2005 Nevada Revised Statutes - Chapter 533 — Adjudication of Vested Water Rights; Appropriation of Public Waters
CHAPTER 533 - ADJUDICATION OF VESTED WATERRIGHTS; APPROPRIATION OF PUBLIC WATERS
GENERAL PROVISIONS
NRS 533.010 Persondefined.
NRS 533.015 StateEngineer defined.
NRS 533.020 Streamsystem defined.
NRS 533.023 Wildlifepurposes defined.
NRS 533.024 Legislativedeclaration.
NRS 533.025 Waterbelongs to public.
NRS 533.030 Appropriationfor beneficial use; use for recreational purpose declared beneficial;limitations and exceptions.
NRS 533.035 Beneficialuse: Basis, measure and limit of right to use.
NRS 533.037 Determinationof priority of water right acquired for use in federal reclamation project; noadditional water rights granted.
NRS 533.040 Waterused for beneficial purposes to remain appurtenant to place of use; exceptions.
NRS 533.045 Rightto divert ceases when necessity for use does not exist.
NRS 533.050 Beneficialuse of water declared a public use; eminent domain.
NRS 533.055 Storageof water for beneficial purpose; claiming and diversion of water turned intonatural channel or watercourse.
NRS 533.060 Rightto use limited to amount necessary; loss or abandonment of rights; no acquisitionof prescriptive right; reservation of rights by State.
NRS 533.065 Standardsof measurement.
NRS 533.070 Quantityof water appropriated limited to amount reasonably required for beneficial use;duties of State Engineer in connection with water diverted or stored forpurpose of irrigation.
NRS 533.075 Rotationin use of water.
NRS 533.080 Statewater right surveyors: Certain projects required to be performed by surveyor;qualifications; appointment; regulations; compensation; State Engineers WaterLicense Account.
NRS 533.085 Vestedrights to water not impaired.
ADJUDICATION OF VESTED WATER RIGHTS
NRS 533.090 Determinationof relative rights of claimants to water of stream or stream system: Petition;order of State Engineer; determination in order of importance.
NRS 533.095 Noticeof entry of order and pendency of proceedings: Preparation; contents;publication.
NRS 533.100 Investigationof flow of stream and ditches by State Engineer; preparation of surveys andmaps.
NRS 533.105 Useof data compiled by United States Geological Survey or other persons; remissionof proportionate cost of preparation.
NRS 533.110 Noticeof commencement of taking of proofs as to rights; time for filing; publicationand mailing of notice.
NRS 533.115 Blankforms enclosed with notice; contents of statement.
NRS 533.120 Statementsto be certified under oath; no fee for administering or furnishing blank form.
NRS 533.125 Commencementof taking of proofs; extension of time; determination of rights if claimantneglects or refuses to make proof.
NRS 533.130 Petitionto intervene may be filed by interested person not served; contents.
NRS 533.135 Feesof State Engineer.
NRS 533.140 Preparationand printing of abstract of proofs; preliminary order of determination; noticeof availability of evidence and proofs for inspection; service of notice andpreliminary order; State Engineer to be present during period that evidence andproofs are available for inspection.
NRS 533.145 Objectionsto preliminary order of determination; form and contents of objection.
NRS 533.150 Hearingsof objections to preliminary order of determination: Contents and service ofnotice; procedure; witnesses; evidence.
NRS 533.155 Dailydeposit by each party.
NRS 533.160 Entryof order of determination after hearing of objections to preliminary order;legal effect of order; certification, printing and service of order.
NRS 533.165 Certifiedcopy of order of determination to be filed with county clerk of county wherestream system located; procedure when stream system in two or more judicialdistricts; order setting time for hearing; service and publication of order.
NRS 533.170 Exceptionsto order of determination: Filing and service; pleadings; findings of fact,judgment and decree; service of findings of fact and cost bill.
NRS 533.175 Employmentof experts by court.
NRS 533.180 Courtmay refer case to State Engineer for further evidence.
NRS 533.185 Entryof judicial decree; delivery and filing of final judgment.
NRS 533.190 Costs:Assessment by court; entry of charges on assessment roll; collection anddisposition of money.
NRS 533.195 Powersof successor judge; inapplicability of NRS3.180.
NRS 533.200 Appealfrom decree to Supreme Court: Procedure; service of notice of appeal.
NRS 533.205 Motionfor new trial: Service of notice of intention to move for new trial.
NRS 533.210 Finalityof decree; application for modification within 3 years after entry; limitationson modification; notice of application.
NRS 533.215 Waiverof notices by claimants or appropriators.
NRS 533.220 Distributionof water; enforcement of order or decision of State Engineer.
NRS 533.225 Countyclerk to transmit certified copy of decree to State Engineer; effectiveness ofdecree.
NRS 533.230 Divisionof water by State Engineer during time order of determination is pending indistrict court.
NRS 533.235 Operationof order of determination may be stayed by filing bond with court; conditionsof bond; duties of State Engineer.
NRS 533.240 Allclaimants to be made parties in any suit brought to determine rights; StateEngineer to prepare hydrographic survey of stream system; costs; transfer ofsuit to State Engineer for determination.
NRS 533.250 Admissibilityof maps, plats, surveys and evidence on file in office of State Engineer;notice by State Engineer of intention to consider evidence and submission offindings to court.
NRS 533.255 Submissionof findings made before March 25, 1915.
NRS 533.260 Regulationsof State Engineer requiring blueprints from claimants to be attached to proofs.
NRS 533.265 StateEngineer to issue certificates upon final determination of relative rights;contents of certificates; exceptions.
NRS 533.270 Watercommissioners: Appointment; duties and salaries; exemption from state personnelsystem; district supervisors.
NRS 533.275 Engineerfor supervision of distribution: Appointment; salary and expenses; additionalwork.
NRS 533.280 Annualbudget for stream system or water district: Preparation; contents; limitationon assessment.
NRS 533.285 Entryon assessment roll of charges in budget; collection of special assessment.
NRS 533.290 WaterDistrict Account: Creation; deposit and use of money; accounting.
NRS 533.295 Limitationon use of Water District Account; expenses defined.
NRS 533.300 Stateto be divided into water districts; appointment of advisory boards by StateEngineer; meetings.
NRS 533.305 Divisionof water among ditches and reservoirs; regulation of distribution among users;notice of regulation by water commissioner; duties of district attorney.
NRS 533.310 Administrationof distribution by State Engineer if rights determined in manner other thanprovided in NRS 533.090 to
NRS 533.315 Paymentof certain costs in proceeding under NRS533.310.
NRS 533.320 Paymentof cost of administration of final decree and distribution of water; approvalof budget; submission to board of county commissioners; provisions applicable.
APPROPRIATION OF PUBLIC WATERS
Applications, Permits and Certificates
NRS 533.324 Wateralready appropriated defined.
NRS 533.325 Applicationto State Engineer for permit.
NRS 533.330 Applicationlimited to water of one source for one purpose; individual domestic use may beincluded.
NRS 533.335 Applicationfor permit to appropriate water: Contents.
NRS 533.340 Additionalrequirements for contents of applications to appropriate water for certainspecific uses.
NRS 533.345 Applicationfor permit to change place of diversion, manner of use or place of use:Contents; approval of or hearing on temporary change; period of temporarychange.
NRS 533.350 Applicationsto be accompanied by maps, drawings and other data.
NRS 533.355 Receiptof application; return for correction or completion; priority of returnedapplication; rejection; recording.
NRS 533.357 Priorityamong applications to appropriate underground water for irrigation purposesfrom same basin.
NRS 533.360 Noticeof application: Contents; publication; mailing required under certaincircumstances.
NRS 533.363 StateEngineer to notify county commissioners of application to use water in countyother than that in which it is appropriated or currently diverted or used.
NRS 533.365 Interestedperson may file verified protest with State Engineer against granting ofapplication; notice to applicant of protest; rules of practice for hearing;technical rules of evidence do not apply.
NRS 533.367 Requirementto ensure access of wildlife to water it customarily uses; waiver.
NRS 533.368 Hydrological,environmental or other study: State Engineer to determine need for study; costof study paid by applicant; regulations.
NRS 533.369 SpecialAccount for Studies Concerning Water: Deposits; interest and income; limitationon use of money; refund of money to applicant; balance does not revert to StateGeneral Fund.
NRS 533.370 Approvalor rejection of application by State Engineer: Conditions; exceptions;considerations; procedure.
NRS 533.371 Rejectionof application for permit for specified period.
NRS 533.372 Approvalor rejection of application to use water to generate energy for export.
NRS 533.375 StateEngineer may require additional information before approval or rejection ofapplication.
NRS 533.380 Timefor completion of work and application of water to beneficial use; limitationsand extensions.
NRS 533.382 Form,acknowledgment and recording of conveyance.
NRS 533.383 Effectof recording or failing to record deed of conveyance.
NRS 533.384 Filingsrequired by person to whom conveyance is made.
NRS 533.386 Dutiesof State Engineer concerning conveyances; administrative action required uponentry of final judgment of court.
NRS 533.387 Inapplicabilityof certain provisions to conveyance of shares of stock in ditch company.
NRS 533.390 Statementof work actually constructed; verification; penalty for failure to file proofof completion of work.
NRS 533.395 StateEngineer may require proof of good faith and reasonable diligence; cancellationof permit; review of cancellation; considerations when reviewing extension oftime.
NRS 533.400 Verifiedstatement to be filed with State Engineer by holder of permit within time setin endorsement on permit: Contents of statement; proof of beneficial use.
NRS 533.405 StateEngineer may require map; contents.
NRS 533.410 Cancellationof permit for failure to file proof of application of water to beneficial useand accompanying map; notice to holder of permit; extensions of time.
NRS 533.415 StateEngineer may refuse to file maps not conforming to statutory provisions or hisregulations.
NRS 533.420 Surveyoror engineer may be barred from practice before State Engineer for swearingfalsely.
NRS 533.425 Issuanceand contents of certificate of appropriation; notice of provisions governingforfeiture and abandonment of rights to underground water.
NRS 533.430 Permitsand certificates of appropriation subject to existing rights.
NRS 533.435 Feesof State Engineer.
Environmental Permits
NRS 533.437 Environmentalpermit defined.
NRS 533.4373 Applicationfor environmental permit: Contents; fee.
NRS 533.4375 Approvalof application by State Engineer: Conditions.
NRS 533.4377 Limitationon period for which permit may be issued; change of use for which permit isissued prohibited.
Transfer of Water From County of Origin to Another County
NRS 533.438 Impositionof fee on certain transfers of water by county of origin; review by StateEngineer; limitation on use of money collected from fee. [Effective throughDecember 31, 2006.]
NRS 533.438 Impositionof fee on certain transfers of water by county of origin; review by StateEngineer; limitation on use of money collected from fee. [Effective January 1,2007.]
NRS 533.4385 Planto mitigate adverse economic effects caused by transfer of water; contents ofplan; modification of plan by State Engineer.
RESERVOIRS
NRS 533.440 Permits:Primary and secondary; application; issuance of certificates.
NRS 533.445 Useof bed of stream or other watercourse to carry water to consumers; duties andexpenses of State Engineer.
JUDICIAL REVIEW AND APPEALS
NRS 533.450 Ordersand decisions of State Engineer subject to judicial review; procedure; appeals;appearance by Attorney General.
NRS 533.455 Appealsby State Engineer to Supreme Court.
UNLAWFUL ACTS AND PENALTIES
NRS 533.460 Unauthorizeduse or willful waste of water; prima facie evidence.
NRS 533.465 Interferencewith headgate, water box or water; prima facie evidence.
NRS 533.470 Employmentof guards to prevent unlawful diversions of water; payment of guards salaries.
NRS 533.475 Powerof State Engineer and assistants to make arrests.
NRS 533.480 Penalties.
USE OF WATER FOR WATERING LIVESTOCK
NRS 533.485 Definitions.
NRS 533.490 Wateringlivestock declared beneficial use.
NRS 533.492 Subsistingright to water livestock: Manner of proof; marking of location of right.
NRS 533.493 Recognitionof adjudicated rights to water livestock from streams by State Engineer.
NRS 533.495 Subsistingrights not to be impaired.
NRS 533.500 Dutiesof State Engineer concerning approval and rejection of application.
NRS 533.503 Restrictionson issuance of permit or certificate regarding appropriation to waterlivestock.
NRS 533.505 Unlawfulacts; penalties.
NRS 533.510 Priorrights not affected.
MISCELLANEOUS PROVISIONS
NRS 533.515 Permitfor appropriation of water or application to change point of diversion if pointof diversion or portion of works is outside state.
NRS 533.520 Applicationfor permit to appropriate water for use outside State; change point ofdiversion for use outside State or change place of use to location outside ofState; approval of application by State Engineer; conditions.
NRS 533.524 Appropriationfrom interstate streams: Right of appropriation having point of diversion andplace of use in another state.
NRS 533.525 Storedwater may be conveyed through streams and reclaimed; conditions.
NRS 533.530 Unlawfuldiversion and waste of water; penalty.
NRS 533.535 Consentto use of Lake Tahoe by United States for reservoir purposes in connection withTruckee-Carson reclamation project.
NRS 533.540 Procedurefor refund of water districts money; conditions.
NRS 533.545 Hearingsbefore State Engineer: Issuance and enforcement of subpoenas.
NRS 533.550 Saleor lease of water right by public body.
_________
GENERAL PROVISIONS
NRS
[48:140:1913; 1919 RL p. 3235; NCL 7933](NRS A1985, 522)
NRS
[49:140:1913; 1919 RL p. 3235; NCL 7934]
NRS
[47:140:1913; 1919 RL p. 3235; NCL 7932]
NRS
(Added to NRS by 1989, 1733)
NRS
1. It is the policy of this State:
(a) To encourage and promote the use of effluent, wherethat use is not contrary to the public health, safety or welfare, and wherethat use does not interfere with federal obligations to deliver water of theColorado River.
(b) To recognize the importance of domestic wells asappurtenances to private homes, to create a protectible interest in such wellsand to protect their supply of water from unreasonable adverse effects whichare caused by municipal, quasi-municipal or industrial uses and which cannotreasonably be mitigated.
2. The procedures in this chapter for changing theplace of diversion, manner of use or place of use of water, and for confirminga report of conveyance, are not intended to have the effect of quieting titleto or changing ownership of a water right and that only a court of competentjurisdiction has the power to determine conflicting claims to ownership of awater right.
(Added to NRS by 1991, 296; A 1993, 2640;
NRS
[1:140:1913; 1919 RL p. 3225; NCL 7890]
NRS
1. Subject to existing rights, and except as otherwiseprovided in this section, all water may be appropriated for beneficial use asprovided in this chapter and not otherwise.
2. The use of water, from any stream system asprovided in this chapter and from underground water as provided in
3. Except as otherwise provided in subsection 4, inany county whose population is 400,000 or more:
(a) The board of county commissioners may prohibit orrestrict by ordinance the use of water and effluent for recreational purposesin any man-made lake or stream located within the unincorporated areas of thecounty.
(b) The governing body of a city may prohibit orrestrict by ordinance the use of water and effluent for recreational purposesin any man-made lake or stream located within the boundaries of the city.
