[Rev. 11/22/2013 3:25:45 PM--2013]

VIRGIN VALLEY WATER DISTRICT ACT

Chapter 100, Statutes of Nevada 1993

AN ACT relating to water districts; creating the Virgin Valley Water District in Clark County, Nevada; providing for the storage, conservation, distribution and sale of water within and outside of the District; authorizing the District to purchase, acquire and construct the facilities necessary to serve water to consumers within the District; authorizing the issuance of general obligation and revenue bonds; providing the power to tax; amending the boundaries of the Las Vegas Valley Water District; and providing other matters properly relating thereto.

[Approved: May 10, 1993]

(Leadlines for sections have been supplied by the Legislative Counsel of the State of Nevada)

      Whereas, Adequate and efficient water service is vital to the economy and well-being of the residents of Virgin Valley area; and

      Whereas, Virgin Valley is remote from the county seat of Clark County, thus dictating that indispensable activities such as water service be administered by a governmental entity created for the residents of Virgin Valley; and

      Whereas, Those portions of Virgin Valley described in this act could best be served water through a single governmental entity succeeding the current purveyors, the Bunkerville Water User’s Association and the Mesquite Farmstead Water Association; now, therefore,

      (Ch. 100, Stats. 1993 p. 159; A—Ch. 266, Stats. 1995 p. 439)

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

      Section 1.  Creation; jurisdiction and service area.  There is hereby created a political subdivision of this state to be known as the “Virgin Valley Water District.” The jurisdiction and service area of the District are all that real property located in Clark County, Nevada, described as follows:

Beginning at the northeast corner of section 3, Township 13 South, Range 71 East, Mount Diablo Meridian (MDM), which is also the intersection of the common boundary line of Clark and Lincoln counties and the Nevada and Arizona state line; thence south along the Nevada and Arizona state line to the southeast corner of section 22, Township 15 South, Range 71 East, MDM, a distance of approximately 16 miles; thence westerly to the southwest corner of section 20, Township 15 South, Range 69 East, MDM, a distance of approximately 14 1/2 miles; thence northerly to the northwest corner of section 17, Township 15 South, Range 69 East, MDM, a distance of approximately 2 miles; thence easterly to the northeast corner of section 17, Township 15 South, Range 69 East, MDM, a distance of approximately 1 mile; thence northerly to the northwest corner of section 4, Township 15 South, Range 69 East, MDM, a distance of approximately 2 miles; thence westerly to the southwest corner of section 31, Township 14 South, Range 68 East, MDM, a distance of approximately 8 miles; thence northerly to the northwest corner of section 19, Township 14 South, Range 68 East, MDM, a distance of approximately 3 miles; thence easterly to the northeast corner of section 19, Township 14 South, Range 68 East, MDM, a distance of approximately 1 mile; thence northerly to the southeast corner of section 6, Township 14 South, Range 68 East, MDM, a distance of approximately 2 miles; thence westerly to the southwest corner of section 6, Township 14 South, Range 68 East, MDM, a distance of approximately 1 mile; thence northerly to the northwest corner of section 6, Township 13 South, Range 68 East, MDM, a distance of approximately 7 miles, a point located on the common boundary of Clark and Lincoln counties; thence easterly along said common county line to the northeast corner of section 3, Township 13 South, Range 71 East, MDM, a distance of approximately 21 1/2 miles, the intersection of the common boundary line of Clark and Lincoln counties and the Nevada and Arizona state line, that point being the true point of beginning.

      (Ch. 100, Stats. 1993 p. 160; A—Ch. 266, Stats. 1995 p. 440; Ch. 326, Stats. 1999 p. 1363)

      Sec. 2.  Definitions.  As used in sections 1 to 15, inclusive, of this act, unless the context otherwise requires:

      1.  “Board” means the governing board of the District.

      2.  “District” means the Virgin Valley Water District.

      3.  “Service area” means the service area of the District described in section 1 of this act.

