US Laws, Codes, Statutes & Cases

CHAPTER 533 - ADJUDICATION OF VESTED WATER RIGHTS; APPROPRIATION OF PUBLIC WATERS

GENERAL PROVISIONS

NRS 533.010            “Person” defined.

NRS 533.015            “State Engineer” defined.

NRS 533.020            “Stream system” defined.

NRS 533.023            “Wildlife purposes” defined.

NRS 533.024            Legislative declaration.

NRS 533.025            Water belongs to public.

NRS 533.030            Appropriation for beneficial use; use for recreational purpose declared beneficial; limitations and exceptions.

NRS 533.035            Beneficial use: Basis, measure and limit of right to use.

NRS 533.037            Determination of priority of water right acquired for use in federal reclamation project; no additional water rights granted.

NRS 533.040            Water used for beneficial purposes to remain appurtenant to place of use; exceptions.

NRS 533.045            Right to divert ceases when necessity for use does not exist.

NRS 533.050            Beneficial use of water declared a public use; eminent domain.

NRS 533.055            Storage of water for beneficial purpose; claiming and diversion of water turned into natural channel or watercourse.

NRS 533.060            Right to use limited to amount necessary; loss or abandonment of rights; no acquisition of prescriptive right; reservation of rights by State.

NRS 533.065            Standards of measurement.

NRS 533.070            Quantity of water appropriated limited to amount reasonably required for beneficial use; duties of State Engineer in connection with water diverted or stored for purpose of irrigation.

NRS 533.075            Rotation in use of water.

NRS 533.080            State water right surveyors: Certain projects required to be performed by surveyor; qualifications; appointment; regulations; compensation; State Engineer’s Water License Account.

NRS 533.085            Vested rights to water not impaired.

ADJUDICATION OF VESTED WATER RIGHTS

NRS 533.090            Determination of relative rights of claimants to water of stream or stream system: Petition; order of State Engineer; determination in order of importance.

NRS 533.095            Notice of entry of order and pendency of proceedings: Preparation; contents; publication.

NRS 533.100            Investigation of flow of stream and ditches by State Engineer; preparation of surveys and maps.

NRS 533.105            Use of data compiled by United States Geological Survey or other persons; remission of proportionate cost of preparation.

NRS 533.110            Notice of commencement of taking of proofs as to rights; time for filing; publication and mailing of notice.

NRS 533.115            Blank forms enclosed with notice; contents of statement.

NRS 533.120            Statements to be certified under oath; no fee for administering or furnishing blank form.

NRS 533.125            Commencement of taking of proofs; extension of time; determination of rights if claimant neglects or refuses to make proof.

NRS 533.130            Petition to intervene may be filed by interested person not served; contents.

NRS 533.135            Fees of State Engineer.

NRS 533.140            Preparation and printing of abstract of proofs; preliminary order of determination; notice of availability of evidence and proofs for inspection; service of notice and preliminary order; State Engineer to be present during period that evidence and proofs are available for inspection.

NRS 533.145            Objections to preliminary order of determination; form and contents of objection.

NRS 533.150            Hearings of objections to preliminary order of determination: Contents and service of notice; procedure; witnesses; evidence.

NRS 533.155            Daily deposit by each party.

NRS 533.160            Entry of order of determination after hearing of objections to preliminary order; legal effect of order; certification, printing and service of order.

NRS 533.165            Certified copy of order of determination to be filed with county clerk of county where stream system located; procedure when stream system in two or more judicial districts; order setting time for hearing; service and publication of order.

NRS 533.170            Exceptions to order of determination: Filing and service; pleadings; findings of fact, judgment and decree; service of findings of fact and cost bill.

NRS 533.175            Employment of experts by court.

NRS 533.180            Court may refer case to State Engineer for further evidence.

NRS 533.185            Entry of judicial decree; delivery and filing of final judgment.

NRS 533.190            Costs: Assessment by court; entry of charges on assessment roll; collection and disposition of money.

NRS 533.195            Powers of successor judge; inapplicability of NRS 3.180.

NRS 533.200            Appeal from decree to Supreme Court: Procedure; service of notice of appeal.

NRS 533.205            Motion for new trial: Service of notice of intention to move for new trial.

NRS 533.210            Finality of decree; application for modification within 3 years after entry; limitations on modification; notice of application.

NRS 533.215            Waiver of notices by claimants or appropriators.

NRS 533.220            Distribution of water; enforcement of order or decision of State Engineer.

NRS 533.225            County clerk to transmit certified copy of decree to State Engineer; effectiveness of decree.

NRS 533.230            Division of water by State Engineer during time order of determination is pending in district court.

NRS 533.235            Operation of order of determination may be stayed by filing bond with court; conditions of bond; duties of State Engineer.

NRS 533.240            All claimants to be made parties in any suit brought to determine rights; State Engineer to prepare hydrographic survey of stream system; costs; transfer of suit to State Engineer for determination.

NRS 533.250            Admissibility of maps, plats, surveys and evidence on file in office of State Engineer; notice by State Engineer of intention to consider evidence and submission of findings to court.

NRS 533.255            Submission of findings made before March 25, 1915.

NRS 533.260            Regulations of State Engineer requiring blueprints from claimants to be attached to proofs.

NRS 533.265            State Engineer to issue certificates upon final determination of relative rights; contents of certificates; exceptions.

NRS 533.270            Water commissioners: Appointment; duties and salaries; exemption from state personnel system; district supervisors.

NRS 533.275            Engineer for supervision of distribution: Appointment; salary and expenses; additional work.

NRS 533.280            Annual budget for stream system or water district: Preparation; contents; limitation on assessment.

NRS 533.285            Entry on assessment roll of charges in budget; collection of special assessment.

NRS 533.290            Water District Account: Creation; deposit and use of money; accounting.

NRS 533.295            Limitation on use of Water District Account; “expenses” defined.

NRS 533.300            State to be divided into water districts; appointment of advisory boards by State Engineer; meetings.

NRS 533.305            Division of water among ditches and reservoirs; regulation of distribution among users; notice of regulation by water commissioner; duties of district attorney.

NRS 533.310            Administration of distribution by State Engineer if rights determined in manner other than provided in NRS 533.090 to 533.265, inclusive: Petition to district court; notice; hearing; order; appeal.

NRS 533.315            Payment of certain costs in proceeding under NRS 533.310.

NRS 533.320            Payment of cost of administration of final decree and distribution of water; approval of budget; submission to board of county commissioners; provisions applicable.

APPROPRIATION OF PUBLIC WATERS

Applications, Permits and Certificates

NRS 533.324            “Water already appropriated” defined.

NRS 533.325            Application to State Engineer for permit.

NRS 533.330            Application limited to water of one source for one purpose; individual domestic use may be included.

NRS 533.335            Application for permit to appropriate water: Contents.

NRS 533.340            Additional requirements for contents of applications to appropriate water for certain specific uses.

NRS 533.345            Application for permit to change place of diversion, manner of use or place of use: Contents; approval of or hearing on temporary change; period of temporary change.

NRS 533.350            Applications to be accompanied by maps, drawings and other data.

NRS 533.355            Receipt of application; return for correction or completion; priority of returned application; rejection; recording.

NRS 533.357            Priority among applications to appropriate underground water for irrigation purposes from same basin.

NRS 533.360            Notice of application: Contents; publication; mailing required under certain circumstances.

NRS 533.363            State Engineer to notify county commissioners of application to use water in county other than that in which it is appropriated or currently diverted or used.

NRS 533.365            Interested person may file verified protest with State Engineer against granting of application; notice to applicant of protest; rules of practice for hearing; technical rules of evidence do not apply.

NRS 533.367            Requirement to 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; cost of study paid by applicant; regulations.

NRS 533.369            Special Account for Studies Concerning Water: Deposits; interest and income; limitation on use of money; refund of money to applicant; balance does not revert to State General Fund.

NRS 533.370            Approval or rejection of application by State Engineer: Conditions; exceptions; considerations; procedure.

NRS 533.371            Rejection of application for permit for specified period.

NRS 533.372            Approval or rejection of application to use water to generate energy for export.

NRS 533.375            State Engineer may require additional information before approval or rejection of application.

NRS 533.380            Time for completion of work and application of water to beneficial use; limitations and extensions.

NRS 533.382            Form, acknowledgment and recording of conveyance.

NRS 533.383            Effect of recording or failing to record deed of conveyance.

NRS 533.384            Filings required by person to whom conveyance is made.

NRS 533.386            Duties of State Engineer concerning conveyances; administrative action required upon entry of final judgment of court.