4. In any county whose population is 400,000 or more,the provisions of subsection 1 and of any ordinance adopted pursuant tosubsection 3 do not apply to:
(a) Water stored in a man-made reservoir for use inflood control, in meeting peak water demands or for purposes relating to thetreatment of sewage;
(b) Water used in a mining reclamation project; or
(c) A body of water located in a recreational facilitythat is open to the public and owned or operated by the United States or theState of Nevada.
[2:140:1913; 1919 RL p. 3225; NCL 7891](NRS A1969, 141; 1981, 658; 1985, 1301; 1989, 535, 1444; 1995, 2659)
NRS
[3:140:1913; 1919 RL p. 3225; NCL 7892]
NRS
1. The priority of a water right acquired by a personfor use in a federal reclamation project is determined according to the date onwhich the United States appropriated water for initiation of the project.Notwithstanding the fact that the water right so appropriated and acquired mayultimately vest in the name of the person at a later date, all such waterrights so acquired are governed by the applicable law of this State in effecton the date on which the United States appropriated water for initiation of theproject, unless the water rights vested under the law in this State before thetime the United States first appropriated or otherwise acquired the water forinitiation of the project. If the water right vested under the law in thisState before appropriation or acquisition by the United States, the date ofinitiation of the water right is determined according to the date on which thewater was first diverted under that appropriation or acquisition by the UnitedStates.
2. No water rights, in addition to those allocatedunder applicable court decrees, are granted, stated or implied by thedetermination of the date of priority pursuant to subsection 1.
(Added to NRS by
NRS
1. Except as otherwise provided in this section, anywater used in this State for beneficial purposes shall be deemed to remainappurtenant to the place of use.
2. If at any time it is impracticable to use waterbeneficially or economically at the place to which it is appurtenant, the rightmay be severed from the place of use and be simultaneously transferred andbecome appurtenant to another place of use, in the manner provided in thischapter, without losing priority of right.
3. The provisions of this section do not apply to aditch or canal company that appropriates water for diversion and transmissionto the lands of private persons for an annual charge.
4. For the purposes of this section, a surface waterright acquired by a water user in a federal reclamation project may beconsidered appurtenant to an entire farm, instead of specifically identifiableland within that farm, upon the granting of a permit for the change of place ofuse by the State Engineer which designates the place of use as the entire farm.The quantity of water available for use on that farm must not exceed the totalamount determined by applicable decrees as designated in the permit granted bythe State Engineer.
5. For the purposes of this section, a water rightacquired for watering livestock by a person who owns, leases or otherwisepossesses a legal or proprietary interest in the livestock being watered isappurtenant to:
(a) The land on which the livestock is watered if theland is owned by the person who possesses a legal or proprietary interest inthe livestock; or
(b) Other land which is located in this State, isbenefited by the livestock being watered and is capable of being used inconjunction with the livestock operation of the person who owns the land ifthat land is owned by the person who possesses the legal or proprietaryinterest in the livestock being watered.
6. The provisions of subsection 5 must not beconstrued:
(a) To impair a vested right or other existing waterright established before June 12, 2003, of a person to the use of water for thepurpose of watering livestock; or
(b) To prevent any transfer of ownership of a waterright for the purpose of watering livestock.
7. As used in this section, farm means a tract ofland under the same ownership that is primarily used for agricultural purposes.
[4:140:1913; 1919 RL p. 3225; NCL 7893](NRS A
NRS
[5:140:1913; 1919 RL p. 3226; NCL 7894]
NRS
[6:140:1913; 1919 RL p. 3226; NCL 7895]
NRS
[7:140:1913; 1919 RL p. 3226; NCL 7896]
NRS
1. Rights to the use of water must be limited andrestricted to as much as may be necessary, when reasonably and economicallyused for irrigation and other beneficial purposes, irrespective of the carryingcapacity of the ditch. The balance of the water not so appropriated must beallowed to flow in the natural stream from which the ditch draws its supply ofwater, and must not be considered as having been appropriated thereby.
2. Rights to the use of surface water shall not bedeemed to be lost or otherwise forfeited for the failure to use the watertherefrom for a beneficial purpose.
3. A surface water right that is appurtenant to landformerly used primarily for agricultural purposes is not subject to adetermination of abandonment if the surface water right:
(a) Is appurtenant to land that has been converted tourban use; or
(b) Has been dedicated to or acquired by a waterpurveyor, public utility or public body for municipal use.
4. In a determination of whether a right to usesurface water has been abandoned, a presumption that the right to use thesurface water has not been abandoned is created upon the submission of records,photographs, receipts, contracts, affidavits or any other proof of theoccurrence of any of the following events or actions within a 10-year periodimmediately preceding any claim that the right to use the water has beenabandoned:
(a) The delivery of water;
(b) The payment of any costs of maintenance and otheroperational costs incurred in delivering the water;
(c) The payment of any costs for capital improvements,including works of diversion and irrigation; or
(d) The actual performance of maintenance related tothe delivery of the water.
5. A prescriptive right to the use of the water or anyof the public water appropriated or unappropriated may not be acquired byadverse possession. Any such right to appropriate any of the water must beinitiated by applying to the State Engineer for a permit to appropriate thewater as provided in this chapter.
6. The State of Nevada reserves for its own presentand future use all rights to the use and diversion of water acquired pursuantto chapter 462, Statutes of Nevada 1963, or otherwise existing within thewatersheds of Marlette Lake, Franktown Creek and Hobart Creek and not lawfullyappropriated on April 26, 1963, by any person other than the Marlette LakeCompany. Such a right must not be appropriated by any person without theexpress consent of the Legislature.
[8:140:1913; A 1917, 353; 1949, 102; 1943 NCL 7897](NRS A 1979, 1161;
NRS
1. A cubic foot of water per second of time shall bethe legal standard for the measurement of water in this state.
2. The unit of volume shall be an acre-foot defined as43,560 cubic feet.
3. Where necessary to transpose miners inches tocubic feet per second, 1 cubic foot per second shall be considered equal to 40miners inches; but the term miners inch shall not be used henceforth in anypermit or adjudicated right issuing from the Office of the State Engineerwithout first naming the amount in cubic feet per second or in acre-feet.
[9:140:1913; 1919 RL p. 3226; NCL 7898]
NRS
1. The quantity of water from either a surface orunderground source which may hereafter be appropriated in this state shall belimited to such water as shall reasonably be required for the beneficial use tobe served.
2. Where the water is to be diverted for irrigationpurposes, or where the water is to be stored for subsequent irrigationpurposes, the State Engineer in determining the amount of water to be grantedin a permit to appropriate water shall take into consideration the irrigationrequirements in the section of the State in which the appropriation is to bemade. The State Engineer shall consider the duty of water as theretoforeestablished by court decree or by experimental work in such area or as nearthereto as possible. He shall also consider the growing season, type ofculture, and reasonable transportation losses of water up to where the mainditch or channel enters or becomes adjacent to the land to be irrigated, andmay consider any other pertinent data deemed necessary to arrive at thereasonable duty of water. In addition, in the case of storage of water,reservoir evaporation losses should be taken into consideration in determiningthe acre-footage of storage to be granted in a permit.
[11:140:1913; A 1945, 87; 1943 NCL 7899]
NRS
[85:140:1913; 1919 RL p. 3247; NCL 7971]
NRS
1. All maps, surveys and measurements of waterrequired pursuant to this chapter must be made by a state water right surveyor.No survey, map or measurement of flow of water may be approved by the StateEngineer unless the survey is made by a state water right surveyor.
2. Any licensed professional engineer or land surveyorwho has a practical knowledge of surveying or engineering and who is familiarwith land surveying and mapping and the measurement of water, and who is ofgood moral standing, must be considered for appointment as a state water rightsurveyor upon application to the State Engineer. The application must be in theform prescribed by the State Engineer and accompanied by a fee of $50.
3. The State Engineer may require any applicant forappointment to the position of state water right surveyor to pass suchreasonable examination as to his qualifications as is provided by the StateEngineer.
4. Whenever the State Engineer approves the qualificationsof an applicant, he shall issue a certificate to the applicant designating himas a state water right surveyor.
5. Every water right surveyors certificate expires onJune 30 of each year unless renewed by application in the form prescribed bythe State Engineer. A fee of $20 must be paid each year for renewal. Allapplication and renewal fees must be accounted for in the State EngineersWater License Account, which is hereby created in the State General Fund, andmust be used to pay costs pertaining to the certificate and renewal and othercosts associated with carrying out the provisions of this section.
6. An appointment may be revoked by the State Engineerat any time for good cause shown.
7. The State Engineer may provide such additionalregulations governing the qualifications and official acts of state water rightsurveyors as are reasonable and not inconsistent with this chapter.
8. The State of Nevada is not liable for thecompensation of any state water right surveyor, but he is entitled to be paidby the person employing him.
9. Officers and employees of the Federal Governmentare entitled to apply for the position of state water right surveyor and areexempt from the requirement that a state water right surveyor must be aprofessional engineer or professional land surveyor set forth in subsection 2.Any certificate issued to those officers and employees must include arestriction limiting those officers and employees to work for the FederalGovernment.
[91:140:1913; added 1921, 171; NCL 7978](NRS A1967, 990; 1979, 114; 1991, 62, 1782; 1997, 1069)
NRS
1. Nothing contained in this chapter shall impair thevested right of any person to the use of water, nor shall the right of anyperson to take and use water be impaired or affected by any of the provisions ofthis chapter where appropriations have been initiated in accordance with lawprior to March 22, 1913.
2. Any and all appropriations based upon applicationsand permits on file in the State Engineers office on March 22, 1913, shall beperfected in accordance with the laws in force at the time of their filing.
[84:140:1913; 1919 RL p. 3247; NCL 7970]
ADJUDICATION OF VESTED WATER RIGHTS
NRS
1. Upon a petition to the State Engineer, signed byone or more water users of any stream or stream system, requesting thedetermination of the relative rights of the various claimants to the waters thereof,the State Engineer shall, if upon investigation he finds the facts andconditions justify it, enter an order granting the petition and shall makeproper arrangements to proceed with such determination.
2. The State Engineer shall, in the absence of such apetition requesting a determination of relative rights, enter an order for thedetermination of the relative rights to the use of water of any stream selectedby him, commencing on the streams in the order of their importance forirrigation. As soon as practicable after the order is made and entered, theState Engineer shall proceed with such determination as provided in thischapter.
3. A water user upon or from any stream or body ofwater shall be held and deemed to be a water user upon the stream system ofwhich such stream or body of water is a part or tributary.
[18:140:1913; 1919 RL p. 3227; NCL 7905]
NRS
1. As soon as practicable after the State Engineershall make and enter the order granting the petition or selecting the streamsupon which the determination of rights is to begin, he shall prepare a noticesetting forth the fact of the entry of the order and of the pendency of theproceedings.
2. The notice shall:
(a) Name a date when the State Engineer or hisassistants shall begin the examination.
(b) Set forth that all claimants to rights in thewaters of the stream system are required, as provided in this chapter, to makeproof of their claims.
3. The notice shall be published for a period of 4consecutive weeks in one or more newspapers of general circulation within theboundaries of the stream system.
[19:140:1913; 1919 RL p. 3228; NCL 7906]
NRS
1. At the time set in the notice, the State Engineershall begin an investigation of the flow of the stream and of the ditchesdiverting water, and of the lands irrigated therefrom, and shall gather suchother data and information as may be essential to the proper determination ofthe water rights in the stream.
2. He shall:
(a) Reduce his observations and measurements towriting.
(b) Execute surveys or cause them to be executed.
(c) Prepare, or cause to be prepared, maps from theobservations of such surveys in accordance with such uniform rules andregulations as he may adopt.
3. The surveys and maps shall show with substantialaccuracy:
(a) The course of the stream.
(b) The location of each ditch or canal diverting watertherefrom, together with the point of diversion thereof.
(c) The area and outline of each parcel of land uponwhich the water of the stream has been employed for the irrigation of crops orpasture.
(d) The kind of culture upon each of the parcels ofland.
4. The map shall be prepared as the surveys andobservations progress, and, when completed, shall be filed and made of recordin the office of the State Engineer. Such map for original filing in his officeshall be on tracing linen on a scale of not less than 1,000 feet to the inch.
[20:140:1913; 1919 RL p. 3228; NCL 7907]
NRS
1. If satisfactory data are available from themeasurements and areas compiled by the United States Geological Survey or otherpersons, the State Engineer may dispense with the execution of such surveys andthe preparation of such maps and stream measurements, except insofar as isnecessary to prepare them to conform with the rules and regulations, asprovided in NRS 533.100.
2. If the surveys are executed and maps are preparedand filed with the State Engineer at the instance of the person claiming aright to the use of water, the proportionate cost thereof, as determined by theState Engineer, to be assessed and collected for the adjudication of therelative rights, as provided in this chapter, shall be remitted to the claimantafter the completion of the determination; but the map must conform with therules and regulations of the State Engineer and shall be accepted only afterthe State Engineer is satisfied that the data shown thereon are substantiallycorrect. Such measurements, maps and determinations shall be exhibited forinspection at the time of taking proofs and during the period during which suchproofs and evidence are kept open for inspection in accordance with theprovisions of this chapter.
[21:140:1913; 1919 RL p. 3228; NCL 7908]
NRS
1. Upon the filing of such measurements, maps anddeterminations, the State Engineer shall prepare a notice setting forth thedate when the State Engineer is to commence the taking of proofs as to therights in and to the waters of the stream system, and the date prior to whichthe same must be filed. The date set prior to which the proofs must be filedshall not be less than 60 days from the date set for the commencement of thetaking of proofs. The notice shall be deemed to be an order of the StateEngineer as to its contents. The State Engineer shall cause the notice to be publishedfor a period of 4 consecutive weeks in one or more newspapers of generalcirculation within the boundaries of the stream system, the date of the lastpublication of the notice to be not less than 15 days prior to the date fixedfor the commencement of the taking of proofs by the State Engineer.
2. At or near the time of the first publication of thenotice, the State Engineer shall send by registered or certified mail to eachperson, or deliver to each person, in person, hereinafter designated asclaimant, claiming rights in or to the waters of the stream system, insofar assuch claimants can be reasonably ascertained, a notice equivalent in terms tothe published notice setting forth the date when the State Engineer willcommence the taking of proofs, and the date prior to which proofs must be filedwith the State Engineer. The notice must be mailed at least 30 days prior tothe date fixed for the commencement of the taking of proofs.
[22:140:1913; 1919 RL p. 3229; NCL 7909](NRS A1967, 188)
NRS
1. The name and post office address of the claimant.
2. The nature of the right or use on which the claimfor appropriation is based.
3. The time of the initiation of such right and adescription of works of diversion and distribution.
4. The date of beginning of construction.
5. The date when completed.
6. The dates of beginning and completion ofenlargements.
7. The dimensions of the ditch as originallyconstructed and as enlarged.
8. The date when water was first used for irrigationor other beneficial purposes and, if used for irrigation, the amount of landreclaimed the first year, the amount in subsequent years, with the dates ofreclamation, and the area and location of the lands which are intended to beirrigated.
9. The character of the soil and the kind of cropscultivated, the number of acre-feet of water per annum required to irrigate theland, and such other facts as will show the extent and nature of the right anda compliance with the law in acquiring the same, as may be required by theState Engineer.
