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
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: 539.080 1. A member of the board of directors is entitled to receive1-3
not more than1-4
spent attending meetings of the board or while engaged in official business1-5
under the order of the board.1-6
2. The board shall fix the compensation to be paid to the other officers1-7
named in this chapter; but the board shall, upon the petition of a majority1-8
of the electors within the district, submit to the electors at any general1-9
election of the district a schedule of salaries and fees to be paid the1-10
directors and2-1
officers thereof. The petition must be presented to the board 20 days before2-2
the general election. The schedule of salaries and fees must be put into2-3
effect upon the first of the month after the election if it was approved by a2-4
two-thirds vote.2-5
Sec. 2. NRS 541.110 is hereby amended to read as follows: 541.110 1. Each director before entering upon his official duties2-7
shall take and subscribe to an oath, before a person authorized to2-8
administer oaths, that he will support the constitutions of the United States2-9
and the State of Nevada and will honestly, faithfully and impartially2-10
perform the duties of his office.2-11
2. Upon taking oath, the board shall choose one of their number2-12
chairman of the board and president of the district, and shall elect some2-13
suitable person secretary of the board and of the district, who may or may2-14
not be a member of the board. The board shall adopt a seal and shall keep2-15
in a well-bound book a record of all its proceedings, minutes of all2-16
meetings, certificates, contracts, bonds given by employees and all2-17
corporate acts, which must be open to inspection of all owners of property2-18
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 for2-20
his service such sum as2-21
of the sum of2-22
2-23
2-24
attending meetings of the board or while engaged in official business2-25
under the order of the board.2-26
Sec. 3. Section 10 of chapter 621, Statutes of Nevada 1989, as2-27
amended by chapter 319, Statutes of Nevada 1997, at page 1200, is hereby2-28
amended to read as follows:2-29
Sec. 10. 1. The Carson Water Subconservancy District2-30
2-31
is hereby expanded to include that portion of Churchill County2-32
within the Carson River hydrologic basin. The assets and2-33
liabilities of the existing district become the assets and liabilities of2-34
the newly formed district on2-35
1999.2-36
2. The Carson Water Subconservancy District shall be2-37
deemed to have been created pursuant to chapter 541 of NRS,2-38
with the same powers and duties, and subject to the same2-39
limitations as a water conservancy district created pursuant to2-40
that chapter except that the provisions of this act supersede the2-41
provisions of chapter 541 of NRS where the provisions of that2-42
chapter conflict with the express provisions of this act.3-1
3. The board of directors of the Carson Water Subconservancy3-2
District consists of3-3
(a) Two members who are residents of Carson City appointed3-4
by the board of supervisors of Carson City;3-5
(b) Two members who are residents of Lyon County appointed3-6
by the board of county commissioners of Lyon County;3-7
(c) Five members who are residents of Douglas County, at least3-8
two of whom must represent agricultural interests in the county,3-9
appointed by the board of county commissioners of Douglas3-10
County3-11
(d) Two members who are residents of Churchill County3-12
appointed by the board of county commissioners of Churchill3-13
County.3-14
No action may be taken by the board without the affirmative vote3-15
of at least six members.3-16
3-17
property within the Carson Water Subconservancy District at a rate3-18
of not more than 3 cents on each $100 of assessed valuation for3-19
carrying out the activities of the district. The tax must be collected3-20
in the manner provided in chapter 541 of NRS. The limitations in3-21
chapter 354 of NRS upon revenue from taxes ad valorem do not3-22
apply to revenue received from a tax levied pursuant to this3-23
subsection.3-24
3-25
obligations to carry out the activities of the district, including,3-26
without limitation, the acquisition of water rights and the3-27
acquisition, construction or completion of waterworks, facilities,3-28
flood control or drainage projects or other projects in accordance3-29
with NRS 350.500 to 350.720, inclusive. Any general obligations3-30
issued pursuant to this subsection must comply with the provisions3-31
of NRS 350.020. The provisions of NRS 541.340 to 541.370,3-32
inclusive, do not apply to obligations issued pursuant to this3-33
subsection.3-34
3-35
(a) Any money received from the proceeds of the tax imposed3-36
pursuant to subsection3-37
(b) The gross or net revenues derived from water rights,3-38
waterworks, facilities, flood control or drainage projects or other3-39
projects; and3-40
(c) The special assessments collected by the district for3-41
maintaining and operating waterworks, facilities, flood control or3-42
drainage projects and other projects,4-1
for the payment of general or special obligations issued pursuant to4-2
subsection4-3
and NRS 350.500 to 350.720, inclusive, money pledged by the4-4
board pursuant to this subsection shall be deemed to be pledged4-5
revenue of the project.4-6
4-7
acquire water rights, or other property for the purpose of obtaining4-8
the appurtenant water rights, through the exercise of the power of4-9
eminent domain.4-10
4-11
within the Carson Water Subconservancy District may establish a4-12
special district consisting of all or any portion of the land within the4-13
boundaries of the local government. The governing body of the4-14
local government is ex officio the board of directors of the district.4-15
Each special district may levy a tax upon all taxable property4-16
within its boundaries at a rate of not more than 7 cents on each4-17
$100 of assessed valuation. The tax must be collected in the same4-18
manner as other taxes ad valorem collected by the local4-19
government. The revenue from the tax must be used to allow the4-20
district to plan, construct, maintain and operate waterworks,4-21
facilities, flood control or drainage projects or other projects, and to4-22
obtain water and water rights for the benefit of the district. The4-23
limitations in chapter 354 of NRS upon revenue from taxes ad4-24
valorem do not apply to revenue received from a tax levied4-25
pursuant to this subsection. A district for which a tax is levied4-26
pursuant to this subsection is not entitled to receive any distribution4-27
of supplemental city-county relief tax. Districts established4-28
pursuant to this subsection may enter into cooperative agreements4-29
pursuant to chapter 277 of NRS concerning the management of the4-30
waterworks or resources.4-31
4-32
the payment of general or special obligations issued pursuant to4-33
subsection4-34
a tax imposed by a special district established pursuant to4-35
subsection4-36
(a) The Carson Water Subconservancy District and the special4-37
district established pursuant to subsection4-38
cooperative agreement pursuant to chapter 277 of NRS; and4-39
(b) The cooperative agreement authorizes the Carson Water4-40
Subconservancy District to pledge the money received from the4-41
proceeds of that tax.4-42
Sec. 4. 1. As soon as practicable after July 1, 1999, the board of4-43
county commissioners of Churchill County shall appoint its initial5-1
members to the board of directors of the Carson Water Subconservancy5-2
District. One member initially appointed by Churchill County shall serve5-3
until the end of6-1
the second calendar year next succeeding his appointment. The other6-2
member initially appointed by Churchill County shall serve until the end of6-3
the fourth calendar year next succeeding his appointment.6-4
2. After their initial terms of office as set forth in subsection 1, the6-5
members of the board of directors of the Carson Water Subconservancy6-6
District appointed by Churchill County hold office for 4 years or until their6-7
successors have been appointed, as required by section 11 of chapter 621,6-8
Statutes of Nevada 1989, at page 1409.6-9
Sec. 5. This act becomes effective on July 1, 1999.~