Nevada Revised Statutes (Last Updated: December 24, 2014) |
TITLE48 WATER |
CHAPTER533. Adjudication of Vested Water Rights; Appropriation of Public Waters |
GENERAL PROVISIONS |
NRS 533.005. Definitions. |
NRS 533.007. “Interbasin transfer of groundwater” defined. |
NRS 533.010. “Person” defined. |
NRS 533.015. “State Engineer” defined. |
NRS 533.020. “Stream system” defined. |
NRS 533.023. “Wildlife purposes” defined. |
NRS 533.024. Legislative declaration. |
NRS 533.0243. Temporary conversion of agricultural water for certain purposes: Legislative declaration; requirements; duration. |
NRS 533.0245. State Engineer prohibited from carrying out duties in conflict with certain decrees, orders, compacts or agreements. |
NRS 533.0247. State Engineer, assistants and agents authorized to enter land to investigate and carry out duties. |
NRS 533.025. Water belongs to public. |
NRS 533.030. Appropriation for beneficial use; use for recreational purpose, developed shortage supply or intentionally created surplus declared beneficial; limitations and exceptions. |
NRS 533.035. Beneficial use: Basis, measure and limit of right to use. |
NRS 533.037. Determination of priority of water right acquired for use in federal reclamation project; no additional water rights granted. |
NRS 533.040. Water used for beneficial purposes to remain appurtenant to place of use; exceptions. |
NRS 533.045. Right to divert ceases when necessity for use does not exist. |
NRS 533.050. Beneficial use of water declared a public use; eminent domain. |
NRS 533.055. Storage of water for beneficial purpose; claiming and diversion of water turned into natural channel or watercourse. |
NRS 533.060. Right to use limited to amount necessary; loss or abandonment of rights; no acquisition of prescriptive right; reservation of rights by State. |
NRS 533.065. Standards of measurement. |
NRS 533.070. Quantity of water appropriated limited to amount reasonably required for beneficial use; duties of State Engineer in connection with water diverted or stored for purpose of irrigation. |
NRS 533.075. Rotation in use of water. |
NRS 533.080. State water right surveyors: Certain projects required to be performed by surveyor; qualifications; appointment; regulations; compensation; State Engineer’s Water License Account. |
NRS 533.085. Vested rights to water not impaired. |
ADJUDICATION OF VESTED WATER RIGHTS |
NRS 533.090. Determination of relative rights of claimants to water of stream or stream system: Petition; order of State Engineer; determination in order of importance. |
NRS 533.095. Notice of entry of order and pendency of proceedings: Preparation; contents; publication. |
NRS 533.100. Investigation of flow of stream and ditches by State Engineer; preparation of surveys and maps. |
NRS 533.105. Use of data compiled by United States Geological Survey or other persons; remission of proportionate cost of preparation. |
NRS 533.110. Notice of commencement of taking of proofs as to rights; time for filing; publication and mailing of notice. |
NRS 533.115. Blank forms enclosed with notice; contents of statement. |
NRS 533.120. Statements to be certified under oath; no fee for administering or furnishing blank form. |
NRS 533.125. Commencement of taking of proofs; extension of time; determination of rights if claimant neglects or refuses to make proof. |
NRS 533.130. Petition to intervene may be filed by interested person not served; contents. |
NRS 533.135. Fees of State Engineer; disposition. |
NRS 533.145. Objections to preliminary order of determination; form and contents of objection. |
NRS 533.150. Hearings of objections to preliminary order of determination: Contents and service of notice; procedure; witnesses; evidence. |
NRS 533.155. Daily deposit by each party. |
NRS 533.160. Entry of order of determination after hearing of objections to preliminary order; legal effect of order; certification, printing and service of order. |
NRS 533.170. Exceptions to order of determination: Filing and service; pleadings; findings of fact, judgment and decree; service of findings of fact and cost bill. |
NRS 533.175. Employment of experts by court. |
NRS 533.180. Court may refer case to State Engineer for further evidence. |
NRS 533.185. Entry of judicial decree; delivery and filing of final judgment. |
NRS 533.190. Costs: Assessment by court; entry of charges on assessment roll; collection and disposition of money. |
NRS 533.195. Powers of successor judge; inapplicability of NRS 3.180. |
NRS 533.205. Motion for new trial: Service of notice of intention to move for new trial. |
NRS 533.210. Finality of decree; application for modification within 3 years after entry; limitations on modification; notice of application. |
NRS 533.215. Waiver of notices by claimants or appropriators. |
NRS 533.225. County clerk to transmit certified copy of decree to State Engineer; effectiveness of decree. |
