Senate Bill No. 465–Committee on Finance

 

(On Behalf of Department of Conservation and Natural Resources—Water Resources)

 

March 21, 2001

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Referred to Committee on Finance

 

SUMMARY—Makes various changes concerning adjudication emergency account. (BDR 48‑530)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Contains Appropriation not included in Executive Budget.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the adjudication emergency account; authorizing the state board of examiners to establish the maximum balance for the account; authorizing the state engineer to request an allocation from the contingency fund if the balance of the account is below the amount established by the state board of examiners; making an appropriation; 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 532.200 is hereby amended to read as follows:

1-2    532.200  1.  For the purpose of advancing and paying for stenographic

1-3  work and transcripts required by law or order of court, or for the costs,

1-4  witness fees or expenses incurred by or upon the authority of the attorney

1-5  general and the state engineer in any litigation affecting any order of

1-6  determination adjudicating the waters of any system of streams in this

1-7  state, there is hereby created the adjudication emergency account in the

1-8  state general fund. All money returned pursuant to [the provisions of

1-9  chapter 181, Statutes of Nevada 1925,] subsection 3 and NRS 533.190

1-10  until those returns total [$6,000,] an amount determined by the state board

1-11  of examiners must be deposited in this account, and thereafter the account

1-12  must be maintained for the purposes designated in this section. If the

1-13  balance in the account exceeds the amount determined by the state board

1-14  of examiners, that portion of the balance in the account which exceeds

1-15  the amount determined by the state board of examiners must be deposited

1-16  in the state general fund. If the balance in the account is below the

1-17  amount determined by the state board of examiners, the state engineer

2-1  may request an allocation from the contingency fund pursuant to NRS

2-2  353.266, 353.268 and 353.269.

2-3    2.  No part of the account may be used in the payment of attorney’s

2-4  fees.

2-5    3.  The State of Nevada shall recover all costs paid or advanced

2-6  pursuant to the provisions of this section, and the money recovered must be

2-7  placed in the account.

2-8    4.  All expenditures from the account must be paid as other claims

2-9  against the state are paid.

2-10    Sec. 2.  There is hereby appropriated from the state general fund to the

2-11  adjudication emergency account created pursuant to NRS 532.200 the sum

2-12  of $10,000 to restore the balance in the account.

2-13    Sec. 3.  This act becomes effective upon passage and approval.

 

2-14  H