[23:140:1913; 1919 RL p. 3229; NCL 7910]
NRS
1. Each claimant shall be required to certify to hisstatement under oath. The State Engineer and his assistants authorized to takeproofs are hereby authorized to administer such oaths.
2. Oaths shall be administered and blank formsfurnished by the State Engineer and his assistants without charge.
[24:140:1913; 1919 RL p. 3230; NCL 7911]
NRS
1. The State Engineer shall commence the taking ofproofs on the date fixed and named in the notice provided for in
2. Upon neglect or refusal of any person to make proofof his claim or rights in or to the waters of such stream system, as requiredby this chapter, prior to the expiration of the period fixed by the StateEngineer during which proofs may be filed, the State Engineer shall determinethe right of such person from such evidence as he may obtain or may have onfile in his office in the way of maps, plats, surveys and transcripts, andexceptions to such determination may be filed in court, as provided in this chapter.
[25:140:1913; A 1915, 378; 1919 RL p. 3230; NCL 7912]
NRS
1. Any person interested in the water of any streamupon whom no service of notice shall have been had of the pendency ofproceedings for the determination of the relative rights to the use of water ofsuch stream system, and who shall have no actual knowledge or notice of thependency of the proceedings, may, at any time prior to the expiration of 6months after the entry of the determinations of the State Engineer, file apetition to intervene in the proceedings.
2. Such petition shall be under oath and shallcontain, among other things:
(a) All matters required by this chapter of claimantswho have been duly served with notice of the proceedings; and
(b) A statement that the intervener had no actualknowledge of notice of the pendency of the proceedings.
3. Upon the filing of the petition in interventiongranted by the State Engineer, the petitioner shall be allowed to interveneupon such terms as may be equitable, and thereafter shall have all rightsvouchsafed by this chapter to claimants who have been duly served.
[26:140:1913; 1919 RL p. 3230; NCL 7913]
NRS
1. At the time of submission of proofs ofappropriation, where the necessary maps are prepared by the State Engineer, thefee collected from any claimants must be the actual cost of the survey and thepreparation of maps.
2. The State Engineer shall collect a fee of $50 for aproof of water used for watering livestock or wildlife purposes. He shallcollect a fee of $100 for any other character of claim to water.
3. All fees collected as provided in this section mustbe accounted for in detail and deposited with the State Treasurer.
[27:140:1913; A 1921, 171; NCL 7914](NRS A 1957,529; 1975, 713; 1981, 1837; 1985, 720; 1989, 1733)
NRS
1. As soon as practicable after the expiration of theperiod fixed in which proofs may be filed, the State Engineer shall assembleall proofs which have been filed with him, and prepare, certify and haveprinted an abstract of all such proofs. The State Engineer shall also preparefrom the proofs and evidence taken or given before him, or obtained by him, apreliminary order of determination establishing the several rights of claimantsto the waters of the stream.
2. When the abstract of proofs and the preliminaryorder of determination is completed, the State Engineer shall then prepare anotice fixing and setting a time and place when and where the evidence taken byor filed with him and the proofs of claims must be open to the inspection ofall interested persons, the period of inspection to be not less than 20 days.The notice shall be deemed an order of the State Engineer as to the matterscontained therein.
3. A copy of the notice, together with a printed copyof the preliminary order of determination and a printed copy of the abstract ofproofs, must be delivered by the State Engineer, or sent by registered orcertified mail, at least 30 days before the first day of such period ofinspection, to each person who has appeared and filed proof, as provided inthis section.
4. The State Engineer shall be present at the time andplace designated in the notice and allow, during that period, any personsinterested to inspect such evidence and proof as have been filed with or takenby him in accordance with this chapter.
[28:140:1913; A 1921, 171; NCL 7915](NRS A 1967,189; 1969, 1527; 1973, 1478; 1985, 467; 1993, 1700; 1997, 21;
NRS
1. Any person claiming any interest in the streamsystem involved in the determination of relative rights to the use of water,whether claiming under vested right or under permit from the State Engineer,may object to any finding, part or portion of the preliminary order ofdetermination made by the State Engineer by filing objections with the StateEngineer within 30 days after the evidence and proofs, as provided in
2. Such objections shall be verified by the affidavitof the objector, his agent or attorney, and shall state with reasonablecertainty the grounds of objection.
[29:140:1913; A 1921, 171; NCL 7916]
NRS
1. The State Engineer shall fix a time and place forthe hearing of objections, which date must not be less than 30 days nor morethan 60 days after the date the notice is served on the persons who are, or maybe, affected thereby. The notice may be sent by registered or certified mail tothe persons to be affected by the objections, and the receipt thereforconstitutes legal and valid proof of service. The notice may also be served bythe State Engineer, or by any person, appointed by him, qualified and competentto serve a summons in civil actions. Return thereof must be made in the samemanner as in civil actions in the district courts of this state.
2. The State Engineer may adjourn hearings from timeto time upon reasonable notice to all parties interested. Depositions may betaken by any person authorized to administer oaths and designated by the StateEngineer or the parties in interest, and oral testimony may be introduced inall hearings.
3. Witnesses are entitled to receive fees as in civilcases, to be paid by the party calling those witnesses.
4. The evidence in the proceedings must be confined tothe subjects enumerated in the objections and the preliminary order ofdetermination. All testimony taken at the hearings must be reported andtranscribed in its entirety.
[30:140:1913; A 1915, 378; 1921, 171; NCL 7917](NRS A 1967, 189; 1981, 88; 1989, 406)
NRS
[32:140:1913; A 1921, 171; NCL 7919](NRS A 1957,530)
NRS
1. As soon as practicable after the hearing ofobjections to the preliminary order of determination, the State Engineer shallmake and cause to be entered of record in his office an order of determination,defining the several rights to the waters of the stream or stream system. Theorder of determination, when filed with the clerk of the district court asprovided in NRS 533.165, has the legaleffect of a complaint in a civil action.
2. The order of determination must be certified by theState Engineer, who shall have printed as many copies of the order ofdetermination as required. A copy of the order of determination must be sent byregistered or certified mail or delivered in person to each person who hasfiled proof of claim and to each person who has become interested throughintervention or through filing of objections under the provisions of
[33:140:1913; A 1915, 378; 1921, 171; NCL 7920](NRS A 1967, 190; 1969, 1527; 1973, 1478; 1985, 467; 1993, 1701; 1997,22; 2005, 1093)
NRS
1. As soon as practicable thereafter, a certified copyof the order of determination, together with the original evidence andtranscript of testimony filed with, or taken before, the State Engineer, dulycertified by him, shall be filed with the clerk of the county, as ex officioclerk of the district court, in which the stream system is situated, or, if inmore than one county but all within one judicial district, then with the clerkof the county wherein reside the largest number of parties in interest.
2. If such stream system shall be in two or morejudicial districts, then the State Engineer shall notify the district judge ofeach of such judicial districts of his intent to file such order ofdetermination, whereupon, within 10 days after receipt of such notice, suchjudges shall confer and agree where the court proceedings under this chaptershall be held and upon the judge who shall preside, and on notification thereofthe State Engineer shall file the order of determination, evidence and transcriptswith the clerk of the court so designated.
3. If such district judges fail to notify the StateEngineer of their agreement, as provided in subsection 2, within 5 days afterthe expiration of such 10 days, then the State Engineer may file such order ofdetermination, evidence and transcript with the clerk of any county he mayelect, and the district judge of such county shall have jurisdiction over theproceedings in relation thereto.
4. If the judge so selected and acting shall retirefrom office, or be removed from office or be disqualified, for any cause, thenthe judge of the district court having jurisdiction of the proceedings shallact as the judge on the matter or shall select the judge to preside in suchmatter.
5. In all instances a certified copy of the order ofdetermination shall be filed with the county clerk of each county in which suchstream system, or any part thereof, is situated.
6. Upon the filing of the certified copy of the order,evidence and transcript with the clerk of the court in which the proceedingsare to be had, the State Engineer shall procure an order from the court settingthe time for hearing. The clerk of such court shall immediately furnish theState Engineer with a certified copy thereof. The State Engineer immediatelythereupon shall mail a copy of such certified order of the court, by registeredor certified mail, addressed to each party in interest at his last known placeof residence, and shall cause the same to be published at least once a week for4 consecutive weeks in some newspaper of general circulation published in eachcounty in which such stream system or any part thereof is located. The StateEngineer shall file with the clerk of the court proof of such service byregistered or certified mail and by publication. Such service by registered orcertified mail and by publication shall be deemed full and sufficient notice toall parties in interest of the date and purpose of such hearing.
[34:140:1913; A 1915, 378; 1931, 148; 1931 NCL 7921](NRS A 1967, 190)
NRS
1. At least 5 days prior to the date set for hearing,all parties in interest who are aggrieved or dissatisfied with the order ofdetermination of the State Engineer shall file with the clerk of the courtnotice of exceptions to the order of determination of the State Engineer. Thenotice shall state briefly the exceptions taken and the prayer for relief. Acopy thereof shall be served upon or transmitted to the State Engineer byregistered or certified mail.
2. The order of determination by the State Engineerand the statements or claims of claimants and exceptions made to the order ofdetermination shall constitute the pleadings, and there shall be no otherpleadings in the cause.
3. If no exceptions shall have been filed with theclerk of the court as provided in subsection 1, then on the day set for hearingthe court may take further testimony if deemed proper, and shall then enter itsfindings of fact and judgment and decree.
4. On the day set for hearing, all parties in interestwho have filed notices of exceptions, as provided in subsection 1, shall appearin person or by counsel, and the court shall hear the same or set the time forhearing, until such exceptions are disposed of.
5. All proceedings thereunder, including the taking oftestimony, shall be as nearly as may be in accordance with the Nevada Rules ofCivil Procedure; but the provisions of the Nevada Rules of Civil Procedure and
[35:140:1913; A 1915, 378; 1921, 171; 1927, 334; NCL 7922](NRS A 1969, 95)
NRS
[Part 36:140:1913; A 1915, 378; 1931, 413; 1937, 327;1931 NCL 7923]
NRS
[Part 36:140:1913; A 1915, 378; 1931, 413; 1937, 327;1931 NCL 7923]
NRS
1. Deliver to the State Engineer a certified copy ofthe final judgment; and
2. Cause a certified copy of the final judgment to befiled in the office of the county recorder in each county in which the wateradjudicated is applied to beneficial use and in each county in which the wateradjudicated is diverted from its natural source.
[Part 36:140:1913; A 1915, 378; 1931, 413; 1937, 327;1931 NCL 7923](NRS A 1995, 436)
NRS
1. At any time in the course of the hearings, thecourt may, in its discretion, by order assess and adjudge against any partysuch costs as it deems just and equitable or may so assess the costs inproportion to the amount of water right standing allotted at that time, or thecourt may assess and adjudge such costs and expenses in its final judgment uponthe signing, entry and filing of its formal findings of fact, conclusions oflaw and decree adjudicating the water rights against any party as it deems justand equitable, or may so assess the costs in proportion to the amount of waterright allotted and decreed in the final judgment.
2. After the making, entry and filing by the court ofthe first findings of fact, conclusions of law and decree made, entered andfiled by the court in any such water adjudication as distinguished from thefirst proposed findings of fact, conclusions of law and decree, the court shallassess all costs and expenses against the loser or losers, in any and allsubsequent proceedings in any such water adjudication.
3. If costs are assessed or allowed as provided for inthis section and in NRS 533.170 andallotted, the State Engineer, within 60 days after such filing and entry, asabove described, shall certify to the boards of county commissioners of the respectivecounties wherein the stream system is situate either the amount of acreage setforth in the order of determination to which water has been allotted, or therespective water rights against which such costs have been assessed by thecourt, and the charges against each water user in accordance with the courtsjudgment and allocation of costs. Upon receipt of the certificate from theState Engineer by the board of county commissioners, the board of countycommissioners shall certify the respective charges contained therein to thecounty assessor of the county in which the land or property served is situated.The county assessor shall enter the amount of the charge on the assessment rollagainst the claimants property or acreage served.
4. The proper officer of the county shall collect theassessment as other assessments are levied and collected, and the assessment isa lien upon the property so served and must be collected in the same manner asother assessments are collected, but such costs must be collected in equalinstallments over 2 fiscal years.
5. When the assessments are collected, the personcollecting the assessments shall transmit the money collected to the StateTreasurer at the time he transmits other assessments collected by him asprovided by law, and the State Treasurer shall deposit the money in theAdjudication Emergency Account provided for in
[Part 36:140:1913; A 1915, 378; 1931, 413; 1937, 327;1931 NCL 7923](NRS A 1991, 1783; 1995, 220)
NRS
1. Whenever a judge before whom a proceeding for theadjudication of a stream system is pending and not yet completed shall cease tobe such judge from any cause whatsoever, his successor, to whom such proceedingmay be assigned or a part of whose duty it becomes to preside in suchproceeding, may do all things in and about such adjudication that may benecessary and proper, and may hear and decide all matters in connectiontherewith or relating thereto and make all orders, decisions, findings of fact,conclusions of law, judgments, decrees, and do all things necessary to completethe adjudication of such stream system to the full extent and the same asthough he had been the presiding judge in such proceeding from the commencementthereof.
2. NRS 3.180shall not apply to such stream system adjudication proceedings.
[Part 36:140:1913; A 1915, 378; 1931, 413; 1937, 327;1931 NCL 7923]
NRS
[Part 36:140:1913; A 1915, 378; 1931, 413; 1937, 327;1931 NCL 7923]
NRS
[Part 36:140:1913; A 1915, 378; 1931, 413; 1937, 327;1931 NCL 7923]
NRS
1. The decree entered by the court, as provided by
2. Notice of application shall be given as in civilcases.
[36a:140:1913; added 1921, 171; NCL 7924]
NRS
[36b:140:1913; added 1921, 171; NCL 7925]
NRS
1. From and after the filing of the order ofdetermination in the district court, the distribution of water by the StateEngineer or by any of his assistants or by the water commissioners or theirassistants shall, at all times, be under the supervision and control of thedistrict court. Such officers and each of them shall, at all times, be deemedto be officers of the court in distributing water under and pursuant to theorder of determination or under and pursuant to the decree of the court.
2. Upon the neglect or refusal of any claimant to theuse of water as provided in this chapter to carry out or abide by an order ordecision of the State Engineer acting as an officer of the court, the StateEngineer may petition the district court having jurisdiction of the matter fora review of such order and cause to be issued thereon an order to show causewhy the order and decision should not be complied with.
3. The order to show cause shall be personally servedon the claimant or claimants complained of, who shall appear and show cause onthe day fixed in the courts order so to do.
4. The hearing on the petition and order to show causeshall be informal and summary in character, with full opportunity afforded eachparty to present his case.
5. Appeals from the judgment may be taken to theSupreme Court in like manner as appeals in other civil cases; but notice ofappeal must be served and filed within 40 days from the entry of judgment.
