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2005 Nevada Attorney General Reports and Opinions 1 (2005)

handle is hein.sag/sagnv0002 and id is 1 raw text is: ATTORNEY GENERAL NEVADA DEPARTMENT OF JUSTICE 100 North Carson Street Carson City, Nevada 89701-4717 BRIAN SANDOVAL ANN WILKINSON Attorney General Assistant Attorney General January 21, 2005 OPINION NO. 2005-01 AGREEMENTS: CITIES AND TOWNS; COUNTIES: FUNDS: Due to the absence of legislative authority that provides cities and counties the power to delegate the discretionary function of making charitable contributions, TMWA is not vested with the power to make charitable donations to the River Fund. Honorable Richard A. Gammick District Attorney County of Washoe Post Office Box 30083 Reno, NV 89520 Dear Mr. Gammick: You have requested our opinion concerning the Truckee Meadows Water Authority (TMWA) and whether it may make charitable contributions of money within its control to the Truckee River Fund (the River Fund), particularly from money collected from water customers. TMWA was created in the year 2000, when the cities of Reno and Sparks and the County of Washoe entered into a Cooperative Agreement (the Agreement) pursuant to chapter 277 of the Nevada Revised Statutes (NRS). TMWA was established to acquire the water assets and operations held by Sierra Pacific Power Company in the Truckee Meadows. The Agreement sets forth the Conferred Functions and Powers of TMWA in § 5 and § 6 respectively of the Agreement. In July 2004, TMWA approved the creation of a River Fund by and between TMWA and the Community Foundation of Western Nevada, a Nevada non-profit corporation.' The general purpose of the River Fund is to distribute the net income and principal of the Fund for the exclusive use for projects that protect and enhance water quality or water resources of the Truckee River, or its watershed. 1 The Community Foundation of Western Nevada is a 501(c)(3) organization as set forth in the Internal Revenue Section Code of 1986 (26 U.S.C. 501 (c) (3)). This organization provides an umbrella charitable organization for Western Nevada communities to manage dedicated funds for specific purposes. Telephone 775-684-1100 . Fax 775-684-1108 * www.ag.state.nv.us * E-mail aginfo@ag.state.nv.us

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