will in the judgment of the board, when added to the then present supply of water of such municipality, make an adequate supply for such municipality, and shall fix and determine the rate or rates per acre-foot, and terms at and upon which such water shall be sold, leased or otherwise disposed of, for use by such municipalities; but such rates shall be equitable although not necessarily equal or uniform for like classes of services throughout the district. If any city, city and county, or town shall desire to purchase, lease, or otherwise obtain the beneficial use of waters of the district for domestic or irrigation purposes, the legislative body of such municipality shall by ordinance authorize and direct its mayor and clerk to petition the board for an allotment of water, upon terms prescribed by the board, which petition shall contain, inter alia, the following:

(a) Name of the municipality.

(b) Quantity of water to be purchased or otherwise acquired.

(d) Whether payments are to be in cash or annual installments.

(e) Agreement by the municipality to make payments for the beneficial use of such water together with annual maintenance and operating charges and to be bound by the provisions of this chapter and the rules and regulations of the board.

The secretary of the board shall cause notice of the filing of such petition to be given and published once each week for 2 successive weeks, in a newspaper published in the county in which the municipality is situated, which notice shall state the filing of such petition and give notice to all persons interested to appear at the office of the board at a time named in the notice, and show cause, in writing, if any they have, why the petition should not be granted. The board, at the time and place mentioned in the notice or at such time or times at which the hearing of the petition may adjourn, shall proceed to hear the petition and objections thereto, presented, in writing, by any person showing cause as aforesaid why the petition should not be granted. The failure of any person interested to show cause in writing, as aforesaid, shall be deemed and taken as an assent on his or her part to the granting of the petition. The board may, at its discretion, accept or reject the petition; but, if it deems it for the best interest of the district that the petition be granted, the board shall enter an order granting the petition, and from and after such order the municipality shall be deemed to have purchased, leased or otherwise acquired the beneficial use of water as set forth in the order. If the petition is granted, the board shall, in each year, determine the amount of money necessary to be raised by taxation from property within such municipality to pay the annual installments and a fair proportionate amount of estimated operating and maintenance charges for the next succeeding year, as provided in the order granting the petition, and prepare a statement showing the tax rate to be applied to all property in such municipality, which rate shall be the rate fixed by resolution of the board modified to the extent necessary to produce from each such municipality only the amount of money apportioned thereto in the resolution, less any amount paid or undertaken to be paid by such municipality in cash or as credited thereto by payments from the general funds of such municipality. Upon receipt by the board of county commissioners of each county, wherein such municipality is located, of a certified copy of such resolution showing the tax rate to be applied to all property in each municipality and showing the municipalities and the property which is exempt therefrom, if any, the county officers shall levy and collect such tax in addition to such other tax as may be levied by such board of county commissioners at the rate so fixed and determined.

[18:380:1955]

NRS 541.190

NRS

541.190

Board may sell or lease water to irrigation districts; levy and collection of special assessments under class C.

To levy and collect special assessments upon lands under class C as herein provided, the board shall make an allotment of water to each of the petitioning irrigation districts within the district in the manner as hereinafter provided in such quantity as will in the judgment of the board, when added to the present supply of water of such irrigation district, make an adequate supply of water for such irrigation district, and shall fix and determine the rate or rates per acre-foot and terms at and upon which water shall be sold, leased or otherwise disposed of to such irrigation district; but such rates shall be equitable although not necessarily equal or uniform for like classes of services throughout the district. If any irrigation district shall desire to purchase, lease or otherwise obtain the beneficial use of waters of the district, the board of such irrigation district shall by resolution authorize and direct its president and secretary to petition the board for an allotment of water, upon terms prescribed by the board, which petition shall contain, inter alia, the following:

(a) Name of the irrigation district.

(b) Quantity of water to be purchased or otherwise acquired.

(d) Whether payments are to be made in cash or annual installments.

(e) Agreement by such irrigation district to make payments for the beneficial use of such water, together with annual maintenance and operating charges, and to be bound by the provisions of this chapter and the rules and regulations of the board.

The secretary of the board shall cause notice of the filing of such petition to be given and published, which notice shall state the filing of such petition and give notice to all persons interested to appear at the office of the board at a time named in the notice and show cause in writing, if any they have, why the petition should not be granted. The board at the time and place mentioned in the notice, or at such time or times at which the hearing of the petition may be adjourned, shall proceed to hear the petition and objections thereto, presented, in writing, by any person showing cause as aforesaid why the petition should not be granted. The failure of any person interested to show cause, in writing, as aforesaid, shall be deemed and taken as an assent on his or her part to the granting of the petition. The board may, in its discretion, accept or reject the petition, but, if it deems it for the best interest of the district that the petition shall be granted, shall enter an order to that effect granting the petition, and from and after such order, the irrigation district and persons therein shall be deemed to have purchased, leased or otherwise acquired the beneficial use of water as set forth in the order. If the petition is granted, the board shall, in each year, determine the amount of money necessary to be raised by special assessment on lands within such irrigation district and shall determine whether such special assessment shall be levied by the district or by the irrigation district. If the board determines that such assessments shall be levied by the district, it shall certify to the county assessor of the county in which the lands of such irrigation district are located the amount of the assessment, plus a fair proportionate amount of the estimated operating and maintenance charges for the next succeeding year on each tract of land on or before April 1 of each year, and such county assessor shall extend the amount of such special assessment, plus the operating and maintenance charges on the tax roll as a special assessment against the lands on which the special assessment is made. If the board determines that such assessments shall be levied by the irrigation district, the district shall make a contract with the irrigation district which shall provide among other things for the annual payment to the district of an amount to be obtained from the levy by the irrigation district of annual assessments in accordance with chapter 539 of NRS.

[19:380:1955]

NRS 541.200

NRS

541.200

Board may sell or lease water to persons and private corporations on petition; levy and collection of taxes under class D.