[36 1/2:140:1913; added 1927, 337; A 1951, 132]
NRS
[37:140:1913; A 1915, 378; 1919 RL p. 3234; NCL 7927]
NRS
[38:140:1913; A 1915, 378; 1919 RL p. 3234; NCL 7928]
NRS
1. At any time after the order of determination,evidence and transcript has been filed with the clerk of the court, theoperation of the order of determination may be stayed in whole or in part byany party upon filing a bond in the court wherein such determination is pendingin such amount as the judge thereof may prescribe, conditioned that such partywill pay all damage that may accrue by reason of such determination not beingenforced, pending a decree by the court.
2. Immediately upon the filing and approval of suchbond, the clerk of the court shall transmit to the State Engineer a certifiedcopy of such bond, which shall be recorded in the records of his office, and heshall act in accordance with such stay.
[39:140:1913; A 1915, 378; 1919 RL p. 3234; NCL 7929]
NRS
1. In any suit brought in the district court for thedetermination of a right or rights to the use of water of any stream, allpersons who claim the right to use the waters of such stream and the streamsystem of which it is a part shall be made parties.
2. When the suit has been filed, the court shalldirect the State Engineer to furnish a complete hydrographic survey of thestream system as provided in NRS 533.100in order to obtain all physical data necessary to the determination of therights involved.
3. The cost of the suit, including the costs on behalfof the State and of the surveys, shall be charged against each of the privateparties thereto based on a determination by the court of the relative merits ofthe claims made by each of the private parties. The court may assess and chargeagainst any party at any time during the suit an equitable amount to pay thecosts of the survey upon its approval of an itemized statement thereforsubmitted by the State Engineer.
4. The court may at any time transfer the suit to theState Engineer for determination as provided in this chapter.
[45:140:1913; 1919 RL p. 3234; NCL 7930](NRS A1975, 71)
NRS
1. Any and all maps, plats, surveys and evidence onfile in the office of the State Engineer relating to any proof of appropriationinvolved in the proceeding for the determination of the relative rights in andto the waters of any stream system, obtained or filed under the provisions ofthis chapter or any preceding act relating to the Office of State Engineer,shall be admissible in court and shall have the same force and effect as thoughobtained and submitted under the provisions of this chapter.
2. At least 90 days prior to the rendering of hisorder of determination of the relative rights in and to the waters of anystream system, the State Engineer shall notify all parties in interest of hisintention to consider such maps, plats and evidence, and of his intention tosubmit his findings to the court under the provisions of this chapter. Thenotice shall be given in the manner prescribed in
3. Within 60 days after such notice, any party ininterest may file with the State Engineer any additional or supplementary maps,plats, surveys or evidence, or objections to the admissibility of any evidencehitherto presented and on file in the office of the State Engineer, in relationto his claim of water right or adverse to the claim or claims of the waterright of any other party or parties in interest, in order so to perfect hisclaim in accordance with the provisions of this chapter, and the State Engineershall consider the whole thereof in rendering such order of determination, andthe same shall become a part of the record which shall be submitted to thecourt as provided by NRS 533.165 to
[88a:140:1913; added 1915, 378; 1919 RL p. 3248; NCL 7975]
NRS
[88b:140:1913; added 1915, 378; 1919 RL p. 3249; NCL 7976]
NRS
[50:140:1913; 1919 RL p. 3235; NCL 7935]
NRS
1. Upon the final determination of the relative rightsin and to the waters of any stream system, the State Engineer shall issue toeach person represented in such determination a certificate to be signed by theState Engineer, and bearing the seal of his Office.
2. The certificate shall set forth:
(a) The name and post office address of the owner ofthe right.
(b) The date of priority.
(c) Extent and purpose of such right.
(d) If such water is for irrigation purposes, adescription of the land, by legal subdivisions when possible, to which thewater is appurtenant.
3. Such certificate shall be transmitted by the StateEngineer in person or by registered or certified mail to the owner.
4. No certificate need be issued by the State Engineerwhen printed copies of any decree of final determination of relative rightscontain a listing of the individual rights so determined.
[51:140:1913; 1919 RL p. 3235; NCL 7936](NRS A1957, 530; 1967, 191; 1975, 713)
NRS
1. The State Engineer shall appoint, subject toconfirmation by any court having jurisdiction, one or more water commissionersfor any stream system or water district subject to regulation and control bythe State Engineer. The duties and salaries of the water commissioners must befixed by the State Engineer and their salaries must be paid by the State ofNevada out of the water distribution accounts. The water commissioners areexempt from the provisions of chapter 284 ofNRS.
2. The State Engineer shall appoint a districtsupervisor of water commissioners and fix his duties. The district supervisoris in the unclassified service of the State.
[Part 52:140:1913; A 1915, 378; 1919, 384; 1921, 171;1931, 357; 1945, 87; 1947, 518; 1951, 132](NRS A 1957, 530; 1961, 490; 1967,1501; 1971, 1440; 1979, 666, 1112; 1981, 1283)
NRS
1. The State Engineer may appoint an engineer, who is qualifiedin hydrographic and water distribution experience, to work in a supervisorycapacity on water distribution and regulation service upon all adjudicatedstream systems within the State.
2. While engaged in that work, the salary and expensesof the engineer must be charged to the particular adjudicated stream systemreceiving the service upon the basis of time occupied and expenses incurred inthe work, and payment must be made out of the water distribution accountprovided for the adjudicated stream system.
3. When the engineer is not engaged in waterdistribution, additional work may be allotted to him by the State Engineer, andpayment therefor must be from other money available to the Office of the StateEngineer.
[Part 52:140:1913; A 1915, 378; 1919, 384; 1921, 171;1931, 357; 1945, 87; 1947, 518; 1951, 132](NRS A 1979, 666)
NRS
1. The State Engineer shall, between the first Mondayof October and the first Monday of December of each year, prepare a budget ofthe amount of money estimated to be necessary to pay the expenses of the streamsystem or each water district for the then current year.
2. The budget must show the following detail:
(a) The aggregate amount estimated to be necessary topay the expenses of the stream system or water district.
(b) The aggregate water rights in the stream system orwater district as determined by the State Engineer or the court.
(c) The unit charge necessary to provide the moneyrequired.
(d) The charge against each water user, which must bebased upon the proportion which his water right bears to the aggregate waterrights in the stream system, but the minimum charge is $1.
3. When the stream system lies in more than onecounty, a separate budget must be prepared for each county showing only theclaimants and charges assessable within the county.
4. When the stream system irrigates more than 200,000acres of land, the assessment for water distribution expenses must not exceed30 cents per acre-foot of water decreed.
[Part 52:140:1913; A 1915, 378; 1919, 384; 1921, 171;1931, 357; 1945, 87; 1947, 518; 1951, 132](NRS A 1957, 531; 1959, 139; 1971,661; 1979, 227; 1989, 535; 1993, 2081;
NRS
1. Upon receipt of such budget by the board of countycommissioners, the board of county commissioners shall certify the respectivecharges contained therein to the county assessor. The county assessor shallenter the amount of the charge or charges on the assessment roll against theclaimants and the property or acreage served.
2. The proper officers of the county shall collect thespecial assessment as other special assessments are levied and collected, andthe assessment is a lien upon the property so served and must be collected inthe same manner as other assessments are collected.
[Part 52:140:1913; A 1915, 378; 1919, 384; 1921, 171;1931, 357; 1945, 87; 1947, 518; 1951, 132](NRS A 1995, 221)
NRS
1. The assessments and charges provided for in
2. All bills against the Water District Account mustbe certified by the State Engineer or his assistant and, when certified andapproved by the State Board of Examiners, the State Controller may draw hiswarrant therefor against the Account.
3. An advance must not be made from a stream systemaccount that has been depleted until the advance is reimbursable from theproceeds of any assessments levied against the particular stream system orwater district for which any claims are presented.
4. Any money remaining in the Water District Accountat the end of the current year must remain in the Account and be available foruse in the following year.
5. The State Controller shall keep separate accountsof the money for each stream system or water district received from the variouscounties within which the stream system or water district is located, and shallnot draw warrants against an account until he has been notified by the StateEngineer that assessments have been filed with the board of countycommissioners, as required by NRS 533.285,that will return to the State of Nevada money advanced by the State out of theWater Distribution Revolving Account provided for in
[Part 52:140:1913; A 1915, 378; 1919, 384; 1921, 171;1931, 357; 1945, 87; 1947, 518; 1951, 132](NRS A 1979, 667; 1991, 1783; 1995,221; 2001, 2927)
NRS
1. Except as otherwise provided in
2. The term expenses referred to in
[Part 52:140:1913; A 1915, 378; 1919, 384; 1921, 171;1931, 357; 1945, 87; 1947, 518; 1951, 132](NRS A 1979, 667; 1991, 1784; 1993,2348)
NRS
1. The State Engineer shall divide the State intowater districts, to be so constituted as to insure the best protection for thewater users, and the most economical water supervision on the part of theState. The water districts must not be created until a necessity thereforarises and must be created from time to time as the priorities and claims tothe streams of the State are determined.
2. Upon the creation of a water district the StateEngineer may appoint an advisory board of representative citizens within thedistrict to assist him in formulating plans and projects for the conservationof the water resources and the use thereof in the district. The per diem andnecessary travel and subsistence expenses of the appointive members of theboard must be paid from the account provided for the district in
[53:140:1913; A 1947, 518; 1943 NCL 7938](NRS A1979, 667)
NRS
1. The State Engineer shall divide or cause to bedivided the waters of the natural streams or other sources of supply in theState among the several ditches and reservoirs taking water therefrom,according to the rights of each, respectively, in whole or in part, and shallshut or fasten, or cause to be shut or fastened, the headgates or ditches, andshall regulate, or cause to be regulated, the controlling works of reservoirs,as may be necessary to insure a proper distribution of the waters thereof.
2. The State Engineer shall have authority to regulatethe distribution of water among the various users under any ditch or reservoir,whose rights have been adjudicated, or whose rights are listed with the clerkof any district court of this state pursuant to the terms of this chapter, theactual cost of such regulation being paid by the ditch or reservoir receivingsuch service.
3. Whenever, in pursuance of his duties, the watercommissioner regulates a headgate to a ditch or the controlling works of reservoirs,he shall attach to such headgate or controlling works a written notice properlydated and signed, setting forth the fact that such headgate or controllingworks has been properly regulated and is wholly under his control. Such noticeshall be a legal notice to all parties interested in the diversion anddistribution of the water of such ditch or reservoir. Such water commissionershall have the right of ingress and egress across and upon public, private orcorporate lands at all times in the exercise of his duties.
4. The district attorney shall appear for or in behalfof the State Engineer, or his duly authorized assistants, in any case which mayarise in the pursuance of the official duties of any such officer within thejurisdiction of the district attorney.
[54:140:1913; A 1929, 298; 1951, 132]
NRS
1. On any stream in this state on which the waterrights have been adjudicated and determined and the final decree thereforentered, as between all persons who claimed the right to the use of the watersof such stream, in a suit brought in the district court having jurisdiction ofsuch stream and in which suit the adjudication and determination was not had inthe manner provided in NRS 533.090 to
2. Upon the filing of such petition, the districtcourt shall direct that notice of the filing of the petition shall be given toeach water user or claimant to a water right listed in the final decree. Thenotice shall be an order to show cause on the day fixed in the order by thecourt, which day shall not be less than 10 days nor more than 25 days from andafter the date of issuance thereof, and which order shall direct the person orpersons therein named to attend before the court on that day and show cause, ifany they or each of them may have, why the petition should not be granted. Thecourt shall designate the form and direct the preparation of the order ororders to show cause and by its order direct the manner, mode and the paymentof the cost of the service thereof.
3. For the purpose of the hearing on the petition,such petition shall be deemed in the nature of a complaint. Objections of thewater users or claimants, or any of them, to the granting of the petition shallbe in writing signed by such users or claimants, or by their or his attorneys.No other pleading shall be filed. Costs shall be paid as in civil cases broughtin the district court, except by the State Engineer or the State. The practicein civil cases shall apply insofar as consistent with the summary character ofthe proceedings. The State Engineer shall be given notice of and, in person orby assistant or deputy state engineer, shall attend upon the hearing of the petition.
4. The court, prior to the final determination of thematter, may, by an order duly entered and served upon the State Engineer,direct him to make a hydrographic survey of the stream system and to render tothe court a written report, together with such maps and other necessary data aswill enable the court to determine whether or not administration of such waterrights by the State Engineer would be in the best interest of the water users.
5. If the district court finally determines the matteraffirmatively, the court shall, by its judgment duly entered and served on theState Engineer, direct him to distribute such waters in strict accordance withthe decree, and from and after the filing of such judgment in the districtcourt and service thereof on the State Engineer the administration of thedecree and the distribution of the water thereunder shall be under thesupervision and control of the district court, and the State Engineer, hisdeputies, assistants and water commissioners, when engaged in the administrationof the final decree and the distribution of the water thereunder, shall bedeemed officers of the district court only and subject only to its supervisionand control.
6. Appeals may be taken from the judgment so enteredto the Supreme Court in the same manner and within the time as provided in
[Part 46 1/2:140:1913; added 1947, 518; A 1949, 102;1951, 158]
NRS
[Part 46 1/2:140:1913; added 1947, 518; A 1949, 102;1951, 158](NRS A 1975, 72)
NRS
[Part 46 1/2:140:1913; added 1947, 518; A 1949, 102;1951, 158](NRS A 1991, 1784)
APPROPRIATION OF PUBLIC WATERS
Applications, Permits and Certificates
NRS
(Added to NRS by 1993, 321)
NRS
[Part 59:140:1913; A 1919, 71; 1951, 132](NRS A1991, 859)
NRS
[Part 59:140:1913; A 1919, 71; 1951, 132]
NRS
1. The name and post office address of the applicantand, if the applicant is a corporation, the date and place of incorporation.
2. The name of the source from which the appropriationis to be made.
3. The amount of water which it is desired toappropriate, expressed in terms of cubic feet per second, except in anapplication for a permit to store water, where the amount shall be expressed inacre-feet.
4. The purpose for which the application is to bemade.
5. A substantially accurate description of thelocation of the place at which the water is to be diverted from its source and,if any of such water is to be returned to the source, a description of thelocation of the place of return.
6. A description of the proposed works.
7. The estimated cost of such works.
8. The estimated time required to construct the works,and the estimated time required to complete the application of the water tobeneficial use.
9. The signature of the applicant or his properlyauthorized agent.
[Part 59:140:1913; A 1919, 71; 1951, 132]
NRS
1. If for irrigation purposes, except in case of anapplication for a permit to store water, the number of acres to be irrigatedand a description by legal subdivisions, where possible, of the lands to beirrigated.
2. If for power purposes, the vertical head under whichthe water will be applied, the location of the proposed powerhouse, and, asnear as may be, the use to which the power is to be applied.
3. If for municipal supply or for domestic use, theapproximate number of persons to be served, and the approximate futurerequirement.
4. If for mining purposes, the proposed method ofapplying and utilizing the water.
5. If for stock-watering purposes, the approximatenumber and character of animals to be watered.
6. If for any purpose contemplating the storage ofwaters, in addition to the information required in applications naming thepurpose, the dimensions and location of the proposed dam, the capacity of theproposed reservoir, and a description of the land to be submerged by theimpounded waters.
[Part 59:140:1913; A 1919, 71; 1951, 132]
NRS
1. Every application for a permit to change the placeof diversion, manner of use or place of use of water already appropriated mustcontain such information as may be necessary to a full understanding of theproposed change, as may be required by the State Engineer.