NRS 533.387            Inapplicability of certain provisions to conveyance of shares of stock in ditch company.

NRS 533.390            Statement of work actually constructed; verification; penalty for failure to file proof of completion of work.

NRS 533.395            State Engineer may require proof of good faith and reasonable diligence; cancellation of permit; review of cancellation; considerations when reviewing extension of time.

NRS 533.400            Verified statement to be filed with State Engineer by holder of permit within time set in endorsement on permit: Contents of statement; proof of beneficial use.

NRS 533.405            State Engineer may require map; contents.

NRS 533.410            Cancellation of permit for failure to file proof of application of water to beneficial use and accompanying map; notice to holder of permit; extensions of time.

NRS 533.415            State Engineer may refuse to file maps not conforming to statutory provisions or his regulations.

NRS 533.420            Surveyor or engineer may be barred from practice before State Engineer for swearing falsely.

NRS 533.425            Issuance and contents of certificate of appropriation; notice of provisions governing forfeiture and abandonment of rights to underground water.

NRS 533.430            Permits and certificates of appropriation subject to existing rights.

NRS 533.435            Fees of State Engineer.

 

Environmental Permits

NRS 533.437            “Environmental permit” defined.

NRS 533.4373          Application for environmental permit: Contents; fee.

NRS 533.4375          Approval of application by State Engineer: Conditions.

NRS 533.4377          Limitation on period for which permit may be issued; change of use for which permit is issued prohibited.

 

Transfer of Water From County of Origin to Another County

NRS 533.438            Imposition of fee on certain transfers of water by county of origin; review by State Engineer; limitation on use of money collected from fee. [Effective through December 31, 2006.]

NRS 533.438            Imposition of fee on certain transfers of water by county of origin; review by State Engineer; limitation on use of money collected from fee. [Effective January 1, 2007.]

NRS 533.4385          Plan to mitigate adverse economic effects caused by transfer of water; contents of plan; modification of plan by State Engineer.

RESERVOIRS

NRS 533.440            Permits: Primary and secondary; application; issuance of certificates.

NRS 533.445            Use of bed of stream or other watercourse to carry water to consumers; duties and expenses of State Engineer.

JUDICIAL REVIEW AND APPEALS

NRS 533.450            Orders and decisions of State Engineer subject to judicial review; procedure; appeals; appearance by Attorney General.

NRS 533.455            Appeals by State Engineer to Supreme Court.

UNLAWFUL ACTS AND PENALTIES

NRS 533.460            Unauthorized use or willful waste of water; prima facie evidence.

NRS 533.465            Interference with headgate, water box or water; prima facie evidence.

NRS 533.470            Employment of guards to prevent unlawful diversions of water; payment of guards’ salaries.

NRS 533.475            Power of State Engineer and assistants to make arrests.

NRS 533.480            Penalties.

USE OF WATER FOR WATERING LIVESTOCK

NRS 533.485            Definitions.

NRS 533.490            Watering livestock declared beneficial use.

NRS 533.492            Subsisting right to water livestock: Manner of proof; marking of location of right.

NRS 533.493            Recognition of adjudicated rights to water livestock from streams by State Engineer.

NRS 533.495            Subsisting rights not to be impaired.

NRS 533.500            Duties of State Engineer concerning approval and rejection of application.

NRS 533.503            Restrictions on issuance of permit or certificate regarding appropriation to water livestock.

NRS 533.505            Unlawful acts; penalties.

NRS 533.510            Prior rights not affected.

MISCELLANEOUS PROVISIONS

NRS 533.515            Permit for appropriation of water or application to change point of diversion if point of diversion or portion of works is outside state.

NRS 533.520            Application for permit to appropriate water for use outside State; change point of diversion for use outside State or change place of use to location outside of State; approval of application by State Engineer; conditions.

NRS 533.524            Appropriation from interstate streams: Right of appropriation having point of diversion and place of use in another state.

NRS 533.525            Stored water may be conveyed through streams and reclaimed; conditions.

NRS 533.530            Unlawful diversion and waste of water; penalty.

NRS 533.535            Consent to use of Lake Tahoe by United States for reservoir purposes in connection with Truckee-Carson reclamation project.

NRS 533.540            Procedure for refund of water district’s money; conditions.

NRS 533.545            Hearings before State Engineer: Issuance and enforcement of subpoenas.

NRS 533.550            Sale or lease of water right by public body.

_________

GENERAL PROVISIONS

      NRS 533.010  “Person” defined.  As used in this chapter, “person” includes the United States and this State.

      [48:140:1913; 1919 RL p. 3235; NCL § 7933]—(NRS A 1985, 522)

      NRS 533.015  “State Engineer” defined.  As used in this chapter, “State Engineer” shall be deemed to mean the State Engineer or any duly authorized assistant.

      [49:140:1913; 1919 RL p. 3235; NCL § 7934]

      NRS 533.020  “Stream system” defined.  As used in this chapter, “stream system” shall be interpreted as including any stream, together with its tributaries and all streams or bodies of water to which the same may be tributary.

      [47:140:1913; 1919 RL p. 3235; NCL § 7932]

      NRS 533.023  “Wildlife purposes” defined.  As used in this chapter, “wildlife purposes” includes the watering of wildlife and the establishment and maintenance of wetlands, fisheries and other wildlife habitats.

      (Added to NRS by 1989, 1733)

      NRS 533.024  Legislative declaration.  The Legislature declares that:

      1.  It is the policy of this State:

      (a) To encourage and promote the use of effluent, where that use is not contrary to the public health, safety or welfare, and where that use does not interfere with federal obligations to deliver water of the Colorado River.

      (b) To recognize the importance of domestic wells as appurtenances to private homes, to create a protectible interest in such wells and to protect their supply of water from unreasonable adverse effects which are caused by municipal, quasi-municipal or industrial uses and which cannot reasonably be mitigated.

      2.  The procedures in this chapter for changing the place of diversion, manner of use or place of use of water, and for confirming a report of conveyance, are not intended to have the effect of quieting title to or changing ownership of a water right and that only a court of competent jurisdiction has the power to determine conflicting claims to ownership of a water right.

      (Added to NRS by 1991, 296; A 1993, 2640; 2001, 551; 2005, 2560)

      NRS 533.025  Water belongs to public.  The water of all sources of water supply within the boundaries of the State whether above or beneath the surface of the ground, belongs to the public.

      [1:140:1913; 1919 RL p. 3225; NCL § 7890]

      NRS 533.030  Appropriation for beneficial use; use for recreational purpose declared beneficial; limitations and exceptions.

      1.  Subject to existing rights, and except as otherwise provided in this section, all water may be appropriated for beneficial use as provided in this chapter and not otherwise.

      2.  The use of water, from any stream system as provided in this chapter and from underground water as provided in NRS 534.080, for any recreational purpose, is hereby declared to be a beneficial use.

      3.  Except as otherwise provided in subsection 4, in any county whose population is 400,000 or more:

      (a) The board of county commissioners may prohibit or restrict by ordinance the use of water and effluent for recreational purposes in any man-made lake or stream located within the unincorporated areas of the county.

      (b) The governing body of a city may prohibit or restrict by ordinance the use of water and effluent for recreational purposes in 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 to subsection 3 do not apply to:

      (a) Water stored in a man-made reservoir for use in flood control, in meeting peak water demands or for purposes relating to the treatment of sewage;

      (b) Water used in a mining reclamation project; or

      (c) A body of water located in a recreational facility that is open to the public and owned or operated by the United States or the State of Nevada.

      [2:140:1913; 1919 RL p. 3225; NCL § 7891]—(NRS A 1969, 141; 1981, 658; 1985, 1301; 1989, 535, 1444; 1995, 2659)

      NRS 533.035  Beneficial use: Basis, measure and limit of right to use.  Beneficial use shall be the basis, the measure and the limit of the right to the use of water.

      [3:140:1913; 1919 RL p. 3225; NCL § 7892]

      NRS 533.037  Determination of priority of water right acquired for use in federal reclamation project; no additional water rights granted.

      1.  The priority of a water right acquired by a person for use in a federal reclamation project is determined according to the date on which the United States appropriated water for initiation of the project. Notwithstanding the fact that the water right so appropriated and acquired may ultimately vest in the name of the person at a later date, all such water rights so acquired are governed by the applicable law of this State in effect on the date on which the United States appropriated water for initiation of the project, unless the water rights vested under the law in this State before the time the United States first appropriated or otherwise acquired the water for initiation of the project. If the water right vested under the law in this State before appropriation or acquisition by the United States, the date of initiation of the water right is determined according to the date on which the water was first diverted under that appropriation or acquisition by the United States.

