Nevada § 541.180 - Board may sell or lease water to municipalities upon petition; levy and collection of special assessments under class B

§ 541.180. Board may sell or lease water to municipalities upon petition; levy and collection of special assessments under class B

1. To levy and collect special assessments under class B as herein provided, the board

shall make an allotment of water to each petitioning municipality in the district

in the manner hereinafter provided, in such quantity as will in the judgment of the

board, when added to the then present supply of water of such municipality, make an

adequate supply for such municipality, and shall fix and determine the rate or rates

per acre-foot, and terms at and upon which such water shall be sold, leased or otherwise

disposed of, for use by such municipalities; but such rates shall be equitable although

not necessarily equal or uniform for like classes of services throughout the district.

If any city, city and county, or town shall desire to purchase, lease, or otherwise

obtain the beneficial use of waters of the district for domestic or irrigation purposes,

the legislative body of such municipality shall by ordinance authorize and direct

its mayor and clerk to petition the board for an allotment of water, upon terms prescribed

by the board, which petition shall contain, inter alia, the following: (a) Name of the municipality. (b) Quantity of water to be purchased or otherwise acquired. (c) Price per acre-foot to be paid. (d) Whether payments are to be in cash or annual installments. (e) Agreement by the municipality to make payments for the beneficial use of such

water together with annual maintenance and operating charges and to be bound by the

provisions of this chapter and the rules and regulations of the board. 2. The secretary of the board shall cause notice of the filing of such petition to

be given and published once each week for 2 successive weeks, in a newspaper published

in the county in which the municipality is situated, which notice shall state the

filing of such petition and give notice to all persons interested to appear at the

office of the board at a time named in the notice, and show cause, in writing, if

any they have, why the petition should not be granted. The board, at the time and place mentioned in the notice or at such time or times

at which the hearing of the petition may adjourn, shall proceed to hear the petition

and objections thereto, presented, in writing, by any person showing cause as aforesaid

why the petition should not be granted. The failure of any person interested to show cause in writing, as aforesaid, shall

be deemed and taken as an assent on his or her part to the granting of the petition.

The board may, at its discretion, accept or reject the petition; but, if it deems

it for the best interest of the district that the petition be granted, the board shall

enter an order granting the petition, and from and after such order the municipality

shall be deemed to have purchased, leased or otherwise acquired the beneficial use

of water as set forth in the order. If the petition is granted, the board shall, in each year, determine the amount of

money necessary to be raised by taxation from property within such municipality to

pay the annual installments and a fair proportionate amount of estimated operating

and maintenance charges for the next succeeding year, as provided in the order granting

the petition, and prepare a statement showing the tax rate to be applied to all property

in such municipality, which rate shall be the rate fixed by resolution of the board

modified to the extent necessary to produce from each such municipality only the amount

of money apportioned thereto in the resolution, less any amount paid or undertaken

to be paid by such municipality in cash or as credited thereto by payments from the

general funds of such municipality. Upon receipt by the board of county commissioners of each county, wherein such municipality

is located, of a certified copy of such resolution showing the tax rate to be applied

to all property in each municipality and showing the municipalities and the property

which is exempt therefrom, if any, the county officers shall levy and collect such

tax in addition to such other tax as may be levied by such board of county commissioners

at the rate so fixed and determined.