Nevada § 536.040 - Contribution of owners or recipients of water for proportionate share of work

§ 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.