2005 Nevada Revised Statutes - Chapter 536 — Ditches, Canals, Flumes and Other Conduits

CHAPTER 536 - DITCHES, CANALS, FLUMES ANDOTHER CONDUITS

REGULATION OF DITCHES AND CANALS BY STATE ENGINEER

NRS 536.010 Constructionand maintenance of headgates, measuring devices and flumes.

NRS 536.020 Refusalto construct headgates, flumes or measuring devices: State Engineer may closeditch or open sluice gate or outlet of reservoir.

NRS 536.030 Installationof headgates, measuring devices or flumes by State Engineer; procedure forpayment of expenses.

EXPENSES OF MAINTENANCE AND OPERATION OF DITCHES

NRS 536.040 Contributionof owners for proportionate share of work.

NRS 536.050 Statementof expenses constitutes valid lien against property of defaulting co-owner.

RIGHTS-OF-WAY FOR DITCHES AND FLUMES

NRS 536.060 Constructionof ditch or flume: Execution and recording of certificate; commencement andcompletion of work.

NRS 536.070 Examinationand survey of private land; condemnation; appeal from findings of appraiser.

NRS 536.080 Rightsof person constructing or maintaining ditch or flume; prior or existing claimor right not interfered with.

NRS 536.090 Applicabilityof NRS 536.060 to 536.090, inclusive.

RIGHTS-OF-WAY FOR WASTE DITCHES AND FLUMES

NRS 536.100 Examinationand survey of private land; appropriation of land.

USE OF STATE LAND

NRS 536.105 Chapterdoes not authorize use of state land without authorization from State Land Registrar.

UNLAWFUL DAMAGE TO DITCHES AND FLUMES

NRS 536.115 Investigationof complaint of unlawful removal, damage or destruction of ditch by StateEngineer; reports concerning investigation.

NRS 536.120 Penalty.

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REGULATION OF DITCHES AND CANALS BY STATE ENGINEER

NRS 536.010 Constructionand maintenance of headgates, measuring devices and flumes.

1. The owner or owners of any ditch or canal shallmaintain to the satisfaction of the State Engineer a substantial headgate at ornear the point where the water is diverted, which shall be of such constructionthat it can be locked and kept closed by the water commissioner.

2. Such owners shall construct and maintain, whenrequired by the State Engineer, suitable measuring devices at such points alongsuch ditch as may be necessary for the purpose of assisting the watercommissioner in determining the amount of water that is to be diverted into theditch from the stream, or taken from it by the various users.

3. Every owner or manager of a reservoir locatedacross or upon the bed of a natural stream or of a reservoir which requires theuse of a natural stream channel shall be required to construct and maintain,when required by the State Engineer, a measuring device of a plan to beapproved by the State Engineer, below such reservoir, and a measuring deviceabove such reservoir, on every stream or source of supply discharging into suchreservoir, for the purpose of assisting the State Engineer or water commissionersin determining the amount of water to which appropriators are entitled andthereafter diverting it for such appropriators use.

4. When it may be necessary for the protection ofother water users, the State Engineer may require flumes to be installed alongthe line of any ditch.

[Part 56:140:1913; A 1947, 518; 1943 NCL 7941]

NRS 536.020 Refusalto construct headgates, flumes or measuring devices: State Engineer may closeditch or open sluice gate or outlet of reservoir.

1. If any owner or owners of irrigation works shallrefuse or neglect to construct and put in such headgates, flumes or measuringdevices as provided for in NRS 536.010after 10 days notice, the State Engineer may close such ditch, and the sameshall not be opened or any water diverted from the source of supply, under thepenalties prescribed by law for the opening of headgates lawfully closed, untilthe requirements of the state engineer as to such headgate, flume or measuringdevice have been complied with.

2. If any owner or manager of a reservoir, whichreservoir requires the use of a natural stream channel, shall neglect or refuseto put in such measuring device after 10 days notice by the state engineer,the state engineer may open the sluice gate or outlet of such reservoir and thesame shall not be closed, under the penalties of the law for changing orinterfering with headgates, until the requirements of the State Engineer as tosuch measuring device are complied with.