      (Ch. 100, Stats. 1993 p. 160)

      Sec. 3.  Powers.  The District has the following powers:

      1.  To have perpetual succession.

      2.  To sue and be sued in the name of the District in all courts or tribunals of competent jurisdiction.

      3.  To adopt a seal and alter it at the District’s pleasure.

      4.  To enter into contracts, and employ and fix the compensation of staff and professional advisers.

      5.  To borrow money and incur indebtedness to the extent permitted by law.

      6.  To acquire, by purchase, grant, gift, devise, lease, construction, contract or otherwise, lands, rights-of-way, easements, privileges, water and water rights, and property of every kind, whether real or personal, to construct, maintain and operate, within or without the District, any and all works and improvements necessary or proper to carry out any of the objects or purposes of sections 1 to 15, inclusive, of this act, and to complete, extend, add to, repair or otherwise improve any works, improvements or property acquired by it as authorized by sections 1 to 15, inclusive, of this act.

      7.  To sell, lease, encumber, hypothecate or otherwise dispose of property, whether real or personal, including water and water rights, as is necessary or convenient to the full exercise of the district’s powers.

      8.  To adopt ordinances, rules, regulations and bylaws necessary for the exercise of the powers and conduct of the affairs of the Board and District.

      9.  Except as otherwise provided in this subsection, to exercise the power of eminent domain in the manner prescribed by law, within or without the service area of the District, to take any property, including, without limitation, the property specified in subsections 6 and 15, necessary or convenient for the exercise of the powers of the District or for the provision of adequate water service to the service area. The District shall not exercise the power of eminent domain to acquire the water rights or waterworks facilities of any nonprofit purveyor delivering water for domestic use whose service area is adjacent to the district without first obtaining the consent of the purveyor.

      10.  To enter upon any land, to make surveys and locate any necessary improvements, including, without limitation, lines for channels, conduits, canals, pipelines, roadways and other rights-of-way, to acquire property necessary or convenient for the construction, use, supply, maintenance, repair and improvement of such improvements, including works constructed and being constructed by private owners, lands for reservoirs for the storage of necessary water, and all necessary appurtenances, and, where necessary and for the purposes and uses set forth in this section, to acquire and hold the stock of corporations, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions or other rights.

      11.  To enter into and do any acts necessary or proper for the performance of any agreement with the United States, or any state, county or district of any kind, public or private corporation, association, firm or natural person, or any number of them, for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance, repair or operation of any rights, works or other property of a kind which may be lawfully acquired or owned by the District.

      12.  To acquire the right to store water in any reservoirs, or to carry water through any canal, ditch or conduit not owned or controlled by the District, and to grant to any owner or lessee the right to the use of any water or right to store such water in any reservoir of the District, or to carry such water through any tunnel, canal, ditch or conduit of the District.

      13.  To enter into and do any acts necessary or proper for the performance of any agreement with any district of any kind, public or private corporation, association, firm or natural person, or any number of them, for the transfer or delivery to any district, corporation, association, firm or natural person of any water right or water pumped, stored, appropriated or otherwise acquired or secured for the use of the District, or for the purpose of exchanging the water or water right for any other water, water right or water supply to be delivered to the district by the other party to the agreement.

      14.  To cooperate and act in conjunction with the State of Nevada or any of its engineers, officers, boards, commissions, departments or agencies, with the government of the United States or any of its engineers, officers, boards, commissions, departments or agencies, or with any public or private corporation, to construct any work for the development, importation or distribution of water of the District, for the protection of life or property therein, or for the conservation of its water for beneficial use within the district, or to carry out any other works, acts or purposes provided for in sections 1 to 15, inclusive, of this act, and to adopt and carry out any definite plan or system of work for any of the purposes described in sections 1 to 15, inclusive, of this act.