To levy and collect special assessments upon lands under class D as herein provided, the board shall make an allotment of water to petitioning owners of lands in the district, upon which water can be beneficially used in the manner as hereinafter provided, in such amount as will, in the judgment of the board, together with the present supply of water for irrigation purposes on such lands, make an adequate water supply for irrigation of such lands, and shall fix and determine the rate or rates per acre-foot and the terms at and upon which water shall be held, leased, or otherwise disposed of, for use on the lands. If any person or private corporation shall elect to purchase, lease or otherwise obtain the beneficial use of waters of the district for irrigation of lands or for domestic purposes, such person or corporation shall petition the board for an allotment of water upon terms prescribed by the board which petitions shall contain, inter alia, the following:

(a) Name of the applicant.

(b) Quantity of water to be purchased or otherwise acquired.

(d) Price per acre-foot to be paid.

(e) Whether payments will be made in cash or annual installments.

(f) Agreement that the annual installments and the charges for maintenance and operating shall become a lien upon the lands for which such water is petitioned and allotted and to be bound by the provisions of this chapter and the rules and regulations of the board.

The board may, in its discretion, accept or reject the petition, but, if it deems it for the best interests of the district that the petition be granted, shall enter an order granting the petition, and from and after such order the petitioner shall have been deemed to have agreed to the purchase, lease or other means of acquiring the beneficial use of water under the terms set forth in the petition and order. Such order shall provide for payment on the basis of rate per acre-foot of water allotted to the lands within the district, providing:

(a) That the board may divide the district into units and fix a different rate per acre-foot of water in the respective units; and

(b) That such rates shall be equitable although not necessarily equal or uniform for like classes of services throughout the district.

The secretary of the board shall cause notice of the filing of such petition to be given and published, which notice shall state the filing of such petition and give notice to all persons interested to appear at the office of the board at a time named in the notice and show cause in writing, if any they have, why the petition should not be granted. The board at the time and place mentioned in the notice, or at such time or times at which the hearing on the petition may be adjourned, shall proceed to hear the petition and objections thereto, presented, in writing, by any person showing cause, as aforesaid, why the petition should not be granted. The failure of any person interested to show cause, in writing, as aforesaid, shall be deemed and taken as an assent on his or her part to the granting of the petition. The board may, in its discretion, accept or reject the petition, but, if it deems it for the best interest of the district that the petition shall be granted, shall enter an order to that effect granting the petition, and from and after such order the petitioner or persons interested therein shall be deemed to have purchased, leased or otherwise acquired the beneficial use of water as set forth in the order. If the petition is granted, the board shall cause a certified copy of the order granting the petition to be recorded in the county in which the lands are located, and thereafter the annual installments and annual operating and maintenance charges shall be a perpetual lien upon such lands. The board shall, between March 1 and March 15 of each year, certify to the county assessor of the county within the district in which such lands are located the amount of the annual installments, plus a fair proportionate amount of the estimated operating and maintenance charges apportioned to the lands for the next succeeding year, and the county assessor shall extend the amount so certified on the tax roll as a flat special assessment against the lands for which such water is petitioned and allotted.

[20:380:1955]—(NRS A 1959, 381 )

NRS 541.205

NRS

541.205

Board may undertake irrigation, flood control, drainage, safety and health projects; levy and collection of special assessments under class E.

To levy and collect special assessments upon lands under class E as herein provided, the board shall examine the land in the district and determine the benefits which will accrue to each parcel of land from the construction or purchase of the works proposed for the district. The cost of such works shall be apportioned or distributed over such parcels of land in proportion to such benefits.
Any county, municipality, irrigation district, person or corporation which desires a board to undertake any irrigation, flood control, drainage, safety or health project may file a petition requesting the accomplishment of any such project with the board of the district in which such project is desired to be accomplished.
Every such petition shall be issued pursuant to an ordinance adopted by the county or municipality which desires the accomplishment of the project, or, if the petitioner is other than a county or municipality, by the county or municipality in which the petitioner resides, and shall set forth:

(a) The name of the petitioner.

(b) The nature of the project desired to be accomplished.

The secretary of the board shall cause notice of the filing of the petition to be published, which notice shall state the filing of such petition and give notice to all persons interested to appear at the office of the board at a time named in the notice and, in writing, show cause, if any, why the petition should not be granted. The board, at the time and place mentioned in the notice, or at such time or times to which the hearing may be adjourned, shall hear the petition and objections thereto. The failure of any person to show cause in writing why the petition should not be granted shall be deemed an assent on his or her part to the granting of the petition. The board may, in its discretion, accept or reject the petition, but if it finds that it will be in the best interest of the district that the petition be granted, it shall enter an order to that effect granting the petition and fixing annual special assessments on the land within the district apportioned as provided in subsection 1.
If the petition is granted, the board shall cause a certified copy of the order granting the petition to be recorded in the county in which the lands are located, and thereafter the annual special assessments shall be a perpetual lien upon such lands. The board shall, between March 1 and March 15 of each year, certify to the county assessor of the county within the district in which such lands are located the amount of the annual special assessments, plus a fair proportionate amount of the estimated operating and maintenance charges apportioned to the lands for the next succeeding year, and the county assessor shall extend the amount so certified on the tax roll as a flat special assessment against such lands.

(Added to NRS by 1963, 764 )

NRS 541.250

NRS

541.250

Property exempt from assessments.

All property of whatever kind and nature owned by the State and by towns, cities, school districts, drainage districts, irrigation districts, water districts, or any other governmental agency or agencies within the district, shall be exempt from assessment and levy by the board as provided by this chapter for the purposes herein contained.

[25:380:1955]

NRS 541.270

NRS

541.270

Liens to secure payment of annual installments.

