Articles of Incorporation
Updated February 5, 2025 by Vote of Membership
ARTICLES OF INCORPORATION
PRIVATE WELL OWNERS ASSOCIATION
KNOW ALL MEN BY THESE PRESENTS: THAT we, the undersigned, residents of the State of Nevada have this day voluntarily associated ourselves together for the purpose of forming a non-profit, non-stock, Association bringing education and water testing for public safety and groundwater stewardship for Private Wells under a Traditional Rural Lifestyle within Basin 162.
ARTICLE I
NAME
The name of the corporation shall be the Private Well Owners Association (hereinafter, the “Association”).
ARTICLE II
PRINCIPAL OFFICE
That the principal meeting location for the transaction of the business of this Association is located at 401 E. Basin St. Pahrump Nevada 89060. The Association mailing address is 1970 N. Leslie St., #434, Pahrump NV 89060-3678
ARTICLE III
ORGANIZATION
The Association shall be governed by the laws of the State of Nevada, and to its internal affairs, the law of jurisdiction shall be in the County of Nye in the State of Nevada. The Association is organized as a Non-Profit, bringing education and water testing for public safety under IRS Section 501(c)(3) for the protection of domestic well owner’s water supply and to advance good groundwater stewardship by raising awareness within Groundwater Basin 162 in Nye County, Nevada.
ARTICLE IV
PURPOSE AND POWERS OF THE ASSOCIATION
Section One: Purpose. The Association consists of four (4) or more members by mutual consent. The Association has been formed for the common good due to the costly investment of the individual members for the creationof their individual private domestic wells, and that each member has provided such to their real property creating an independent lifestyle provided by their domestic wells for their rural home use water supply under Chapter 534 of the Nevada Revised Statutes (“NRS”). The Association shall be incorporated, under Nevada State law and therefore will be granted the right to do business as such. The originating members have elected a Board of Directors. It is the intent that the Association be limited to the following: to unite for the public benefit, to provide education and water testing for public safety and social good, with mutual consent of those who have chosen to become members of the Association, toward a common goal.
Section Two: Mission Statement. The Association’s mission as a non-profit organization created under IRS Code 501(c)(3) and the laws of the State of Nevada and Nye County, is (a) to ensure that private well owner’s right to draw no more than 2 acre-feet of water per year for domestic purposes for three or fewer dwellings on a property is protected under NRS (534.180)(3) and NRS (534.185)(b); and (b) to assist the individual domestic well owner with Association collective expertise; and (c) to provide education about groundwater issues and topics that affect everyone with a private water supply; and (d) to conduct water testing of wells for the benefit of the public safety; and (e) to advance good groundwater stewardship by raising awareness and advocating water conservation for the common good and general welfare for the people of the community in support of their living a truly sustainable “Traditional Rural Lifestyle.”
Section Three: General Nature, Intent and Powers of the Association.
- The Association is a non-profit organization owned and operated by the members for their mutual benefit. The Association is a not-for-profit entity and shall operate at cost for the membership.
B. The members of the Association have united in order to work together to solve common problems of domestic well users and seize opportunities beneficial to the members in order to maintain, use, control and reap the benefits of their independent life styles provided by their domestic wells.
C. The Association shall have all powers necessary to carry into effect the objectives for which the Association has been formed, including those powers usually exercised by the Association, subject to all duties, restrictions (under the requirements of IRS 501(c)(3), and liabilities set forth in the general laws relating to similar corporations. The Association may engage in any lawful activity permitted for non-profit organizations.
D. The Association may engage in all other charitable activities permitted to an organization exempt from federal income tax under Section 501(c)3 of the Code or corresponding future provisions of the federal tax law.
ARTICLE V
MEMBERSHIP
Section One: Regular Membership. The Association shall issue no capital stock. Every person or entity who upon written application and consent to be a member of the Association, their compliance under NRS Chapter 534 and verified by the Association in accordance with the records kept in the County Recorder’s office of the potential member’s ownership of real property or a purchaser of real estate through a purchase agreement of a fee or undivided fee interest in any parcel or property within the State of Nevada, and their compliance with the water quality standards of the EPA shall be eligible for membership in the Association. The foregoing is not intended to include persons or entities that hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may be separated from ownership of any parcel.
