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
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
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
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
[Part 56:140:1913; A 1947, 518; 1943 NCL 7941](NRSA 1979, 670)
EXPENSES OF MAINTENANCE AND OPERATION OF DITCHES
NRS
[79:140:1913; 1919 RL p. 3246; NCL 7965]
NRS
[80:140:1913; 1919 RL p. 3247; NCL 7966]
RIGHTS-OF-WAY FOR DITCHES AND FLUMES
NRS
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
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
[3:100:1866; A 1889, 96; C 427; RL 4712; NCL 7999]
NRS
[4:100:1866; B 3855; BH 365; C 428; RL 4713;NCL 8000]
RIGHTS-OF-WAY FOR WASTE DITCHES AND FLUMES
NRS
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
[1:80:1887; C 429; RL 4714; NCL 8001]
USE OF STATE LAND
NRS
(Added to NRS by 1993, 1460)
UNLAWFUL DAMAGE TO DITCHES AND FLUMES
NRS
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
(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
NRS
[Part 1911 C&P 487; RL 6752; NCL 10434]
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