To meet the annual installments as provided in contracts for the use of water:

A water users association may bind itself to levy an annual assessment on the use of water and to secure the same by liens on land and water rights or in such manner as may be provided by law.
A mutual ditch or irrigation company may bind itself by mortgage upon its irrigation works and system and levy annual assessments upon its stockholders.
Any person or corporation landowner may create a mortgage lien upon lands or give other security satisfactory to the board; and all such contracts shall provide for forfeiture of the use of water for nonpayment of assessments or installments.

[27:380:1955]

NRS 543.365

NRS

543.365

Aesthetic enhancement of projects.

The board may enhance any project of the district by providing recreational facilities, landscaping and similar amenities in order to increase the usefulness of the project to the community, provide aesthetic compatibility with the surrounding community and mitigate the adverse effect of the project on the environment.

(Added to NRS by 1985, 1190 )

NRS 543.440

NRS

543.440

Use of property taken by eminent domain declared public use; diversion of water.

It is hereby declared that the use of the property, lands, rights-of-way, easements or materials which may be condemned, taken or appropriated under the provisions of NRS 543.170 to 543.830 , inclusive, is a public use subject to the regulation and control of the State in the manner prescribed by law.
The provisions of NRS 543.170 to 543.830 , inclusive, do not authorize any district or person to divert the waters of any river, creek, stream, irrigation system, canal or ditch from its channel to the detriment of any person having any interest in that river, creek, stream, irrigation system, canal or ditch or the waters thereof or therein, unless previous compensation is first ascertained and paid therefor under the laws of this state authorizing the taking of private property for public use.

(Added to NRS by 1961, 432 ; A 1987, 723 )

NRS 548.175

NRS

548.175

General powers and duties.

The Commission has the following duties and powers:

To carry out the policies of this State in programs at the state level for the conservation of the renewable natural resources of this State and to represent the State in matters affecting such resources.
To offer such assistance as may be appropriate to the supervisors of conservation districts in the carrying out of any of their powers and programs, to propose programs and to assist and guide districts in the preparation and carrying out of programs authorized under this chapter, to review district programs, to coordinate the programs of the districts and resolve any conflicts in such programs, and to facilitate, promote, assist, harmonize, coordinate and guide the programs and activities of districts as they relate to other special-purpose districts, counties and other public agencies.
To keep the supervisors of each of the districts informed of the activities and experience of all other districts organized pursuant to this chapter, and to facilitate an interchange of advice and experience among those districts and promote cooperation among them.
To secure the cooperation and assistance of the United States, any of its agencies and of other agencies of this State in the work of conservation districts.
To serve, along with conservation districts, as the official state agency for cooperating with the Natural Resources Conservation Service of the United States Department of Agriculture in carrying on conservation operations within the boundaries of conservation districts as created under this chapter.
To enlist the cooperation and collaboration of state, federal, interstate, local, public and private agencies with the conservation districts and to facilitate arrangements under which the conservation districts may serve county governing bodies and other agencies as their local operating agencies in the administration of any activity concerned with the conservation and use of renewable natural resources.
To make available, with the assistance of the Program, information concerning the needs and the work of the districts and the Commission to the Director of the State Department of Conservation and Natural Resources, the Legislature, executive agencies and political subdivisions of this State, cooperating federal agencies and the general public.
To cooperate with and give such assistance as may be requested by cities, counties, irrigation districts, and other special-purpose districts in the State of Nevada for the purpose of cooperating with the United States through the Secretary of Agriculture in the furtherance of conservation, pursuant to the provisions of the Watershed Protection and Flood Prevention Act, 16 U.S.C. §§ 1001 et seq., and the requirements of other special programs of the United States Department of Agriculture.
Pursuant to procedures developed mutually by the Commission and federal, state and local agencies that are authorized to plan or administer activities significantly affecting the conservation and use of renewable natural resources, to receive from those agencies, for review and comment, suitable descriptions of their plans, programs and activities for purposes of coordination with the conservation districts programs and to arrange for and participate in conferences necessary to avoid conflict among the plans and programs, to call attention to omissions and to avoid duplication of effort.
To submit, with the assistance of the Program, a report to the Director of the State Department of Conservation and Natural Resources whenever the Commission determines that there exists a substantial conflict between the program of a district and the proposed plans or activities directly affecting the conservation of natural resources prepared by any other local governmental unit or agency of this State.
By administrative order of the Commission, upon the written request of the board of supervisors of the conservation district or districts involved, with a showing that the request has been approved by a majority vote of the members of each of the boards involved:

(a) To transfer lands from one district established under the provisions of this chapter to another.

(b) To divide a single district into two or more districts, each of which must, thereafter, operate as a separate district under the provisions of this chapter.

(c) To consolidate two or more districts established under the provisions of this chapter into a single district under the provisions of this chapter.

(d) To inform the Program of any action taken pursuant to this subsection for its approval of any new name and the appropriate entry in the Programs records of the changes made.

To authorize the change of name of any district, upon receipt by the Commission of a resolution by the board of supervisors of the district for such a change and to present the resolution to the Program for processing and recording in accordance with the provisions of NRS 548.240 .
To apply for any available grants and to accept and use any grants, gifts or donations to make available grants of money to qualified conservation districts to aid the districts in carrying out the provisions of this chapter.

[Part 4:212:1937; A 1951, 190 ]—(NRS A 1973, 743 ; 1977, 1173 ; 1985, 777 ; 1995, 1922 ; 2005, 121 ; 2011, 2481 )

NRS 555.23525

NRS

555.23525

Dealer of nursery stock defined.

Dealer of nursery stock means a person who produces, holds, distributes, collects or sells nursery stock, including, without limitation, a retail business, wholesale grower, landscape contractor, landscape maintenance business, broker and peddler.