2. If an applicant is seeking a temporary change ofplace of diversion, manner of use or place of use of water alreadyappropriated, the State Engineer shall approve the application if:
(a) The application is accompanied by the prescribedfees;
(b) The temporary change is in the public interest; and
(c) The temporary change does not impair the waterrights held by other persons.
3. If the State Engineer determines that the temporarychange may not be in the public interest, or may impair the water rights heldby other persons, he shall give notice of the application as provided in
4. A temporary change may be granted for any periodnot to exceed 1 year.
[Part 59:140:1913; A 1919, 71; 1951, 132](NRS A1989, 318)
NRS
[Part 59:140:1913; A 1919, 71; 1951, 132]
NRS
1. Upon receipt of an application, the State Engineershall make an endorsement thereon of the date of its receipt and shall keep arecord of the date. The State Engineer shall provide the application forms atno cost to the applicants.
2. Except as provided in subsection 3, if uponexamination, the application is found to be defective, it must be returned forcorrection or completion with advice of the reasons therefor, and the date ofthe return must be endorsed upon the application and a record made of it in theState Engineers office. An application does not lose its priority of filing onaccount of defects if the application, properly corrected and accompanied bysuch maps and drawings as may be required, is filed in the office of the StateEngineer within 60 days after the date of the return to applicant. Any applicationreturned for correction or completion, not refiled in proper form within the 60days, must be cancelled. For good cause shown, upon application made prior tothe expiration of the 60-day period, the State Engineer may, in his discretion,grant an extension of time not to exceed 60 days in which to file theinstruments.
3. If it appears to the State Engineer that anapplication, which contains information of sufficient accuracy to determine themanner of use and the location from which the water is to be diverted, must berejected, he may reject it without returning it for correction.
4. All applications which comply with the provisionsof this chapter must be recorded in a suitable book kept for that purpose.
[60:140:1913; 1919 RL p. 3239; NCL 7945](NRS A1971, 179; 1981, 358)
NRS
1. An owner of land for use on that land.
2. An owner of land for use on adjacent land for whichhe intends to file an application under the Carey Act or the Desert Land EntryAct, 43 U.S.C. 321 et seq.
3. Any other person whose application is preparatoryto proceeding under the Carey Act or the Desert Land Entry Act.
(Added to NRS by 1981, 915)
NRS
1. Except as otherwise provided in subsection 4,
(a) That the application has been filed.
(b) The date of the filing.
(c) The name and address of the applicant.
(d) The name of the source from which the appropriationis to be made.
(e) The location of the place of diversion, describedby legal subdivision or metes and bounds and by a physical description of thatplace of diversion.
(f) The purpose for which the water is to beappropriated.
Thepublisher shall add thereto the date of the first publication and the date ofthe last publication.
2. Except as otherwise provided in subsection 4, proofof publication must be filed within 30 days after the final day of publication.The State Engineer shall pay for the publication from the application fee. Ifthe application is cancelled for any reason before publication, the StateEngineer shall return to the applicant that portion of the application feecollected for publication.
3. If the application is for a proposed well:
(a) For municipal, quasi-municipal or industrial use;and
(b) Whose reasonably expected rate of diversion isone-half cubic foot per second or more,
theapplicant shall mail a copy of the notice of application to each owner of realproperty containing a domestic well that is within 2,500 feet of the proposedwell, to his address as shown in the latest records of the county assessor. Ifthere are not more than six such wells, notices must be sent to each owner bycertified mail, return receipt requested. If there are more than six suchwells, at least six notices must be sent to owners by certified mail, returnreceipt requested. The return receipts from these notices must be filed withthe State Engineer before he may consider the application.
4. The provisions of this section do not apply to anenvironmental permit.
[61:140:1913; A 1925, 121; 1951, 132](NRS A 1975,1397; 1981, 358; 1985, 489; 1989, 319; 1991, 758; 1993, 2641; 1995, 1530;
NRS
1. Except as otherwise provided in subsection 2, ifwater for which a permit is requested is to be used in a county other than thatcounty in which it is to be appropriated, or is to be diverted from or used ina different county than that in which it is currently being diverted or used,then the State Engineer shall give notice of the receipt of the request for thepermit to:
(a) The board of county commissioners of the county inwhich the water for which the permit is requested will be appropriated or iscurrently being diverted or used; and
(b) The board of county commissioners of the county inwhich the water will be diverted or used.
2. The provisions of subsection 1 do not apply:
(a) To an environmental permit.
(b) If:
(1) The water is to be appropriated and used; or
(2) Both the current and requested place ofdiversion or use of the water are,
within asingle, contiguous parcel of real property.
3. A person who requests a permit to which theprovisions of subsection 1 apply shall submit to each appropriate board ofcounty commissioners a copy of his application and any information relevant tohis request.
4. Each board of county commissioners which isnotified of a request for a permit pursuant to this section shall consider therequest at the next regular or special meeting of the board held not earlierthan 3 weeks after the notice is received. The board shall provide publicnotice of the meeting for 3 consecutive weeks in a newspaper of generalcirculation in its county. The notice must state the time, place and purpose ofthe meeting. At the conclusion of the meeting the board may recommend a courseof action to the State Engineer, but the recommendation is not binding on theState Engineer.
(Added to NRS by 1981, 782; A 1991, 758)
NRS
1. Any person interested may, within 30 days from thedate of last publication of the notice of application, file with the StateEngineer a written protest against the granting of the application, settingforth with reasonable certainty the grounds of such protest, which shall beverified by the affidavit of the protestant, his agent or attorney.
2. On receipt of a protest, the State Engineer shalladvise the applicant whose application has been protested of the fact that theprotest has been filed with him, which advice shall be sent by certified mail.
3. The State Engineer shall consider the protest, andmay, in his discretion, hold hearings and require the filing of such evidenceas he may deem necessary to a full understanding of the rights involved. TheState Engineer shall give notice of the hearing by certified mail to both theapplicant and the protestant. The notice must state the time and place at whichthe hearing is to be held and must be mailed at least 15 days before the dateset for the hearing.
4. The State Engineer shall adopt rules of practiceregarding the conduct of such hearings. The rules of practice must be adoptedin accordance with the provisions of NRS233B.040 to 233B.120, inclusive,and codified in the Nevada Administrative Code. The technical rules of evidencedo not apply at such a hearing.
[62:140:1913; A 1951, 132](NRS A 1967, 192; 1993,2081)
NRS
(Added to NRS by 1981, 1840)
NRS
1. If the State Engineer determines that ahydrological study, an environmental study or any other study is necessarybefore he makes a final determination on an application pursuant to
2. The required study must be conducted by the StateEngineer or by a person designated by him, the applicant or a consultantapproved by the State Engineer, as determined by the State Engineer.
3. The applicant shall bear the cost of a studyrequired pursuant to subsection 1. A study must not be conducted by the StateEngineer or by a person designated by him until the applicant has paid a cashdeposit to the State Engineer which is sufficient to defray the cost of thestudy.
4. The State Engineer shall:
(a) Consult with the applicant and the governing bodyof the county or counties in which the point of diversion and the place of useis located concerning the scope and progress of the study.
(b) Send a copy of the completed study to all attorneysof record, to a public library, if any, or other public building located in thecounty of origin, to the county or counties in which the point of diversion andthe place of use is located and to the governing bodies of the county of originand of the county or counties in which the point of diversion and the place ofuse is located.
5. The State Engineer may adopt regulations to carryout the provisions of this section.
(Added to NRS by 1991, 1367)
NRS
1. All money collected pursuant to subsection 3 of
2. The interest and income earned on the money in theAccount for Studies Concerning Water, after deducting any applicable charges,must be credited to the Account.
3. The money received pursuant to subsection 3 of
4. Any balance remaining in the Account does notrevert to the State General Fund at the end of the fiscal year.
(Added to NRS by 1991, 1368)
NRS
1. Except as otherwise provided in this section and
(a) The application is accompanied by the prescribedfees;
(b) The proposed use or change, if within an irrigationdistrict, does not adversely affect the cost of water for other holders ofwater rights in the district or lessen the efficiency of the district in itsdelivery or use of water; and
(c) The applicant provides proof satisfactory to theState Engineer of:
(1) His intention in good faith to construct anywork necessary to apply the water to the intended beneficial use withreasonable diligence; and
(2) His financial ability and reasonableexpectation actually to construct the work and apply the water to the intendedbeneficial use with reasonable diligence.
2. Except as otherwise provided in this subsection andsubsections 3 and 8, the State Engineer shall approve or reject eachapplication within 1 year after the final date for filing a protest. The StateEngineer may:
(a) Postpone action upon written authorization to do soby the applicant or, if an application is protested, by the protestant and theapplicant.
(b) Postpone action if the purpose for which theapplication was made is municipal use.
(c) In areas where studies of water supplies have beendetermined to be necessary by the State Engineer pursuant to
3. Except as otherwise provided in subsection 8, theState Engineer shall approve or reject, within 6 months after the final datefor filing a protest, an application filed to change the point of diversion ofwater already appropriated when the existing and proposed points of diversionare on the same property for which the water has already been appropriatedunder the existing water right or the proposed point of diversion is on realproperty that is proven to be owned by the applicant and is contiguous to theplace of use of the existing water right. The State Engineer may:
(a) Postpone action upon written authorization to do soby the applicant or, if the application is protested, by the protestant and theapplicant.
(b) In areas where studies of water supplies have beendetermined to be necessary by the State Engineer pursuant to
4. If the State Engineer does not act upon anapplication within 1 year after the final date for filing a protest, theapplication remains active until acted upon by the State Engineer.
5. Except as otherwise provided in subsection 8, wherethere is no unappropriated water in the proposed source of supply, or where itsproposed use or change conflicts with existing rights or with protectibleinterests in existing domestic wells as set forth in
6. In determining whether an application for aninterbasin transfer of groundwater must be rejected pursuant to this section,the State Engineer shall consider:
(a) Whether the applicant has justified the need toimport the water from another basin;
(b) If the State Engineer determines that a plan forconservation of water is advisable for the basin into which the water is to beimported, whether the applicant has demonstrated that such a plan has beenadopted and is being effectively carried out;
(c) Whether the proposed action is environmentallysound as it relates to the basin from which the water is exported;
(d) Whether the proposed action is an appropriatelong-term use which will not unduly limit the future growth and development inthe basin from which the water is exported; and
(e) Any other factor the State Engineer determines tobe relevant.
7. If a hearing is held regarding an application, thedecision of the State Engineer must be in writing and include findings of fact,conclusions of law and a statement of the underlying facts supporting thefindings of fact. The written decision may take the form of a transcription ofan oral ruling. The rejection or approval of an application must be endorsed ona copy of the original application, and a record must be made of theendorsement in the records of the State Engineer. The copy of the applicationso endorsed must be returned to the applicant. Except as otherwise provided insubsection 9, if the application is approved, the applicant may, on receiptthereof, proceed with the construction of the necessary works and take allsteps required to apply the water to beneficial use and to perfect the proposedappropriation. If the application is rejected, the applicant may take no stepstoward the prosecution of the proposed work or the diversion and use of thepublic water while the rejection continues in force.
8. The provisions of subsections 1 to 6, inclusive, donot apply to an application for an environmental permit.
9. The provisions of subsection 7 do not authorize therecipient of an approved application to use any state land administered by theDivision of State Lands of the State Department of Conservation and NaturalResources without the appropriate authorization for that use from the StateLand Registrar.
10. As used in this section, interbasin transfer ofgroundwater means a transfer of groundwater for which the proposed point ofdiversion is in a different basin than the proposed place of beneficial use.
[63:140:1913; A 1945, 87; 1947, 777; 1949, 102; 1943NCL 7948](NRS A 1959, 554; 1973, 865, 1603; 1977, 1171; 1981, 209, 359;1989, 319; 1991, 759, 1369; 1993, 1459, 2082, 2349; 1995, 319, 697, 2523;
NRS
1. The application is incomplete;
2. The prescribed fees have not been paid;
3. The proposed use is not temporary;
4. There is no water available from the proposedsource of supply without exceeding the perennial yield or safe yield of thatsource;
5. The proposed use conflicts with existing rights; or
6. The proposed use threatens to prove detrimental tothe public interest.
(Added to NRS by 1991, 1368)
NRS
(Added to NRS by 1981, 210; A 1981, 1434; 1991, 296)
NRS
1. In the case of an incorporated company he mayrequire the submission of the articles of incorporation, and the names andplaces of residence of directors and officers, and the amount of its authorizedand of its paid-up capital.
2. If the applicant is not an incorporated company, hemay require a statement as to the name of the person proposing to construct thework, and a showing of facts necessary to enable him to determine whether hehas the financial ability to carry out the proposed work, and whether theapplication has been made in good faith.
[64:140:1913; 1919 RL p. 3241; NCL 7949](NRS A1991, 61)
NRS
1. Except as otherwise provided in subsection 5, inhis endorsement of approval upon any application, the State Engineer shall:
(a) Set a time before which the construction of thework must be completed, which must be within 5 years after the date ofapproval.
(b) Except as otherwise provided in this paragraph, seta time before which the complete application of water to a beneficial use mustbe made, which must not exceed 10 years after the date of the approval. Thetime set under this paragraph respecting an application for a permit to applywater to a municipal or quasi-municipal use on any land:
(1) For which a final subdivision map has beenrecorded pursuant to chapter 278 of NRS;
(2) For which a plan for the development of aproject has been approved by the local government pursuant to
(3) On any land for which a plan for thedevelopment of a planned unit development has been recorded pursuant to
must not beless than 5 years.
2. The State Engineer may limit the applicant to asmaller quantity of water, to a shorter time for the completion of work, and,except as otherwise provided in paragraph (b) of subsection 1, to a shortertime for the perfecting of the application than named in the application.
3. Except as otherwise provided in subsection 4 and
(a) Made within 30 days following notice by registeredor certified mail that proof of the work is due as provided for in
(b) Accompanied by proof and evidence of the reasonablediligence with which the applicant is pursuing the perfection of theapplication.
The StateEngineer shall not grant an extension of time unless he determines from theproof and evidence so submitted that the applicant is proceeding in good faithand with reasonable diligence to perfect the application. The failure toprovide the proof and evidence required pursuant to this subsection is primafacie evidence that the holder is not proceeding in good faith and withreasonable diligence to perfect the application.
4. Except as otherwise provided in subsection 5 and
(a) Whether the holder has shown good cause for nothaving made a complete application of the water to a beneficial use;
(b) The number of parcels and commercial or residentialunits which are contained in or planned for the land being developed or thearea being served by the county, city, town, public water district or publicwater company;
(c) Any economic conditions which affect the ability ofthe holder to make a complete application of the water to a beneficial use;
(d) Any delays in the development of the land or thearea being served by the county, city, town, public water district or publicwater company which were caused by unanticipated natural conditions; and
(e) The period contemplated in the:
(1) Plan for the development of a projectapproved by the local government pursuant to NRS278.010 to 278.460, inclusive; or
(2) Plan for the development of a planned unitdevelopment recorded pursuant to chapter 278Aof NRS,
if any, forcompleting the development of the land.