      2.  No water rights, in addition to those allocated under applicable court decrees, are granted, stated or implied by the determination of the date of priority pursuant to subsection 1.

      (Added to NRS by 1999, 2630)

      NRS 533.040  Water used for beneficial purposes to remain appurtenant to place of use; exceptions.

      1.  Except as otherwise provided in this section, any water used in this State for beneficial purposes shall be deemed to remain appurtenant to the place of use.

      2.  If at any time it is impracticable to use water beneficially or economically at the place to which it is appurtenant, the right may be severed from the place of use and be simultaneously transferred and become appurtenant to another place of use, in the manner provided in this chapter, without losing priority of right.

      3.  The provisions of this section do not apply to a ditch or canal company that appropriates water for diversion and transmission to the lands of private persons for an annual charge.

      4.  For the purposes of this section, a surface water right acquired by a water user in a federal reclamation project may be considered appurtenant to an entire farm, instead of specifically identifiable land within that farm, upon the granting of a permit for the change of place of use 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 total amount determined by applicable decrees as designated in the permit granted by the State Engineer.

      5.  For the purposes of this section, a water right acquired for watering livestock by a person who owns, leases or otherwise possesses a legal or proprietary interest in the livestock being watered is appurtenant to:

      (a) The land on which the livestock is watered if the land is owned by the person who possesses a legal or proprietary interest in the livestock; or

      (b) Other land which is located in this State, is benefited by the livestock being watered and is capable of being used in conjunction with the livestock operation of the person who owns the land if that land is owned by the person who possesses the legal or proprietary interest in the livestock being watered.

      6.  The provisions of subsection 5 must not be construed:

      (a) To impair a vested right or other existing water right established before June 12, 2003, of a person to the use of water for the purpose of watering livestock; or

      (b) To prevent any transfer of ownership of a water right for the purpose of watering livestock.

      7.  As used in this section, “farm” means a tract of land under the same ownership that is primarily used for agricultural purposes.

      [4:140:1913; 1919 RL p. 3225; NCL § 7893]—(NRS A 1999, 2630; 2003, 3410)

      NRS 533.045  Right to divert ceases when necessity for use does not exist. When the necessity for the use of water does not exist, the right to divert it ceases, and no person shall be permitted to divert or use the waters of this State except at such times as the water is required for a beneficial purpose.

      [5:140:1913; 1919 RL p. 3226; NCL § 7894]

      NRS 533.050  Beneficial use of water declared a public use; eminent domain.  The beneficial use of water is hereby declared a public use, and any person may exercise the right of eminent domain to condemn all lands and other property or rights required for the construction, use and maintenance of any works for the lawful diversion, conveyance and storage of waters.

      [6:140:1913; 1919 RL p. 3226; NCL § 7895]

      NRS 533.055  Storage of water for beneficial purpose; claiming and diversion of water turned into natural channel or watercourse.  Water may be stored for a beneficial purpose. Water turned into any natural channel or watercourse by any person entitled to the use thereof, whether stored in Nevada or in an adjoining state, may be claimed for beneficial use below, and diverted from the channel or watercourse by such person, subject to existing rights, due allowance for losses to be made, as determined by the State Engineer.

      [7:140:1913; 1919 RL p. 3226; NCL § 7896]

      NRS 533.060  Right to use limited to amount necessary; loss or abandonment of rights; no acquisition of prescriptive right; reservation of rights by State.

      1.  Rights to the use of water must be limited and restricted to as much as may be necessary, when reasonably and economically used for irrigation and other beneficial purposes, irrespective of the carrying capacity of the ditch. The balance of the water not so appropriated must be allowed to flow in the natural stream from which the ditch draws its supply of water, and must not be considered as having been appropriated thereby.

      2.  Rights to the use of surface water shall not be deemed to be lost or otherwise forfeited for the failure to use the water therefrom for a beneficial purpose.

      3.  A surface water right that is appurtenant to land formerly used primarily for agricultural purposes is not subject to a determination of abandonment if the surface water right:

      (a) Is appurtenant to land that has been converted to urban use; or

      (b) Has been dedicated to or acquired by a water purveyor, public utility or public body for municipal use.

      4.  In a determination of whether a right to use surface water has been abandoned, a presumption that the right to use the surface water has not been abandoned is created upon the submission of records, photographs, receipts, contracts, affidavits or any other proof of the occurrence of any of the following events or actions within a 10-year period immediately preceding any claim that the right to use the water has been abandoned:

      (a) The delivery of water;

      (b) The payment of any costs of maintenance and other operational 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 to the delivery of the water.

      5.  A prescriptive right to the use of the water or any of the public water appropriated or unappropriated may not be acquired by adverse possession. Any such right to appropriate any of the water must be initiated by applying to the State Engineer for a permit to appropriate the water as provided in this chapter.

      6.  The State of Nevada reserves for its own present and future use all rights to the use and diversion of water acquired pursuant to chapter 462, Statutes of Nevada 1963, or otherwise existing within the watersheds of Marlette Lake, Franktown Creek and Hobart Creek and not lawfully appropriated on April 26, 1963, by any person other than the Marlette Lake Company. Such a right must not be appropriated by any person without the express consent of the Legislature.

      [8:140:1913; A 1917, 353; 1949, 102; 1943 NCL § 7897]—(NRS A 1979, 1161; 1999, 2631)

      NRS 533.065  Standards of measurement.

      1.  A cubic foot of water per second of time shall be the legal standard for the measurement of water in this state.

      2.  The unit of volume shall be an acre-foot defined as 43,560 cubic feet.

      3.  Where necessary to transpose miner’s inches to cubic feet per second, 1 cubic foot per second shall be considered equal to 40 miner’s inches; but the term “miner’s inch” shall not be used henceforth in any permit or adjudicated right issuing from the Office of the State Engineer without first naming the amount in cubic feet per second or in acre-feet.

      [9:140:1913; 1919 RL p. 3226; NCL § 7898]

      NRS 533.070  Quantity of water appropriated limited to amount reasonably required for beneficial use; duties of State Engineer in connection with water diverted or stored for purpose of irrigation.

      1.  The quantity of water from either a surface or underground source which may hereafter be appropriated in this state shall be limited to such water as shall reasonably be required for the beneficial use to be served.

      2.  Where the water is to be diverted for irrigation purposes, or where the water is to be stored for subsequent irrigation purposes, the State Engineer in determining the amount of water to be granted in a permit to appropriate water shall take into consideration the irrigation requirements in the section of the State in which the appropriation is to be made. The State Engineer shall consider the duty of water as theretofore established by court decree or by experimental work in such area or as near thereto as possible. He shall also consider the growing season, type of culture, and reasonable transportation losses of water up to where the main ditch or channel enters or becomes adjacent to the land to be irrigated, and may consider any other pertinent data deemed necessary to arrive at the reasonable duty of water. In addition, in the case of storage of water, reservoir evaporation losses should be taken into consideration in determining the acre-footage of storage to be granted in a permit.

      [11:140:1913; A 1945, 87; 1943 NCL § 7899]

      NRS 533.075  Rotation in use of water.  To bring about a more economical use of the available water supply, it shall be lawful for water users owning lands to which water is appurtenant to rotate in the use of the supply to which they may be collectively entitled; or a single water user, having lands to which water rights of a different priority attach, may in like manner rotate in use, when such rotation can be made without injury to lands enjoying an earlier priority, to the end that each user may have an irrigation head of at least 2 cubic feet per second.

      [85:140:1913; 1919 RL p. 3247; NCL § 7971]

      NRS 533.080  State water right surveyors: Certain projects required to be performed by surveyor; qualifications; appointment; regulations; compensation; State Engineer’s Water License Account.

      1.  All maps, surveys and measurements of water required 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 State Engineer unless the survey is made by a state water right surveyor.

      2.  Any licensed professional engineer or land surveyor who has a practical knowledge of surveying or engineering and who is familiar with land surveying and mapping and the measurement of water, and who is of good moral standing, must be considered for appointment as a state water right surveyor upon application to the State Engineer. The application must be in the form prescribed by the State Engineer and accompanied by a fee of $50.

      3.  The State Engineer may require any applicant for appointment to the position of state water right surveyor to pass such reasonable examination as to his qualifications as is provided by the State Engineer.

      4.  Whenever the State Engineer approves the qualifications of an applicant, he shall issue a certificate to the applicant designating him as a state water right surveyor.

      5.  Every water right surveyor’s certificate expires on June 30 of each year unless renewed by application in the form prescribed by the State Engineer. A fee of $20 must be paid each year for renewal. All application and renewal fees must be accounted for in the State Engineer’s Water License Account, which is hereby created in the State General Fund, and must be used to pay costs pertaining to the certificate and renewal and other costs associated with carrying out the provisions of this section.

