NRS533.520. Application for permit to appropriate water for use outside State; change point of diversion for use outside State or change place of use to location outside of State; approval of application by State Engineer; conditions.

      1.  Any person who files an application for a permit to appropriate water from above or beneath the surface of the ground for use outside this State, or to change the point of diversion under an existing water right which has a place of use outside of this State, or to change the place of use of water from a location in this State to a location outside this State under an existing right, must file an application with the State Engineer for a permit to do so pursuant to provisions of NRS 533.324 to 533.450, inclusive, and chapter 534 of NRS.

      2.  The State Engineer may approve such an application if the State Engineer determines that the applicant’s use of the water outside this State complies with the requirements of NRS 533.324 to 533.450, inclusive, and those provisions of chapter 534 of NRS pertaining to the appropriation of water. In making the determination, the State Engineer shall consider:

      (a) The supply of water available in this State;

      (b) The current and reasonably anticipated demands for water in this State;

      (c) The current or reasonably anticipated shortages of water in this State;

      (d) Whether the water that is the subject of the application could feasibly be used to alleviate current or reasonably anticipated shortages of water in this State;

      (e) The supply and sources of water available to the applicant in the state in which the applicant intends to use the water;

      (f) The demands placed on the applicant’s supply of water in the state in which he or she intends to use the water; and

      (g) Whether the request in the application is reasonable, taking into consideration the factors set forth in paragraphs (a) to (f), inclusive.

      3.  The State Engineer may, as a condition to the approval of such an application, require the applicant to file a certificate from the appropriate official in the state in which the water is to be used, indicating to the satisfaction of the State Engineer that the intended use of the water would be beneficial and that the appropriation is feasible.

      4.  A person who is granted a permit pursuant to this section shall comply with the laws and regulations of this State governing the appropriation and use of water, as amended from time to time, and any change in the point of diversion, manner of use or place of use of water under a permit issued pursuant to this section is subject to the requirements of this section.

      5.  The State Engineer may, as a condition of the approval of any permit granted pursuant to this section, require that the use of water in another state be subject to the same regulations and restrictions that may be imposed upon the use of water in this State.

      6.  Upon submittal of an application under this section, the applicant and, if the applicant is a natural person, the personal representative of the person, are subject to the jurisdiction of the courts of this State and to service of process as provided in NRS 14.065.

      [1:325:1951] + [2:325:1951]—(NRS A 1991, 859)