NRS533.240. 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)