171.079 - Text of Compact.

171.079  Text of Compact.  The Interstate Compact for Jurisdiction on the Colorado River is as follows:

 

ARTICLE I—Purpose and Policy

 

      1.  The Legislature finds that law enforcement has been impaired in sections of the Colorado River forming an interstate boundary because of difficulty in determining precisely where a criminal act was committed.

      2.  The Legislature intends that a person committing an act which is illegal in both states not be freed merely because neither state could establish that a crime was committed within its boundaries.

      3.  The Interstate Compact for Jurisdiction on the Colorado River is enacted to provide for enforcement of the laws of this State with regard to certain acts committed on the Colorado River, or any lake formed by or a part of the Colorado River, on either side of the boundary line with an adjoining state.

 

ARTICLE II—Definitions

 

      As used in this Compact, unless the context otherwise requires, “party state” means a state which has enacted this Compact.

 

ARTICLE III—Concurrent Jurisdiction

 

      1.  If conduct is prohibited by two adjoining party states, courts and law enforcement officers in either state who have jurisdiction over criminal offenses committed in a county where the Colorado River, or any lake formed by or a part of the Colorado River, forms a common interstate boundary have concurrent jurisdiction to arrest, prosecute and try offenders for the prohibited conduct committed anywhere on the body of water forming a boundary between the two states and concurrent jurisdiction to arrest offenders for the prohibited conduct committed on any land mass within 5 air miles of the Colorado River or any lake formed by or a part of the Colorado River.

      2.  This Compact does not authorize:

      (a) Prosecution of any person for conduct which is lawful in the state where it was committed.

      (b) Any conduct prohibited by a party state.

      3.  If any claim, including a counterclaim or cross-claim, is brought in a civil action which is filed in a party state and which is:

      (a) Brought against a present or former officer or employee of another party state or an agency or political subdivision of that other party state; and

      (b) Based on any alleged act or omission that is related to his or her official duties or employment and conducted under the authority of this Compact,

Ê the claim is subject to the conditions and limitations on civil actions, including, without limitation, the provisions regarding sovereign immunity, established by the party state in which that officer or employee is or was an officer or employee.

 

ARTICLE IV—Ratification

 

      This Compact is ratified by enactment of the language of this Compact, or substantially similar language expressing the same purpose, by at least two states of which the Colorado River forms a common boundary.

      (Added to NRS by 1987, 378; A 2005, 303)