Section Two: Membership shall be terminated upon transfer of said property ownership. Privileges incident to such membership may be suspended upon delinquency in the payment of assessments by any member. Membership shall be terminated upon failure of any member of the conditions of eligibly of Article V, section one.
Section Three: All powers, privileges, rights, duties, and obligations are to be exercised and performed by the members of the Association. These powers may be vested to the Board of Directors of the Association by the members at their monthly membership meeting on any management or operational issue voted upon and endorsed by the membership.
ARTICLE VI
VOTING RIGHTS
Each member owning a parcel(s) with a private well in the Association shall be entitled to one (1) vote; in the event more than one parcel is owned; titled in the same name or titled in different names or different uses, the member will still have only one vote for all parcels. A member may hold more than one membership to have the benefit of membership provided to each parcel the member may own, but only one membership shall have the power to vote. The manner of procedure shall be in accordance with the Bylaws of the Association to comply with one vote per member.
ARTICLE VII
TERM
The Association shall have a perpetual existence. Members may routinely join or resign in such a way as not to disrupt ongoing of the Association and it is done in accordance with the Bylaws and Policies of the Association.
ARTICLE VIII
BOARD OF DIRECTORS
Section One: The affairs of the Association shall be managed by a Board of Directors, each of whom shall be a member of the Association and a resident or active business owner in the state of Nevada within Basin 162. The initial number of Directors shall be three (3), but the numbers of Directors may be increased or decreased in accordance with the Bylaws of the Association.
Section Two: The names and positions of the persons who are to act as the initial Directors for the first year of business of the Association or until the selection of their successors are:
POSITIONS & NAMES
- Chair
- Vice Chair
- Treasurer
- Secretary
- Board Member
- Board Member
- Board Member
ARTICLE IX
EXEMPT PROPERTY
The private property of the members, Directors, and Officers of the Association shall always be exempt from all debts and liabilities of the Association of any kind whatsoever, in so far as they have remained in compliance with the Conflict of Interest Policy of the Association.
ARTICLE X
ASSOCIATION EXPENDITURES
For all expenditures made in each year of the Association’s existence, the Association shall insure that all expenditures are made on “qualifying expenditures” under Section 501(c)(3) of the Internal Revenue Code.
ARTICLE XI
GAINS, PROFITS, AND DISTRIBUTIONS
Section One: The Association does not contemplate pecuniary gains or profits, therefore shall conduct its business and affairs so that no part of any earnings shall inure, in whole or in part, to the benefit of any Director, Officer, or member. However, this language does not prevent the Association from:
- Reimbursing out-of-pocket costs of any member, officer or director incurred on behalf of the Association at the direction and approval of the membership.
ARTICLE XII
DISSOLUTION
Section One: Upon dissolution of the corporation, assets shall be for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or for public purposes. Any assets not so disposed of shall be disposed of by the Court of Competent Jurisdiction of the county in which the principal office of the corporation is then located, exclusively for such purpose or to such organization or organizations, as said court shall determine, which are organized and operated exclusively for such purpose.”
ARTICLE XII
AMENDMENTS
Amendments to these Articles shall require the consent of majority of the members of the Association voting in person at a regular or duly called special meeting. The Bylaws of the Association may be amended or altered, and additional Bylaws may be created, by a majority consent of the membership.
ADOPTION OF ARTICLES OF INCORPORATION
We, the undersigned, are all members of the current Directors or incorporators of this Association, and we consent to, and hereby do, adopt the forgoing Articles of Incorporation of this organization.
On this 29th day of November 2023
Revisions History
| Action Taken | How Implemented | Date Revised |
| Removal associate memberships, updates to addresses, New Officers | BOD action, Vote of membership | February 2025 |
| New Board members, Removal dated content by committee review | BOD action, Vote of membership | November 2023 |
| Minor updates | BOD action, Vote of membership | 2021 |
| Application to Secretary of State | BOD Action | October 2020 |
Print Name of the Chair Signature of the Chair
Budd Watkins Budd Watkins
Print Name of the Secretary Signature of the Secretary
Jacky Walker Jacky Walker
Print Name of a Director Signature of Director
Doug Blackstock Doug Blackstock
DATE: May 2025