      6.  An appointment may be revoked by the State Engineer at any time for good cause shown.

      7.  The State Engineer may provide such additional regulations governing the qualifications and official acts of state water right surveyors as are reasonable and not inconsistent with this chapter.

      8.  The State of Nevada is not liable for the compensation of any state water right surveyor, but he is entitled to be paid by the person employing him.

      9.  Officers and employees of the Federal Government are entitled to apply for the position of state water right surveyor and are exempt from the requirement that a state water right surveyor must be a professional engineer or professional land surveyor set forth in subsection 2. Any certificate issued to those officers and employees must include a restriction limiting those officers and employees to work for the Federal Government.

      [91:140:1913; added 1921, 171; NCL § 7978]—(NRS A 1967, 990; 1979, 114; 1991, 62, 1782; 1997, 1069)

      NRS 533.085  Vested rights to water not impaired.

      1.  Nothing contained in this chapter shall impair the vested right of any person to the use of water, nor shall the right of any person to take and use water be impaired or affected by any of the provisions of this chapter where appropriations have been initiated in accordance with law prior to March 22, 1913.

      2.  Any and all appropriations based upon applications and permits on file in the State Engineer’s office on March 22, 1913, shall be perfected 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 533.090  Determination of relative rights of claimants to water of stream or stream system: Petition; order of State Engineer; determination in order of importance.

      1.  Upon a petition to the State Engineer, signed by one or more water users of any stream or stream system, requesting the determination of the relative rights of the various claimants to the waters thereof, the State Engineer shall, if upon investigation he finds the facts and conditions justify it, enter an order granting the petition and shall make proper arrangements to proceed with such determination.

      2.  The State Engineer shall, in the absence of such a petition requesting a determination of relative rights, enter an order for the determination of the relative rights to the use of water of any stream selected by him, commencing on the streams in the order of their importance for irrigation. As soon as practicable after the order is made and entered, the State Engineer shall proceed with such determination as provided in this chapter.

      3.  A water user upon or from any stream or body of water shall be held and deemed to be a water user upon the stream system of which such stream or body of water is a part or tributary.

      [18:140:1913; 1919 RL p. 3227; NCL § 7905]

      NRS 533.095  Notice of entry of order and pendency of proceedings: Preparation; contents; publication.

      1.  As soon as practicable after the State Engineer shall make and enter the order granting the petition or selecting the streams upon which the determination of rights is to begin, he shall prepare a notice setting forth the fact of the entry of the order and of the pendency of the proceedings.

      2.  The notice shall:

      (a) Name a date when the State Engineer or his assistants shall begin the examination.

      (b) Set forth that all claimants to rights in the waters of the stream system are required, as provided in this chapter, to make proof of their claims.

      3.  The notice shall be published for a period of 4 consecutive weeks in one or more newspapers of general circulation within the boundaries of the stream system.

      [19:140:1913; 1919 RL p. 3228; NCL § 7906]

      NRS 533.100  Investigation of flow of stream and ditches by State Engineer; preparation of surveys and maps.

      1.  At the time set in the notice, the State Engineer shall begin an investigation of the flow of the stream and of the ditches diverting water, and of the lands irrigated therefrom, and shall gather such other data and information as may be essential to the proper determination of the water rights in the stream.

      2.  He shall:

      (a) Reduce his observations and measurements to writing.

      (b) Execute surveys or cause them to be executed.

      (c) Prepare, or cause to be prepared, maps from the observations of such surveys in accordance with such uniform rules and regulations as he may adopt.

      3.  The surveys and maps shall show with substantial accuracy:

      (a) The course of the stream.

      (b) The location of each ditch or canal diverting water therefrom, together with the point of diversion thereof.

      (c) The area and outline of each parcel of land upon which the water of the stream has been employed for the irrigation of crops or pasture.

      (d) The kind of culture upon each of the parcels of land.

      4.  The map shall be prepared as the surveys and observations progress, and, when completed, shall be filed and made of record in the office of the State Engineer. Such map for original filing in his office shall 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 533.105  Use of data compiled by United States Geological Survey or other persons; remission of proportionate cost of preparation.

      1.  If satisfactory data are available from the measurements and areas compiled by the United States Geological Survey or other persons, the State Engineer may dispense with the execution of such surveys and the preparation of such maps and stream measurements, except insofar as is necessary to prepare them to conform with the rules and regulations, as provided in NRS 533.100.

      2.  If the surveys are executed and maps are prepared and filed with the State Engineer at the instance of the person claiming a right to the use of water, the proportionate cost thereof, as determined by the State Engineer, to be assessed and collected for the adjudication of the relative rights, as provided in this chapter, shall be remitted to the claimant after the completion of the determination; but the map must conform with the rules and regulations of the State Engineer and shall be accepted only after the State Engineer is satisfied that the data shown thereon are substantially correct. Such measurements, maps and determinations shall be exhibited for inspection at the time of taking proofs and during the period during which such proofs and evidence are kept open for inspection in accordance with the provisions of this chapter.

      [21:140:1913; 1919 RL p. 3228; NCL § 7908]

      NRS 533.110  Notice of commencement of taking of proofs as to rights; time for filing; publication and mailing of notice.

      1.  Upon the filing of such measurements, maps and determinations, the State Engineer shall prepare a notice setting forth the date when the State Engineer is to commence the taking of proofs as to the rights in and to the waters of the stream system, and the date prior to which the same must be filed. The date set prior to which the proofs must be filed shall not be less than 60 days from the date set for the commencement of the taking of proofs. The notice shall be deemed to be an order of the State Engineer as to its contents. The State Engineer shall cause the notice to be published for a period of 4 consecutive weeks in one or more newspapers of general circulation within the boundaries of the stream system, the date of the last publication of the notice to be not less than 15 days prior to the date fixed for the commencement of the taking of proofs by the State Engineer.

      2.  At or near the time of the first publication of the notice, the State Engineer shall send by registered or certified mail to each person, or deliver to each person, in person, hereinafter designated as claimant, claiming rights in or to the waters of the stream system, insofar as such claimants can be reasonably ascertained, a notice equivalent in terms to the published notice setting forth the date when the State Engineer will commence the taking of proofs, and the date prior to which proofs must be filed with the State Engineer. The notice must be mailed at least 30 days prior to the date fixed for the commencement of the taking of proofs.

      [22:140:1913; 1919 RL p. 3229; NCL § 7909]—(NRS A 1967, 188)

      NRS 533.115  Blank forms enclosed with notice; contents of statement.  The State Engineer shall, in addition, enclose with the notice to be mailed as provided in NRS 533.110, blank forms upon which the claimant shall present in writing all particulars necessary for the determination of his right in or to the waters of the stream system, the statement to include the following:

      1.  The name and post office address of the claimant.

      2.  The nature of the right or use on which the claim for appropriation is based.

      3.  The time of the initiation of such right and a description 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 of enlargements.

      7.  The dimensions of the ditch as originally constructed and as enlarged.

      8.  The date when water was first used for irrigation or other beneficial purposes and, if used for irrigation, the amount of land reclaimed the first year, the amount in subsequent years, with the dates of reclamation, and the area and location of the lands which are intended to be irrigated.

      9.  The character of the soil and the kind of crops cultivated, the number of acre-feet of water per annum required to irrigate the land, and such other facts as will show the extent and nature of the right and a compliance with the law in acquiring the same, as may be required by the State Engineer.

      [23:140:1913; 1919 RL p. 3229; NCL § 7910]

      NRS 533.120  Statements to be certified under oath; no fee for administering or furnishing blank form.

      1.  Each claimant shall be required to certify to his statement under oath. The State Engineer and his assistants authorized to take proofs are hereby authorized to administer such oaths.

      2.  Oaths shall be administered and blank forms furnished by the State Engineer and his assistants without charge.

      [24:140:1913; 1919 RL p. 3230; NCL § 7911]

      NRS 533.125  Commencement of taking of proofs; extension of time; determination of rights if claimant neglects or refuses to make proof.

      1.  The State Engineer shall commence the taking of proofs on the date fixed and named in the notice provided for in NRS 533.110 for the commencement of the taking of proofs. He shall proceed therewith during the period fixed by him and named in the notice, after which no proofs shall be received by or filed by the State Engineer. The State Engineer may, in his discretion, for cause shown, extend the time in which proofs may be filed.

