1.  The board may, in its discretion, at any time file a petition in the court, praying a judicial examination and determination of the validity of the proceedings for the formation of any water conservancy district or subdistrict thereof purported to be formed under the provisions of this chapter or any amendment thereof or of any power conferred hereby or by any amendment hereto or of any tax or assessment levied or of any act, proceeding or contract of any such district or subdistrict, whether or not the contract shall have been executed, including proposed contracts for the acquisition, construction, maintenance or operation of works for such district or subdistrict.

Terms Used In Nevada Revised Statutes 541.380

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Board: means the board of directors of the district. See Nevada Revised Statutes 541.020
  • Contract: A legal written agreement that becomes binding when signed.
  • county: includes Carson City. See Nevada Revised Statutes 0.033
  • Court: means the district court of that judicial district of the State of Nevada wherein the petition for the organization of a water conservancy district must be filed. See Nevada Revised Statutes 541.020
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
  • Property: means real estate and personal property. See Nevada Revised Statutes 541.020
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Works: means drains, channels, trenches, watercourses and other surface and subsurface conduits to effect drainage, dams, storage reservoirs, compensatory and replacement reservoirs, canals, conduits, pipelines, drains, tunnels, power plants and any and all works, facilities, improvements and property necessary or convenient for the supplying of water for domestic, irrigation, power, milling, manufacturing, mining, metallurgical, and any and all other beneficial uses, and for otherwise accomplishing the purposes of this chapter. See Nevada Revised Statutes 541.020

2.  The petition shall set forth the facts whereon the validity of such order, power, assessment, act, proceeding or contract is founded and shall be verified by the president of the board. Notice of the filing of the petition shall be given by the clerk of the court, under the seal thereof, stating in brief outline the contents of the petition and showing where a complete copy of any contract or contracts, therein mentioned, may be examined. The notice shall be served by publication at least once a week for 4 consecutive weeks in a newspaper of general circulation in the county in which the principal office of the district is located, and by posting the same in the office of the district at least 30 days prior to the date fixed in the notice for the hearing on the petition. Any owner of property in the district or person interested in the contract or proposed contract may appear and answer the petition at any time prior to the date fixed for the hearing or within such further time as may be allowed by the court, and the petition shall be taken as confessed by all persons who fail so to appear.

3.  The petition and notice shall be sufficient to give the court jurisdiction and, upon hearing, the court shall examine into and determine all matters and things affecting the question submitted, shall make such findings with reference thereto and render such judgment and decree thereon as the case warrants. Costs may be divided or apportioned among the contesting parties in the discretion of the trial court.

4.  Review of the judgment of the court may be had as in other similar cases, except that such review must be applied for within 30 days after the time of the rendition of such judgment, or within such additional time as may be allowed by the court within 30 days.

5.  The Nevada Rules of Civil Procedure shall govern in the matters of pleading and practice where not otherwise specified herein.

6.  The court shall disregard any error, irregularity or omission which does not affect the substantial rights of the parties.