NRS533.364. Certain interbasin transfers of groundwater; inventory required under certain circumstances; limitations; fee; time for completion of inventory.

      1.  In addition to the requirements of NRS 533.370, before approving an application for an interbasin transfer of more than 250 acre-feet of groundwater from a basin which the State Engineer has not previously inventoried or for which the State Engineer has not conducted, or caused to be conducted, a study pursuant to NRS 532.165 or 533.368, the State Engineer or a person designated by the State Engineer shall conduct an inventory of the basin from which the water is to be exported. The inventory must include:

      (a) The total amount of surface water and groundwater appropriated in accordance with a decreed, certified or permitted right;

      (b) An estimate of the amount and location of all surface water and groundwater that is available for appropriation in the basin; and

      (c) The name of each owner of record set forth in the records of the Office of the State Engineer for each decreed, certified or permitted right in the basin.

      2.  The provisions of this section do not:

      (a) Require the State Engineer to initiate or complete a determination of the surface water or groundwater rights pursuant to NRS 533.090 to 533.320, inclusive, or to otherwise quantify any vested claims of water rights in the basin before approving an application for an interbasin transfer of groundwater from the basin; or

      (b) Prohibit the State Engineer from considering information received from or work completed by another person to include in the inventory, if the inventory is otherwise conducted in accordance with the provisions of subsection 1.

      3.  The State Engineer shall charge the applicant a fee to cover the cost of the inventory. The amount of the fee must not exceed the cost to the State Engineer of conducting the inventory.

      4.  The State Engineer shall complete any inventory conducted pursuant to subsection 1 within 1 year after commencing the inventory.

      (Added to NRS by 2009, 595)