reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 535 - Dams and Other Obstructions › NRS 535.210 - Injunctive and other relief.

1. The State Engineer may seek injunctive relief in the appropriate court to prevent the continuance or occurrence of any act or practice which violates any provision of this chapter, any permit, order or decision issued by the State Engineer pursuant to this chapter or any regulation adopted by the State Engineer pursuant to NRS 532.120.
2. On a showing by the State Engineer that a person is engaged, or is about to engage, in any act or practice which violates or will violate any provision of this chapter, any permit, order or decision issued by the State Engineer pursuant to this chapter or any regulation adopted by the State Engineer pursuant to NRS 532.120, the court may issue, without a bond, any prohibitory or mandatory injunction that the facts may warrant, including a temporary restraining order issued ex parte or, after notice and hearing, a preliminary or permanent injunction.
3. Failure to establish lack of an adequate remedy at law or irreparable harm is not a ground for denying a request for a temporary restraining order or injunction.
4. The court may require the posting of a sufficient performance bond or other security to ensure compliance with the court order within the period prescribed.
5. Any proceeding conducted or injunction or order issued pursuant to this section is in addition to, and not in lieu of, any other penalty or remedy available for a violation of this chapter.
(Added to NRS by 2007, 2021)
2023 Nevada Revised Statutes › Chapter 536 - Ditches, Canals, Flumes and Other Conduits › NRS 536.010 - Construction and maintenance of headgates, measuring devices and flumes.

1. The owner or owners of any ditch or canal shall maintain to the satisfaction of the State Engineer a substantial headgate at or near the point where the water is diverted, which shall be of such construction that it can be locked and kept closed by the water commissioner.
2. Such owners shall construct and maintain, when required by the State Engineer, suitable measuring devices at such points along such ditch as may be necessary for the purpose of assisting the water commissioner in determining the amount of water that is to be diverted into the ditch from the stream, or taken from it by the various users.
3. Every owner or manager of a reservoir located across or upon the bed of a natural stream or of a reservoir which requires the use of a natural stream channel shall be required to construct and maintain, when required by the State Engineer, a measuring device of a plan to be approved by the State Engineer, below such reservoir, and a measuring device above such reservoir, on every stream or source of supply discharging into such reservoir, for the purpose of assisting the State Engineer or water commissioners in determining the amount of water to which appropriators are entitled and thereafter diverting it for such appropriators’ use.
4. When it may be necessary for the protection of other water users, the State Engineer may require flumes to be installed along the line of any ditch.
[Part 56:140:1913; A 1947, 518; 1943 NCL § 7941]
2023 Nevada Revised Statutes › Chapter 536 - Ditches, Canals, Flumes and Other Conduits › NRS 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]
2023 Nevada Revised Statutes › Chapter 536 - Ditches, Canals, Flumes and Other Conduits › 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)
2023 Nevada Revised Statutes › Chapter 536 - Ditches, Canals, Flumes and Other Conduits › NRS 536.040 - Contribution of owners or recipients of water for proportionate share of work.

1. In all cases where a ditch is owned by two or more persons, and one or more of those persons fails or neglects to do a proportionate share of the work necessary for the maintenance and operation of the ditch, or to construct suitable headgates or other devices at the point where water is diverted from the main ditch, the owner or owners desiring the performance of the work may, after giving 10 days’ written notice to the other owner or owners who have failed to perform the proportionate share of the work necessary for the operation and maintenance of the ditch, perform the share of the work, and recover therefor from each person in default the reasonable expense of the work. In all cases where a ditch is owned, operated or maintained by an entity, the entity may perform any work necessary for the maintenance and operation of the ditch and recover from each person who, in accordance with a contract or a decreed, certified or permitted right to appropriate water, receives water through the ditch his or her proportionate share of the reasonable expense of the work. Except during an emergency, the entity shall notify each of those persons at least 30 days before incurring any expenses to perform a capital improvement that alters the fundamental character of the ditch. If the entity is a supplier of water, any expenses incurred by the supplier of water for any work performed on an irrigation ditch pursuant to this section must be billed as part of the customer rates of the supplier of water for the delivery of water service through the ditch.
2. As used in this section:
(a) "Supplier of water" has the meaning ascribed to it in NRS 445A.845.
(b) "Work" includes, without limitation, labor and any accounting, legal or other administrative service performed for the maintenance and operation of a ditch specified in subsection 1.
[79:140:1913; 1919 RL p. 3246; NCL § 7965]—(NRS A 2009, 702)
2023 Nevada Revised Statutes › Chapter 536 - Ditches, Canals, Flumes and Other Conduits › NRS 536.050 - Statement of expenses constitutes valid lien against property of defaulting co-owner or recipient of water.

