536.020 - Refusal to construct headgates, flumes or measuring devices: State Engineer may close ditch or open sluice gate or outlet of reservoir.
536.020 Refusal to construct headgates, flumes or measuring devices: State Engineer may close ditch or open sluice gate or outlet of reservoir.
1. If any owner or owners of irrigation works shall refuse or neglect to construct and put in such headgates, flumes or measuring devices as provided for in NRS 536.010 after 10 days’ notice, the State Engineer may close such ditch, and the same shall not be opened or any water diverted from the source of supply, under the penalties prescribed by law for the opening of headgates lawfully closed, until the requirements of the state engineer as to such headgate, flume or measuring device have been complied with.
2. If any owner or manager of a reservoir, which reservoir requires the use of a natural stream channel, shall neglect or refuse to put in such measuring device after 10 days’ notice by the state engineer, the state engineer may open the sluice gate or outlet of such reservoir and the same shall not be closed, under the penalties of the law for changing or interfering with headgates, until the requirements of the State Engineer as to such measuring device are complied with.
[Part 56:140:1913; A 1947, 518; 1943 NCL § 7941]
NRS 536.030 Installation of headgates, measuring devices or flumes by State Engineer; procedure for payment of expenses. If any person neglects or refuses to install the headgate, measuring device or flume, as required by NRS 536.010, the State Engineer may, in the discretion of the State Engineer, install the headgate, measuring device or flume, as the case may be, and in the first instance charge the actual cost thereof to the water distribution account and thereafter present an itemized statement of the charge to the board of county commissioners of the county wherein the charge and expenses were incurred. The board of county commissioners shall thereupon present a bill for the expenses to the person liable therefor under this section and NRS 536.010 and 536.020, and if that person neglects for 30 days thereafter to pay it, the bill and costs become a lien upon the lands and property of the person so liable for the payment of the bill, and must be collected as delinquent taxes against the lands and property are collected.
[Part 56:140:1913; A 1947, 518; 1943 NCL § 7941]—(NRS A 1979, 670)