(Added to NRS by 2003, 532 )

NRS 555.236

NRS

555.236

License required to produce, hold, distribute, collect or sell nursery stock; exceptions; waivers.

Except as otherwise provided in this section, a person who engages in the commercial production, holding, distribution, collection or selling of nursery stock must obtain a license from the Director, except:

(a) Retail florists or other persons who sell potted, ornamental plants intended for indoor decorative purposes.

(b) A person not engaged in the nursery or landscaping business who raises nursery stock as a hobby in this State from which the person makes occasional sales, if the person does not advertise or solicit for the sale of that nursery stock.

(c) Persons engaged in agriculture and field-growing vegetable plants intended for sale for use in agricultural production.

(d) At the discretion of the Director, persons selling vegetable bulbs or flower bulbs, including, without limitation, onion sets, tulip bulbs and similar bulbs.

(e) A business licensed by another state that sells nursery stock only to:

(1) A licensed dealer of nursery stock in this State; or

(2) The public exclusively by catalog or via the Internet.

(f) A garden club or charitable nonprofit association conducting sales of nursery stock, provided that the garden club or nonprofit association has applied for and received a permit from the Director to conduct such sales. The Department shall not charge a fee for such a permit.

(g) A state or local governmental entity, including a conservation district. The Department may inspect any plant materials held, distributed, collected or sold by such an entity.

The Director may waive the requirements relating to licensing set forth in NRS 555.235 to 555.249 , inclusive, for a person otherwise required to obtain a license pursuant to this section if the person only has occasional sales of nursery stock to the ultimate customer. To obtain a waiver pursuant to this subsection, the person must:

(a) Submit to the Department a completed application for a license to engage in the business of a dealer of nursery stock that includes sufficient information to demonstrate that the person qualifies for a waiver pursuant to this subsection; and

(b) Submit to the Director a notarized affidavit on a form provided by the Department attesting that all information furnished in the completed application is true.

Ê A completed application submitted to the Department pursuant to this section need not be accompanied by the fee required by NRS 555.238 . A waiver issued pursuant to this subsection may be revoked at any time and must be renewed annually.

Persons, state agencies or political subdivisions exempt from the licensing requirements:

(a) Shall conduct their businesses in accordance with pest regulations and grades and standards for nursery stock as established by the Director.

(b) Shall register annually, on or before July 1, with the Department, the location, size and type of nursery stock being sold or produced.

As used in this section, occasional sales means sales of nursery stock in a gross annual amount that is less than $1,000.

(Added to NRS by 1959, 564 ; A 1961, 527 ; 1973, 283 ; 1993, 1712 ; 1999, 709 , 3643 ,

3742 ;

2003, 534 ; 2021, 152 )

NRS 623.325

NRS

623.325

Written contracts for professional services required; exceptions.

Except as otherwise provided in this section, an architect, registered interior designer or residential designer shall execute a written contract with a client before providing professional services to the client.
A contract created pursuant to subsection 1 must contain, but is not limited to, the following:

(a) A description of the services to be provided to the client by the architect, registered interior designer or residential designer;

(b) A description of the basis for compensation and the method of payment;

(c) The name, address and certificate number of the architect, registered interior designer or residential designer and the name and address of the client;

(d) A description of the procedure that the architect, registered interior designer or residential designer and the client will use to accommodate additional services;

(e) A statement identifying the ownership or reuse of documents prepared by the architect, registered interior designer or residential designer; and

(f) A description of the procedure to be used by either party to terminate the contract.

An architect, registered interior designer or residential designer may provide professional services to a client before the execution of a written contract only if the client agrees in writing that a written contract is not needed before work begins.
A contract created pursuant to subsection 1 is not required for professional services rendered by an architect, registered interior designer or residential designer:

(a) For which the client will not pay compensation;

(b) When, after full disclosure of the requirements of this section, the client agrees in writing that a contract meeting the requirements of subsection 1 is not required; or

(c) To a person who holds a certificate of registration as a landscape architect pursuant to chapter 623A of NRS or a person who is licensed as a professional engineer pursuant to chapter 625 of NRS.

(Added to NRS by 2009, 291 )

NRS 623.349

NRS

623.349

Formation of business organizations or associations with persons outside of field of practice or with unregistered or unlicensed persons: Conditions; limitations.

Architects, registered interior designers, residential designers, professional engineers and landscape architects may join or form a partnership, corporation, limited-liability company or other business organization or association with registrants and licensees outside of their field of practice, or with persons who are not registered or licensed, if control and two-thirds ownership of the business organization or association is held by persons registered or licensed in this State pursuant to the applicable provisions of this chapter, chapter 623A or 625

of NRS.

If a partnership, corporation, limited-liability company or other form of business organization or association wishes to practice pursuant to the provisions of this section, it must:

(a) Demonstrate to the Board that it is in compliance with all provisions of this section.

(b) Pay the fee for a certificate of registration pursuant to NRS 623.310 .

(d) If it is a corporation, register with the Board and furnish to the Board a complete list of all stockholders when it first files with the Board and annually thereafter within 30 days after the annual meeting of the stockholders of the corporation, showing the number of shares held by each stockholder.

(e) If it is a partnership, limited-liability company or other form of business organization or association, register with the Board and furnish to the Board such information analogous to that required by paragraph (d) as the Board may prescribe by regulation.

A partnership, corporation, limited-liability company or other form of business organization or association practicing under the provisions of this section may not perform, promote or advertise the services of a registrant or licensee unless that registrant or licensee is an owner of the business organization or association.
As used in this section, control means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a business organization or association.

(Added to NRS by 1997, 1406 )

NRS 624.031

NRS

624.031

Applicability of chapter: Exemptions.