Upon the failure of any co-owner or person who receives water through a ditch from an entity specified in NRS 536.040 to pay his or her proportionate share of such expense, as specified in that section, within 30 days after receiving a statement of the same as performed by his or her co-owner or co-owners or by the entity owning, operating or maintaining the ditch, each person or entity so performing the labor or other work may secure payment of the claim by filing an itemized and sworn statement thereof, setting forth the date of the performance and the nature of the labor or other work so performed, with the county clerk of the county wherein the ditch is situated, and when so filed it constitutes a valid lien against the interest of each person in default and against any property to which water is delivered through the ditch. The lien may be established and enforced in the same manner as provided by law for the enforcement of mechanics’ liens.
[80:140:1913; 1919 RL p. 3247; NCL § 7966]—(NRS A 2009, 703)
2023 Nevada Revised Statutes › Chapter 536 - Ditches, Canals, Flumes and Other Conduits › NRS 536.060 - Construction of ditch or flume: Execution and recording of certificate; commencement and completion of work.

1. Any person or persons desiring to construct and maintain a ditch or flume within any one or more of the counties of this state shall make, sign and acknowledge, before a person entitled to take acknowledgments of deeds, a certificate, specifying:
(a) The name by which the ditch or flume shall be known; and
(b) The names of the places which shall constitute the termini of such ditch or flume.
2. Such certificate shall be accompanied with a plat of the proposed ditch or flume, and shall be recorded in the office of the county recorder of the county or counties within or through which such ditch or flume is proposed to be located. The record of such certificate and plat shall give constructive notice to all persons of the matters therein contained.
3. The work of constructing such ditch or flume shall be commenced within 30 days of the time of making the certificate above mentioned, and shall be continued with all reasonable dispatch until completed.
[1:100:1866; B § 3852; BH § 362; C § 425; RL § 4710; NCL § 7997]
2023 Nevada Revised Statutes › Chapter 536 - Ditches, Canals, Flumes and Other Conduits › NRS 536.070 - Examination and survey of private land; condemnation; appeal from findings of appraiser.

1. Any person or persons proposing to construct a ditch or flume under the provisions of NRS 536.060 to 536.090, inclusive, shall have the right to enter upon private lands for the purpose of examining and surveying the same.
2. Where such lands cannot be obtained by the consent of the owner or owners thereof, so much of the same as may be necessary for the construction of the ditch or flume may be appropriated by such person or persons after making compensation therefor, as follows. Such person or persons shall select one appraiser, and the owner or owners shall select one, and the two so selected shall select a third. In case the owner or owners shall from any cause fail, for the period of 5 days, to select an appraiser as herein provided, then the appraiser selected by the person or persons proposing to construct the ditch or flume shall select a second appraiser, and the two so selected shall select a third. In either case the three selected shall, within 5 days after their selection, meet and appraise the lands sought to be appropriated, after having been first duly sworn by a person entitled to administer oaths, to make a true appraisement thereof, according to the best of their knowledge and ability.
3. If such person or persons shall tender to such owner or owners the appraised value of such land, they shall be entitled to proceed in the construction of the ditch or flume over the lands so appraised, notwithstanding such tender may be refused; but such tender shall always be kept good by such person or persons.
4. An appeal may be taken by either party from the findings of the appraisers to the district court of the county within which the lands so appraised shall be situated, at any time within 10 days after such appraisement.
[2:100:1866; A 1869, 129; B § 3853; BH § 363; C § 426; RL § 4711; NCL § 7998]
2023 Nevada Revised Statutes › Chapter 536 - Ditches, Canals, Flumes and Other Conduits › NRS 536.080 - Right of person or entity constructing, operating or maintaining ditch or flume; prior or existing claim or right not interfered with.

Each person or entity constructing, operating or maintaining a ditch or flume under the provisions of NRS 536.060 to 536.090, inclusive, has the undisturbed right and privilege of flowing water through the same, to the full extent of its capacity, for mining, milling, manufacturing, agricultural and other domestic purposes, whether for use by the person or entity or for delivery to others, and to use the same at any necessary and convenient point or points along the line thereof, but nothing contained in NRS 536.060 to 536.090, inclusive, shall be so construed as to interfere with any prior or existing claim or right.
[3:100:1866; A 1889, 96; C § 427; RL § 4712; NCL § 7999]—(NRS A 2009, 703)
2023 Nevada Revised Statutes › Chapter 536 - Ditches, Canals, Flumes and Other Conduits › NRS 536.090 - Applicability of NRS 536.060 to 536.090, inclusive.

