Public Records

There is no Nevada statute that defines a public record. Generally, all books and records of a governmental entity are presumed to be public records and include information and other documents created or accumulated in the course of conducting public business that document the activities and business of public employees.

A public record is a “record,” not simply information. If a record does not already exist, there is generally no duty to create a record in response to a public records request. Letter to Ms. Lockard, Op. Nev. Att’y. Gen. No. 2000-12 (April 28, 2000). See also Public Employees’ Retirement System of Nevada v. Reno Newspapers, Inc., 313 P.3d 221, 129 Nev. Adv. Op. 88 (Nov. 14, 2013).

A record is not available to the public if it is declared by law to be confidential. See NRS 239.010(1). A record may also be confidential if it is privileged or if a common-law balancing of the interests test shows that the public interest in disclosure is outweighed by other interests such as privacy, the ability of the agency to perform its function, or other substantial concerns. However, there is a strong presumption in favor of disclosure, so exemption, exception, or balancing tests must be narrowly construed. See NRS 239.001(3).

FEES:

1. $0.01 per page for black and white copies.
2. $0.05 per page for color copies.
3. $0.25 per compact disc for audio copies of a Colorado River Commission meeting.

TRANSCRIPTS:

For verbatim transcripts of a Commission hearing, the fee charged is the actual per page charge incurred by the Colorado River Commission of Nevada in accordance with its contract with the transcription service.

POSTAGE:

The requestor is responsible for pre-paying estimated postage.

WAIVER OF FEES:

Fees will not be charged:

1. If the estimated total cost is $25.00 or less.
2. To current customers of the Colorado River Commission of Nevada for records related to their account.
3. To any city, county, state or federal agency.

PAYMENT:

Payment may only be made by check or money order payable to the “Colorado River Commission.”

PROCEDURE FOR REQUESTING COPIES/RESEARCH/TRANSCRIPTION:

1. A detailed request for records should be submitted in writing on the form provided.
2. An estimate of the time required to fulfill the request will then be determined and a cost estimate provided if the costs will exceed $25.00.
3. For any fee which exceeds $25.00, half must be paid in advance.