      2.  Upon neglect or refusal of any person to make proof of his claim or rights in or to the waters of such stream system, as required by this chapter, prior to the expiration of the period fixed by the State Engineer during which proofs may be filed, the State Engineer shall determine the right of such person from such evidence as he may obtain or may have on file in his office in the way of maps, plats, surveys and transcripts, and exceptions 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 533.130  Petition to intervene may be filed by interested person not served; contents.

      1.  Any person interested in the water of any stream upon whom no service of notice shall have been had of the pendency of proceedings for the determination of the relative rights to the use of water of such stream system, and who shall have no actual knowledge or notice of the pendency of the proceedings, may, at any time prior to the expiration of 6 months after the entry of the determinations of the State Engineer, file a petition to intervene in the proceedings.

      2.  Such petition shall be under oath and shall contain, among other things:

      (a) All matters required by this chapter of claimants who have been duly served with notice of the proceedings; and

      (b) A statement that the intervener had no actual knowledge of notice of the pendency of the proceedings.

      3.  Upon the filing of the petition in intervention granted by the State Engineer, the petitioner shall be allowed to intervene upon such terms as may be equitable, and thereafter shall have all rights vouchsafed by this chapter to claimants who have been duly served.

      [26:140:1913; 1919 RL p. 3230; NCL § 7913]

      NRS 533.135  Fees of State Engineer.

      1.  At the time of submission of proofs of appropriation, where the necessary maps are prepared by the State Engineer, the fee collected from any claimants must be the actual cost of the survey and the preparation of maps.

      2.  The State Engineer shall collect a fee of $50 for a proof of water used for watering livestock or wildlife purposes. He shall collect a fee of $100 for any other character of claim to water.

      3.  All fees collected as provided in this section must be 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 533.140  Preparation and printing of abstract of proofs; preliminary order of determination; notice of availability of evidence and proofs for inspection; service of notice and preliminary order; State Engineer to be present during period that evidence and proofs are available for inspection.

      1.  As soon as practicable after the expiration of the period fixed in which proofs may be filed, the State Engineer shall assemble all proofs which have been filed with him, and prepare, certify and have printed an abstract of all such proofs. The State Engineer shall also prepare from the proofs and evidence taken or given before him, or obtained by him, a preliminary order of determination establishing the several rights of claimants to the waters of the stream.

      2.  When the abstract of proofs and the preliminary order of determination is completed, the State Engineer shall then prepare a notice fixing and setting a time and place when and where the evidence taken by or filed with him and the proofs of claims must be open to the inspection of all 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 matters contained therein.

      3.  A copy of the notice, together with a printed copy of the preliminary order of determination and a printed copy of the abstract of proofs, must be delivered by the State Engineer, or sent by registered or certified mail, at least 30 days before the first day of such period of inspection, to each person who has appeared and filed proof, as provided in this section.

      4.  The State Engineer shall be present at the time and place designated in the notice and allow, during that period, any persons interested to inspect such evidence and proof as have been filed with or taken by 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; 2005, 1092)

      NRS 533.145  Objections to preliminary order of determination; form and contents of objection.

      1.  Any person claiming any interest in the stream system 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 of determination made by the State Engineer by filing objections with the State Engineer within 30 days after the evidence and proofs, as provided in NRS 533.140, shall have been opened to public inspection, or within such further time as for good cause shown may be allowed by the State Engineer upon application.

      2.  Such objections shall be verified by the affidavit of the objector, his agent or attorney, and shall state with reasonable certainty the grounds of objection.

      [29:140:1913; A 1921, 171; NCL § 7916]

      NRS 533.150  Hearings of objections to preliminary order of determination: Contents and service of notice; procedure; witnesses; evidence.

      1.  The State Engineer shall fix a time and place for the hearing of objections, which date must not be less than 30 days nor more than 60 days after the date the notice is served on the persons who are, or may be, affected thereby. The notice may be sent by registered or certified mail to the persons to be affected by the objections, and the receipt therefor constitutes legal and valid proof of service. The notice may also be served by the State Engineer, or by any person, appointed by him, qualified and competent to serve a summons in civil actions. Return thereof must be made in the same manner as in civil actions in the district courts of this state.

      2.  The State Engineer may adjourn hearings from time to time upon reasonable notice to all parties interested. Depositions may be taken by any person authorized to administer oaths and designated by the State Engineer or the parties in interest, and oral testimony may be introduced in all hearings.

      3.  Witnesses are entitled to receive fees as in civil cases, to be paid by the party calling those witnesses.

      4.  The evidence in the proceedings must be confined to the subjects enumerated in the objections and the preliminary order of determination. All testimony taken at the hearings must be reported and transcribed in its entirety.

      [30:140:1913; A 1915, 378; 1921, 171; NCL § 7917]—(NRS A 1967, 189; 1981, 88; 1989, 406)

      NRS 533.155  Daily deposit by each party.  The State Engineer shall require daily from each party while engaged in taking evidence on objections a deposit sufficient to pay the cost of reporting and transcribing testimony and to pay any necessary transportation and subsistence expenses of the reporter.

      [32:140:1913; A 1921, 171; NCL § 7919]—(NRS A 1957, 530)

      NRS 533.160  Entry of order of determination after hearing of objections to preliminary order; legal effect of order; certification, printing and service of order.

      1.  As soon as practicable after the hearing of objections to the preliminary order of determination, the State Engineer shall make 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. The order of determination, when filed with the clerk of the district court as provided in NRS 533.165, has the legal effect of a complaint in a civil action.

      2.  The order of determination must be certified by the State Engineer, who shall have printed as many copies of the order of determination as required. A copy of the order of determination must be sent by registered or certified mail or delivered in person to each person who has filed proof of claim and to each person who has become interested through intervention or through filing of objections under the provisions of NRS 533.130 or 533.145.

      [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 533.165  Certified copy of order of determination to be filed with county clerk of county where stream system located; procedure when stream system in two or more judicial districts; order setting time for hearing; service and publication of order.

      1.  As soon as practicable thereafter, a certified copy of the order of determination, together with the original evidence and transcript of testimony filed with, or taken before, the State Engineer, duly certified by him, shall be filed with the clerk of the county, as ex officio clerk of the district court, in which the stream system is situated, or, if in more than one county but all within one judicial district, then with the clerk of the county wherein reside the largest number of parties in interest.

      2.  If such stream system shall be in two or more judicial districts, then the State Engineer shall notify the district judge of each of such judicial districts of his intent to file such order of determination, whereupon, within 10 days after receipt of such notice, such judges shall confer and agree where the court proceedings under this chapter shall be held and upon the judge who shall preside, and on notification thereof the State Engineer shall file the order of determination, evidence and transcripts with the clerk of the court so designated.

      3.  If such district judges fail to notify the State Engineer of their agreement, as provided in subsection 2, within 5 days after the expiration of such 10 days, then the State Engineer may file such order of determination, evidence and transcript with the clerk of any county he may elect, and the district judge of such county shall have jurisdiction over the proceedings in relation thereto.

      4.  If the judge so selected and acting shall retire from office, or be removed from office or be disqualified, for any cause, then the judge of the district court having jurisdiction of the proceedings shall act as the judge on the matter or shall select the judge to preside in such matter.

      5.  In all instances a certified copy of the order of determination shall be filed with the county clerk of each county in which such stream 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 proceedings are to be had, the State Engineer shall procure an order from the court setting the time for hearing. The clerk of such court shall immediately furnish the State Engineer with a certified copy thereof. The State Engineer immediately thereupon shall mail a copy of such certified order of the court, by registered or certified mail, addressed to each party in interest at his last known place of residence, and shall cause the same to be published at least once a week for 4 consecutive weeks in some newspaper of general circulation published in each county in which such stream system or any part thereof is located. The State Engineer shall file with the clerk of the court proof of such service by registered or certified mail and by publication. Such service by registered or certified mail and by publication shall be deemed full and sufficient notice to all 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 533.170  Exceptions to order of determination: Filing and service; pleadings; findings of fact, judgment and decree; service of findings of fact and cost bill.

      1.  At least 5 days prior to the date set for hearing, all parties in interest who are aggrieved or dissatisfied with the order of determination of the State Engineer shall file with the clerk of the court notice of exceptions to the order of determination of the State Engineer. The notice shall state briefly the exceptions taken and the prayer for relief. A copy thereof shall be served upon or transmitted to the State Engineer by registered or certified mail.

      2.  The order of determination by the State Engineer and the statements or claims of claimants and exceptions made to the order of determination shall constitute the pleadings, and there shall be no other pleadings in the cause.

      3.  If no exceptions shall have been filed with the clerk of the court as provided in subsection 1, then on the day set for hearing the court may take further testimony if deemed proper, and shall then enter its findings of fact and judgment and decree.