The provisions of this chapter do not apply to:

Work performed exclusively by an authorized representative of the United States Government, the State of Nevada, or an incorporated city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this State.
Any entity that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), which:

(a) Enters into a contract or other agreement with the State of Nevada, or an incorporated city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this State, to facilitate the repair or maintenance of properties, including, without limitation, weatherization and energy efficiency services;

(b) Facilitates work to be performed on such a property by a person licensed pursuant to this chapter; and

(c) Is a party with the owner of such a property and a person licensed pursuant to this chapter to a contract or agreement for the work on the property.

An officer of a court when acting within the scope of his or her office.
Work performed exclusively by a public utility operating pursuant to the regulations of the Public Utilities Commission of Nevada on construction, maintenance and development work incidental to its business.
An owner of property who is building or improving a residential structure on the property for his or her own occupancy and not intended for sale or lease. The sale or lease, or the offering for sale or lease, of the newly built structure within 1 year after its completion creates a rebuttable presumption for the purposes of this section that the building of the structure was performed with the intent to sell or lease that structure. An owner of property who requests an exemption pursuant to this subsection must apply to the Board for the exemption. The Board shall adopt regulations setting forth the requirements for granting the exemption.
Any work to repair or maintain property the value of which is less than $1,000, including labor and materials, unless:

(a) A building permit is required to perform the work;

(b) The work is of a type performed by a plumbing, electrical, refrigeration, heating or air-conditioning contractor;

(c) The work is of a type performed by a contractor licensed in a classification prescribed by the Board that significantly affects the health, safety and welfare of members of the general public;

(d) The work is performed as a part of a larger project:

(1) The value of which is $500 or more; or

(2) For which contracts of less than $500 have been awarded to evade the provisions of this chapter; or

(e) The work is performed by a person who is licensed pursuant to this chapter or by an employee of that person.

The sale or installation of any finished product, material or article of merchandise which is not fabricated into and does not become a permanent fixed part of the structure.
The construction, alteration, improvement or repair of personal property.
The construction, alteration, improvement or repair financed in whole or in part by the Federal Government and conducted within the limits and boundaries of a site or reservation, the title of which rests in the Federal Government.
An owner of property, the primary use of which is as an agricultural or farming enterprise, building or improving a structure on the property for his or her use or occupancy and not intended for sale or lease.
Construction oversight services provided to a long-term recovery group by a qualified person within a particular geographic area that is described in a proclamation of a state of emergency or declaration of disaster by the State or Federal Government, including, without limitation, pursuant to NRS 414.070 . A long-term recovery group may reimburse such reasonable expenses as the qualified person incurs in providing construction oversight services to that group. Except as otherwise provided in this subsection, nothing in this subsection authorizes a person who is not a licensed contractor to perform the acts described in paragraphs (a) and (b) of subsection 1 of NRS 624.700 . As used in this subsection:

(a) Construction oversight services means the coordination and oversight of labor by volunteers.

(b) Long-term recovery group means a formal group of volunteers coordinating response and recovery efforts related to a state of emergency or disaster that is proclaimed or declared by the State or Federal Government.

(c) Qualified person means a person who possesses the abilities, education, experience, knowledge, skills and training that a long-term recovery group has identified as being necessary to provide construction oversight services for a project to be performed by that group.

A person licensed as a real estate broker, real estate broker-salesperson or real estate salesperson pursuant to chapter 645 of NRS who, acting within the scope of the license or a permit to engage in property management issued pursuant to NRS 645.6052 , assists a client in scheduling work to repair or maintain residential property pursuant to a written brokerage agreement or a property management agreement. Such assistance includes, without limitation, assisting a client in the hiring of any number of licensed contractors to perform the work. Nothing in this subsection authorizes the performance of any work for which a license is required pursuant to this chapter by a person who is not licensed pursuant to this chapter or the payment of any additional compensation to a person licensed as a real estate broker, real estate broker-salesperson or real estate salesperson for assisting a client in scheduling the work. The provisions of this subsection apply only if a building permit is not required to perform the work and if the value of the work does not exceed $10,000 per residential property during the fixed term of the written brokerage agreement, if the assistance is provided pursuant to such an agreement, or during a period not to exceed 6 months if the assistance is provided pursuant to a property management agreement. As used in this subsection:

(a) Brokerage agreement has the meaning ascribed to it in NRS 645.005 .

(b) Property management agreement has the meaning ascribed to it in NRS 645.0192 .

(d) Real estate broker-salesperson has the meaning ascribed to it in NRS 645.035 .

(e) Real estate salesperson has the meaning ascribed to it in NRS 645.040 .

(f) Residential property means:

(1) Improved real estate that consists of not more than four residential units; or

(2) A single-family residential unit, including a condominium, townhouse or home within a subdivision, if the unit is sold, leased or otherwise conveyed unit by unit, regardless of whether the unit is part of a larger building or parcel that consists of more than four units.

[1:Art. III:186:1941; A 1951, 47 ] + [2:Art. III:186:1941; 1943 NCL § 1474.14] + [3:Art. III:186:1941; A 1951, 47 ] + [4:Art. III:186:1941; A 1947, 307 ; 1951, 47 ] + [5:Art. III:186:1941; 1931 NCL § 1474.17] + [6:Art. III:186:1941; 1931 NCL § 1474.18] + [7:Art. III:186:1941; A 1951, 47 ] + [9:Art. III:186:1941; A 1947, 307 ; 1943 NCL § 1474.21]—(NRS A 1975, 1167 ; 1987, 1730 ; 1989, 1629 ; 1997, 2019 , 3162 ;

2001, 2409 ; 2007, 855 ; 2009, 763 ; 2013, 578 ; 2017, 3963 )

NRS 624.215

NRS

624.215

Contracting business.

For the purpose of classification, the contracting business includes the following branches:

(a) General engineering contracting.

(b) General building contracting.

Ê General engineering contracting and general building contracting are mutually exclusive branches.

