Assembly Bill No. 197–Assemblymen de Braga,
Dini, Hettrick and Parnell

February 10, 1999

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Joint Sponsors: Senators McGinness, Jacobsen and Amodei

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Referred to Committee on Natural Resources, Agriculture and Mining

 

SUMMARY—Expands Carson Water Subconservancy District and increases authorized compensation for boards of directors of water conservancy districts and irrigation districts. (BDR 48-609)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to water; including a portion of Churchill County within the Carson Water Subconservancy District; including representatives of Churchill County as members of the board of directors of the Carson Water Subconservancy District; increasing the authorized compensation for members of the board of directors of a water conservancy district; increasing the authorized compensation for members of the board of directors of an irrigation district; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 539.080 is hereby amended to read as follows:

1-2 539.080 1. A member of the board of directors is entitled to receive

1-3 not more than [$50] $80 per day and actual traveling expenses for each day

1-4 spent attending meetings of the board or while engaged in official business

1-5 under the order of the board.

1-6 2. The board shall fix the compensation to be paid to the other officers

1-7 named in this chapter; but the board shall, upon the petition of a majority

1-8 of the electors within the district, submit to the electors at any general

1-9 election of the district a schedule of salaries and fees to be paid the

1-10 directors and

2-1 officers thereof. The petition must be presented to the board 20 days before

2-2 the general election. The schedule of salaries and fees must be put into

2-3 effect upon the first of the month after the election if it was approved by a

2-4 two-thirds vote.

2-5 Sec. 2. NRS 541.110 is hereby amended to read as follows:

2-6 541.110 1. Each director before entering upon his official duties

2-7 shall take and subscribe to an oath, before a person authorized to

2-8 administer oaths, that he will support the constitutions of the United States

2-9 and the State of Nevada and will honestly, faithfully and impartially

2-10 perform the duties of his office.

2-11 2. Upon taking oath, the board shall choose one of their number

2-12 chairman of the board and president of the district, and shall elect some

2-13 suitable person secretary of the board and of the district, who may or may

2-14 not be a member of the board. The board shall adopt a seal and shall keep

2-15 in a well-bound book a record of all its proceedings, minutes of all

2-16 meetings, certificates, contracts, bonds given by employees and all

2-17 corporate acts, which must be open to inspection of all owners of property

2-18 in the district, as well as to all other interested persons.

2-19 3. Each member of the board is entitled to receive as compensation for

2-20 his service such sum as [shall] may be ordered by the board, not in excess

2-21 of the sum of [$25] $80 per diem [for any meeting of the board,] and

2-22 necessary traveling expenses actually expended [while engaged in the

2-23 performance of his duties.] for each day spent attending meetings of the

2-24 board or while engaged in official business under the order of the board.

2-25 Sec. 3. Section 10 of chapter 621, Statutes of Nevada 1989, as

2-26 amended by chapter 319, Statutes of Nevada 1997, at page 1200, is hereby

2-27 amended to read as follows:

2-28 Sec. 10. 1. The Carson Water Subconservancy District [is

2-29 hereby] , as expanded to include the urban area of Carson City [.] ,

2-30 is hereby expanded to include that portion of Churchill County

2-31 within the Carson River hydrologic basin. The assets and

2-32 liabilities of the existing district become the assets and liabilities of

2-33 the newly formed district on [the effective date of this act.] July 1,

2-34 1999.

2-35 2. The Carson Water Subconservancy District shall be

2-36 deemed to have been created pursuant to chapter 541 of NRS,

2-37 with the same powers and duties, and subject to the same

2-38 limitations as a water conservancy district created pursuant to

2-39 that chapter except that the provisions of this act supersede the

2-40 provisions of chapter 541 of NRS where the provisions of that

2-41 chapter conflict with the express provisions of this act.

2-42 3. The board of directors of the Carson Water Subconservancy

2-43 District consists of [nine] 11 members to be appointed as follows:

3-1 (a) Two members who are residents of Carson City appointed

3-2 by the board of supervisors of Carson City;

3-3 (b) Two members who are residents of Lyon County appointed

3-4 by the board of county commissioners of Lyon County; [and]

3-5 (c) Five members who are residents of Douglas County, at least

3-6 two of whom must represent agricultural interests in the county,

3-7 appointed by the board of county commissioners of Douglas

3-8 County [.] ; and

3-9 (d) Two members who are residents of Churchill County

3-10 appointed by the board of county commissioners of Churchill

3-11 County.

3-12 No action may be taken by the board without the affirmative vote

3-13 of at least six members.

