541.140 - Powers of board.
541.140 Powers of board. The board shall have power on behalf of the district:
1. To have perpetual succession.
2. To take by appropriation, grant, purchase, bequest, devise or lease, and to hold and enjoy water, waterworks, water rights and sources of water supply and any and all real and personal property of any kind within or without the district or within or without the State of Nevada necessary or convenient to the full exercise of its powers; and to sell, lease, encumber, alienate or otherwise dispose of water, waterworks, water rights and sources of supply of water for use within and without the district and within and without the State of Nevada; also, to acquire, construct, operate, control and use any and all works, facilities and means necessary or convenient to the exercise of its power, both within and without the district, and within and without the State of Nevada, and to do and perform any and all things necessary or convenient to the full exercise of the powers herein granted.
3. To have and to exercise the power of eminent domain, and, in the manner provided by law for the condemnation of private property for public use, to take any property necessary to the exercise of the powers herein granted.
4. To construct and maintain works and establish and maintain facilities across or along any public street or highway, and in, upon, or over any vacant public lands, which public lands are now, or may become, the property of the State of Nevada, and to construct works and establish and maintain facilities across any stream of water or watercourse in accordance with the laws of the State of Nevada, provided that the district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to impair completely or unnecessarily the usefulness thereof. The grant of the right to use such vacant state land shall be effective upon the filing by such district with the State Land Registrar of an application showing the boundaries, extent and locations of the lands, rights-of-way or easements desired for such purposes. If the lands, rights-of-way or easements for which application shall be made are for the construction of any aqueduct, ditch, pipeline, conduit, tunnel or other works for the conveyance of water, or for roads, or for poles or towers, and wires for the conveyance of electrical energy or for telephonic or telegraphic communication, no compensation shall be charged the district therefor, unless in the opinion of the State Land Registrar the construction of such works will render the remainder of the legal subdivision through which such works are to be constructed valueless or unsalable, in which event the district shall pay for the lands to be taken and for such portion of any legal subdivision which in the opinion of the board is rendered valueless or unsalable, at a rate not exceeding $2.50 per acre. If the lands for which application is made are for purposes other than the construction of roads or works for the conveyance of water, or electricity or telephonic or telegraphic communication, such district shall pay the State for such lands at a rate not exceeding $2.50 per acre. Upon filing such application, accompanied by a map or plat showing the location or proposed location of such works and facilities, the fee title to so much of such state lands as shall be necessary or convenient to enable such district efficiently and without interference to construct, maintain and operate its works and to establish, maintain and operate its facilities shall be conveyed to the district by patent. If an easement or right-of-way only over such lands be sought by the district, such easement or right-of-way shall be evidenced by a permit or grant executed by or on behalf of the State Land Registrar. The State Land Registrar may reserve easements and rights-of-way in the public across any lands in such patents, grants or permits described for streets, roads and highways, established according to law. Before any such patent, grant or permit shall be executed, any compensation due to the State under the provisions hereof must be paid. No fee shall be exacted from the district for any patent, permit or grant so issued or for any service rendered hereunder. In the use of streets the district shall be subject to the reasonable rules and regulations of the county, city or town where such streets lie, concerning excavation and the refilling of excavation, the re-laying of pavements and the protection of the public during periods of construction; but the district shall not be required to pay any license or permit fees, or file any bonds. The district may be required to pay reasonable inspection fees.
5. To contract with the Government of the United States or any agency thereof, the State of Nevada or any of its cities, counties or other governmental subdivisions, for the construction, preservation, operation and maintenance of tunnels, drains, pipelines, reservoirs, ditches and waterways, regulating basins, diversion canals and works, dams, power plants and all necessary works incident thereto within and without the State of Nevada, and to acquire perpetual rights to the use of water and electrical energy from such works; to sell and dispose of perpetual rights to the use of water and electrical energy from such works to persons and corporations, public and private within or without the State of Nevada.
6. To list in separate ownership the lands within the district which are susceptible of irrigation from district sources and to make an allotment of water to all such lands, which allotment of water shall not exceed the maximum amount of water that the board determines could be beneficially used on such lands; to levy assessments, as hereinafter provided, against the lands within the district to which water is allotted on the basis of the value per acre-foot of water allotted to the lands within the district; but the board may divide the district into units and fix a different value per acre-foot of water in the respective units, and, in such case, shall assess the lands within each unit upon the same basis of value per acre-foot of water allotted to lands within such unit.
7. To fix rates at which water not allotted to lands, as hereinbefore provided, shall be sold, leased or otherwise disposed of; but rates shall be equitable although not necessarily equal or uniform for like classes of service throughout the district.
8. To enter into contracts, employ and retain personal services and employ laborers; to create, establish and maintain such offices and positions as shall be necessary and convenient for the transaction of the business of the district; and to elect, appoint and employ such officers, attorneys, agents and employees therefor as shall be found by the board to be necessary and convenient.
9. To adopt plans and specifications for the works for which the district was organized, which plans and specifications may at any time be changed or modified by the board. Such plans shall include maps, profiles, and such other data and descriptions as may be necessary to set forth the location and character of the works, and a copy thereof shall be kept in the office of the district and open to public inspection.
10. To appropriate and otherwise acquire water and water rights within or without the State; to develop, store and transport water; to subscribe for, purchase and acquire stock in canal companies, water companies, and water users’ associations; to provide, sell, lease, and deliver water for municipal and domestic purposes, irrigation, power, milling, manufacturing, mining, metallurgical and any and all other beneficial uses, and to derive revenue and benefits therefrom; to fix the terms and rates therefor; and to make and adopt plans for and to acquire, construct, operate and maintain dams, reservoirs, ditches, waterways, canals, conduits, pipelines, tunnels, power plants and any and all works, facilities, improvements and property necessary or convenient therefor, and in the doing of all such things to obligate itself and execute and perform such obligations according to the tenor thereof.
11. To generate electric energy and to contract for the generation, distribution and sale of such energy.
12. To invest any surplus money in the district treasury, including such money as may be in any sinking fund established for the purpose of providing for the payment of the principal or interest of any contract, or other indebtedness, or for any other purpose, not required for the immediate necessities of the district, in treasury notes or bonds of the United States, or of this state, or of any state, county or municipal corporation. Any bonds or treasury notes thus purchased and held may, from time to time, be sold and the proceeds reinvested in bonds or treasury notes as above provided. Sales of any bonds or treasury notes thus purchased and held shall from time to time be made in season so that the proceeds may be applied to the purposes for which the money with which the bonds or treasury notes were originally purchased was placed in the treasury of the district. The functions and duties authorized by this subsection shall be performed under such rules and regulations as shall be prescribed by the board.
13. To borrow money from the State of Nevada or other sources and incur indebtedness and to pledge revenues of the district to secure the repayment of any money so borrowed.
14. To adopt bylaws not in conflict with the Constitution and laws of the State for carrying on the business, objects and affairs of the board and of the district.
15. To construct works for the drainage of lands within the district and to levy special assessments against the lands drained by such works for the repayment of the costs thereof.
[14:380:1955]—(NRS A 1959, 377; 1963, 768; 2001, 2088)