      15.  To store water in surface or underground reservoirs within or without the District for the common benefit of the District, to conserve and reclaim water for present and future use within the District, to appropriate and acquire water and water rights and import water into the District for any useful purpose to the District, and to commence, maintain, intervene in and compromise in the name of the District, or otherwise, and assume the costs and expenses of any action or proceeding involving or affecting:

      (a) The ownership or use of water or water rights within or without the District used or useful for any purpose of the District or of common benefit to any land situated therein;

      (b) The wasteful use of water within the District;

      (c) The interference with or diminution of water or water rights within the District;

      (d) The contamination or pollution of the surface or subsurface water used in the District or any other act that otherwise renders such water unfit for beneficial use; and

      (e) The interference with this water that may endanger or damage the residents, lands or use of water in the District.

      16.  To sell and distribute water under the control of the District, without preference, to any natural person, firm, corporation, association, district, agency or inhabitant, public or private, for use within the service area, to fix, establish and adjust rates, classes of rates, terms and conditions for the sale and use of such water, and to sell water for use outside the service area upon a finding by the Board that there is a surplus of water above that amount required to serve customers within the service area.

      17.  To cause taxes to be levied and collected for the purposes prescribed in sections 1 to 15, inclusive, of this act, including the payment of any obligation of the District during its organizational state and thereafter, and necessary engineering costs, and to assist in the operational expenses of the District, until such taxes are no longer required.

      18.  To supplement the surface and groundwater resources of Virgin Valley by the importation and use of water from other sources for industrial, irrigation, municipal and domestic uses.

      19.  To restrict the use of district water during any emergency caused by drought or other threatened or existing water shortage, and to prohibit the waste of district water at any time through the adoption of ordinances, rules or regulations and the imposition of fines for violations of those ordinances, rules and regulations.

      20.  To annex area into the District in the manner prescribed for cities in chapter 268 of NRS.

      21.  To supply water under contract or agreement, or in any other manner, to the United States or any department or agency thereof, the State of Nevada, Clark County, Nevada, and any city, town, corporation, association, partnership or natural person situated in Clark County, Nevada, and to deliver water to those users in Mohave County, Arizona, who are located in the Virgin Valley in accordance with the provisions of NRS 533.515 and 533.520, for an appropriate charge, consideration or exchange made therefor, when such supply is available or can be developed as an incident of or in connection with the primary functions and operations of the District.

      22.  To create assessment districts to extend mains, improve distribution systems and acquire presently operating private water companies and mutual water distribution systems.

      23.  To accept from the Government of the United States or any of its agencies financial assistance or participation in the form of grants-in-aid or any other form in connection with any of the functions of the District.

      24.  To assume the obligations of the Bunkerville Water User’s Association, a nonprofit corporation, in providing water service to users in the District’s service area.

      25.  To assume the obligations of the Mesquite Farmstead Water Association, a nonprofit corporation, in providing water service to users in the District’s service area and in its certificated service area in Mohave County, Arizona, pursuant to the certificate of public convenience and necessity granted to the Mesquite Farmstead Water Association by the State of Arizona.

      26.  To conduct business in Mohave County, Arizona, upon qualifying to do so pursuant to the laws of that state.

      27.  To do all acts and things reasonably implied from and necessary for the full exercise of all powers of the district granted by sections 1 to 15, inclusive, of this act.

      (Ch. 100, Stats. 1993 p. 160; A—Ch. 266, Stats. 1995 p. 440; Ch. 203, Stats. 1997 p. 560; Ch. 497, Stats. 2007 p. 2886)

      Sec. 3.3.  Delinquent bills for water or services.

      1.  Any bill for water or services furnished by the District which is delinquent for more than 60 days must be listed on a delinquent list prepared by the District. The list must identify the property to which the water was furnished in a manner which permits the owner thereof to easily identify his or her property, state the name of the property owner and list the delinquent amount. Such lists may be filed with the County Tax Collector and upon filing, the properties described therein are subject to a lien for nonpayment of the delinquent amounts. If such a list is filed, the County Tax Collector shall include the delinquent amounts on the next tax bill for the property and shall enforce collection of the amounts in the same manner and with the same penalties and rights of foreclosure which apply to the levy, collection and enforcement of property taxes. The remedy for nonpayment of bills provided in this section is in addition to any other available remedies which the District may elect to use for such nonpayment, including, without limitation, termination of service.

