Nevada Revised Statutes Title 48. Water § 533.540. Procedure for refund of water district's money; conditions

1. Whenever, in the case of any order of determination of relative rights of claimants or appropriators of the waters of the Carson River and its forks, affecting the water districts mentioned and referred to in the preamble of chapter 19, Statutes of Nevada 1931, or in any like case affecting the Carson River or its forks directly, the State Engineer is or shall be prohibited from or lawfully prevented from administering such stream system under the orders or protection of any court, or prohibited from or lawfully prevented from certifying claims against water district funds, and the appropriate boards of county commissioners are unable to approve bills for such claims, and payment of such claims cannot be made out of such funds, and by reason of any of these things moneys and balances remain in such funds, it shall be lawful to refund such moneys and balances, and the appropriate boards of county commissioners are authorized and directed to refund the same.

2. The refunds mentioned in subsection 1 shall be made in the following manner. Whenever it shall appear to a board of county commissioners of any county that there remain water district funds in the county treasury, collected for the payment of claims and expenses in water districts in connection with the State Engineer's administration of waters and water rights affecting the Carson River as set forth in the preamble of chapter 19, Statutes of Nevada 1931, or in any like case directly affecting the Carson River and its forks, and that there is no lawful authority to disburse the same or to refund the same to those who paid the same, as described in the preamble of chapter 19, Statutes of Nevada 1931, the board of county commissioners of any such county is hereby authorized and directed to refund the moneys to the individuals and persons who paid the same in the proportion and extent, so near as practicable, as the funds and moneys were collected from and paid by the claimants and water users concerned. The county officers shall disburse such funds upon orders of the board of county commissioners out of such funds and not otherwise.

3. If any person shall feel aggrieved by the action taken, or the failure to act, of any such board of county commissioners, respecting any such refund or repayment, an action may be prosecuted thereon for and on behalf of any such person against the respective county as in the case of rejected claims.