5. The provisions of subsections 1 and 4 do not applyto an environmental permit.
6. For the purposes of this section, the measure ofreasonable diligence is the steady application of effort to perfect theapplication in a reasonably expedient and efficient manner under all the factsand circumstances. When a project or integrated system is comprised of severalfeatures, work on one feature of the project or system may be considered in findingthat reasonable diligence has been shown in the development of water rights forall features of the entire project or system.
[65:140:1913; A 1951, 132](NRS A 1967, 193; 1981,113, 1838; 1989, 1052, 1400; 1991, 759; 1993, 2349)
NRS
1. Made by deed;
2. Acknowledged in the manner provided in
3. Recorded in the office of the county recorder ofeach county in which the water is applied to beneficial use and in each countyin which the water is diverted from its natural source.
(Added to NRS by 1995, 434)
NRS
1. The recording of a deed pursuant to
2. The deed of:
(a) An application or permit to appropriate any of thepublic waters;
(b) A certificate of appropriation;
(c) An adjudicated or unadjudicated water right; or
(d) An application or permit to change the place of diversion,manner of use or place of use of water,
that has notbeen recorded as required by NRS 533.382shall be deemed void as against a subsequent purchaser who in good faith andfor valuable consideration purchases the same application, right, certificateor permit, or any portion thereof, if the subsequent purchaser first recordshis deed in compliance with NRS 533.382.
(Added to NRS by 1995, 435)
NRS
1. A person to whom is conveyed an application orpermit to appropriate any of the public waters, a certificate of appropriation,an adjudicated or unadjudicated water right or an application or permit tochange the place of diversion, manner of use or place of use of water, shall:
(a) File with the State Engineer, together with theprescribed fee, a report of conveyance which includes the following informationon a form to be provided by the State Engineer:
(1) An abstract of title;
(2) Except as otherwise provided in subsection2, a copy of any deed, written agreement or other document pertaining to theconveyance; and
(3) Any other information requested by the StateEngineer.
(b) If the place of use of the water is wholly orpartly within the boundaries of an irrigation district, file with theirrigation district:
(1) An abstract of title; and
(2) Except as otherwise provided in subsection2, a copy of any deed, written agreement or other document pertaining to theconveyance.
2. The governing body of any local government of thisState and any public utility which is a purveyor of water within the State maysubmit an affidavit or other document upon oath in lieu of the documentsotherwise required by subparagraph (2) of paragraphs (a) and (b) of subsection1, if the State Engineer finds that:
(a) The affidavit clearly indicates that rights fordiverting or appropriating water described in the affidavit are owned orcontrolled by the governing body or utility; and
(b) The affiant is qualified to sign the affidavit.
(Added to NRS by 1995, 434)
NRS
1. The State Engineer shall confirm that the report ofconveyance required by paragraph (a) of subsection 1 of
(a) The report is accompanied by the prescribed fee;
(b) No conflict exists in the chain of title that canbe determined by the State Engineer from the conveyance documents or otherinformation on file in the Office of the State Engineer; and
(c) The State Engineer is able to determine the rate ofdiversion and the amount of water conveyed in acre-feet or million gallons fromthe conveyance documents or other information on file in the Office of theState Engineer.
2. If the State Engineer confirms a report ofconveyance pursuant to subsection 1, he shall in a timely manner provide anotice of the confirmation to the person who submitted the report ofconveyance. The notice must include, without limitation:
(a) A statement indicating that neither theconfirmation of the report of conveyance nor the report of conveyance, if thereport sets forth the amount of water conveyed, guarantees that:
(1) The water right is in good standing with theOffice of the State Engineer; or
(2) The amount of water referenced in the noticeor in the report of conveyance is the actual amount of water that a person isentitled to use upon conveyance of the application or permit to appropriate anyof the public waters, the certificate of appropriation, the adjudicated orunadjudicated water right, or the application or permit to change the place ofdiversion, manner of use or place of use of water.
(b) A statement that the confirmation of the report ofconveyance is not a determination of ownership and that only a court ofcompetent jurisdiction may adjudicate conflicting claims to ownership of awater right.
3. If the State Engineer determines that the report ofconveyance is deficient, he shall reject the report of conveyance and return itto the person who submitted it, together with:
(a) An explanation of the deficiency; and
(b) A notice stating that the State Engineer will notconfirm a report of conveyance that has been rejected unless the report isresubmitted with the material required to cure the deficiency. The notice mustalso include a statement of the provisions of subsection 5.
4. If, from the conveyance documents or otherinformation in the Office of the State Engineer, it appears to the StateEngineer that there is a conflict in the chain of title, the State Engineershall reject the report of conveyance and return it to the person who submittedit, together with:
(a) An explanation that a conflict appears to exist inthe chain of title; and
(b) A notice stating that the State Engineer will nottake further action with respect to the report of conveyance until a court ofcompetent jurisdiction has determined the conflicting claims to ownership ofthe water right and the determination has become final or until a finalresolution of the conflicting claims has otherwise occurred. The notice mustalso include a statement of the provisions of subsection 5.
5. The State Engineer shall not consider or treat theperson to whom:
(a) An application or permit to appropriate any of thepublic waters;
(b) A certificate of appropriation;
(c) An adjudicated or unadjudicated water right; or
(d) An application or permit to change the place ofdiversion, manner of use or place of use of water,
is conveyedas the owner or holder of the application, right, certificate or permit for thepurposes of this chapter, including, without limitation, all advisements andother notices required of the State Engineer and the granting of permits tochange the place of diversion, manner of use or place of use of water, until areport of the conveyance is confirmed pursuant to subsection 1.
6. If the State Engineer is notified that a court ofcompetent jurisdiction has entered a judgment confirming ownership of a waterright or resolving a conflict in a chain of title, and that the judgment hasbecome final, the State Engineer shall take such administrative action as isappropriate or necessary to conform the records of the Office of the StateEngineer with the judgment of the court, including, without limitation,amending or withdrawing a permit or certificate that was previously approved bythe State Engineer.
(Added to NRS by 1995, 435; A
NRS
1. An application or permit to appropriate any of thepublic waters;
2. A certificate of appropriation;
3. An adjudicated or unadjudicated water right; or
4. An application or permit to change the place ofdiversion, manner of use or place of use of water.
(Added to NRS by 1995, 436)
NRS
1. Any person holding a permit from the State Engineershall, on or before the date set for the completion of the work, file in detaila description of the work as actually constructed. This statement must beverified by the affidavit of the applicant, his agent or his attorney.
2. Should any person holding a permit from the StateEngineer fail to file with the State Engineer the proof of completion of work,as provided in this chapter, the State Engineer shall advise the holder of thepermit, by registered or certified mail, that it is held for cancellation, andshould the holder, within 30 days after the mailing of such advice, fail tofile the required affidavit, the State Engineer shall cancel the permit. Forgood cause shown, upon application made prior to the expiration of the 30-dayperiod, the State Engineer may, in his discretion, grant an extension of timein which to file the instruments.
[67:140:1913; A 1951, 132](NRS A 1967, 194; 1981,113)
NRS
1. If, at any time in the judgment of the StateEngineer, the holder of any permit to appropriate the public water is notproceeding in good faith and with reasonable diligence to perfect theappropriation, the State Engineer shall require the submission of such proofand evidence as may be necessary to show a compliance with the law. If, in hisjudgment, the holder of a permit is not proceeding in good faith and withreasonable diligence to perfect the appropriation, the State Engineer shallcancel the permit, and advise the holder of its cancellation. The failure toprovide the proof and evidence required pursuant to this subsection is primafacie evidence that the holder is not proceeding in good faith and withreasonable diligence to perfect the appropriation.
2. If any permit is cancelled under the provisions ofthis section or NRS 533.390 or
3. If the decision of the State Engineer modifies orrescinds the cancellation of a permit, the effective date of the appropriationunder the permit is vacated and replaced by the date of the filing of thewritten petition with the State Engineer.
4. The cancellation of a permit may not be reviewed orbe the subject of any judicial proceedings unless a written petition for reviewhas been filed and the cancellation has been affirmed, modified or rescindedpursuant to subsection 2.
5. For the purposes of this section, the measure ofreasonable diligence is the steady application of effort to perfect theappropriation in a reasonably expedient and efficient manner under all thefacts and circumstances. When a project or integrated system is comprised ofseveral features, work on one feature of the project or system may beconsidered in finding that reasonable diligence has been shown in the developmentof water rights for all features of the entire project or system.
6. The appropriation of water or the acquisition orlease of appropriated water from any:
(a) Stream system as provided for in this chapter; or
(b) Underground water as provided for in
by apolitical subdivision of this State or a public utility as defined in
[68:140:1913; 1919 RL p. 3242; NCL 7953](NRS A1981, 114; 1993, 2351; 1995, 2660, 2661)
NRS
1. Except as otherwise provided in subsection 2, on orbefore the date set in the endorsement of a permit for the application of waterto beneficial use, or on the date set by the State Engineer under a properapplication for extension therefor, any person holding a permit from the StateEngineer to appropriate the public waters of the State of Nevada, to change theplace of diversion or the manner or place of use, shall file with the StateEngineer a statement under oath, on a form prescribed by the State Engineer.The statement must include:
(a) The name and post office address of the personmaking the proof.
(b) The number and date of the permit for which proofis made.
(c) The source of the water supply.
(d) The name of the canal or other works by which thewater is conducted to the place of use.
(e) The name of the original person to whom the permitwas issued.
(f) The purpose for which the water is used.
(g) If for irrigation, the actual number of acres ofland upon which the water granted in the permit has been beneficially used,giving the same by 40-acre legal subdivisions when possible.
(h) An actual measurement taken by a licensed statewater right surveyor or an official or employee of the State Engineers officeof the water diverted for beneficial use.
(i) The capacity of the works of diversion.
(j) If for power, the dimensions and capacity of theflume, pipe, ditch or other conduit.
(k) The average grade and difference in elevationbetween the termini of any conduit.
(l) The number of months, naming them, in which waterhas been beneficially used.
(m) The amount of water beneficially used, taken fromactual measurements, together with such other data as the State Engineer mayrequire to acquaint himself with the amount of the appropriation for which theproof is filed.
2. The provisions of subsection 1 do not apply to aperson holding an environmental permit.
[Part 69:140:1913; A 1951, 132](NRS A 1967, 991;1991, 760)
NRS
1. The State Engineer may, in his discretion, requestthat the statement required by NRS 533.400be accompanied by a map on tracing linen on a scale of not less than 1,000 feetto the inch, which shall show with substantial accuracy the following:
(a) The point of diversion by legal subdivisions or bymetes and bounds from some corner, when possible, from the source of supply.
(b) The traverse of the ditch or other conduit,together with cross sections of the same.
(c) The legal subdivisions of the land embraced in theapplication for the permit and the outline by metes and bounds of the irrigatedarea, with the amount thereof.
(d) The average grade and the difference in elevationof the termini of the conduit, and the carrying capacity of the same.
(e) The actual quantity of water flowing in the canalor conduit during the time the survey was being made.
2. The map must bear the affidavit of the surveyor orengineer making such survey and map. If the survey and map are made bydifferent persons the affidavit of each must be on the map, showing that themap as compiled agrees with the survey.
3. The map shall conform with such rules andregulations as the State Engineer shall make, which rules shall not be inconflict herewith.
[Part 69:140:1913; A 1951, 132]
NRS
[Part 69:140:1913; A 1951, 132](NRS A 1967, 194;1981, 114, 1838)
NRS
[70:140:1913; 1919 RL p. 3243; NCL 7955]
NRS
[71:140:1913; 1919 RL p. 3243; NCL 7956]
NRS
1. Except as otherwise provided in
(a) The name and post office address of each holder ofthe permit.
(b) The date, source, purpose and amount ofappropriation.
(c) If for irrigation, a description of the irrigatedlands by legal subdivisions, when possible, to which the water is appurtenant.
(d) The number of the permit under which thecertificate is issued.
2. If the water is appropriated from an undergroundsource, the State Engineer shall issue with the certificate a notice of theprovisions governing the forfeiture and abandonment of such water rights. Thenotice must set forth the provisions of NRS534.090.
[72:140:1913; A 1931, 211; 1937, 84; 1931 NCL 7957](NRS A 1967, 280; 1975, 713; 1995, 436, 1016, 1018, 2524)
NRS
1. Every permit to appropriate water, and everycertificate of appropriation granted under any permit by the State Engineerupon any stream or stream system which shall have been adjudicated under theprovisions of NRS 533.090 to
2. Upon any stream or stream system that has not beenadjudicated and upon which the State Engineer has heretofore granted and mayhereafter grant a permit or permits to appropriate water therefrom, any and allsuch permitted rights to the use of water so granted shall be subject toregulation and control by the State Engineer to the same extent and in the samemanner as adjudicated and permitted rights upon streams and stream systemsheretofore adjudicated pursuant to the provisions of this chapter.
[72a:140:1913; added 1921, 171; A 1947, 518; 1943 NCL 7958]
NRS
1. The State Engineer shall collect the followingfees:
For examining andfiling an application for a permit to appropriate water $250.00
This fee includes the cost ofpublication, which is $50.
For examining andacting upon plans and specifications for construction of a dam 500.00
For examining andfiling an application for each permit to change the point of diversion, mannerof use or place of use of an existing right............................................................................................ 150.00
This fee includesthe cost of the publication of the application, which is $50.
For issuing andrecording each permit to appropriate water for any purpose, except forgenerating hydroelectric power which results in nonconsumptive use of the wateror watering livestock or wildlife purposes 150.00
plus $2 per acre-foot approved orfraction thereof.
For issuing andrecording each permit to change an existing right whether temporary orpermanent for any purpose, except for generating hydroelectric power whichresults in nonconsumptive use of the water, for watering livestock or wildlifepurposes which change the point of diversion or place of use only, or forirrigational purposes which change the point of diversion or place of use only............................................................... 100.00
plus $2 per acre-foot approved orfraction thereof.
For issuing and recordingeach permit to change the point of diversion or place of use only of anexisting right whether temporary or permanent for irrigational purposes................................... 200.00
For issuing andrecording each permit to appropriate or change the point of diversion or placeof use of an existing right only whether temporary or permanent for wateringlivestock or wildlife purposes for each second-foot of water approved orfraction thereof......................................................................... 50.00
For issuing andrecording each permit to appropriate or change an existing right whethertemporary or permanent for water for generating hydroelectric power whichresults in nonconsumptive use of the water for each second-foot of waterapproved or fraction thereof....................................................................... 100.00
This fee must not exceed $1,000.
For filing a secondary application undera reservoir permit......................... 200.00
For approving andrecording a secondary permit under a reservoir permit 200.00
For reviewing each tentativesubdivision map............................................... 150.00
plus $1 per lot.
For storage approvedunder a dam permit for privately owned nonagricultural dams which store morethan 50 acre-feet 100.00
plus $1 peracre-foot storage capacity. This fee includes the cost of inspection and mustbe paid annually.