A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works, including irrigation, drainage, water supply, water power, flood control, harbors, railroads, highways, tunnels, airports and airways, sewers and sewage disposal systems, bridges, inland waterways, pipelines for transmission of petroleum and other liquid or gaseous substances, refineries, chemical plants and industrial plants requiring a specialized engineering knowledge and skill, power plants, piers and foundations and structures or work incidental thereto.
Except as otherwise provided in subsections 5 and 6, a general building contractor is a contractor whose principal contracting business is in connection with the construction or remodeling of buildings or structures for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in their construction the use of more than two unrelated building trades or crafts, upon which he or she is a prime contractor and where the construction or remodeling of a building is the primary purpose. Unless he or she holds the appropriate specialty license, a general building contractor may only contract to perform specialty contracting if he or she is a prime contractor on a project. Except as otherwise provided in subsection 4 of NRS 624.220 , a general building contractor shall not perform specialty contracting in plumbing, electrical, refrigeration and air-conditioning or fire protection without a license for the specialty. A person who is licensed pursuant to chapter 489 of NRS and who exclusively constructs or repairs mobile homes, manufactured homes or commercial coaches is not a general building contractor.
A specialty contractor is a contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.
A general engineering contractor, when acting as a prime contractor, may hire not more than one general building contractor to provide any work, materials or equipment as specified in subsection 3 on a single construction project.
A general building contractor may contract to provide management and counseling services on a construction project for a professional fee. A general building contractor who has contracted to provide management and counseling services:

(a) Must have an active license in the same classifications and subclassifications that are required to be held by the prime contractor on the project.

(b) May hire not more than one general building contractor to provide any work, materials or equipment as specified in subsection 3 on a single construction project.

A single construction project must be limited to not more than one general building contractor who provides management and counseling services for a professional fee and not more than one general building contractor who provides any work, materials or equipment as specified in subsection 3.
Except as otherwise provided in this subsection, each construction project must have one, but not more than one, prime contractor who is a licensed contractor and is responsible for the work, materials and equipment for the construction project. A construction project is not required to have a prime contractor if the work for the construction project or the person providing the work for the construction project is exempt pursuant to NRS 624.031 .
This section does not prevent the Board from establishing, broadening, limiting or otherwise effectuating classifications in a manner consistent with established custom, usage and procedure found in the building trades. The Board is specifically prohibited from establishing classifications in such a manner as to determine or limit craft jurisdictions.
As used in this section, prime contractor means:

(a) A general engineering contractor who enters into an oral or written agreement with an owner of a construction project or an agent of an owner to provide any work, materials or equipment for which the general engineering contractor is licensed;

(b) A general building contractor who enters into an oral or written agreement with an owner of a construction project or an agent of an owner to provide any work, materials or equipment for which the general building contractor is licensed;

(c) A general engineering contractor and general building contractor who enter into an oral or written agreement with an owner of a construction project or an agent of an owner to provide any work, materials or equipment for which the general engineering contractor and general building contractor are licensed; or

(d) A specialty contractor who enters into an oral or written agreement with an owner of a construction project or an agent of an owner to provide:

(1) Any work, materials or equipment for which the specialty contractor is licensed; and

(2) Any other work which is incidental and supplemental thereto.

(Added to NRS by 1967, 1594 ; A 1971, 600 ; 1983, 311 ; 1997, 212 , 2687 ;

2019, 158 , 1607 ,

1612 ;

2023, 63 )

NRS 625.040

NRS

625.040

Practice of land surveying defined.

A person who, in a private or public capacity, does or offers to do any one or more of the following practices land surveying:

(a) Locates, relocates, establishes, re-establishes or retraces any property line or boundary of any tract of land or any road, right-of-way, easement, alignment or elevation of any of the fixed works embraced within the practice of professional engineering as described in NRS 625.050 .

(b) Makes any survey for the subdivision or resubdivision of any tract of land.

(c) Determines, by the use of the principles of land surveying, the position for any monument or reference point which marks a property line, boundary or corner, or sets, resets or replaces any such monument or reference point.

(d) Determines the configuration or contour of the earths surface or the position of fixed objects thereon by measuring lines and angles and applying the principles of trigonometry.

(e) Geodetic or cadastral surveying.

(f) Municipal and topographic surveying.

(g) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in paragraphs (a) to (f), inclusive.

(h) Indicates in any manner, by the use of the title land surveyor, or by any other representation, that the person practices or offers to practice land surveying.

(i) Procures or offers to procure land-surveying work for others or for himself or herself.

(j) Manages or conducts as manager, proprietor or agent any place from which land-surveying work is solicited, performed or practiced.

A person practices land surveying if the person professes to be a land surveyor or is in a responsible charge of land-surveying work.
Making a survey exclusively for geological or landscaping purposes, or aerial photographs or photogrammetry, not involving any of the practices specified in subsection 1, does not constitute land surveying.
The practice of land surveying does not include the design, either in whole or in part, of any structure or fixed works embraced in the practice of professional engineering.

[Part 11 1/2:198:1919; added 1947, 797 ; A 1955, 391 ] + [Part 13:198:1919; added 1947, 797 ; A 1949, 639 ; 1955, 391 ]—(NRS A 1961, 312 ; 1977, 741 ; 1989, 778 ; 1991, 2237 )

NRS 660.195

NRS

660.195

Operator to adopt procedure for evaluating safety of location of automated teller before installation; exception.

The operator of an automated teller shall adopt a procedure for evaluating the safety of its location before it is installed. The procedure must include the consideration of:

(a) The extent to which the lighting for the automated teller complies with the standards required by NRS 660.205 ;

(b) The presence of landscaping, vegetation or other obstructions in the area of the automated teller, the area of access and the defined parking area; and

(c) The incidence of crimes of violence in the immediate neighborhood of the automated teller, both those included in the records of the local law enforcement agency and any others of which the operator has knowledge.