      2.  Upon compliance with subsection 5 and until paid, all charges delinquent for more than 60 days and filed with the County Tax Collector constitute a perpetual lien on and against the property served, and the lien is prior and superior to all liens, claims and titles other than liens of general taxes and special assessments, and not subject to extinguishment by the sale of any property on account of nonpayment of any such liens, claims and titles including the liens of general taxes and special assessments, and any such lien may be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics’ liens. Before any such lien is foreclosed the Board shall hold a hearing thereon after notice thereof by publication and by registered or certified first-class mail, postage prepaid, addressed to the last known owner at the last known address of the owner according to the records of the District and the real property assessment roll in the county in which the property is located.

      3.  The Board shall prescribe and enforce regulations for the connection with and the disconnection from properties of the facilities of the District and the taking of its services and provide for the collection of charges.

      4.  As a remedy established for the collection of due and unpaid deposits and charges and the penalties thereon an action may be brought in the name of the District in any court of competent jurisdiction against the person who occupied the property when the service was rendered or the deposit became due or against any person guaranteeing payment of bills, or against any or all of those persons, for the collection of the amount of the deposit or the collection of delinquent charges and all penalties thereon.

      5.  A lien against the property served is not effective until a notice of the lien, separately prepared for each lot affected, is:

      (a) Mailed to the last known owner at the last known address of the owner according to the records of the District and the real property assessment roll of the county in which the property is located;

      (b) Delivered by the Board to the Office of the County Recorder of the county within which the property subject to the lien is located;

      (c) Recorded by the County Recorder in a book kept by him or her to record instruments encumbering land; and

      (d) Indexed in the real estate index as deeds and other conveyances are required by law to be indexed.

      (Added—Ch. 97, Stats. 2005 p. 268)

      Sec. 4.  Governing board: Exercise of powers, duties and privileges; initial composition.

      1.  All powers, duties and privileges of the Virgin Valley Water District must be exercised and performed by the governing Board of the District.

      2.  The first board consists of the members of the governing Board of the Mesquite Farmstead Water Association sitting upon the effective date of this act. The members of the first board shall convene within 30 days after the effective date of this act to commence and continue operation of the District until the appointment and election of their successors in conjunction with the Clark County general election in 1994.

      (Ch. 100, Stats. 1993 p. 163; A—Ch. 266, Stats. 1995 p. 444)

      Sec. 5.  Governing board: Composition; election and terms of members. [Effective through December 31, 2014.]

      1.  Except as otherwise provided in section 4 of this act, the governing Board of the District consists of five members selected as follows:

      (a) One member appointed by the mayor of the City of Mesquite with the approval of the City Council of that city.

      (b) One member appointed by the governing body of the town of Bunkerville, who must reside in the geographical area of the District located south of the Virgin River. If the town of Bunkerville is annexed into the City of Mesquite, this member must be appointed pursuant to paragraph (a), subject to the residency requirement set forth in this paragraph.

      (c) Three members elected from the service area of the District, one of whom must reside in the geographical area of the District located south of the Virgin River.

      2.  Except for members of the first Board and appointed members, members of the Board must be elected at a general district election held in conjunction with the general election of Clark County in 1994 and with subsequent general elections of Clark County. The elected member who is required to reside in the geographical area of the District located south of the Virgin River and one other elected member, who must be chosen by lot, serve terms of 4 years and the remaining elected member serves a term of 2 years. The appointed members serve terms of 2 years.

      (Ch. 100, Stats. 1993 p. 163; A—Ch. 266, Stats. 1995 p. 444)

      Sec. 5.  Governing board: Composition; election and terms of members. [Effective January 1, 2015.]