[Part 56:140:1913; A 1947, 518; 1943 NCL 7941]

NRS 536.030 Installationof headgates, measuring devices or flumes by State Engineer; procedure forpayment of expenses. If any person neglects orrefuses to install the headgate, measuring device or flume, as required by NRS 536.010, the State Engineer may, in hisdiscretion, install the headgate, measuring device or flume, as the case maybe, and in the first instance charge the actual cost thereof to the waterdistribution account and thereafter present an itemized statement of the chargeto the board of county commissioners of the county wherein the charge andexpenses were incurred. The board of county commissioners shall thereuponpresent a bill for the expenses to the person liable therefor under NRS 536.010, 536.020 and 536.030 and if that person neglects for 30days thereafter to pay it, the bill and costs become a lien upon the lands andproperty of the person so liable for the payment of the bill, and must becollected as delinquent taxes against the lands and property are collected.

[Part 56:140:1913; A 1947, 518; 1943 NCL 7941](NRSA 1979, 670)

EXPENSES OF MAINTENANCE AND OPERATION OF DITCHES

NRS 536.040 Contributionof owners for proportionate share of work. Inall cases where ditches are owned by two or more persons, and one or more ofsuch persons shall fail or neglect to do a proportionate share of the worknecessary for the proper maintenance and operation of such ditch or ditches, orto construct suitable headgates or other devices at the point where water isdiverted from the main ditch, such owner or owners desiring the performance ofsuch work may, after giving 10 days written notice to such other owner orowners who have failed to perform such proportionate share of the worknecessary for the operation and maintenance of such ditch or ditches, performsuch share of the work, and recover therefor from such person or persons indefault the reasonable expense of such work.

[79:140:1913; 1919 RL p. 3246; NCL 7965]

NRS 536.050 Statementof expenses constitutes valid lien against property of defaulting co-owner. Upon the failure of any co-owner to pay his proportionateshare of such expense, as mentioned in NRS536.040, within 30 days after receiving a statement of the same asperformed by his co-owner or co-owners, such person or persons so performingsuch labor may secure payment of such claim by filing an itemized and swornstatement thereof, setting forth the date of the performance and the nature ofthe labor so performed, with the county clerk of the county wherein the ditchis situated, and when so filed it shall constitute a valid lien against theinterest of such person or persons in default, which lien may be establishedand enforced in the same manner as provided by law for the enforcement ofmechanics liens.

[80:140:1913; 1919 RL p. 3247; NCL 7966]

RIGHTS-OF-WAY FOR DITCHES AND FLUMES

NRS 536.060 Constructionof ditch or flume: Execution and recording of certificate; commencement andcompletion of work.

1. Any person or persons desiring to construct andmaintain a ditch or flume within any one or more of the counties of this stateshall make, sign and acknowledge, before a person entitled to takeacknowledgments of deeds, a certificate, specifying:

(a) The name by which the ditch or flume shall beknown; and

(b) The names of the places which shall constitute thetermini of such ditch or flume.

2. Such certificate shall be accompanied with a platof the proposed ditch or flume, and shall be recorded in the office of thecounty recorder of the county or counties within or through which such ditch orflume is proposed to be located. The record of such certificate and plat shallgive constructive notice to all persons of the matters therein contained.

3. The work of constructing such ditch or flume shallbe commenced within 30 days of the time of making the certificate abovementioned, and shall be continued with all reasonable dispatch until completed.

[1:100:1866; B 3852; BH 362; C 425; RL 4710;NCL 7997]

NRS 536.070 Examinationand survey of private land; condemnation; appeal from findings of appraiser.

1. Any person or persons proposing to construct aditch or flume under the provisions of NRS536.060 to 536.090, inclusive, shallhave the right to enter upon private lands for the purpose of examining andsurveying the same.

2. Where such lands cannot be obtained by the consentof the owner or owners thereof, so much of the same as may be necessary for theconstruction of the ditch or flume may be appropriated by such person orpersons after making compensation therefor, as follows. Such person or persons shallselect one appraiser, and the owner or owners shall select one, and the two soselected shall select a third. In case the owner or owners shall from any causefail, for the period of 5 days, to select an appraiser as herein provided, thenthe appraiser selected by the person or persons proposing to construct theditch or flume shall select a second appraiser, and the two so selected shallselect a third. In either case the three selected shall, within 5 days aftertheir selection, meet and appraise the lands sought to be appropriated, afterhaving been first duly sworn by a person entitled to administer oaths, to makea true appraisement thereof, according to the best of their knowledge andability.

3. If such person or persons shall tender to suchowner or owners the appraised value of such land, they shall be entitled toproceed in the construction of the ditch or flume over the lands so appraised,notwithstanding such tender may be refused; but such tender shall always bekept good by such person or persons.

