Land excluded from participation in benefits: Transfer of storage rights and benefits apportioned to other land.
1.The owner of land excluded from participation in the benefits of the district, that is, stripped of storage water and benefits under the provisions of NRS 539.700 and 539.703, may petition the board of directors to transfer to such stripped land the storage rights and benefits apportioned to other land. Upon the hearing of the petition the board of directors may at its discretion grant or refuse the transfer in whole or in part. In exercising its discretion the board of directors shall consider the effect of the proposed change on the cost of water for other holders of water rights in the district, the district’s efficiency in its delivery or use of water, the existing water rights in the affected land and the public interest.
2.The petition must:
(a)Be in writing and under oath.
(b)Describe the land and acreage from which it is proposed to transfer the storage water and benefits.
(c)Specify the amount of storage water and benefits proposed to be transferred.
(d)Describe the land and acreage to which the transfer of storage water and benefits is proposed to be made.
(e)List in detail all liens existing against each parcel of land.
3.Upon receipt of the petition, together with the sum of money required for advertising, the secretary of the board shall cause notice of the application and the date of hearing thereof to be given by posting for a period of not less than 10 days and also by two publications 7 days apart in a newspaper of general circulation in the county in which the land is situated, during such period.
4.Any person interested in the proposed transfer may file a written protest thereto at any time before the hearing day. The protest must be considered by the board of directors in exercising its discretion to grant or refuse the requested transfer.
5.The board of directors may consider the application at any regular or special meeting, but not sooner than 14 days after the first date of publication.
6.At the hearing a full record of all proceedings must be taken and spread upon the minutes. If the petition proposes to change the point of diversion or manner of use, the board of directors shall not make any order on the petition until such time as an appropriate permit is secured from the State Engineer in accordance with chapter 533 of NRS authorizing the change.
7.The petition, notices, protests, resolutions and all subsequent proceedings in relation to the application must be file marked and preserved for record purposes. If the board of directors grants all or a part of the transfer requested, a certified copy thereof must be recorded in the office of the county recorder of the county in which the land to be affected is situated, and thereafter the recorded copy must be delivered to the petitioner upon payment of the recording fees.
8.To the extent that the transfer is granted it constitutes a waiver and relinquishment on the part of the district of all restrictive covenants and provisions against the use of storage water and benefits on the land contained in any deed executed by the board of directors.
9.From and after the granting of any transfer of storage water and benefits, the land from which the water and benefits are taken must have the status of stripped land, must be excluded from participation in the benefits of the district, and must receive no further storage water or benefits unless storage water and benefits are restored to the land under the provisions of this section, and all land to which the storage water and benefits are transferred must be treated in all respects as though it had never become delinquent and had never been stripped of storage water and benefits and denied the benefits of the district.
10.Any person aggrieved by the order of the board of directors may, within 30 days after the entry of the order, petition the district court of the county in which the office of the board of directors is located to set the same aside for such order as may be proper.
Section 539.705 — Land excluded from participation in benefits: Transfer of storage rights and benefits apportioned to other land.,