For filing proof of completion of work............................................................... 10.00
For filing proof of beneficial use......................................................................... 50.00
For filing any protest............................................................................................ 25.00
For filing anyapplication for extension of time within which to file proofs 100.00
For examining andfiling a report of conveyance filed pursuant to paragraph (a) of subsection 1of NRS 533.384 25.00
plus $10 per conveyance document
For filing any other instrument............................................................................. 1.00
For making copy ofany document recorded or filed in his office, for the first page 1.00
For each additionalpage......................................................................................... .20
For certifying tocopies of documents, records or maps, for each certificate 1.00
For each blueprintcopy of any drawing or map, per square foot.................... .50
The minimum charge for a blueprintcopy, per print.......................................... 3.00
2. When fees are not specified in subsection 1 forwork required of his office, the State Engineer shall collect the actual costof the work.
3. Except as otherwise provided in this subsection,all fees collected by the State Engineer under the provisions of this sectionmust be deposited in the State Treasury for credit to the General Fund. Allfees received for blueprint copies of any drawing or map must be kept by himand used only to pay the costs of printing, replacement and maintenance ofprinting equipment. Any publication fees received which are not used by him forpublication expenses must be returned to the persons who paid the fees. If,after exercising due diligence, the State Engineer is unable to make therefunds, he shall deposit the fees in the State Treasury for credit to theGeneral Fund. The State Engineer may maintain, with the approval of the StateBoard of Examiners, a checking account in any bank or credit union qualified tohandle state money to carry out the provisions of this subsection. The accountmust be secured by a depository bond satisfactory to the State Board of Examinersto the extent the account is not insured by the Federal Deposit InsuranceCorporation, the National Credit Union Share Insurance Fund or a privateinsurer approved pursuant to NRS 678.755.
[73:140:1913; A 1915, 378; 1921, 171; 1925, 121;1947, 518; 1949, 102; 1943 NCL 7959](NRS A 1957, 531; 1975, 46, 1398; 1981,114, 1839; 1983, 1577; 1989, 1733; 1993, 2083; 1995, 436;
Environmental Permits
NRS
(Added to NRS by 1991, 757)
NRS
1. A copy of a letter or order issued by the Divisionof Environmental Protection of the State Department of Conservation and NaturalResources requiring the applicant to take steps to protect the environment;
2. Any other information which is necessary for a fullunderstanding of the necessity of the appropriation; and
3. For examining and filing the application for theenvironmental permit, $150. For issuing and recording the environmental permit,$150 plus $1 per acre-foot approved or fraction thereof.
(Added to NRS by 1991, 757)
NRS
1. The application is accompanied by the prescribedfees and a copy of a letter or order issued by the Division of EnvironmentalProtection of the State Department of Conservation and Natural Resourcesrequiring the applicant to take steps to protect the environment;
2. The appropriation is in the public interest; and
3. The appropriation does not impair water rights heldby other persons.
(Added to NRS by 1991, 757)
NRS
1. Issue an environmental permit for a period which islonger than the period set forth in the letter or order issued by the Divisionof Environmental Protection of the State Department of Conservation and NaturalResources requiring the applicant to take steps to protect the environment.
2. Change the use for which the environmental permitis issued.
(Added to NRS by 1991, 757)
Transfer of Water From County of Origin to Another County
NRS
1. Except as otherwise provided in subsection 4, if anappropriation of groundwater pursuant to a permit to appropriate groundwaterresults in the transfer to and beneficial use of water in a county in thisState other than the county in which the water is appropriated or in anotherstate, the county of origin may impose a fee of $6 per acre-foot per year onthe transfer.
2. A county of origin shall not impose a fee pursuantto subsection 1 without the prior approval of the State Engineer. The county oforigin shall notify the State Engineer in writing of its intent to impose thefee. The State Engineer shall review the notice of intent to impose the fee todetermine:
(a) Whether the appropriation of groundwater pursuantto the permit specified in subsection 1 results in a transfer to and beneficialuse of water in a county in this State other than the county of origin or inanother state; and
(b) The amount of water, if any, that is:
(1) Subject to the proposed fee because of thattransfer and beneficial use; or
(2) Not subject to the proposed fee pursuant tosubsection 4.
3. Within 30 days after reviewing the notice of intentto impose the fee, the State Engineer shall send a written notice to the countyof origin that includes the results of his review. If the State Engineerdetermines that the appropriation of groundwater pursuant to the permit resultsin a transfer to and beneficial use of water in a county in this State otherthan the county of origin or in another state, the State Engineer shall includein the notice the amount of water that is subject to the proposed fee. Thecounty may, upon such a determination, impose the fee on the transfer.
4. A fee may not be imposed pursuant to this sectionon water that is appropriated and beneficially used pursuant to a permit toappropriate groundwater which is issued for a point of diversion and a place ofbeneficial use in the county of origin and which, after the water is divertedand beneficially used, is discharged or migrates into a county in this Stateother than the county of origin or into another state.
5. All money collected from a fee imposed pursuant tothis section must be deposited in a trust fund for the county. The principaland interest of the trust fund may be used by the county only for the purposesof economic development, health care and education.
6. For the purposes of this section, if a basinincludes land lying in more than one county, each county any part of whose landis included is a county of origin to the extent of the proportionate amount ofwater transferred from it. The State Engineer shall determine the respectiveproportions.
7. As used in this section:
(a) A basin is one designated by the State Engineerfor the purposes of chapter 534 of NRS.
(b) Origin means the place where water is taken fromunderground.
(Added to NRS by 1991, 1368; A
NRS 533.438
1. Except as otherwise provided in subsection 4, if anappropriation of groundwater pursuant to a permit to appropriate groundwaterresults in the transfer to and beneficial use of water in a county in thisState other than the county in which the water is appropriated or in anotherstate, the county of origin may impose a fee of $10 per acre-foot per year onthe transfer.
2. A county of origin shall not impose a fee pursuantto subsection 1 without the prior approval of the State Engineer. The county oforigin shall notify the State Engineer in writing of its intent to impose thefee. The State Engineer shall review the notice of intent to impose the fee todetermine:
(a) Whether the appropriation of groundwater pursuantto the permit specified in subsection 1 results in a transfer to and beneficialuse of water in a county in this State other than the county of origin or inanother state; and
(b) The amount of water, if any, that is:
(1) Subject to the proposed fee because of thattransfer and beneficial use; or
(2) Not subject to the proposed fee pursuant tosubsection 4.
3. Within 30 days after reviewing the notice of intentto impose the fee, the State Engineer shall send a written notice to the countyof origin that includes the results of his review. If the State Engineerdetermines that the appropriation of groundwater pursuant to the permit resultsin a transfer to and beneficial use of water in a county in this State otherthan the county of origin or in another state, the State Engineer shall includein the notice the amount of water that is subject to the proposed fee. Thecounty may, upon such a determination, impose the fee on the transfer.
4. A fee may not be imposed pursuant to this sectionon water that is appropriated and beneficially used pursuant to a permit toappropriate groundwater which is issued for a point of diversion and a place ofbeneficial use in the county of origin and which, after the water is divertedand beneficially used, is discharged or migrates into a county in this Stateother than the county of origin or into another state.
5. All money collected from a fee imposed pursuant tothis section must be deposited in a trust fund for the county. The principaland interest of the trust fund may be used by the county only for the purposesof economic development, health care and education.
6. For the purposes of this section, if a basinincludes land lying in more than one county, each county any part of whose landis included is a county of origin to the extent of the proportionate amount ofwater transferred from it. The State Engineer shall determine the respectiveproportions.
7. As used in this section:
(a) A basin is one designated by the State Engineerfor the purposes of chapter 534 of NRS.
(b) Origin means the place where water is taken fromunderground.
(Added to NRS by 1991, 1368; A
NRS
1. If a county of origin has not imposed a fee on thetransfer of water pursuant to NRS 533.438,an applicant and the governing body of the county of origin may execute a planto mitigate the adverse economic effects caused by the transfer of water fromthe county of origin to another county. If such a plan is executed, the plan isbinding on the county of origin and the applicant or his successor.
2. A plan to mitigate the adverse economic effectscaused by the transfer of water from the county of origin to another county mayinclude, but is not limited to, provisions concerning:
(a) The reservation of designated water rights to thecounty of origin; and
(b) Compensation for the foreseeable effects of thetransfer.
3. If a plan is executed pursuant to subsection 1, theapplicant shall submit the plan to the State Engineer. The State Engineer maymodify a plan executed pursuant to subsection 1 if a provision of the plan:
(a) Violates a specific statute; or
(b) Becomes impossible or impracticable to put intoeffect.
(Added to NRS by 1991, 1368; A
RESERVOIRS
NRS
1. All applications for reservoir permits shall besubject to the provisions of NRS 533.324to 533.435, inclusive, except thosesections wherein proof of beneficial use is required to be filed. The person orpersons proposing to apply to a beneficial use the water stored in any suchreservoir shall file an application for a permit, to be known herein as thesecondary permit, in compliance with the provisions of
2. The application shall refer to the reservoir for asupply of water and shall show by documentary evidence that an agreement hasbeen entered into with the owner of the reservoir for a permanent andsufficient interest in such reservoir to impound enough water for the purposeset forth in the application.
3. Effluent discharged from the point of the finaltreatment from within a sewage collection and treatment system shall beconsidered water as referred to in chapter 533of NRS, and shall be subject to appropriation for beneficial use under thereservoir-secondary permit procedure described in this section. Nothing in thissection shall preclude appropriation in accordance with and subject to theprovisions of NRS 533.324 to
4. When beneficial use has been completed andperfected under the secondary permit, and after the holder thereof shall havemade proofs of the commencement and completion of his work, and of theapplication of water to beneficial use, as in the case of other permits, asprovided in this chapter, a final certificate of appropriation shall issue asother certificates are issued, except that the certificate shall refer to boththe works described in the secondary permit and the reservoir described in theprimary permit.
[76:140:1913; 1919 RL p. 3245; NCL 7962](NRS A1971, 1060)
NRS
1. Whenever the owner, manager or lessee of areservoir constructed under the provisions of this chapter shall desire to usethe bed of a stream or other watercourse for the purpose of carrying stored orimpounded water from the reservoir to the consumer thereof, he shall, inwriting, notify the State Engineer and the water commissioner of the districtin which the water is to be used, giving the date when it is proposed todischarge water from the reservoir, its volume, and the names of all thepersons and ditches entitled to its use. The State Engineer or his assistantshall then regulate such works and headgates of all ditches from the stream orwatercourse not entitled to the use of such stored water as will enable thosehaving the right to secure the volume to which they are entitled.
2. The State Engineer shall keep a true and distinctaccount of the time spent by him in the discharge of his duties, as defined inthis section, and shall present a certified statement thereof to the board ofcounty commissioners of the county wherein the expense is incurred. The boardof county commissioners shall present a bill for the expense so incurred to thereservoir owner, manager or lessee, and if such owner, manager or lessee shallneglect for 30 days after the presentation of such bill of costs to pay thesame, the costs shall be made a charge upon the reservoir and shall be collectedas delinquent taxes until payment of such bill of costs has been made.
[77:140:1913; 1919 RL p. 3246; NCL 7963]
JUDICIAL REVIEW AND APPEALS
NRS
1. Any person feeling himself aggrieved by any orderor decision of the State Engineer, acting in person or through his assistantsor the water commissioner, affecting his interests, when such order or decisionrelates to the administration of determined rights or is made pursuant to
2. The proceedings in every case shall be heard by thecourt, and shall be informal and summary, but full opportunity to be heard shallbe had before judgment is pronounced.
3. No such proceedings may be entertained unlessnotice thereof, containing a statement of the substance of the order ordecision complained of, and of the manner in which the same injuriously affectsthe petitioners interests, has been served upon the State Engineer, personallyor by registered or certified mail, at his office at the State Capital within30 days following the rendition of the order or decision in question. A similarnotice shall also be served personally or by registered or certified mail uponthe person or persons who may have been affected by such order or decision.
4. Where evidence has been filed with, or testimonytaken before, the State Engineer, a transcribed copy thereof, or of any specificpart of the same, duly certified as a true and correct transcript in the mannerprovided by law, shall be received in evidence with the same effect as if thereporter were present and testified to the facts so certified. A copy of thetranscript shall be furnished on demand, at actual cost, to any person affectedby such order or decision, and to all other persons on payment of a reasonableamount therefor, to be fixed by the State Engineer.
5. A bond shall not be required except when a stay isdesired, and the proceedings provided for in this section are not a stayunless, within 5 days following the service of notice thereof, a bond is filedin an amount to be fixed by the court, with sureties satisfactory to suchcourt, conditioned to perform the judgment rendered in such proceedings.
6. Costs shall be paid as in civil cases brought inthe district court, except by the State Engineer or the State.
7. The practice in civil cases applies to the informaland summary character of such proceedings, as provided in this section.
8. Appeals may be taken to the Supreme Court from thejudgment of the district court in the same manner as in other civil cases.
9. The decision of the State Engineer shall be primafacie correct, and the burden of proof shall be upon the party attacking thesame.
10. Whenever it appears to the State Engineer that anylitigation, whether now pending or hereafter brought, may adversely affect therights of the public in water, he shall request the Attorney General to appear andprotect the interests of the State.
[75:140:1913; A 1915, 378; 1951, 132](NRS A 1957,532; 1969, 95; 1977, 426)
NRS
1. Whenever a decree determining and adjudicating therelative rights of the claimants to the use of water of a stream or streamsystem has been entered in the district court pursuant to the provisions ofthis chapter, and the decree becomes final and the State Engineer has broughtin that court any proceeding, either civil or of a criminal nature, concerningthe administration of and for the enforcement of the provisions of the decree,and wherein the validity of the decree or any of its provisions is drawn inquestion by adversary parties and the decision or judgment of the court is thatthe decree or a part thereof is invalid, the State Engineer shall be deemed aparty in interest with the right to take an appeal from such decision orjudgment to the Supreme Court.
2. Such appeal may be taken in the same manner asappeals in civil cases.
[75 1/2:140:1913; added 1947, 518; 1943 NCL 7961.01](NRS A 1977, 427)
UNLAWFUL ACTS AND PENALTIES
NRS
[81:140:1913; 1919 RL p. 3247; NCL 7967]
NRS
1. Any person who shall willfully open, close, changeor interfere with any lawfully established headgate or water box withoutauthority, or who shall willfully use water or conduct water into or throughhis ditch which has been lawfully denied him by the State Engineer, hisassistants or water commissioners, shall be guilty of a misdemeanor.
2. The possession or use of water when the same shallhave been lawfully denied by the State Engineer or other competent authorityshall be prima facie evidence of the guilt of the person using it.
[55:140:1913; 1919 RL p. 3237; NCL 7940]
NRS
[55a:140:1913; added 1933, 138; A 1945, 87; 1943 NCL 7940.01]
NRS
[57:140:1913; 1919 RL p. 3238; NCL 7942]
NRS
[58:140:1913; 1919 RL p. 3238; NCL 7943] +[83:140:1913; 1919 RL p. 3247; NCL 7969](NRS A 1967, 609)
USE OF WATER FOR WATERING LIVESTOCK
NRS
1. Public range means all lands belonging to theUnited States and to the State of Nevada on which livestock are permitted tograze, including lands set apart as national forests and lands reserved forother purposes.
2. Range livestock shall mean livestock which duringthe general period or season when they are being or are proposed to be wateredat the place involved shall be subsisting chiefly or entirely by grazing on thepublic range.