NRS 533.230. Division of water by State Engineer during time order of determination is pending in district court. |
NRS 533.235. Operation of order of determination may be stayed by filing bond with court; conditions of bond; duties of State Engineer. |
NRS 533.250. Admissibility of maps, plats, surveys and evidence on file in office of State Engineer; notice by State Engineer of intention to consider evidence and submission of findings to court. |
NRS 533.255. Submission of findings made before March 25, 1915. |
NRS 533.260. Regulations of State Engineer requiring blueprints from claimants to be attached to proofs. |
NRS 533.265. State Engineer to issue certificates upon final determination of relative rights; contents of certificates; exceptions. |
NRS 533.270. Water commissioners: Appointment; duties and salaries; exemption from state personnel system; district supervisors. |
NRS 533.275. Engineer for supervision of distribution: Appointment; salary and expenses; additional work. |
NRS 533.280. Annual budget for stream system or water district: Preparation; contents; limitation on assessment. |
NRS 533.285. Entry on assessment roll of charges in budget; collection of special assessment. |
NRS 533.290. Water District Account: Creation; deposit and use of money; accounting. |
NRS 533.295. Limitation on use of Water District Account; “expenses” defined. |
NRS 533.300. State to be divided into water districts; appointment of advisory boards by State Engineer; meetings. |
NRS 533.305. Division of water among ditches and reservoirs; regulation of distribution among users; notice of regulation by water commissioner; duties of district attorney. |
NRS 533.315. Payment of certain costs in proceeding under NRS 533.310. |
NRS 533.320. Payment of cost of administration of final decree and distribution of water; approval of budget; submission to board of county commissioners; provisions applicable. |
APPROPRIATION OF PUBLIC WATERS |
Applications, Permits and Certificates |
NRS 533.324. “Water already appropriated” defined. |
NRS 533.325. Application to State Engineer for permit. |
NRS 533.330. Application limited to water of one source for one purpose; individual domestic use may be included. |
NRS 533.335. Application for permit to appropriate water: Contents. |
NRS 533.340. Additional requirements for contents of applications to appropriate water for certain specific uses. |
NRS 533.345. Application for permit to change place of diversion, manner of use or place of use: Contents; approval of or hearing on temporary change; period of temporary change. |
NRS 533.350. Applications to be accompanied by maps, drawings and other data. |
NRS 533.353. Application to appropriate water for beneficial use: Participation of county in development and implementation of monitoring, management and mitigation plan. |
NRS 533.355. Receipt of application; return for correction or completion; priority of returned application; rejection; recording. |
NRS 533.357. Priority among applications to appropriate underground water for irrigation purposes from same basin. |
NRS 533.360. Notice of application: Contents; publication; mailing required under certain circumstances. |
NRS 533.363. State Engineer to notify county commissioners of application to use water in county other than that in which it is appropriated or currently diverted or used. |
NRS 533.364. Certain interbasin transfers of groundwater; inventory required under certain circumstances; limitations; fee; time for completion of inventory. |
NRS 533.365. Procedure concerning verified protest filed by interested person against granting of application. |
NRS 533.367. Requirement to ensure access of wildlife to water it customarily uses; waiver. |
NRS 533.368. Hydrological, environmental or other study: State Engineer to determine need for study; cost of study paid by applicant; regulations. |
NRS 533.369. Special Account for Studies Concerning Water: Deposits; interest and income; limitation on use of money; refund of money to applicant; balance does not revert to State General Fund. |
NRS 533.370. Approval or rejection of application by State Engineer: Conditions; exceptions; considerations; procedure. |
NRS 533.3703. Consideration of consumptive use of water right and proposed beneficial use of water. |
NRS 533.3705. Limitation on initial quantity of water approved for application; additional studies or evidence may be required; action by State Engineer on other applications in same basin. |
NRS 533.371. Rejection of application for permit for specified period. |
NRS 533.372. Approval or rejection of application to use water to generate energy for export. |
NRS 533.375. State Engineer may require additional information before approval or rejection of application. |
NRS 533.380. Time for completion of work and application of water to beneficial use; limitations and extensions. |
NRS 533.382. Form, acknowledgment and recording of conveyance. |