NRS 536.060 to 536.090, inclusive, shall apply, and the rights and privileges therein conferred shall inure, to the benefit of all persons or corporations who have, prior to March 3, 1866, constructed, and now maintain, ditches, flumes or aqueducts in this state, from whatever source they may have procured water, such persons or corporations being required to make and file the certificate mentioned in NRS 536.060, and upon such filing, the person or persons filing the same shall be authorized, from time to time, to extend the ditch or flume, and proceed to condemn private property for such ditch or flume, or for any reservoir or reservoirs connected, or to be used in connection, with such ditch or flume, as provided in NRS 536.070.
[4:100:1866; B § 3855; BH § 365; C § 428; RL § 4713; NCL § 8000]
2023 Nevada Revised Statutes › Chapter 536 - Ditches, Canals, Flumes and Other Conduits › NRS 536.100 - Examination and survey of private land; appropriation of land.

1. Any person or persons who have constructed or who may construct any ditch or flume for the purpose of diverting the water of any river or stream in and on to their lands for the purpose of irrigating and cultivating the same, or who own or control or may own and control any such ditch or flume, and who have no natural or artificial ditch or way for conveying off any or all surplus water from such lands shall have the right to enter upon private lands for the purpose of examining and surveying the same for the purpose of constructing and maintaining a waste ditch and the necessary flumes connected therewith.
2. When such lands cannot be obtained by the consent of the owner or owners thereof, so much of the same as may be necessary for the construction of the waste ditch and flumes may be appropriated therefor in the same manner as is provided for the appropriation of lands of others in NRS 536.060 to 536.090, inclusive.
[1:80:1887; C § 429; RL § 4714; NCL § 8001]
2023 Nevada Revised Statutes › Chapter 536 - Ditches, Canals, Flumes and Other Conduits › NRS 536.105 - Chapter does not authorize use of state land without authorization from State Land Registrar.

Nothing in this chapter authorizes a person to use any state land administered by the Division of State Lands of the State Department of Conservation and Natural Resources without the appropriate authorization for such a use from the State Land Registrar.
(Added to NRS by 1993, 1460)
2023 Nevada Revised Statutes › Chapter 536 - Ditches, Canals, Flumes and Other Conduits › NRS 536.115 - Investigation of complaint of unlawful removal, damage or destruction of ditch by State Engineer; reports concerning investigation.

1. In a county whose population is less than 100,000, the State Engineer shall, upon request of the owner of a ditch or a local governmental entity in whose jurisdiction a ditch is located, investigate a complaint involving a possible violation of the provisions of NRS 536.120 which involves the ditch if the ditch is located:
(a) Within the boundaries of an adjudicated stream system for which the State Engineer has appointed an engineer to work in a supervisory capacity pursuant to NRS 533.275; and
(b) Outside the boundaries of an irrigation district organized pursuant to chapter 539 of NRS.
2. For any complaint investigated pursuant to subsection 1, the State Engineer shall:
(a) Prepare a report concerning the investigation, including, without limitation, the condition of the ditch; and
(b) Make the report available to the person or local governmental entity that requested the investigation.
3. A person or local governmental entity that obtains a report pursuant to subsection 2 may submit a copy of the report with any report of a violation of the provisions of NRS 536.120 that is reported to a law enforcement agency.
(Added to NRS by 2003, 973)
2023 Nevada Revised Statutes › Chapter 536 - Ditches, Canals, Flumes and Other Conduits › NRS 536.120 - Penalty.

Every person who shall willfully and maliciously remove, damage or destroy a ditch or flume lawfully erected for carrying water or draining land shall be guilty of a misdemeanor.
[Part 1911 C&P § 487; RL § 6752; NCL § 10434]
2023 Nevada Revised Statutes › Chapter 536 - Ditches, Canals, Flumes and Other Conduits › NRS 536.200 - Penalties for violation of chapter, order or regulation.

1. In addition to any other penalty provided by law, the State Engineer may, after notice and opportunity for a hearing, require a person who violates any provision of this chapter, any order or decision issued by the State Engineer pursuant to this chapter or any regulation adopted by the State Engineer pursuant to NRS 532.120 to pay an administrative fine not to exceed $10,000 per day for each violation as determined by the State Engineer.
2. If an administrative fine is imposed against a person pursuant to subsection 1, the State Engineer may require the person to pay the costs of the proceeding, including investigative costs and attorney’s fees.
3. An order imposing an administrative fine or requiring the payment of costs or fees pursuant to this section may be reviewed by a district court pursuant to NRS 533.450.
(Added to NRS by 2007, 2022)
2023 Nevada Revised Statutes › Chapter 536 - Ditches, Canals, Flumes and Other Conduits › NRS 536.210 - Injunctive and other relief.