      4.  On the day set for hearing, all parties in interest who have filed notices of exceptions, as provided in subsection 1, shall appear in person or by counsel, and the court shall hear the same or set the time for hearing, until such exceptions are disposed of.

      5.  All proceedings thereunder, including the taking of testimony, shall be as nearly as may be in accordance with the Nevada Rules of Civil Procedure; but the provisions of the Nevada Rules of Civil Procedure and NRS 18.110 shall not apply respecting the service of proposed findings of fact and decree or service and filing of a cost bill, and service shall be made in the following manner. All claimants who have filed exceptions or objections to the final order of determination shall be served with a copy of the proposed findings of fact and decree by serving the attorney who appeared for such claimants in the proceedings. All claimants or water users who have not filed exceptions or objections to the final order of determination shall be served with a copy of the proposed findings of fact and decree by serving a copy thereof on the Attorney General. Such service, in each instance, shall be made at least 30 days before the findings of fact and decree shall be signed by the court, and the court shall not sign any findings of fact therein prior to the expiration of such 30 days. The cost bill shall be prepared and filed with the clerk of the court wherein the proceedings are pending, and it shall not be necessary to serve any of the exceptors, claimants or appropriators or their attorneys with a copy of the cost bill.

      [35:140:1913; A 1915, 378; 1921, 171; 1927, 334; NCL § 7922]—(NRS A 1969, 95)

      NRS 533.175  Employment of experts by court.  For further information on any subject in controversy the court may employ one or more qualified persons to investigate and report thereon, under oath, subject to examination by any party in interest as to his competency to give expert testimony thereon.

      [Part 36:140:1913; A 1915, 378; 1931, 413; 1937, 327; 1931 NCL § 7923]

      NRS 533.180  Court may refer case to State Engineer for further evidence. The court may, if necessary, refer the case or any part thereof for such further evidence to be taken by the State Engineer as it may direct, and may require a further determination by him, subject to the court’s instructions.

      [Part 36:140:1913; A 1915, 378; 1931, 413; 1937, 327; 1931 NCL § 7923]

      NRS 533.185  Entry of judicial decree; delivery and filing of final judgment.  After the hearing the court shall enter a decree affirming or modifying the order of the State Engineer. Within 30 days after the entry of final judgment by the district court, or if an appeal is taken, within 30 days after the entry of the final judgment by the appellate court or within 30 days after the entry of the final judgment after remand, the clerk of the court issuing the final judgment shall:

      1.  Deliver to the State Engineer a certified copy of the final judgment; and

      2.  Cause a certified copy of the final judgment to be filed in the office of the county recorder in each county in which the water adjudicated is applied to beneficial use and in each county in which the water adjudicated 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 533.190  Costs: Assessment by court; entry of charges on assessment roll; collection and disposition of money.

      1.  At any time in the course of the hearings, the court may, in its discretion, by order assess and adjudge against any party such costs as it deems just and equitable or may so assess the costs in proportion to the amount of water right standing allotted at that time, or the court may assess and adjudge such costs and expenses in its final judgment upon the signing, entry and filing of its formal findings of fact, conclusions of law and decree adjudicating the water rights against any party as it deems just and equitable, or may so assess the costs in proportion to the amount of water right allotted and decreed in the final judgment.

      2.  After the making, entry and filing by the court of the first findings of fact, conclusions of law and decree made, entered and filed by the court in any such water adjudication as distinguished from the first proposed findings of fact, conclusions of law and decree, the court shall assess all costs and expenses against the loser or losers, in any and all subsequent proceedings in any such water adjudication.

      3.  If costs are assessed or allowed as provided for in this section and in NRS 533.170 and allotted, the State Engineer, within 60 days after such filing and entry, as above described, shall certify to the boards of county commissioners of the respective counties wherein the stream system is situate either the amount of acreage set forth in the order of determination to which water has been allotted, or the respective water rights against which such costs have been assessed by the court, and the charges against each water user in accordance with the court’s judgment and allocation of costs. Upon receipt of the certificate from the State Engineer by the board of county commissioners, the board of county commissioners shall certify the respective charges contained therein to the county 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 roll against the claimant’s property or acreage served.

      4.  The proper officer of the county shall collect the assessment as other assessments are levied and collected, and the assessment is a lien upon the property so served and must be collected in the same manner as other assessments are collected, but such costs must be collected in equal installments over 2 fiscal years.

      5.  When the assessments are collected, the person collecting the assessments shall transmit the money collected to the State Treasurer at the time he transmits other assessments collected by him as provided by law, and the State Treasurer shall deposit the money in the Adjudication Emergency Account provided for in NRS 532.200, out of which costs and expenses must be paid in the manner provided by law.

      [Part 36:140:1913; A 1915, 378; 1931, 413; 1937, 327; 1931 NCL § 7923]—(NRS A 1991, 1783; 1995, 220)

      NRS 533.195  Powers of successor judge; inapplicability of NRS 3.180.

      1.  Whenever a judge before whom a proceeding for the adjudication of a stream system is pending and not yet completed shall cease to be such judge from any cause whatsoever, his successor, to whom such proceeding may be assigned or a part of whose duty it becomes to preside in such proceeding, may do all things in and about such adjudication that may be necessary and proper, and may hear and decide all matters in connection therewith or relating thereto and make all orders, decisions, findings of fact, conclusions of law, judgments, decrees, and do all things necessary to complete the adjudication of such stream system to the full extent and the same as though he had been the presiding judge in such proceeding from the commencement thereof.

      2.  NRS 3.180 shall not apply to such stream system adjudication proceedings.

      [Part 36:140:1913; A 1915, 378; 1931, 413; 1937, 327; 1931 NCL § 7923]

      NRS 533.200  Appeal from decree to Supreme Court: Procedure; service of notice of appeal.  Appeals from such decree may be taken to the Supreme Court by the State Engineer or any party in interest in the same manner and with the same effect as in civil cases, except as to the following matters. Notice of appeal shall be served upon the attorneys of record for claimants who have filed exceptions or objections to the final order of determination of the State Engineer as provided in NRS 533.170, and all claimants or water users who have not filed exceptions or objections to the final order of determination or appeared in the cause by an attorney shall be served with a copy of notice of appeal by the service of a copy thereof on the Attorney General as their process agent.

      [Part 36:140:1913; A 1915, 378; 1931, 413; 1937, 327; 1931 NCL § 7923]

      NRS 533.205  Motion for new trial: Service of notice of intention to move for new trial.  Notice of intention to move for a new trial shall be served upon the attorneys of record for claimants who have filed exceptions or objections to the final order of determination of the State Engineer as provided in NRS 533.170, and all claimants or water users who have not filed exceptions or objections to the final order of determination or appeared in the cause by an attorney shall be served with a copy of notice of intention to move for a new trial by the service of a copy thereof on the Attorney General as their process agent.

      [Part 36:140:1913; A 1915, 378; 1931, 413; 1937, 327; 1931 NCL § 7923]

      NRS 533.210  Finality of decree; application for modification within 3 years after entry; limitations on modification; notice of application.

      1.  The decree entered by the court, as provided by NRS 533.185, shall be final and shall be conclusive upon all persons and rights lawfully embraced within the adjudication; but the State Engineer or any party or adjudicated claimant upon any stream or stream system affected by such decree may, at any time within 3 years from the entry thereof, apply to the court for a modification of the decree, insofar only as the decree fixed the duty of water, and upon the hearing of such motion the court may modify such decree increasing or decreasing the duty of water, consistent with good husbandry, and consistent with the principle that actual and beneficial use shall be the measure and limit of the right.

      2.  Notice of application shall be given as in civil cases.

      [36a:140:1913; added 1921, 171; NCL § 7924]

      NRS 533.215  Waiver of notices by claimants or appropriators.  Whenever there are 10 or less appropriators or claimants upon a stream system, and all of such claimants or appropriators in writing waive the provisions of this chapter with reference to notices and the service and publication thereof, as provided in preceding sections, the State Engineer may make an order of determination without the giving, serving or publication of any notices required in this chapter, and may file the same with the district court in the manner prescribed in NRS 533.165. Whereupon, the same steps and proceedings shall be taken and decree entered as if all preliminary notices had been given prior to the making, entering and filing of the order of determination.

      [36b:140:1913; added 1921, 171; NCL § 7925]

      NRS 533.220  Distribution of water; enforcement of order or decision of State Engineer.