      1.  The governing Board of the District consists of five members selected as follows:

      (a) Two members who must reside in and be elected by a plurality of the qualified electors of the geographical area of the District located south of the Virgin River.

      (b) Three members who must reside in and be elected by a plurality of the qualified electors of the geographical area of the District located north of the Virgin River.

      2.  Except for members of the first Board, members of the Board must be elected at a general district election held in conjunction with the general election of Clark County in 1994 and with subsequent general elections of Clark County. The members serve terms of 4 years.

      (Ch. 100, Stats. 1993 p. 163; A—Ch. 266, Stats. 1995 p. 444; Ch. 353, Stats. 2013 p. 1848, effective January 1, 2015)

      Sec. 6.  Election areas.

      1.  The Board may establish and, except as otherwise provided in subsection 2, adjust various election areas within the District. Such election areas must be established to ensure, as nearly as practicable, equal representation upon the Board for all residents of the District.

      2.  The Board:

      (a) May divide the geographical area of the District located south of the Virgin River into two or more election areas.

      (b) Shall not include that geographical area in any other election area.

      (Ch. 100, Stats. 1993 p. 164; A—Ch. 266, Stats. 1995 p. 445)

      Sec. 7.  Governing Board: Members; vacancies. [Effective through December 31, 2014.]

      1.  Except as otherwise provided in this section and sections 4 and 5 of this act, each member of the Board must:

      (a) Reside in the District for at least 6 months before his or her appointment or the election at which the member is elected;

      (b) Be a qualified elector of the District;

      (c) If the member is elected to office, be elected by a plurality of the qualified electors of the District; and

      (d) Take office upon qualification therefor as provided in subsection 3, or on the first Monday in January next following the member’s election or appointment, whichever is later, and leave office upon the first Monday in January next following the election or appointment of the member’s successor in office.

      2.  If the Board establishes various election areas within the District, each member who is elected to the Board must:

      (a) Reside in the election area represented for at least 6 months before the election at which the member is elected;

      (b) Be a qualified elector of the election area represented;

      (c) Be elected by a plurality of the qualified electors of the election area represented; and

      (d) Take office in the manner prescribed in paragraph (d) of subsection 1.

      3.  Before taking office, each member of the Board must qualify by filing with the Clerk of Clark County:

      (a) An oath of office taken and subscribed in the manner prescribed by the Clerk; and

      (b) A corporate surety bond, at the expense of the District, in an amount determined by the Clerk, but no greater than $10,000, which bond must guarantee the faithful performance of the duties of the member.

      4.  A vacancy in the office of a member who is elected to the Board must be filled by appointment of the remaining members of the Board. The person so appointed must be a resident and elector of the District, or if the Board has established various election areas, the election area represented, and, before taking office, qualify in the manner prescribed in subsection 3. The person shall serve the remainder of the term of the member whose absence required his or her appointment. If the Board fails, neglects or refuses to fill a vacancy within 30 days after a vacancy occurs, the Board of County Commissioners of Clark County shall fill the vacancy.

      5.  A vacancy in the office of a member who is appointed to the Board must be filled by appointment of the governing body who made the previous appointment. The person so appointed must be a resident and elector of the District and, before taking office, qualify in the manner prescribed in subsection 3. The person shall serve the remainder of the term of the member whose absence required his or her appointment.

      (Ch. 100, Stats. 1993 p. 164)

      Sec. 7.  Governing Board: Members; vacancies. [Effective January 1, 2015.]

      1.  Each member of the Board must:

      (a) Reside in the geographical area represented, or if the Board has established various election areas, the election area represented, for at least 6 months before the election at which the member is elected;

      (b) Be a qualified elector of the geographical area represented or the election area represented; and

      (c) Take office upon qualification therefor as provided in subsection 2, or on the first Monday in January next following the member’s election, whichever is later, and leave office upon the first Monday in January next following the election of the member’s successor in office.