1. The State Engineer may seek injunctive relief in the appropriate court to prevent the continuance or occurrence of any act or practice which violates any provision of this chapter, any order or decision issued by the State Engineer pursuant to this chapter or any regulation adopted by the State Engineer pursuant to NRS 532.120.
2. On a showing by the State Engineer that a person is engaged, or is about to engage, in any act or practice which violates or will violate any provision of this chapter, any order or decision issued by the State Engineer pursuant to this chapter or any regulation adopted by the State Engineer pursuant to NRS 532.120, the court may issue, without a bond, any prohibitory or mandatory injunction that the facts may warrant, including a temporary restraining order issued ex parte or, after notice and hearing, a preliminary or permanent injunction.
3. Failure to establish lack of an adequate remedy at law or irreparable harm is not a ground for denying a request for a temporary restraining order or injunction.
4. The court may require the posting of a sufficient performance bond or other security to ensure compliance with the court order within the period prescribed.
5. Any proceeding conducted or injunction or order issued pursuant to this section is in addition to, and not in lieu of, any other penalty or remedy available for a violation of this chapter.
(Added to NRS by 2007, 2022)
2023 Nevada Revised Statutes › Chapter 537 - Navigable Waters › NRS 537.010 - Colorado River declared navigable; title to lands below high-water mark held by State.

All of the Colorado River within the State of Nevada, from the Arizona line on the north to the California line on the south, is hereby declared to be a navigable stream for purposes of fixing ownership of the banks and bed thereof, and title to the lands below the high-water mark thereof is held by the State of Nevada, insofar as they lie within the State.
[1:97:1921; NCL § 1425]
2023 Nevada Revised Statutes › Chapter 537 - Navigable Waters › NRS 537.020 - Virgin River declared navigable; title to lands below high-water mark held by State.

All of the Virgin River, including its sources confluent above St. Thomas, insofar as the waters thereof traverse the State of Nevada, particularly within the counties of Lincoln and Clark, is hereby declared to be a navigable stream for purposes of fixing ownership of the banks and bed thereof, and title to the lands below the high-water mark thereof is held by the State of Nevada.
[1:96:1921; NCL § 7810]
2023 Nevada Revised Statutes › Chapter 537 - Navigable Waters › NRS 537.030 - Winnemucca Lake declared navigable; title to bed held by State.

Winnemucca Lake, located in Townships 24, 25, 26, 27 and 28 North, Ranges 23 and 24 East, Mount Diablo Meridian, Nevada, is a navigable body of water and title to the bed thereof is held by the State of Nevada.
[1:51:1921; NCL § 8345]
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.010 - Colorado River Compact: Ratification by Nevada; waiver of provisions of first paragraph of Article XI.

1. The provisions of the first paragraph of Article XI of the Colorado River Compact, making the Compact effective when it shall have been approved by the legislature of each of the signatory states, are hereby waived and the Compact shall become binding and obligatory upon the State of Nevada and upon the other signatory states which have ratified or may ratify it after March 18, 1925, whenever at least six of the signatory states shall have consented thereto and the Congress of the United States shall have given its consent and approval.
2. This section shall be of no force or effect until this or a similar resolution shall have been passed or adopted by the legislatures of the States of California, Colorado, Nevada, New Mexico, Utah and Wyoming.
3. Certified copies of this section shall be prepared by the Secretary of State and forwarded by the Governor of the State of Nevada to the President of the United States, the Secretary of State of the United States, and the Governors of the States of Arizona, California, Colorado, New Mexico, Utah and Wyoming.
[1:96:1925; NCL § 1440] + [2:96:1925; NCL § 1441]
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.030 - Disposition of receipts paid Nevada under Boulder Canyon Project Adjustment Act.

If and when the Boulder Canyon Project Adjustment Act becomes effective, and whenever and as often as any payments are made to the State Treasurer of the State of Nevada, the State Treasurer shall accept the same and such payments shall be placed by the State Treasurer in the General Fund of the State of Nevada.
[1:141:1941; A 1943, 7; 1943 NCL § 853]
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.041 - Definitions.