[6:201:1925; NCL 7984]
NRS
1. The use of water for watering livestock is herebydeclared to be a beneficial use except as provided in
2. On application to the State Engineer for any suchright, it shall not be necessary for the applicant to state or prove or for theState Engineer to determine in cubic feet per second of time the quantity ofwater the use of which is applied for or granted, but in all such applicationsand in all proceedings connected therewith and, also, in all proceedings eitherbefore the State Engineer or the courts relating to the proof or establishmentof a vested right to use water for watering livestock, it shall be a sufficientmeasure of the quantity of the water to specify the number and kind of animalsto be watered or which have been watered, as the case may be. This subsectionis not intended to imply that prior to April 1, 1925, it was necessary tospecify, prove or determine the quantity of water in cubic feet per second, butis meant only to remove for the future any uncertainty that may have existed asto such necessity.
[1:201:1925; NCL 7979]
NRS
1. A subsisting right to water livestock may be provenby an owner of livestock by one or more of the following items of evidence forthe number of livestock and date of priority:
(a) As to water rights on open range, whether publiclands or unfenced private lands or a combination of these:
(1) A statement of priority of use submitted tothe Taylor Grazing Service, predecessor to the Bureau of Land Management, toshow the numbers of livestock grazed upon the open range, for years from 1928to 1934, inclusive, if accompanied by evidence of changes or absence of changesince the date of the statement;
(2) A license issued by the Taylor GrazingService for use upon the open range; or
(3) A statement of priority of use, or alicense, issued by the United States Forest Service for the grazing oflivestock before 1950.
(b) As to water rights on other privately owned land:
(1) An affidavit concerning the number and kindof livestock by a person familiar with the use made of the lands;
(2) A record of livestock assessed to theclaimant of the right, or his predecessor, by a county assessor;
(3) A count of livestock belonging to theclaimant or his predecessor made by a lender; or
(4) An affidavit of a disinterested person.
2. The location of a subsisting right to waterlivestock and its extent along a stream may be shown by marking upon a topographicmap whose scale is not less than 1:100,000 or a map prepared by the UnitedStates Geological Survey covering a quadrangle of 7 1/2 minutes of latitude andlongitude and by further identifying the location or extent by one-sixteenthsections within a numbered section, township and range as certified by aregistered state water right surveyor.
(Added to NRS by 1993, 1944)
NRS
(Added to NRS by 1993, 1944)
NRS
[2:201:1925; NCL 7980]
NRS
1. Before approving any application for the right touse water for watering livestock, the State Engineer shall determine, byexamination on the ground or otherwise, that the right and use applied for willnot contravene the policy of NRS 533.495.If he shall determine that the right applied for will contravene such policy,he must reject the application.
2. If the water applied for shall be along the courseof or in the immediate vicinity of an established or customary driving routefor moving livestock from one range to another, the State Engineer may rejectthe application even if no previous right shall exist for any portion of suchwater, if he shall determine that such water will best subserve the publicinterest by being reserved for the watering of livestock while so being drivenalong such customary driving route.
[3:201:1925; NCL 7981]
NRS
1. The State Engineer shall not issue a permit toappropriate water for the purpose of watering livestock unless:
(a) The applicant for the permit is legally entitled toplace the livestock on the lands for which the permit is sought, and:
(1) Owns, leases or otherwise possesses a legalor proprietary interest in the livestock on or to be placed on the lands forwhich the permit is sought; or
(2) Has received from a person described insubparagraph (1), authorization to have physical custody of the livestock on orto be placed on the lands for which the permit is sought, and authorization tocare for, control and maintain such livestock;
(b) The forage serving the beneficial use of the waterto be appropriated is not encumbered by an adjudicated grazing preferencerecognized pursuant to law for the benefit of a person other than the applicantfor the permit; and
(c) The lack of encumbrance required by paragraph (b)is demonstrated by reasonable means, including, without limitation, evidence ofa valid grazing permit, other than a temporary grazing permit, that is issuedby the appropriate governmental entity to the applicant for the permit.
2. The State Engineer shall not issue a certificate ofappropriation based upon a permit to appropriate water for the purpose ofwatering livestock unless:
(a) The holder of the permit makes satisfactory proofthat the water has been beneficially used, is legally entitled to place on thelands the livestock which have been watered pursuant to the permit, and:
(1) Owns, leases or otherwise possesses a legalor proprietary interest in the livestock which have been watered pursuant tothe permit; or
(2) Has received from a person described insubparagraph (1), authorization to have physical custody of the livestock whichhave been watered pursuant to the permit, and authorization to care for,control and maintain such livestock;
(b) The forage serving the beneficial use of the waterthat has been beneficially used is not encumbered by an adjudicated grazingpreference recognized pursuant to law for the benefit of a person other thanthe holder of the permit; and
(c) The lack of encumbrance required by paragraph (b)is demonstrated by reasonable means, including, without limitation, evidence ofa valid grazing permit, other than a temporary grazing permit, that is issuedby the appropriate governmental entity to the holder of the permit.
3. This section must not be construed to impair thevested right of any person to the use of water for the purpose of wateringlivestock or to prevent any transfer of ownership of a water right for thepurpose of watering livestock.
4. As used in this section, grazing preference meansa priority position in the issuance of a permit to graze livestock on thepublic range.
(Added to NRS by 1995, 2522; A
NRS
1. Any person who, without the right so to do, shall,on two or more separate days during any season, water more than 50 head oflivestock at the watering place at which another shall have a subsisting rightto water more than 50 head of livestock, or within 3 miles of such place, withintent to graze the livestock so watered on the portion of the public rangereadily accessible to livestock watering at the watering place of such otherperson, shall be guilty of a misdemeanor.
2. Each days watering in violation of this sectionshall be deemed a separate offense.
3. Whenever, in any prosecution for such offense, itshall appear that the watering by the accused was not done at the wateringplace of another, but was done within 3 miles thereof, it shall be a sufficientdefense for the accused to prove that he had no knowledge of the existence ofsuch other watering place.
[4:201:1925; NCL 7982](NRS A 1967, 609)
NRS
[5:201:1925; NCL 7983](NRS A 1993, 1944)
MISCELLANEOUS PROVISIONS
NRS
1. No permit for the appropriation of water orapplication to change the point of diversion under an existing water right maybe denied because of the fact that the point of diversion described in theapplication for the permit, or any portion of the works in the applicationdescribed and to be constructed for the purpose of storing, conserving,diverting or distributing the water are situated in any other state; but in allsuch cases where the place of intended use, or the lands, or part of the landsto be irrigated by means of the water, are situated within this state, thepermit must be issued as in other cases, pursuant to the provisions of
2. The permit must not purport to authorize the doingor refraining from any act or thing, in connection with the system ofappropriation, not properly within the scope of the jurisdiction of this stateand the State Engineer to grant.
[1:174:1913; 1919 RL p. 3307; NCL 7986](NRS A1991, 859)
NRS
1. Any person who files an application for a permit toappropriate water from above or beneath the surface of the ground for useoutside this State, or to change the point of diversion under an existing waterright which has a place of use outside of this State, or to change the place ofuse of water from a location in this State to a location outside this Stateunder an existing right, must file an application with the State Engineer for apermit to do so pursuant to provisions of NRS533.324 to 533.450, inclusive, and
2. The State Engineer may approve such an applicationif he determines that the applicants use of the water outside this Statecomplies with the requirements of NRS533.324 to 533.450, inclusive, andthose provisions of chapter 534 of NRS pertainingto the appropriation of water. In making his determination, the State Engineershall consider:
(a) The supply of water available in this State;
(b) The current and reasonably anticipated demands forwater in this State;
(c) The current or reasonably anticipated shortages ofwater in this State;
(d) Whether the water that is the subject of theapplication could feasibly be used to alleviate current or reasonablyanticipated shortages of water in this State;
(e) The supply and sources of water available to theapplicant in the state in which the applicant intends to use the water;
(f) The demands placed on the applicants supply ofwater in the state in which he intends to use the water; and
(g) Whether the request in the application isreasonable, taking into consideration the factors set forth in paragraphs (a)to (f), inclusive.
3. The State Engineer may, as a condition to theapproval of such an application, require the applicant to file a certificatefrom the appropriate official in the state in which the water is to be used,indicating to the satisfaction of the State Engineer that the intended use ofthe water would be beneficial and that the appropriation is feasible.
4. A person who is granted a permit pursuant to thissection shall comply with the laws and regulations of this State governing theappropriation and use of water, as amended from time to time, and any change inthe point of diversion, manner of use or place of use of water under a permitissued pursuant to this section is subject to the requirements of this section.
5. The State Engineer may, as a condition of theapproval of any permit granted pursuant to this section, require that the useof water in another state be subject to the same regulations and restrictionsthat may be imposed upon the use of water in this State.
6. Upon submittal of an application under thissection, the applicant and, if the applicant is a natural person, his personalrepresentative, are subject to the jurisdiction of the courts of this State andto service of process as provided in NRS14.065.
[1:325:1951] + [2:325:1951](NRS A 1991, 859)
NRS
(Added to NRS by 1957, 155)
NRS
[1:49:1899; C 424; RL 4715; NCL 8238]
NRS
1. It is an unlawful use and waste of water for anyperson during the irrigating season:
(a) To divert and conduct the water, or portionthereof, of any river, creek, or stream into any slough, dam or pond andretain, or cause the water to be held or retained therein, without making anyother use of the water; or
(b) To divert and conduct the water, or portionthereof, away from any river, creek or stream, and run or allow the water torun to waste on sagebrush or greasewood land.
The irrigationof unimproved pasture which has a surface water right shall not be deemed to bea waste of water.
2. Any person who wastes water in violation of any ofthe provisions of subsection 1 is guilty of a misdemeanor.
[1:48:1889; C 430; RL 4721; NCL 8006] +[2:48:1889; C 431; RL 4722; NCL 8007](NRS A 1967, 609; 1983, 352)
NRS
1. For the purpose of aiding the Truckee-Carsonreclamation project carried out by the Reclamation Service of the United Statesof America, under the Act of Congress approved June 17, 1902 (c. 1093, 32 Stat.388), known as the Reclamation Act, and acts amendatory thereof or supplementarythereto, consent is hereby given to the use by the United States of America ofLake Tahoe, situated partly in the State of California and partly in the Stateof Nevada, and the waters, bed, shores and capability of use for reservoirpurposes thereof, in such manner and to such extent as the United States ofAmerica through its lawful agencies shall think proper for such purpose, and asfully as the State of Nevada could use the same.
2. The consent hereby given is without prejudice toany existing rights that persons or corporations may have in Lake Tahoe or theTruckee River.
[1:48:1913; 1919 RL p. 3306; NCL 8239]
NRS
1. Whenever, in the case of any order of determinationof relative rights of claimants or appropriators of the waters of the CarsonRiver and its forks, affecting the water districts mentioned and referred to inthe preamble of chapter 19, Statutes of Nevada 1931, or in any like caseaffecting the Carson River or its forks directly, the State Engineer is orshall be prohibited from or lawfully prevented from administering such streamsystem under the orders or protection of any court, or prohibited from orlawfully prevented from certifying claims against water district funds, and theappropriate boards of county commissioners are unable to approve bills for suchclaims, and payment of such claims cannot be made out of such funds, and byreason of any of these things moneys and balances remain in such funds, it shallbe lawful to refund such moneys and balances, and the appropriate boards ofcounty commissioners are authorized and directed to refund the same.
2. The refunds mentioned in subsection 1 shall be madein the following manner. Whenever it shall appear to a board of countycommissioners of any county that there remain water district funds in thecounty treasury, collected for the payment of claims and expenses in waterdistricts in connection with the State Engineers administration of waters andwater rights affecting the Carson River as set forth in the preamble of chapter19, Statutes of Nevada 1931, or in any like case directly affecting the CarsonRiver and its forks, and that there is no lawful authority to disburse the sameor to refund the same to those who paid the same, as described in the preambleof chapter 19, Statutes of Nevada 1931, the board of county commissioners ofany such county is hereby authorized and directed to refund the moneys to theindividuals and persons who paid the same in the proportion and extent, so nearas practicable, as the funds and moneys were collected from and paid by theclaimants and water users concerned. The county officers shall disburse suchfunds upon orders of the board of county commissioners out of such funds andnot otherwise.
3. If any person shall feel aggrieved by the actiontaken, or the failure to act, of any such board of county commissioners,respecting any such refund or repayment, an action may be prosecuted thereonfor and on behalf of any such person against the respective county as in thecase of rejected claims.
[1:19:1931; 1931 NCL 8256] + [2:19:1931; 1931 NCL 8256.01] + [3:19:1931; 1931 NCL 8256.02]
NRS
1. Whenever the State Engineer is authorized orrequired by law to conduct a hearing, he may issue subpoenas requiring theattendance of witnesses before him, together with all books, memoranda, papersand other documents relative to the matters for which the hearing is called,and take depositions within or without the State, as the circumstances of thecase may require.
2. The district court in and for the county in whichany hearing is being conducted by the State Engineer or his designee may compelthe attendance of witnesses, the giving of testimony and the production ofbooks and papers as required by any subpoena issued by the State Engineer.
3. If a witness refuses to attend or testify orproduce any papers required by the subpoena, the State Engineer may report tothe district court in and for the county in which the hearing is pending bypetition, setting forth:
(a) That due notice has been given of the time andplace of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the mannerprescribed in this section; and
(c) That the witness has failed and refused to attendor produce the papers required by the subpoena before the State Engineer or hisdesignee in the hearing named in the subpoena, or has refused to answerquestions propounded to him in the course of the hearing,
and askingfor an order of the court compelling the witness to attend and testify orproduce the books or papers before the State Engineer or his designee.
4. The court, upon petition of the State Engineer,shall enter an order directing the witness to appear before the court at a timeand place to be fixed by the court in the order, and show cause why he has notattended or testified or produced the books or papers before the State Engineeror his designee. The time for the appearance may not be later than 10 daysafter the date of the order. A certified copy of the order must be served uponthe witness. If it appears to the court that the subpoena was regularly issuedby the State Engineer, the court may thereupon enter an order that the witnessappear before the State Engineer or his designee at the time and place fixed inthe order and testify or produce the required books or papers. If the witnessfails to obey the order, he must be dealt with as for contempt of court.
(Added to NRS by 1989, 406)
NRS
1. Notwithstanding any other provision of law, apublic body shall not sell or lease for a term of more than 5 years a waterright owned by the public body unless the public body, after holding at leastone public hearing at which public comment was solicited, has issued writtenfindings that:
(a) The sale or lease of the water right is consistentwith the prudent, long-term management of the water resources within thejurisdiction of the public body;
(b) The sale or lease of the water right will notdeprive residents and businesses within the jurisdiction of the public body ofreasonable access to water resources for growth and development;
(c) The sale or lease of the water right is areasonable means of promoting development and use of the water right; and
(d) The means by which the water right is sold orleased reasonably ensures that the public body will receive the actual value ofthe water right or comparable economic benefits.
2. As used in this section, public body means theState or a county, city, town, school district or any public agency of thisState or its political subdivisions. The term does not include a water districtorganized pursuant to a special act of the Legislature or a water authorityorganized as a political subdivision created by a cooperative agreement.
(Added to NRS by
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