      2.  Before taking office, each member of the Board must qualify by filing with the Clerk of Clark County:

      (a) An oath of office taken and subscribed in the manner prescribed by the Clerk; and

      (b) A corporate surety bond, at the expense of the District, in an amount determined by the Clerk, but no greater than $10,000, which bond must guarantee the faithful performance of the duties of the member.

      3.  A vacancy in the office of a member of the Board must be filled by appointment of the remaining members of the Board. The person so appointed must be a resident and elector of the geographical area represented, or if the Board has established various election areas, the election area represented, and, before taking office, qualify in the manner prescribed in subsection 2. The person shall serve the remainder of the term of the member whose absence required his or her appointment. If the Board fails, neglects or refuses to fill a vacancy within 30 days after a vacancy occurs, the Board of County Commissioners of Clark County shall fill the vacancy.

      (Ch. 100, Stats. 1993 p. 164; A—Ch. 353, Stats. 2013 p. 1849, effective January 1, 2015)

      Sec. 8.  District elections. [Effective through December 31, 2014.]

      1.  Unless otherwise required for purposes of an election to incur an indebtedness, the Registrar of Voters of Clark County shall conduct, supervise and, by ordinance, regulate all district elections in accordance, as nearly as practicable, with the general election laws of this state, including, but not limited to, laws relating to the time of opening and closing of polls, the manner of conducting the election, the canvassing, announcement and certification of results and the preparation and disposition of ballots.

      2.  Each candidate for election to the Board must file a declaration of candidacy with the Registrar of Voters not earlier than the first Monday in March of the year in which the election is to be held and not later than 5 p.m. on the second Friday after the first Monday in March. Timely filing of such declaration is a prerequisite to election.

      3.  If the Board establishes various election areas within the District and there are two or more seats upon the Board to be filled at the same election, each of which represents the same election area, the two candidates therefor receiving the highest number of votes, respectively, are elected.

      4.  If a member of the Board is unopposed in seeking reelection, the Board may declare that member elected without a formal election, but that member may not participate in the declaration.

      5.  If no person files candidacy for election to a particular seat upon the Board, the seat must be filled in the manner provided in subsection 4 of section 7 of this act for filling a vacancy.

      (Ch. 100, Stats. 1993 p. 165; A—Ch. 485, Stats. 2011 p. 3076)

      Sec. 8.  District elections. [Effective January 1, 2015.]

      1.  Unless otherwise required for purposes of an election to incur an indebtedness, the Registrar of Voters of Clark County shall conduct, supervise and, by ordinance, regulate all district elections in accordance, as nearly as practicable, with the general election laws of this state, including, but not limited to, laws relating to the time of opening and closing of polls, the manner of conducting the election, the canvassing, announcement and certification of results and the preparation and disposition of ballots.

      2.  Each candidate for election to the Board must file a declaration of candidacy with the Registrar of Voters not earlier than the first Monday in March of the year in which the election is to be held and not later than 5 p.m. on the second Friday after the first Monday in March. Timely filing of such declaration is a prerequisite to election.

      3.  If the Board establishes various election areas within the District and there are two or more seats upon the Board to be filled at the same election, each of which represents the same election area, the two candidates therefor receiving the highest number of votes, respectively, are elected.

      4.  If a member of the Board is unopposed in seeking reelection, the Board may declare that member elected without a formal election, but that member may not participate in the declaration.

      5.  If no person files candidacy for election to a particular seat upon the Board, the seat must be filled in the manner provided in subsection 3 of section 7 of this act for filling a vacancy.

      (Ch. 100, Stats. 1993 p. 165; A—Ch. 485, Stats. 2011 p. 3076; Ch. 353, Stats. 2013 p. 1850, effective January 1, 2015)

      Sec. 9.  Governing Board: Officers; employees; meetings; quorum; compensation.

      1.  The Board shall:

      (a) Choose one of its members to be the Chair of the Board and President of the District, and prescribe the term of that office and the powers and duties thereof.