As used in NRS 538.041 to 538.251, inclusive, unless the context otherwise requires:
1. "Colorado River" means the Colorado River and all of the tributaries of the river.
2. "Commission" means the Colorado River Commission of Nevada.
3. "Commissioner" means a commissioner of the Colorado River Commission of Nevada.
4. "Executive Director" means the Executive Director of the Colorado River Commission of Nevada.
5. "Southern Nevada Water Authority" means the political subdivision of the State of Nevada created on July 25, 1991, by a cooperative agreement entered into on that date pursuant to the provisions of NRS 277.080 to 277.180, inclusive.
6. "Supplemental water" means water from any source which, if acquired, would allow water to be used consumptively from the mainstream of the Colorado River in excess of Nevada’s apportionment pursuant to the Boulder Canyon Project Act of 1928. The term does not include water from:
(a) Lake Tahoe;
(b) The Truckee, Carson or Walker River;
(c) Any groundwater within the State of Nevada, other than groundwater within Clark County; or
(d) Any surface water within the State of Nevada or that flows into the State of Nevada, other than the waters of the Colorado River,
unless the State Engineer authorizes the transfer of that water to the Colorado River pursuant to the provisions of this chapter or chapter 532, 533 or 534 of NRS.
7. "Water purveyor" means a public entity created by or pursuant to the laws of this State which:
(a) Is engaged in:
(1) The acquisition of water on behalf of, or the delivery of water to, another water purveyor; or
(2) The retail delivery of water in this State; and
(b) Is not a member of another such public entity that is itself engaged in the activities described in paragraph (a).
(NRS A 1973, 1604; 1975, 43; 1977, 1172; 1981, 1435; 1983, 1588; 1995, 970, 2239; 2001, 2440)
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.051 - Creation; number and appointment of members.

The Colorado River Commission of Nevada, consisting of seven members, is hereby created. Four members must be appointed by the Governor. Three members must be appointed by the Board of Directors of the Southern Nevada Water Authority. The Governor shall designate one of his or her appointees to serve as Chair of the Commission.
[Part 1:71:1935; 1931 NCL § 1443.01]—(NRS A 1963, 982; 1967, 679; 1973, 1604; 1977, 1237; 1981, 1435; 1993, 1107; 2001, 2441)
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.061 - Qualifications of commissioners.

1. The members appointed by the Governor must be residents of this state. The members appointed by the Southern Nevada Water Authority must be persons who serve on the Board of Directors of the Authority. When a person so appointed ceases to be a member of the Board of Directors, the remaining members of the Board of Directors shall fill the vacancy by appointment from among its membership.
2. All members must have a general knowledge of:
(a) The development of the Colorado River and its tributaries within this state; and
(b) The rights of this state concerning the resources and benefits of the Colorado River.
[Part 1:71:1935; 1931 NCL § 1443.01] + [2:71:1935; 1931 NCL § 1443.02]—(NRS A 1965, 403; 1967, 680; 1973, 1604; 1977, 1237; 1981, 1375, 1436; 1993, 1108)
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.081 - Removal of commissioner.

The appointing authority may at any time remove any commissioner for neglect of duty or malfeasance in office.
[Part 1:71:1935; 1931 NCL § 1443.01] + [3:71:1935; 1931 NCL § 1443.03]—(NRS A 1977, 1237; 1993, 1108)
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.101 - Compensation of commissioners and employees; industrial insurance.

1. While engaged in official business of the Commission, each commissioner appointed by the Governor is entitled to receive a salary of not more than $80 per day, as fixed by the Commission.
2. While engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
3. The Executive Director or an employee of the Commission designated by the Executive Director shall certify all bills and claims for compensation, per diem expense allowances and travel expenses of the commissioners, and shall submit them for payment in the same manner as all other state claims. The bills and claims must be paid from the Colorado River Commission Fund or any other fund administered by the Commission and designated to be used for those expenses by the Executive Director.
4. The Commission shall provide its members who are appointed by the Governor with industrial insurance through a private carrier authorized to provide industrial insurance in this state and shall budget and pay for the premiums for that insurance.
[4:71:1935; A 1951, 235] + [Part 5:71:1935; A 1951, 235]—(NRS A 1961, 415; 1963, 742; 1965, 403; 1967, 680; 1973, 1605; 1975, 299; 1981, 1436, 1538; 1983, 1518; 1985, 435; 1989, 1718; 1993, 1108; 1995, 2047; 1999, 1827; 2001, 2441)
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.111 - Selection of Vice Chair; Executive Director to provide secretarial service.

At the first meeting of the Commission in each calendar year, the Commission shall select the Vice Chair for the ensuing calendar year. The Executive Director shall provide necessary secretarial service for the Commission.
[Part 1:71:1935; 1931 NCL § 1443.01] + [Part 5:71:1935; A 1951, 235]—(NRS A 1963, 982; 1965, 404; 1967, 680, 986, 1502; 1971, 1441; 1973, 1605; 1981, 1437; 1993, 1108; 2001, 2441)
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.121 - Principal place of business.

The principal place of business of the Commission must be in Clark County, as particularly determined by the Executive Director.
[Part 6:71:1935; A 1951, 235]—(NRS A 1973, 1605; 1981, 1437; 2001, 2441)
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.131 - Meetings; notice; quorum.