NRS 660.115 to 660.235 , inclusive, do not impose a duty to relocate or modify an automated teller installed before October 1, 1991.

(Added to NRS by 1991, 1124 )

NRS 677.760

NRS

677.760

Restriction on percentage of loans secured by stocks or bonds of any one obligor; exception.

A licensee shall not lend in the aggregate more than 10 percent of its stockholders equity upon:

(a) The security of the stock of any one corporation, which stock, except as otherwise provided in subsection 2, may not exceed 10 percent of the outstanding stock of that corporation.

(b) The security of the bonds of any one obligor except:

(1) Bonds of the United States or for the payment of which the credit of the United States is pledged;

(2) Bonds of the State of Nevada, or for the payment of which the credit of the State of Nevada is pledged; and

(3) Bonds which are general obligations of any county, city, metropolitan water district, school district or irrigation district of the State of Nevada.

The stock of a corporation upon the security of which a licensee loans money pursuant to paragraph (a) of subsection 1 may exceed 10 percent of the outstanding stock of that corporation if:

(a) The licensee has secured collateral, other than deposits with the licensee, which has a market value of not less than 115 percent of the amount loaned; or

(b) The loans are secured by deposits with the licensee and the amount of the money loaned does not exceed 90 percent of the deposits used as collateral.

(Added to NRS by 1975, 1843 ; A 1989, 1101 ; 1997, 1022 )

NRS 704.225

NRS

704.225

Regulations requiring lower rates for electricity for irrigation pumps: Interruptible service.

The Commission shall by regulation require each public utility which furnishes electricity to provide lower rates for electricity for irrigation pumps under a schedule which:

(a) Will be applied:

(1) From March 1 to October 31, inclusive; and

(2) If the customer concedes to the utility a right to interrupt services to the customers irrigation pumps under conditions established by the utility and approved by the Commission.

(b) Provides for a maximum rate for interruptible service per kilowatt-hour of electricity used. The rate must be determined by dividing the sum of the lowest charge per kilowatt-hour offered by each public utility and each cooperative association under any of its rate schedules applicable to its residential, commercial or industrial customers or members in Nevada by the total number of public utilities and cooperative associations which furnish electricity in this State. No charges may be included for minimum billings or costs relating to standby, customers or demand. A public utility or cooperative association shall provide such information as is necessary for the Commission to determine the maximum rate for interruptible service pursuant to this section.

As used in this section:

(a) Cooperative association means a cooperative association, nonprofit cooperation or association or any other provider of services described in this chapter that supplies those services for the use of its members; and

(b) Public utility includes a municipal utility as defined in NRS 702.060 .

(Added to NRS by 1981, 1152 ; A 1987, 22 ; 2007, 2867 )

NRS 704.6624

NRS

704.6624

Plan to provide incentives for water conservation: Procedure for adoption; revision; review and approval by Commission.

Each public utility which furnishes, for compensation, any water for municipal, industrial or domestic purposes shall adopt a plan to provide incentives:

(a) To encourage water conservation in its service area;

(b) To retrofit existing structures with plumbing fixtures designed to conserve the use of water; and

As part of the procedure of adopting a plan, the public utility shall provide an opportunity for any interested person to submit written views and recommendations on the plan.
The plan:

(a) Must be available for inspection by members of the public during office hours at the office of the public utility; and

(b) May be revised from time to time to reflect the changing needs and conditions of the service area. Each such revision must be filed with the Commission and made available for inspection by members of the public within 30 days after its adoption.

The Commission shall review the plan for compliance with this section within 30 days after its submission. The plan must be approved by the Commission before it is put into effect.

(Added to NRS by 1991, 523 ; A 2001, 1766 )

NRS 704.7715

NRS

704.7715

Renewable energy defined.

Renewable energy means:

(a) Biomass;

(b) Geothermal energy;

(d) Waterpower; and

(e) Wind.

The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.
As used in this section, waterpower means power derived from standing, running or falling water which is used for any plant, facility, equipment or system to generate electricity if the generating capacity of the plant, facility, equipment or system is not more than 30 megawatts. Except as otherwise provided in this subsection, the term includes, without limitation, power derived from water that has been pumped from a lower to a higher elevation if the generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts. The term does not include power:

(a) Derived from water stored in a reservoir by a dam or similar device, unless:

(1) The water is used exclusively for irrigation;

(2) The dam or similar device was in existence on January 1, 2003; and

(3) The generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts;

(b) That requires a new or increased appropriation or diversion of water for its creation; or

(1) The primary purpose of the use of the fossil fuel is not the creation of the power; and

(2) The generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts.

(Added to NRS by 2001, 3242 ; A 2019, 15 )

NRS 704.7985

NRS

704.7985

Restrictions on persons performing work on or near electric infrastructure.

Except as otherwise provided in subsections 2 and 3, a person shall not perform work on the electric infrastructure of an electric utility, including, without limitation, the construction, installation, maintenance, repair or removal of such infrastructure, unless the person is a qualified electrical worker.
An apprentice electrical lineman may perform work on the electric infrastructure of an electric utility, including, without limitation, the construction, installation, maintenance, repair or removal of such infrastructure, under the direct supervision of a qualified electrical worker.
The Commission may authorize a person who is not an employee of an electric utility to perform tree trimming related to line clearance in an easement or right-of-way dedicated or restricted for use by an electric utility. If a person who is not an employee of an electric utility performs tree trimming related to line clearance in such an easement or right-of-way, the tree trimming must be performed under the direction of an arborist certified by the International Society of Arboriculture.
As used in this section:

(a) Apprentice electrical lineman means a person employed and individually registered in a bona fide electrical lineman apprenticeship program with:

(1) The Office of Apprenticeship of the Employment and Training Administration of the United States Department of Labor or its successor agency; or

(2) The State Apprenticeship Council pursuant to chapter 610 of NRS.

