NRS534.080. Appropriation of underground water for beneficial use from artesian, definable aquifer or percolating water: Acquisition of rights under chapter 533 of NRS; orders to desist; dates of priority.

      1.  A legal right to appropriate underground water for beneficial use from an artesian or definable aquifer subsequent to March 22, 1913, or from percolating water, the course and boundaries of which are incapable of determination, subsequent to March 25, 1939, can only be acquired by complying with the provisions of chapter 533 of NRS pertaining to the appropriation of water.

      2.  The State Engineer may, upon written notice sent by registered or certified mail, return receipt requested, advise the owner of a well who is using water therefrom without a permit to appropriate the water to cease using the water until the owner has complied with the laws pertaining to the appropriation of water. If the owner fails to initiate proceedings to secure such a permit within 30 days after the date of the notice, the owner is guilty of a misdemeanor.

      3.  Except as otherwise provided in subsection 4 and NRS 534.180, the date of priority of all appropriations of water from an underground source mentioned in this section is the date when application is made in proper form and filed in the Office of the State Engineer pursuant to the provisions of chapter 533 of NRS.

      4.  The date of priority for the use of underground water from a well for domestic purposes where the draught does not exceed 2 acre-feet per year is the date of completion of the well as:

      (a) Recorded by the well driller on the log the well driller files with the State Engineer pursuant to NRS 534.170; or

      (b) Demonstrated through any other documentation or evidence specified by the State Engineer.

      [9:178:1939; A 1947, 52; 1943 NCL § 7993.18]—(NRS A 1957, 718; 1967, 195; 2007, 843)