NRS 533.383. Effect of recording or failing to record deed of conveyance. |
NRS 533.384. Filings required by person to whom conveyance is made. |
NRS 533.386. Duties of State Engineer concerning conveyances; administrative action required upon entry of final judgment of court. |
NRS 533.387. Inapplicability of certain provisions to conveyance of shares of stock in ditch company. |
NRS 533.390. Statement of work actually constructed; verification; penalty for failure to file proof of completion of work. |
NRS 533.395. State Engineer may require proof of good faith and reasonable diligence; cancellation of permit; review of cancellation; considerations when reviewing extension of time. |
NRS 533.400. Verified statement to be filed with State Engineer by holder of permit within time set in endorsement on permit: Contents of statement; proof of beneficial use. |
NRS 533.405. State Engineer may require map; contents. |
NRS 533.410. Cancellation of permit for failure to file proof of application of water to beneficial use and accompanying map; notice to holder of permit; extensions of time. |
NRS 533.415. State Engineer may refuse to file maps not conforming to statutory provisions or regulations. |
NRS 533.420. Surveyor or engineer may be barred from practice before State Engineer for swearing falsely. |
NRS 533.425. Issuance and contents of certificate of appropriation; notice of provisions governing forfeiture and abandonment of rights to underground water. |
NRS 533.430. Permits and certificates of appropriation subject to existing rights. |
NRS 533.435. Fees of State Engineer; disposition. |
Temporary Permit to Establish Vegetative Cover to Prevent or Reduce Wildfire |
NRS 533.436. Application; approval; duration. |
Environmental Permits |
NRS 533.437. “Environmental permit” defined. |
NRS 533.4373. Application for environmental permit: Contents; fee. |
NRS 533.4375. Approval of application by State Engineer: Conditions. |
NRS 533.4377. Limitation on period for which permit may be issued; change of use for which permit is issued prohibited. |
Transfer of Water From County of Origin to Another County |
NRS 533.438. Imposition of fee on certain transfers of water by county of origin; review by State Engineer; limitation on use of money collected from fee. |
NRS 533.4385. Plan to mitigate adverse economic effects caused by transfer of water; contents of plan; modification of plan by State Engineer. |
RESERVOIRS |
NRS 533.440. Permits: Primary and secondary; application; issuance of certificates. |
NRS 533.445. Use of bed of stream or other watercourse to carry water to consumers; duties and expenses of State Engineer. |
JUDICIAL REVIEW AND APPEALS |
UNLAWFUL ACTS AND PENALTIES |
NRS 533.460. Unauthorized use or willful waste of water; prima facie evidence. |
NRS 533.463. Unlawful diversion and waste of water during irrigating season; penalty. |
NRS 533.465. Interference with headgate, water box or water; prima facie evidence. |
NRS 533.470. Employment of guards to prevent unlawful diversions of water; payment of guards’ salaries. |
NRS 533.475. Power of State Engineer and assistants to make arrests. |
NRS 533.480. Penalties. |
NRS 533.481. Additional penalties. |
NRS 533.482. Injunctive and other relief. |
USE OF WATER FOR WATERING LIVESTOCK |
NRS 533.485. Definitions. |
NRS 533.490. Watering livestock declared beneficial use. |
NRS 533.492. Subsisting right to water livestock: Manner of proof; marking of location of right. |
NRS 533.493. Recognition of adjudicated rights to water livestock from streams by State Engineer. |
NRS 533.495. Subsisting rights not to be impaired. |
NRS 533.500. Duties of State Engineer concerning approval and rejection of application. |
NRS 533.503. Restrictions on issuance of permit or certificate regarding appropriation to water livestock. |
NRS 533.504. Temporary permit regarding appropriation to water livestock: Application; approval; duration. |
NRS 533.505. Unlawful acts; penalties. |
NRS 533.510. Prior rights not affected. |
MISCELLANEOUS PROVISIONS |
NRS 533.515. Permit for appropriation of water or application to change point of diversion if point of diversion or portion of works is outside state. |
NRS 533.524. Appropriation from interstate streams: Right of appropriation having point of diversion and place of use in another state. |
NRS 533.525. Stored water may be conveyed through streams and reclaimed; conditions. |
NRS 533.535. Consent to use of Lake Tahoe by United States for reservoir purposes in connection with Truckee-Carson reclamation project. |
NRS 533.540. Procedure for refund of water district’s money; conditions. |
NRS 533.545. Hearings before State Engineer: Issuance and enforcement of subpoenas. |
NRS 533.550. Sale or lease of water right by public body for more than 5-year term; exception. |
NRS 533.560. Lease of water right by public body to owner or holder of water right who exceeds entitled amount of water. |