      (b) Fix the time and place at which its regular meetings will be held and provide for the calling and conduct of special meetings.

      (c) Fix the location of the principal place of business of the District.

      (d) Elect a Secretary-Treasurer of the Board and the District, who may or may not be a member of the Board.

      (e) Appoint a General Manager who must not be a member of the Board.

      (f) Delegate and redelegate to officers of the District the power to employ necessary executives, clerical workers, engineering assistants and laborers, and retain legal, accounting or engineering services, subject to such conditions and restrictions as may be imposed by the Board.

      (g) Prescribe the powers, duties, compensation and benefits of all officers and employees of the District, and require all bonds necessary to protect the money and property of the District.

      (h) Take all actions and do all things reasonably and lawfully necessary to conduct the business of the District and achieve the purposes of this act.

      2.  A simple majority of the members of the Board constitutes a quorum. The vote of a simple majority of the quorum is required to take action.

      3.  Members of the Board are entitled to receive a salary of not more than $80 per day and reasonable per diem and travel expenses, as set by the Board, for their attendance at meetings and conduct of other district business.

      (Ch. 100, Stats. 1993 p. 166; A—Ch. 266, Stats. 1995 p. 445)

      Sec. 10.  Assets and liabilities of Bunkerville Water User’s Association.

      1.  All assets of the Bunkerville Water User’s Association, including, but not limited to, any lands, buildings, easements, water rights, water, waterworks, conduits, pipelines, reservoirs, wells, structures, facilities, intangibles, cash on hand, bank deposits, office furniture, supplies and equipment and all other real or personal property of whatever nature belonging to the association, become the property of the Virgin Valley Water District on October 12, 1994. The officers of the Bunkerville Water User’s Association, after its dissolution, have limited authority to wind up the affairs of the association and execute papers and documents necessary to accomplish the transfer of assets to the Virgin Valley Water District.

      2.  All liabilities of the Bunkerville Water User’s Association, including, but not limited to, any bonds, debentures, notes, mortgages, deeds of trust, accounts, things in action and all other liabilities of whatever nature of the association, become the liabilities of the Virgin Valley Water District on October 12, 1994.

      3.  The transfer of liabilities under this section does not in any fashion jeopardize, enhance or otherwise alter any security taken by any obligee with respect to any liability transferred.

      (Ch. 100, Stats. 1993 p. 166; A—Ch. 266, Stats. 1995 p. 446)

      Sec. 10.5.  District deemed municipality for purpose of exercising certain powers.

      1.  The District may, subject to the provisions of NRS 350.011 to 350.0165, inclusive:

      (a) Issue and retire bonds, warrants, notes and other securities, as if the District was a municipality, in accordance with and by the exercise of the powers conferred by:

             (1) Chapter 271 of NRS;

             (2) NRS 350.020 to 350.070, inclusive;

             (3) NRS 350.350 to 350.490, inclusive;

             (4) NRS 350.500 to 350.720, inclusive; and

             (5) Any other applicable law;

      (b) Provide for medium-term obligations and installment-purchase agreements in accordance with and by the exercise of the powers conferred by NRS 350.087 to 350.095, inclusive; and

      (c) Conduct any transaction described in NRS 350.800, as if the District was a municipality, in accordance with and by the exercise of the powers conferred by that section,

Ê to pay, in whole or in part, the costs of acquiring, constructing and operating any lands, easements, water rights, water, waterworks or projects, conduits, pipelines, wells, reservoirs, structures, machinery and other property or equipment useful or necessary to store, convey, supply or otherwise deal with water, and otherwise to carry out the powers set forth in section 3 of this act.

      2.  For the purposes of:

      (a) NRS 350.011 to 350.0165, inclusive, the District shall be deemed to be a municipality within the meaning of those provisions.