1. The commissioners shall meet at such times and in such places as are designated by the Chair, but a majority of the commissioners may call a meeting of the Commission at any time and place designated by them in a written notice thereof given all commissioners as provided in this subsection. Except in cases of an emergency, written notice of all meetings must be given to each commissioner by the Executive Director at least 3 working days before each meeting. Every notice must include information concerning the time, location and agenda for the meeting. A meeting of the Commission must be held at least quarterly.
2. A majority of the commissioners constitutes a quorum for the transaction of business.
3. As used in this section, "emergency" means any unforeseen circumstance which requires immediate action by the Commission and includes:
(a) Any disaster caused by a fire, flood, earthquake or other natural cause; or
(b) Any circumstance which impairs the health and safety of the public.
[Part 1:71:1935; 1931 NCL § 1443.01] + [Part 6:71:1935; A 1951, 235]—(NRS A 1973, 1605; 1981, 1437; 1983, 1518; 2001, 2441)
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.133 - Executive Director: Appointment; classification; restrictions on other employment.

1. The Commission shall appoint an Executive Director.
2. The Executive Director:
(a) Is in the unclassified service of the State;
(b) Serves at the pleasure of the Commission; and
(c) Shall devote his or her entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.
(Added to NRS by 1981, 1435; A 1985, 435; 1997, 620; 2001, 2442)
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.135 - Executive Director: Duties.

The Executive Director:
1. Is responsible for administering and carrying out the policies of the Commission.
2. Shall direct and supervise all the technical and administrative activities of the Commission.
3. Shall report to the Commission all relevant and important matters concerning the administration of the office. The Executive Director is subject to the supervision of the Commission and is responsible, unless otherwise provided by law, for the conduct of the administrative function of the Commission’s office.
4. Shall perform any lawful act which he or she considers necessary or desirable to carry out the purposes and provisions of NRS 538.010 to 538.251, inclusive, and any other provisions of law relating to the powers and duties of the Commission.
(Added to NRS by 1981, 1435; A 1997, 2983; 2001, 2442; 2007, 2006)
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.137 - Deputy Executive Director: Appointment; duties; classification; restrictions on other employment.

1. The Executive Director shall appoint a Deputy Executive Director and shall designate the duties of the Deputy Executive Director.
2. The Deputy Executive Director of the Commission:
(a) Is in the unclassified service of the State; and
(b) Shall devote his or her entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.
(Added to NRS by 1981, 1435; A 1985, 435; 1997, 620; 2001, 2442)
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.141 - Assistants and employees: Employment by Executive Director; duties.

The Executive Director shall, within the limits of available money, employ such assistants and employees as may be necessary to carry out the functions and duties of the Executive Director. The assistants and employees have such duties as may be prescribed by the Executive Director.
[Part 9:71:1935; A 1951, 235]—(NRS A 1967, 986; 1973, 1605; 1975, 43; 1981, 1437; 1985, 436; 2001, 2442)
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.151 - Legal services to Commission: Duties of Attorney General and deputy attorney generals.

The Attorney General is the attorney for the Commission. The Attorney General shall designate one or more deputy attorney generals to conduct actions, proceedings and hearings for the Commission. A deputy so designated shall:
1. Advise the Commission on all matters relating to the Commission.
2. Maintain an office in Clark County, Nevada.
[Part 9:71:1935; A 1951, 235]—(NRS A 1963, 742; 1973, 1606; 1979, 275; 1981, 1283, 1437; 1983, 748)
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.166 - General powers; prerequisites to actions regarding certain sources of supplemental water.

1. The Commission may:
(a) Acquire and perfect any interest in supplemental water.
(b) Develop, store, transport, transfer, exchange, use and treat supplemental water.
(c) Acquire an interest in, finance, construct, reconstruct, operate, maintain, repair and dispose of any facility for water or power, including, without limitation, a facility for the storage or conveyance of water and a facility for the generation or transmission of electricity.
(d) Obtain any license, permit, grant, loan or aid from any agency of the United States, the State of Nevada or any other public or private entity.
(e) In accordance with the provisions of the State Securities Law:
(1) Borrow money and otherwise become obligated in a total principal amount which is approved by the Legislature or the Interim Finance Committee.
(2) Issue:
(I) General obligation securities payable from taxes and additionally secured with net pledged revenues;
(II) Securities constituting special obligations payable from net pledged revenues; or
(III) Any combination of those securities.
The Legislature finds and declares that the issuance of securities and other incurrence of indebtedness pursuant to this subsection are for the protection and preservation of the natural resources of this state and obtaining the benefits thereof, and constitute an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada. The powers conferred by this subsection are in addition to and supplemental to the powers conferred by any other law.
(f) Perform all other lawful acts it considers necessary or desirable to carry out the purposes and provisions of any law relating to the powers, functions and duties of the Commission.
2. The Commission shall comply with the provisions of this chapter and chapters 532, 533 and 534 of NRS before taking any action pursuant to subsection 1 which relates in any way to supplemental water if the source of the supplemental water is located within the State of Nevada and is not the Colorado River.
(Added to NRS by 1995, 967; A 2001, 2086)
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.171 - Protection of water, water rights and rights to power; appropriation and use of water; certain uses of water from Muddy River or Virgin River.