      1.  From and after the filing of the order of determination in the district court, the distribution of water by the State Engineer or by any of his assistants or by the water commissioners or their assistants shall, at all times, be under the supervision and control of the district court. Such officers and each of them shall, at all times, be deemed to be officers of the court in distributing water under and pursuant to the order of determination or under and pursuant to the decree of the court.

      2.  Upon the neglect or refusal of any claimant to the use of water as provided in this chapter to carry out or abide by an order or decision of the State Engineer acting as an officer of the court, the State Engineer may petition the district court having jurisdiction of the matter for a review of such order and cause to be issued thereon an order to show cause why the order and decision should not be complied with.

      3.  The order to show cause shall be personally served on the claimant or claimants complained of, who shall appear and show cause on the day fixed in the court’s order so to do.

      4.  The hearing on the petition and order to show cause shall be informal and summary in character, with full opportunity afforded each party to present his case.

      5.  Appeals from the judgment may be taken to the Supreme Court in like manner as appeals in other civil cases; but notice of appeal 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 533.225  County clerk to transmit certified copy of decree to State Engineer; effectiveness of decree.  Immediately upon the entry of any decree by the court, the county clerk shall transmit a certified copy of the decree to the State Engineer, who shall immediately enter the same upon the records of his office. The decree, subject only to the provisions of law relating to appeal and stay of proceedings, shall be in full force and effect.

      [37:140:1913; A 1915, 378; 1919 RL p. 3234; NCL § 7927]

      NRS 533.230  Division of water by State Engineer during time order of determination is pending in district court.  From and after the filing of the order of determination, evidence and transcript with the county clerk, and during the time the hearing of the order is pending in the district court, the division of water from the stream involved in such determination shall be made by the State Engineer in accordance with the order of determination.

      [38:140:1913; A 1915, 378; 1919 RL p. 3234; NCL § 7928]

      NRS 533.235  Operation of order of determination may be stayed by filing bond with court; conditions of bond; duties of State Engineer.

      1.  At any time after the order of determination, evidence and transcript has been filed with the clerk of the court, the operation of the order of determination may be stayed in whole or in part by any party upon filing a bond in the court wherein such determination is pending in such amount as the judge thereof may prescribe, conditioned that such party will pay all damage that may accrue by reason of such determination not being enforced, pending a decree by the court.

      2.  Immediately upon the filing and approval of such bond, the clerk of the court shall transmit to the State Engineer a certified copy of such bond, which shall be recorded in the records of his office, and he shall act in accordance with such stay.

      [39:140:1913; A 1915, 378; 1919 RL p. 3234; NCL § 7929]

      NRS 533.240  All claimants to be made parties in any suit brought to determine rights; State Engineer to prepare hydrographic survey of stream system; costs; transfer of suit to State Engineer for determination.

      1.  In any suit brought in the district court for the determination of a right or rights to the use of water of any stream, all persons who claim the right to use the waters of such stream and the stream system of which it is a part shall be made parties.

      2.  When the suit has been filed, the court shall direct the State Engineer to furnish a complete hydrographic survey of the stream system as provided in NRS 533.100 in order to obtain all physical data necessary to the determination of the rights involved.

      3.  The cost of the suit, including the costs on behalf of the State and of the surveys, shall be charged against each of the private parties thereto based on a determination by the court of the relative merits of the claims made by each of the private parties. The court may assess and charge against any party at any time during the suit an equitable amount to pay the costs of the survey upon its approval of an itemized statement therefor submitted by the State Engineer.

      4.  The court may at any time transfer the suit to the State Engineer for determination as provided in this chapter.

      [45:140:1913; 1919 RL p. 3234; NCL § 7930]—(NRS A 1975, 71)

      NRS 533.250  Admissibility of maps, plats, surveys and evidence on file in office of State Engineer; notice by State Engineer of intention to consider evidence and submission of findings to court.

      1.  Any and all maps, plats, surveys and evidence on file in the office of the State Engineer relating to any proof of appropriation involved in the proceeding for the determination of the relative rights in and to the waters of any stream system, obtained or filed under the provisions of this 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 though obtained and submitted under the provisions of this chapter.

      2.  At least 90 days prior to the rendering of his order of determination of the relative rights in and to the waters of any stream system, the State Engineer shall notify all parties in interest of his intention to consider such maps, plats and evidence, and of his intention to submit his findings to the court under the provisions of this chapter. The notice shall be given in the manner prescribed in NRS 533.110.

      3.  Within 60 days after such notice, any party in interest may file with the State Engineer any additional or supplementary maps, plats, surveys or evidence, or objections to the admissibility of any evidence hitherto presented and on file in the office of the State Engineer, in relation to his claim of water right or adverse to the claim or claims of the water right of any other party or parties in interest, in order so to perfect his claim in accordance with the provisions of this chapter, and the State Engineer shall consider the whole thereof in rendering such order of determination, and the same shall become a part of the record which shall be submitted to the court as provided by NRS 533.165 to 533.235, inclusive.

      [88a:140:1913; added 1915, 378; 1919 RL p. 3248; NCL § 7975]

      NRS 533.255  Submission of findings made before March 25, 1915.  In all cases where the State Engineer has issued findings prior to March 25, 1915, declaring the relative rights of appropriators in and to the waters of any stream system, the same may be submitted to the court under the provisions of NRS 533.165 to 533.235, inclusive.

      [88b:140:1913; added 1915, 378; 1919 RL p. 3249; NCL § 7976]

      NRS 533.260  Regulations of State Engineer requiring blueprints from claimants to be attached to proofs.  The State Engineer shall have power to make and enforce such reasonable rules and regulations for the furnishing by claimants of blueprints of particular parcels of land shown on the map prepared by the State Engineer, and for such supplementary surveys and examinations or such inspection by the State Engineer as may be required, to the end that observations and surveys of the State Engineer may be made, insofar as practicable, available to the claimants for attachment to the proofs to be filed by them.

      [50:140:1913; 1919 RL p. 3235; NCL § 7935]

      NRS 533.265  State Engineer to issue certificates upon final determination of relative rights; contents of certificates; exceptions.

      1.  Upon the final determination of the relative rights in and to the waters of any stream system, the State Engineer shall issue to each person represented in such determination a certificate to be signed by the State Engineer, and bearing the seal of his Office.

      2.  The certificate shall set forth:

      (a) The name and post office address of the owner of the right.

      (b) The date of priority.

      (c) Extent and purpose of such right.

      (d) If such water is for irrigation purposes, a description of the land, by legal subdivisions when possible, to which the water is appurtenant.

      3.  Such certificate shall be transmitted by the State Engineer in person or by registered or certified mail to the owner.

      4.  No certificate need be issued by the State Engineer when printed copies of any decree of final determination of relative rights contain a listing of the individual rights so determined.

      [51:140:1913; 1919 RL p. 3235; NCL § 7936]—(NRS A 1957, 530; 1967, 191; 1975, 713)

      NRS 533.270  Water commissioners: Appointment; duties and salaries; exemption from state personnel system; district supervisors.

      1.  The State Engineer shall appoint, subject to confirmation by any court having jurisdiction, one or more water commissioners for any stream system or water district subject to regulation and control by the State Engineer. The duties and salaries of the water commissioners must be fixed by the State Engineer and their salaries must be paid by the State of Nevada out of the water distribution accounts. The water commissioners are exempt from the provisions of chapter 284 of NRS.

      2.  The State Engineer shall appoint a district supervisor of water commissioners and fix his duties. The district supervisor is 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 533.275  Engineer for supervision of distribution: Appointment; salary and expenses; additional work.

      1.  The State Engineer may appoint an engineer, who is qualified in hydrographic and water distribution experience, to work in a supervisory capacity on water distribution and regulation service upon all adjudicated stream systems within the State.

      2.  While engaged in that work, the salary and expenses of the engineer must be charged to the particular adjudicated stream system receiving the service upon the basis of time occupied and expenses incurred in the work, and payment must be made out of the water distribution account provided for the adjudicated stream system.

      3.  When the engineer is not engaged in water distribution, additional work may be allotted to him by the State Engineer, and payment therefor must be from other money available to the Office of the State Engineer.

      [Part 52:140:1913; A 1915, 378; 1919, 384; 1921, 171; 1931, 357; 1945, 87; 1947, 518; 1951, 132]—(NRS A 1979, 666)

      NRS 533.280  Annual budget for stream system or water district: Preparation; contents; limitation on assessment.

      1.  The State Engineer shall, between the first Monday of October and the first Monday of December of each year, prepare a budget of the amount of money estimated to be necessary to pay the expenses of the stream system 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 to pay the expenses of the stream system or water district.

      (b) The aggregate water rights in the stream system or water district as determined by the State Engineer or the court.

