244.3651 - Program to provide financial assistance to persons to connect to public water or sewer system under certain circumstances in county whose population is 100,000 or more but less than 400,000
244.3651 Program to provide financial assistance to persons to connect to public water or sewer system under certain circumstances in county whose population is 100,000 or more but less than 400,000.
1. Except as otherwise provided in this section, if a board of county commissioners of a county whose population is 100,000 or more but less than 400,000 operates a public water or sewer system, the board may:
(a) Establish by ordinance a program to provide financial assistance to persons to connect to the public water or sewer system.
(b) Accept gifts, grants and other sources of money to pay the costs to assist persons to connect to the public water or sewer system.
2. An ordinance adopted by a board of county commissioners pursuant to paragraph (a) of subsection 1 must include, without limitation, a finding of the board that the creation of a program to provide financial assistance to persons to connect to a public water or sewer system furthers a legitimate public purpose.
3. If a board of county commissioners establishes a program to provide financial assistance pursuant to subsection 1, the board:
(a) Must establish a plan for the management and protection of the groundwater in the water basin to which the program to provide financial assistance applies. Such a plan must include, without limitation, provisions for the sustainable management of municipal wells that are owned by the county in the water basin.
(b) Except as otherwise provided in subsection 4, may set forth conditions or limitations on any financial assistance provided pursuant to the program.
4. Financial assistance provided pursuant to a program established pursuant to subsection 1:
(a) May be in the form of grants, gifts or loans, or any combination thereof.
(b) May only be used to pay the necessary and actual expenses to:
(1) Disconnect from a private water or sewer system;
(2) Eliminate a private water or sewer system; and
(3) Connect to the public water or sewer system.
5. A board may not establish a program to provide financial assistance pursuant to subsection 1 unless the board finds that establishing such a program is necessary to provide the public with a safe and reliable water and sewer system.
6. The requirements of NRS 244.3655 do not apply to actions taken by a board of county commissioners pursuant to this section.
7. 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.
8. As used in this section:
(a) “Private water or sewer system” means an on-site:
(1) Domestic well, and any facility or facilities related thereto, that provides potable water; or
(2) Sewage or septic system, and any facility or facilities related thereto, that serves a residential dwelling unit for the disposal, collection, storage or treatment of sewage.
(b) “Public water or sewer system” means a facility or facilities for the collection, pumping, treatment, storage or conveyance of potable water or sewage and includes, without limitation, mains, conduits, aqueducts, pipes, pipelines, ditches, canals, pumping stations, and all appurtenances, equipment and machinery necessary or useful and convenient for obtaining, storing, transporting or transferring water or sewage.
(Added to NRS by 2009, 1428)