(b) Electric utility has the meaning ascribed to it in NRS 704.7571 .

(1) A person who has completed an electrical lineman apprenticeship program lasting at least 4 years that was approved by the Office of Apprenticeship of the Employment and Training Administration of the United States Department of Labor or its successor agency or the State Apprenticeship Council pursuant to chapter 610 of NRS; or

(2) A person who has completed 10,000 hours or more as a journeyman lineman and has performed at least 1,500 hours of documented live-line work on electrical conductors at a voltage of at least 4,160 kilovolts.

(Added to NRS by 2019, 556 )

Transmission Infrastructure for a Clean Energy Economy Plan

NRS 704.800

NRS

704.800

Unlawful acts involving trespass or theft or damage to property: Criminal penalties.

It is unlawful for a person to obtain any water, gas, electricity, power or other service, goods or product provided by a public utility with the intent to avoid payment therefor, by:

(a) Opening, breaking into, tapping or connecting with any pipe, flume, ditch, conduit, reservoir, wire, meter or other apparatus belonging to or used by any other person or by the State, any county, city, district or municipality, and taking and removing therefrom or allowing to flow or be taken therefrom any water, gas, electricity or power belonging to another;

(b) Connecting a pipe, tube, flume, conduit, wire or other instrument or appliance with any pipe, conduit, tube, flume, wire, line, pole, lamp, meter or other apparatus belonging to or used by any water, irrigation, gas, electric or power company or corporation, or belonging to or used by any other person in such a manner as to take therefrom water, gas, electricity or power for any purpose or use without passing through the meter or instrument or other means provided for registering the quantity consumed or supplied;

(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, gas, electricity or power used or supplied; or

(d) Injuring or interfering with the efficiency of any meter, pipe, conduit, flume, wire, pole, line, lamp, fixture, hydrant or other attachment or apparatus belonging to or used by any water, irrigation, gas, electric or power company or corporation.

It is unlawful for a person, with the intent to interfere with or otherwise prevent the performance of the normal function of any infrastructure owned by a public utility and without the consent of the public utility, to:

(a) Commit any trespass upon the infrastructure; or

(b) Intentionally or recklessly deface, damage or tamper with the infrastructure.

If the value of the service involved or the property damaged or stolen is:

(a) Five hundred dollars or more, a person who violates the provisions of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130 . In addition to any other penalty, the court shall order the person to pay restitution.

(b) Less than $500, a person who violates the provisions of this section 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.

This section applies when the service involved either originates or terminates, or both originates and terminates, in this state, or when the charges for the service would have been billable in the normal course by a person providing the service in this state 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.

[1911 C&P § 467; RL § 6732; NCL § 10416] + [1911 C&P § 468; RL § 6733; NCL § 10417]—(NRS A 1967, 656 ; 1979, 1493 ; 1985, 1038 ; 1987, 1316 ; 1995, 1320 ; 2023, 2975 )

NRS 89.050

NRS

89.050

Scope of business; property and investments; professional services by officers and employees.

Except as otherwise provided in subsection 2, a professional entity may be organized only for the purpose of rendering one specific type of professional service and may not engage in any business other than rendering the professional service for which it was organized and services reasonably related thereto, except that a professional entity may own real and personal property appropriate to its business and may invest its money in any form of real property, securities or any other type of investment.
A professional entity may be organized to render a professional service relating to:

(a) Architecture, interior design, residential design, engineering and landscape architecture, or any combination thereof, and may be composed of persons:

(1) Engaged in the practice of architecture as provided in chapter 623 of NRS;

(2) Practicing as a registered interior designer as provided in chapter 623 of NRS;

(3) Engaged in the practice of residential design as provided in chapter 623 of NRS;

(4) Engaged in the practice of landscape architecture as provided in chapter 623A of NRS; and

(5) Engaged in the practice of professional engineering as provided in chapter 625 of NRS.

(b) Medicine, homeopathy, osteopathy, naprapathy, chiropractic and psychology, or any combination thereof, and may be composed of persons engaged in the practice of:

(1) Medicine as provided in chapter 630 of NRS;

(2) Homeopathic medicine as provided in chapter 630A of NRS;

(3) Osteopathic medicine as provided in chapter 633 of NRS;

(4) Chiropractic as provided in chapter 634 of NRS;

(5) Naprapathy as provided in chapter 634B of NRS; and

(6) Psychology and licensed to provide services pursuant to chapter 641 of NRS.

Ê Such a professional entity may market and manage additional professional entities which are organized to render a professional service relating to medicine, homeopathy, osteopathy, naprapathy, chiropractic and psychology.

(1) Any psychologist who is licensed to practice in this State;

(2) Any social worker who holds a masters degree in social work and who is licensed by this State as a clinical social worker;

(3) Any registered nurse who is licensed to practice professional nursing in this State and who holds a masters degree in the field of psychiatric nursing;

(4) Any marriage and family therapist who is licensed by this State pursuant to chapter 641A of NRS; and

(5) Any clinical professional counselor who is licensed by this State pursuant to chapter 641A of NRS.

Ê Such a professional entity may market and manage additional professional entities which are organized to render a professional service relating to mental health services pursuant to this paragraph.

A professional entity may render a professional service only through its officers, managers and employees who are licensed or otherwise authorized by law to render the professional service.

(Added to NRS by 1963, 866 ; A 1969, 705 ; 1985, 585 ; 1991, 323 , 1306 ;

1995, 353 , 1704 ;

1997, 206 ; 2001, 1781 ; 2003, 435 ; 2007, 2434 , 3077 ;

2017, 1303 ; 2019, 1391 ; 2023, 1686 )

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)