1. The Commission shall receive, protect and safeguard and hold in trust for the State of Nevada all water and water rights, and all other rights, interests or benefits in and to the waters described in NRS 538.041 to 538.251, inclusive, and to the power generated thereon, held by or which may accrue to the State of Nevada under and by virtue of any Act of the Congress of the United States or any agreements, compacts or treaties to which the State of Nevada may become a party, or otherwise.
2. Except as otherwise provided in this subsection, applications for the original appropriation of such waters, or to change the holder of the entitlement to appropriate water, place of diversion, manner of use or place of use of water covered by the original appropriation, must be made to the Commission in accordance with the regulations of the Commission. In considering such an application, the Commission shall use the criteria set forth in NRS 533.370. The Commission’s action on the application constitutes the recommendation of the State of Nevada to the United States for the purposes of any federal action on the matter required by law. The provisions of this subsection do not apply to supplemental water.
3. The Commission shall furnish to the State Engineer a copy of all agreements entered into by the Commission concerning the original appropriation and use of such waters. It shall also furnish to the State Engineer any other information it possesses relating to the use of water from the Colorado River which the State Engineer deems necessary to allow the State Engineer to act on applications for permits for the subsequent appropriation of these waters after they fall within the State Engineer’s jurisdiction.
4. Notwithstanding any provision of chapter 533 of NRS, any original appropriation and use of the waters described in subsection 1 by the Commission or by any entity to whom or with whom the Commission has contracted the water is not subject to regulation by the State Engineer.
5. Any use of water from the Muddy River or the Virgin River for the creation of any developed shortage supply or intentionally created surplus does not require the submission of an application to the State Engineer to change the place of diversion, manner of use or place of use. As used in this subsection:
(a) "Developed shortage supply" has the meaning ascribed to it in NRS 533.030.
(b) "Intentionally created surplus" has the meaning ascribed to it in NRS 533.030.
[Part 7:71:1935; A 1943, 209; 1947, 738; 1943 NCL § 1443.07]—(NRS A 1959, 555; 1965, 405; 1973, 1607; 1981, 211, 1438; 1983, 1519; 1991, 297; 1995, 972; 2003, 2984; 2005, 2565; 2009, 649; 2011, 763; 2023, 1281)
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.186 - Entry into and consultations relating to certain agreements regarding supplemental water.

1. Notwithstanding the provisions of any other law, the Commission or any other public entity created by or pursuant to the laws of this state may enter into:
(a) An agreement to acquire any interest in supplemental water or to forbear the use of that supplemental water; or
(b) An agreement ancillary to an agreement described in paragraph (a),
only as provided in this section.
2. The Commission shall, as early as practicable and on a continuing basis, inform any water purveyor which has or can develop the ability to divert supplemental water from the Colorado River of its communications with any person or entity, which the Commission believes is credible and responsible, concerning a specific opportunity to negotiate and enter into an agreement described in subsection 1.
3. Any water purveyor which has or can develop the ability to divert supplemental water from the Colorado River shall, as early as practicable and on a continuing basis, inform the Commission of its communications with any person or entity, which the water purveyor believes is credible and responsible, concerning a specific opportunity to negotiate and enter into an agreement described in subsection 1.
4. If a water purveyor which has or can develop the ability to divert supplemental water from the Colorado River notifies the Commission in writing that it wishes to explore a specific opportunity to negotiate and enter into an agreement described in subsection 1, all investigations, consultations and negotiations relating to such an agreement must be conducted by the Commission and the water purveyor, as nearly as may be, as a joint undertaking. The Commission and the water purveyor may enter into an agreement governing the joint undertaking.
5. Notwithstanding any other law:
(a) A public entity described in subsection 1 shall not enter into any agreement described in that subsection unless the Commission is a party to that agreement.
(b) The Commission shall not enter into any agreement described in subsection 1, if a water purveyor will be expected to provide money necessary for the Commission to perform any financial obligation or other obligation pursuant to the provisions of the agreement, unless that water purveyor is a party to the agreement.
(Added to NRS by 1995, 967)
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.191 - Colorado River Commission Fund; Colorado River Research and Development Account.