      (b) NRS 350.572, sections 1 to 15, inclusive, of this act do not expressly or impliedly require an election before the issuance of a security or indebtedness pursuant to NRS 350.500 to 350.720, inclusive, if the obligation is:

             (1) Payable solely from pledged revenues;

             (2) A general obligation payable from general ad valorem taxes, the payment of which obligation is additionally secured by a pledge of and lien on designated revenues;

             (3) A medium-term obligation; or

             (4) Any combination of the obligations described in subparagraphs (1), (2) and (3),

Ê but an election must be held before incurring a general obligation payable solely from general ad valorem taxes.

      (Added—Ch. 497, Stats. 2007 p. 2886)

      Sec. 11.  Levy of tax ad valorem for payment of general obligations of district.

      1.  The Board may levy and collect general ad valorem taxes on all taxable property within the District, but only for the payment of principal and interest on its general obligations. Such a levy and collection must be made in conjunction with Clark County in the manner prescribed in this section.

      2.  The Board shall determine the amount of money necessary to be raised by taxation for a particular year in addition to other sources of revenue of the District. The Board then shall fix a rate of levy which, when applied to the assessed valuation of all taxable property within the District, will produce an amount, when combined with other revenues of the District, sufficient to pay, when due, all principal of and interest on general obligations of the district and any defaults or deficiencies relating thereto.

      3.  In accordance with and in the same manner required by the law applicable to incorporated cities, the Board shall certify to the Board of County Commissioners of Clark County the rate of levy fixed pursuant to subsection 2. The Board shall instruct the County to levy a tax upon all taxable property in the District in accordance with such rate at the time and in the manner required by law for levying of taxes for county purposes.

      4.  The proper officer or authority of Clark County, upon behalf of the District, shall levy and collect the district tax specified in subsection 3. Such a tax must be collected in the same manner, including interest and penalties, as other taxes collected by the County. When collected, the tax must be paid to the district in monthly installments for deposit in the appropriate district depository.

      5.  If the taxes levied are not paid, the property subject to the tax lien must be sold and the proceeds of the sale paid to the District in accordance with the law applicable to tax sales and redemptions.

      (Ch. 100, Stats. 1993 p. 167)

      Sec. 12.  Exemption from regulation by Public Utilities Commission of Nevada.  The District is exempt from regulation by the Public Utilities Commission of Nevada.

      (Ch. 100, Stats. 1993 p. 167)

      Sec. 13.  Assets and liabilities of Mesquite Farmstead Water Association.

      1.  All assets of the Mesquite Farmstead Water Association, including, but not limited to, any lands, buildings, easements, water rights, waters, waterworks, conduits, pipelines reservoirs, wells, structures, facilities, intangibles, cash on hand, bank deposits, office furniture, supplies and equipment and all other real or personal property of whatever nature belonging to the association, become the property of the Virgin Valley Water District on the effective date of this act. The officers of the Mesquite Farmstead Water Association, after its dissolution, have limited authority to wind up the affairs of the company and execute papers and documents necessary to accomplish the transfer of assets to the Virgin Valley Water District.

      2.  All liabilities of the Mesquite Farmstead Water Association, including, but not limited to, any bonds, debentures, notes, mortgages, deeds of trust, accounts, things in action and all other liabilities of whatever nature of the association, become the liabilities of the Virgin Valley Water District on the effective date of this act. The transfer of liabilities under this subsection does not in any fashion jeopardize, enhance or otherwise alter any security taken by any obligee with respect to any liability transferred.

      (Ch. 100, Stats. 1993 p. 167)

      Sec. 14.  District eligible for certain grants.  For the purposes of NRS 349.983, the Virgin Valley Water District shall be deemed to be in operation and publicly owned on July 3, 1991.

      (Ch. 100, Stats. 1993 p. 168)

      Sec. 15.  Severability.  If any provision of sections 1 to 14, inclusive, of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity does not affect the provisions or application of sections 1 to 14, inclusive, of this act that can be given effect without the invalid provision or application, and to this end the provisions of sections 1 to 14, inclusive, of this act are declared to be severable.

      (Ch. 100, Stats. 1993 p. 168)