4. An appeal may be taken by either party from thefindings of the appraisers to the district court of the county within which thelands so appraised shall be situated, at any time within 10 days after suchappraisement.

[2:100:1866; A 1869, 129; B 3853; BH 363; C 426; RL 4711; NCL 7998]

NRS 536.080 Rightsof person constructing or maintaining ditch or flume; prior or existing claimor right not interfered with. The person orpersons constructing or maintaining a ditch or flume under the provisions of NRS 536.060 to 536.090, inclusive, shall have the undisturbedright and privilege of flowing water through the same, to the full extent ofits capacity, for mining, milling, manufacturing, agricultural and otherdomestic purposes, and to use the same at any necessary and convenient point orpoints along the line thereof; but nothing contained in NRS 536.060 to 536.090, inclusive, shall be so construedas to interfere with any prior or existing claim or right.

[3:100:1866; A 1889, 96; C 427; RL 4712; NCL 7999]

NRS 536.090 Applicabilityof NRS536.060 to 536.090, inclusive. NRS 536.060 to 536.090, inclusive, shall apply, and therights and privileges therein conferred shall inure, to the benefit of allpersons or corporations who have, prior to March 3, 1866, constructed, and nowmaintain, ditches, flumes or aqueducts in this state, from whatever source theymay have procured water, such persons or corporations being required to makeand file the certificate mentioned in NRS536.060, and upon such filing, the person or persons filing the same shallbe authorized, from time to time, to extend his or their ditch or flume, andproceed to condemn private property for such ditch or flume, or for anyreservoir or reservoirs connected, or to be used in connection, with such ditchor flume, as provided in NRS 536.070.

[4:100:1866; B 3855; BH 365; C 428; RL 4713;NCL 8000]

RIGHTS-OF-WAY FOR WASTE DITCHES AND FLUMES

NRS 536.100 Examinationand survey of private land; appropriation of land.

1. Any person or persons who have constructed or whomay construct any ditch or flume for the purpose of diverting the water of anyriver or stream in and on to their lands for the purpose of irrigating andcultivating the same, or who own or control or may own and control any suchditch or flume, and who have no natural or artificial ditch or way forconveying off any or all surplus water from such lands shall have the right toenter upon private lands for the purpose of examining and surveying the samefor the purpose of constructing and maintaining a waste ditch and the necessaryflumes connected therewith.

2. When such lands cannot be obtained by the consentof the owner or owners thereof, so much of the same as may be necessary for theconstruction of the waste ditch and flumes may be appropriated therefor in thesame manner as is provided for the appropriation of lands of others in NRS 536.060 to 536.090, inclusive.

[1:80:1887; C 429; RL 4714; NCL 8001]

USE OF STATE LAND

NRS 536.105 Chapterdoes not authorize use of state land without authorization from State LandRegistrar. Nothing in this chapter authorizesa person to use any state land administered by the Division of State Lands ofthe State Department of Conservation and Natural Resources without theappropriate authorization for such a use from the State Land Registrar.

(Added to NRS by 1993, 1460)

UNLAWFUL DAMAGE TO DITCHES AND FLUMES

NRS 536.115 Investigationof complaint of unlawful removal, damage or destruction of ditch by StateEngineer; reports concerning investigation.

1. In a county whose population is less than 100,000,the State Engineer shall, upon request of the owner of a ditch or a localgovernmental entity in whose jurisdiction a ditch is located, investigate acomplaint involving a possible violation of the provisions of NRS 536.120 which involves the ditch if theditch is located:

(a) Within the boundaries of an adjudicated stream systemfor which the State Engineer has appointed an engineer to work in a supervisorycapacity pursuant to NRS 533.275; and

(b) Outside the boundaries of an irrigation districtorganized pursuant to chapter 539 of NRS.

2. For any complaint investigated pursuant tosubsection 1, the State Engineer shall:

(a) Prepare a report concerning the investigation,including, without limitation, the condition of the ditch; and

(b) Make the report available to the person or localgovernmental entity that requested the investigation.

3. A person or local governmental entity that obtainsa report pursuant to subsection 2 may submit a copy of the report with anyreport of a violation of the provisions of NRS536.120 that is reported to a law enforcement agency.

(Added to NRS by 2003, 973)

NRS 536.120 Penalty. Every person who shall willfully and maliciously remove,damage or destroy a ditch or flume lawfully erected for carrying water ordraining land shall be guilty of a misdemeanor.

[Part 1911 C&P 487; RL 6752; NCL 10434]

 

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