3-14 [3.] 4. The board of directors may levy a tax upon all taxable

3-15 property within the Carson Water Subconservancy District at a rate

3-16 of not more than 3 cents on each $100 of assessed valuation for

3-17 carrying out the activities of the district. The tax must be collected

3-18 in the manner provided in chapter 541 of NRS. The limitations in

3-19 chapter 354 of NRS upon revenue from taxes ad valorem do not

3-20 apply to revenue received from a tax levied pursuant to this

3-21 subsection.

3-22 [4.] 5. The board of directors may issue general or special

3-23 obligations to carry out the activities of the district, including,

3-24 without limitation, the acquisition of water rights and the

3-25 acquisition, construction or completion of waterworks, facilities,

3-26 flood control or drainage projects or other projects in accordance

3-27 with NRS 350.500 to 350.720, inclusive. Any general obligations

3-28 issued pursuant to this subsection must comply with the provisions

3-29 of NRS 350.020. The provisions of NRS 541.340 to 541.370,

3-30 inclusive, do not apply to obligations issued pursuant to this

3-31 subsection.

3-32 [5.] 6. The board of directors may pledge:

3-33 (a) Any money received from the proceeds of the tax imposed

3-34 pursuant to subsection [3;] 4;

3-35 (b) The gross or net revenues derived from water rights,

3-36 waterworks, facilities, flood control or drainage projects or other

3-37 projects; and

3-38 (c) The special assessments collected by the district for

3-39 maintaining and operating waterworks, facilities, flood control or

3-40 drainage projects and other projects,

3-41 for the payment of general or special obligations issued pursuant to

3-42 subsection [4.] 5. For the purposes of subsection 3 of NRS 350.020

3-43 and NRS 350.500 to 350.720, inclusive, money pledged by the

4-1 board pursuant to this subsection shall be deemed to be pledged

4-2 revenue of the project.

4-3 [6.] 7. The Carson Water Subconservancy District shall not

4-4 acquire water rights, or other property for the purpose of obtaining

4-5 the appurtenant water rights, through the exercise of the power of

4-6 eminent domain.

4-7 [7.] 8. Carson City and each county located in part or in whole

4-8 within the Carson Water Subconservancy District may establish a

4-9 special district consisting of all or any portion of the land within the

4-10 boundaries of the local government. The governing body of the

4-11 local government is ex officio the board of directors of the district.

4-12 Each special district may levy a tax upon all taxable property

4-13 within its boundaries at a rate of not more than 7 cents on each

4-14 $100 of assessed valuation. The tax must be collected in the same

4-15 manner as other taxes ad valorem collected by the local

4-16 government. The revenue from the tax must be used to allow the

4-17 district to plan, construct, maintain and operate waterworks,

4-18 facilities, flood control or drainage projects or other projects, and to

4-19 obtain water and water rights for the benefit of the district. The

4-20 limitations in chapter 354 of NRS upon revenue from taxes ad

4-21 valorem do not apply to revenue received from a tax levied

4-22 pursuant to this subsection. A district for which a tax is levied

4-23 pursuant to this subsection is not entitled to receive any distribution

4-24 of supplemental city-county relief tax. Districts established

4-25 pursuant to this subsection may enter into cooperative agreements

4-26 pursuant to chapter 277 of NRS concerning the management of the

4-27 waterworks or resources.

4-28 [8.] 9. The Carson Water Subconservancy District may, for

4-29 the payment of general or special obligations issued pursuant to

4-30 subsection [4,] 5, pledge any money received from the proceeds of

4-31 a tax imposed by a special district established pursuant to

4-32 subsection [7] 8 if:

4-33 (a) The Carson Water Subconservancy District and the special

4-34 district established pursuant to subsection [7] 8 have entered into a

4-35 cooperative agreement pursuant to chapter 277 of NRS; and

4-36 (b) The cooperative agreement authorizes the Carson Water

4-37 Subconservancy District to pledge the money received from the

4-38 proceeds of that tax.

4-39 Sec. 4. 1. As soon as practicable after July 1, 1999, the board of

4-40 county commissioners of Churchill County shall appoint its initial

4-41 members to the board of directors of the Carson Water Subconservancy

4-42 District. One member initially appointed by Churchill County shall serve

4-43 until the end of

5-1 the second calendar year next succeeding his appointment. The other

5-2 member initially appointed by Churchill County shall serve until the end of

5-3 the fourth calendar year next succeeding his appointment.

5-4 2. After their initial terms of office as set forth in subsection 1, the

5-5 members of the board of directors of the Carson Water Subconservancy

5-6 District appointed by Churchill County hold office for 4 years or until their

5-7 successors have been appointed, as required by section 11 of chapter 621,

5-8 Statutes of Nevada 1989, at page 1409.

5-9 Sec. 5. This act becomes effective on July 1, 1999.

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