1. Except as otherwise provided in the covenants of bonds issued by the State of Nevada and as provided in subsection 2, all revenues derived from the sale, lease or use of water or power which become due to the State of Nevada pursuant to any lease, contract or sale, or otherwise, of water or power obtained from the Colorado River power and water system, and from other sources, must be deposited with the State Treasurer for credit to the Colorado River Commission Fund which is hereby created as a special revenue fund. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.
2. There is hereby created the Colorado River Research and Development Account in the Colorado River Commission Fund for the purpose of defraying the costs of engineering studies, analysis, negotiation and such other efforts as are, in the opinion of the Commission, necessary and proper for the protection of the interests of this state in the development and acquisition of sources of water and power along and related to the Colorado River and elsewhere. The charge for water and power included in any lease or contract executed after April 18, 1963, between the Commission and water or power users must be sufficient in amount to maintain the Colorado River Research and Development Account in addition to defraying the cost to the Commission of water and power delivered. When collected, these additional revenues must be deposited with the State Treasurer for credit to the Account. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
3. Money in the Fund and Account provided for in this section must be paid out on claims as other claims against the State are paid, after the claims have been approved by the Commission.
[Part 7:71:1935; A 1943, 209; 1947, 738; 1943 NCL § 1443.07]—(NRS A 1963, 743; 1973, 1608; 1981, 264, 1440; 1983, 1519, 1588; 1991, 1786)
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.196 - Interest and income on money in special revenue fund, fund for construction of capital projects, trust fund, enterprise fund or agency fund.

The interest and income earned on any money in a special revenue fund, fund for the construction of capital projects, trust fund, enterprise fund or agency fund for which the Commission is responsible, after deducting any applicable charges, must be credited to the respective fund.
(Added to NRS by 1983, 1588)
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.201 - Regulations.

The Commission may adopt such regulations as are necessary to carry out the purposes of NRS 538.041 to 538.251, inclusive.
[Part 7:71:1935; A 1943, 209; 1947, 738; 1943 NCL § 1443.07]—(NRS A 1963, 744; 1973, 1608; 1975, 44; 1981, 1440; 1989, 928)
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.206 - Issuance of general obligations: Consultation with State Treasurer; representation of State before bond credit rating agencies; professional services.

Before issuing any general obligation which the Commission is authorized by law to issue on behalf and in the name of the State of Nevada, the Commission shall consult the State Treasurer. The Chair of the Commission and the State Treasurer, jointly:
1. Shall represent the State of Nevada in matters concerning any nationally recognized bond credit rating agency for the purposes of the issuance of any such obligation.
2. May employ any necessary legal, financial or other professional services in connection with the authorization, sale or issuance of any such obligation.
(Added to NRS by 1995, 2239; A 1999, 73)
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.211 - Faith and credit of State pledged.

If the State of Nevada must purchase or otherwise acquire property, or compensate for damage to property, for use in the transmission and distribution of water or electrical power, the faith and credit of the State of Nevada hereby is irrevocably pledged for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of the State, in any contract entered into before, on or after July 1, 1981, pursuant to NRS 538.161 and 538.186.
[7A:71:1935; added 1947, 444; A 1951, 235]—(NRS A 1957, 66; 1963, 744; 1964, 5; 1965, 406; 1973, 1608; 1975, 44; 1981, 914, 1440; 1995, 974; 2001, 2442)
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.221 - Hearings; witnesses; testimony.

The Commission may:
1. Hold hearings.
2. Receive and hear objections filed to the granting of contracts after advertisement.
3. Require the attendance of witnesses.
4. Take testimony whenever it deems it necessary to carry out the provisions of NRS 538.041 to 538.251, inclusive.
[10:71:1935; 1931 NCL § 1443.10]—(NRS A 1973, 1609; 1975, 45; 1981, 88, 1441)
2023 Nevada Revised Statutes › Chapter 538 - Interstate Waters, Compacts and Commissions › NRS 538.231 - Application and disbursement of revenues.

Revenues received from the sale of power or water or otherwise must be applied and disbursed by the Commission in the following order:
1. To the payment to the Federal Government of the cost of electrical energy and the generation and delivery thereof in accordance with bills rendered by the United States.
2. To the payment to other entities of the cost of water and the cost of electrical energy and the generation thereof or the cost of water or the cost of electrical energy and the generation thereof in accordance with bills rendered by those entities.
3. To the payment of compensation and expenses of the Commission and all other obligations incurred through performance by the Commission of the duties designated in NRS 538.041 to 538.251, inclusive.
4. To the repayment to the State of Nevada of any money advanced or appropriated to the Commission if the advancement or appropriation requires repayment to the State, the repayment to be placed in the State General Fund.
[11:71:1935; A 1943, 209; 1947, 738; 1943 NCL § 1443.11]—(NRS A 1963, 744; 1965, 407; 1973, 1610; 1975, 45; 1981, 1442; 1983, 1520; 1995, 975)