2019 Nevada Revised Statutes
Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters
NRS 533.140 - Preparation and printing of abstract of proofs of appropriation; 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; posting preliminary order of determination and abstract of proofs on Internet. [Effective through December 31, 2027.]
1. As soon as practicable after the expiration of the period fixed in which proofs of appropriation may be filed, the State Engineer shall assemble all proofs which have been filed with the State Engineer and prepare, certify and have printed an abstract of all such proofs of appropriation. The State Engineer shall also prepare from the proofs of appropriation and evidence taken or given before the State Engineer, or obtained by the State Engineer, a preliminary order of determination establishing the several rights of claimants to the waters of the stream.
2. Except as otherwise provided in subsection 3, when the abstract of proofs of appropriation and the preliminary order of determination are completed:
(a) 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 the State Engineer 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.
(b) A copy of the notice, together with a printed copy of the preliminary order of determination and the abstract of proofs of appropriation, 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 a proof of appropriation, as provided in this section.
(c) 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 proofs of appropriation as have been filed with or taken by the State Engineer in accordance with this chapter.
3. In lieu of sending or serving a copy of the preliminary order of determination and the abstract of proofs of appropriation pursuant to subsection 2, the State Engineer may:
(a) Make available a copy of the preliminary order of determination and the abstract of proofs of appropriation on the Internet website of the Office of the State Engineer; and
(b) Send by registered or certified mail or deliver in person to each person who has filed a proof of appropriation notice that the preliminary order of determination and the abstract of proofs of appropriation are available on the Internet website of the Office of the State Engineer.
[28:140:1913; A 1921, 171; NCL § 7915] — (NRS A 1967, 189; 1969, 1527; 1973, 1478; 1985, 467; 1993, 1700; 1997, 21; 2005, 1092; 2017, 710)