      (c) The unit charge necessary to provide the money required.

      (d) The charge against each water user, which must be based upon the proportion which his water right bears to the aggregate water rights in the stream system, but the minimum charge is $1.

      3.  When the stream system lies in more than one county, a separate budget must be prepared for each county showing only the claimants and charges assessable within the county.

      4.  When the stream system irrigates more than 200,000 acres of land, the assessment for water distribution expenses must not exceed 30 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; 2003, 352)

      NRS 533.285  Entry on assessment roll of charges in budget; collection of special assessment.

      1.  Upon receipt of such budget by the board of county commissioners, the board of county commissioners shall certify the respective charges contained therein to the county assessor. The county assessor shall enter the amount of the charge or charges on the assessment roll against the claimants and the property or acreage served.

      2.  The proper officers of the county shall collect the special assessment as other special assessments are levied and collected, and the assessment is a lien upon the property so served and must be collected in the 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 533.290  Water District Account: Creation; deposit and use of money; accounting.

      1.  The assessments and charges provided for in NRS 533.285, when collected, must be deposited with the State Controller in the same manner as other special assessments, for credit to the Water District Account which is hereby created in the State General Fund.

      2.  All bills against the Water District Account must be certified by the State Engineer or his assistant and, when certified and approved by the State Board of Examiners, the State Controller may draw his warrant therefor against the Account.

      3.  An advance must not be made from a stream system account that has been depleted until the advance is reimbursable from the proceeds of any assessments levied against the particular stream system or water district for which any claims are presented.

      4.  Any money remaining in the Water District Account at the end of the current year must remain in the Account and be available for use in the following year.

      5.  The State Controller shall keep separate accounts of the money for each stream system or water district received from the various counties within which the stream system or water district is located, and shall not draw warrants against an account until he has been notified by the State Engineer that assessments have been filed with the board of county commissioners, as required by NRS 533.285, that will return to the State of Nevada money advanced by the State out of the Water Distribution Revolving Account provided for in NRS 532.210.

      [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 533.295  Limitation on use of Water District Account; “expenses” defined.

      1.  Except as otherwise provided in NRS 534.040, money in the Water District Account must be used exclusively for expenses incurred in the administration, operation and maintenance of the particular stream system from which the money is budgeted and collected.

      2.  The term “expenses” referred to in NRS 533.270 to 533.290, inclusive, includes salaries, hydrographic surveys, per diem expenses, car rental, equipment, including necessary automobiles, supplies and materials incidental to the proper administration and distribution of water.

      [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 533.300  State to be divided into water districts; appointment of advisory boards by State Engineer; meetings.

      1.  The State Engineer shall divide the State into water districts, to be so constituted as to insure the best protection for the water users, and the most economical water supervision on the part of the State. The water districts must not be created until a necessity therefor arises and must be created from time to time as the priorities and claims to the streams of the State are determined.

      2.  Upon the creation of a water district the State Engineer may appoint an advisory board of representative citizens within the district to assist him in formulating plans and projects for the conservation of the water resources and the use thereof in the district. The per diem and necessary travel and subsistence expenses of the appointive members of the board must be paid from the account provided for the district in NRS 533.290; but the total annual per diem, travel and subsistence expenses of the members for each district must not exceed $800. The State Engineer may call such meetings of the board as in his opinion may be necessary and expedient.

      [53:140:1913; A 1947, 518; 1943 NCL § 7938]—(NRS A 1979, 667)

      NRS 533.305  Division of water among ditches and reservoirs; regulation of distribution among users; notice of regulation by water commissioner; duties of district attorney.

      1.  The State Engineer shall divide or cause to be divided the waters of the natural streams or other sources of supply in the State among the several ditches and reservoirs taking water therefrom, according to the rights of each, respectively, in whole or in part, and shall shut or fasten, or cause to be shut or fastened, the headgates or ditches, and shall 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 regulate the distribution of water among the various users under any ditch or reservoir, whose rights have been adjudicated, or whose rights are listed with the clerk of any district court of this state pursuant to the terms of this chapter, the actual cost of such regulation being paid by the ditch or reservoir receiving such service.

      3.  Whenever, in pursuance of his duties, the water commissioner regulates a headgate to a ditch or the controlling works of reservoirs, he shall attach to such headgate or controlling works a written notice properly dated and signed, setting forth the fact that such headgate or controlling works has been properly regulated and is wholly under his control. Such notice shall be a legal notice to all parties interested in the diversion and distribution of the water of such ditch or reservoir. Such water commissioner shall have the right of ingress and egress across and upon public, private or corporate lands at all times in the exercise of his duties.

      4.  The district attorney shall appear for or in behalf of the State Engineer, or his duly authorized assistants, in any case which may arise in the pursuance of the official duties of any such officer within the jurisdiction of the district attorney.

      [54:140:1913; A 1929, 298; 1951, 132]

      NRS 533.310  Administration of distribution by State Engineer if rights determined in manner other than provided in NRS 533.090 to 533.265, inclusive: Petition to district court; notice; hearing; order; appeal.

      1.  On any stream in this state on which the water rights have been adjudicated and determined and the final decree therefor entered, as between all persons who claimed the right to the use of the waters of such stream, in a suit brought in the district court having jurisdiction of such stream and in which suit the adjudication and determination was not had in the manner provided in NRS 533.090 to 533.265, inclusive, and thereafter one or more of the parties as users of such adjudicated and determined rights or their successors in interest desire that the State Engineer take charge of the diversions and distribution of such rights and administer them in conformity with the final decree of the court, they may petition the district court which entered the decree requesting such administration.

      2.  Upon the filing of such petition, the district court shall direct that notice of the filing of the petition shall be given to each water user or claimant to a water right listed in the final decree. The notice shall be an order to show cause on the day fixed in the order by the court, which day shall not be less than 10 days nor more than 25 days from and after the date of issuance thereof, and which order shall direct the person or persons therein named to attend before the court on that day and show cause, if any they or each of them may have, why the petition should not be granted. The court shall designate the form and direct the preparation of the order or orders to show cause and by its order direct the manner, mode and the payment of 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 the water users or claimants, or any of them, to the granting of the petition shall be 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 brought in the district court, except by the State Engineer or the State. The practice in civil cases shall apply insofar as consistent with the summary character of the proceedings. The State Engineer shall be given notice of and, in person or by assistant or deputy state engineer, shall attend upon the hearing of the petition.

      4.  The court, prior to the final determination of the matter, 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 to the court a written report, together with such maps and other necessary data as will enable the court to determine whether or not administration of such water rights by the State Engineer would be in the best interest of the water users.

      5.  If the district court finally determines the matter affirmatively, the court shall, by its judgment duly entered and served on the State Engineer, direct him to distribute such waters in strict accordance with the decree, and from and after the filing of such judgment in the district court and service thereof on the State Engineer the administration of the decree and the distribution of the water thereunder shall be under the supervision and control of the district court, and the State Engineer, his deputies, assistants and water commissioners, when engaged in the administration of the final decree and the distribution of the water thereunder, shall be deemed officers of the district court only and subject only to its supervision and control.

      6.  Appeals may be taken from the judgment so entered to the Supreme Court in the same manner and within the time as provided in NRS 533.450.

      [Part 46 1/2:140:1913; added 1947, 518; A 1949, 102; 1951, 158]

      NRS 533.315  Payment of certain costs in proceeding under NRS 533.310. The cost of the hydrographic survey of the stream system and the preparation of the reports and maps by the State Engineer necessary to advise the court in proceedings under NRS 533.310 shall be paid by the water users of the stream upon approval and order of the district court of an itemized statement therefor submitted by the State Engineer.

      [Part 46 1/2:140:1913; added 1947, 518; A 1949, 102; 1951, 158]—(NRS A 1975, 72)

      NRS 533.320  Payment of cost of administration of final decree and distribution of water; approval of budget; submission to board of county commissioners; provisions applicable.  The estimated cost of the administration of the final decree and the distribution of the waters of the stream system must be budgeted by the State Engineer in like manner and at the time as provided in NRS 533.280. The budget must be first submitted to the district court for approval. Upon approval thereof by the district court the budget must be submitted by the district court to the board of county commissioners of the proper county and thereupon all of the provisions of NRS 533.280 to 533.295, inclusive, govern with respect to the assessment and collection of the costs, the deposits thereof in the Water District Account in the State Treasury, and the payment of claims for the costs of administration of the final decree and the distribution of water thereunder.

      [Part 46 1/2:140:1913; added 1947, 518; A 1949, 102; 1951, 158]—(NRS A 1991, 1784)

APPROPRIATION OF PUBLIC WATERS