NRS533.380. Time for completion of work and application of water to beneficial use; limitations and extensions.

      1.  Except as otherwise provided in subsection 5, in an endorsement of approval upon any application, the State Engineer shall:

      (a) Set a time before which the construction of the work must be completed, which must be within 5 years after the date of approval.

      (b) Except as otherwise provided in this paragraph, set a time before which the complete application of water to a beneficial use must be made, which must not exceed 10 years after the date of the approval. The time set under this paragraph respecting an application for a permit to apply water to a municipal or quasi-municipal use on any land:

             (1) For which a final subdivision map has been recorded pursuant to chapter 278 of NRS;

             (2) For which a plan for the development of a project has been approved by the local government pursuant to NRS 278.010 to 278.460, inclusive; or

             (3) On any land for which a plan for the development of a planned unit development has been recorded pursuant to chapter 278A of NRS,

Ê must not be less than 5 years.

      2.  The State Engineer may limit the applicant to a smaller quantity of water, to a shorter time for the completion of work, and, except as otherwise provided in paragraph (b) of subsection 1, to a shorter time for the perfecting of the application than named in the application.

      3.  Except as otherwise provided in subsection 4 and NRS 533.395 and 533.4377, the State Engineer may, for good cause shown, grant any number of extensions of time within which construction work must be completed, or water must be applied to a beneficial use under any permit therefor issued by the State Engineer, but a single extension of time for a municipal or quasi-municipal use for a public water system, as defined in NRS 445A.235, must not exceed 5 years, and any other single extension of time must not exceed 1 year. An application for the extension must in all cases be:

      (a) Made within 30 days following notice by registered or certified mail that proof of the work is due as provided for in NRS 533.390 and 533.410; and

      (b) Accompanied by proof and evidence of the reasonable diligence with which the applicant is pursuing the perfection of the application.

Ê The State Engineer shall not grant an extension of time unless the State Engineer determines from the proof and evidence so submitted that the applicant is proceeding in good faith and with reasonable diligence to perfect the application. The failure to provide the proof and evidence required pursuant to this subsection is prima facie evidence that the holder is not proceeding in good faith and with reasonable diligence to perfect the application.

      4.  Except as otherwise provided in subsection 5 and NRS 533.395, whenever the holder of a permit issued for any municipal or quasi-municipal use of water on any land referred to in paragraph (b) of subsection 1, or for any use which may be served by a county, city, town, public water district or public water company, requests an extension of time to apply the water to a beneficial use, the State Engineer shall, in determining whether to grant or deny the extension, consider, among other factors:

      (a) Whether the holder has shown good cause for not having made a complete application of the water to a beneficial use;

      (b) The number of parcels and commercial or residential units which are contained in or planned for the land being developed or the area being served by the county, city, town, public water district or public water company;

      (c) Any economic conditions which affect the ability of the holder to make a complete application of the water to a beneficial use;

      (d) Any delays in the development of the land or the area being served by the county, city, town, public water district or public water company which were caused by unanticipated natural conditions; and

      (e) The period contemplated in the:

             (1) Plan for the development of a project approved by the local government pursuant to NRS 278.010 to 278.460, inclusive; or

             (2) Plan for the development of a planned unit development recorded pursuant to chapter 278A of NRS,

Ê if any, for completing the development of the land.

      5.  The provisions of subsections 1 and 4 do not apply to an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504.

      6.  For the purposes of this section, the measure of reasonable diligence is the steady application of effort to perfect the application in a reasonably expedient and efficient manner under all the facts and circumstances. When a project or integrated system is composed of several features, work on one feature of the project or system may be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.

      [65:140:1913; A 1951, 132]—(NRS A 1967, 193; 1981, 113, 1838; 1989, 1052, 1400; 1991, 759; 1993, 2349; 2009, 644; 2011, 1568; 2013, 501, 3679)