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Nev. Rev. Stat. ch. 533 – Adjudication of Vested Water Rights; Appropriation of Public Waters | Midpage
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Nevada Revised Statutes
Title 48
Chapter 533
Nev. Rev. Stat. ch. 533
Adjudication of Vested Water Rights; Appropriation of Public Waters
533.005
Definitions
533.007
“Interbasin transfer of groundwater” defined
533.010
“Person” defined
533.015
“State Engineer” defined
533.020
“Stream system” defined
533.023
“Wildlife purposes” defined
533.024
Legislative declaration
533.0241
Duty of State Engineer to reserve certain amount of groundwater
533.0243
Temporary conversion of agricultural water for certain purposes: Legislative declaration; requirements; duration
533.0245
State Engineer prohibited from carrying out duties in conflict with certain decrees, orders, compacts or agreements
533.0247
State Engineer, assistants and agents authorized to enter land to investigate and carry out duties
533.025
Water belongs to public
533.027
Applicability of chapter to certain emergency situations to extinguish fires and de minimus collection of precipitation
533.028
Applicability of chapter to retention or detention of developed stormwater flow for certain purposes in county whose population is less than 700,000
533.030
Appropriation for beneficial use; use for recreational purpose, developed shortage supply or intentionally created surplus declared beneficial; limitations and exceptions
533.035
Beneficial use: Basis, measure and limit of right to use
533.037
Determination of priority of water right acquired for use in federal reclamation project; no additional water rights granted
533.040
Water used for beneficial purposes to remain appurtenant to place of use; exceptions
533.045
Right to divert ceases when necessity for use does not exist
533.050
Beneficial use of water declared a public use; eminent domain
533.055
Storage of water for beneficial purpose; claiming and diversion of water turned into natural channel or watercourse
533.060
Right to use limited to amount necessary; loss or abandonment of rights; no acquisition of prescriptive right; reservation of rights by State
533.065
Standards of measurement
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
533.075
Rotation in use of water
533.080
State water right surveyors: Certain projects required to be performed by surveyor; qualifications; appointment; regulations; compensation; State Engineer’s Water License Account
533.085
Vested rights to water not impaired
533.087
Requirement for claimant of vested water right to submit proof of claim
533.090
Determination of relative rights of claimants to water of stream or stream system: Petition; order of State Engineer
533.095
Notice of entry of order and pendency of proceedings: Preparation; contents; publication; service of notice
533.100
Investigation of flow of stream and ditches by State Engineer; preparation of surveys and maps
533.105
Use of data compiled by United States Geological Survey or other persons
533.115
Blank forms enclosed with notice; form of proof; preparation of map
533.120
Statements to be certified under oath; no fee for furnishing blank form
533.125
Commencement of taking of proofs; extension of time; determination of rights if claimant neglects or refuses to make proof; defective proof or map; filing corrected proof of map
533.130
Petition to intervene may be filed by interested person not served; contents
533.135
Fees of State Engineer; disposition
533.140
Preparation and printing of abstract of proofs of appropriation; preliminary order of determination; notice of availability of evidence and proofs for inspection; service of notice and preliminary order; State Engineer to be present during period that evidence and proofs are available for inspection; posting preliminary order of determination and abstract of proofs on Internet
533.145
Objections to preliminary order of determination; form and contents of objection
533.150
Hearings of objections to preliminary order of determination: Contents and service of notice; procedure; witnesses; evidence
533.155
Hearing of objections: Court reporter; transcript; division of fees
533.160
Entry of order of determination after hearing of objections to preliminary order; legal effect of order; certification, printing and service of order
533.165
Certified copy of order of determination to be filed with county clerk of county where stream system located; procedure when stream system in two or more judicial districts; order setting time for hearing; service and publication of order
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
533.175
Employment of experts by court
533.180
Court may refer case to State Engineer for further evidence
533.185
Entry of judicial decree; revised map; delivery and filing of final judgment
533.190
Costs: Assessment by court; entry of charges on assessment roll; collection and disposition of money
533.195
Powers of successor judge; inapplicability of NRS 3.180
533.200
Appeal from decree to appellate court: Procedure; service of notice of appeal
533.205
Motion for new trial: Service of notice of intention to move for new trial
533.210
Finality of decree; application for modification within 3 years after entry; limitations on modification; notice of application
533.215
Waiver of notices by claimants or appropriators
533.220
Distribution of water; enforcement of order or decision of State Engineer; appeal
533.225
County clerk to transmit certified copy of decree to State Engineer; effectiveness of decree
533.230
Division of water by State Engineer during time order of determination is pending in district court
533.235
Operation of order of determination may be stayed by filing bond with court; conditions of bond; duties of State Engineer
533.240
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
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
533.255
Submission of findings made before March 25, 1915
533.260
Regulations of State Engineer requiring blueprints from claimants to be attached to proofs
533.265
State Engineer to issue certificates upon final determination of relative rights; contents of certificates; exceptions
533.270
Water commissioners: Appointment; duties and salaries; exemption from state human resources system; district supervisors
533.275
Engineer for supervision of distribution: Appointment; salary and expenses; additional work
533.280
Annual budget for stream system or water district: Preparation; contents; limitation on assessment
533.285
Entry on assessment roll of charges in budget; collection of special assessment
533.290
Water District Account: Creation; deposit and use of money; accounting
533.295
Limitation on use of Water District Account; “expenses” defined
533.300
State to be divided into water districts; appointment of advisory boards by State Engineer; meetings
533.305
Division of water among ditches and reservoirs; regulation of distribution among users; notice of regulation by water commissioner; duties of district attorney
533.310
Administration of distribution by State Engineer if rights determined in manner other than provided in NRS 533.090 to 533.265, inclusive: Petition to district court; notice; hearing; order; appeal
533.315
Payment of certain costs in proceeding under NRS 533.310
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
533.324
“Water already appropriated” defined
533.325
Application to State Engineer for permit
533.330
Application limited to water of one source for one purpose; individual domestic use may be included
533.335
Application for permit to appropriate water: Contents
533.340
Additional requirements for contents of applications to appropriate water for certain specific uses
533.345
Application for permit to change place of diversion, manner of use or place of use: Contents; approval of temporary change; notice of and protest to temporary change; period of temporary change
533.350
Applications to be accompanied by maps, drawings and other data
533.353
Application to appropriate water for beneficial use: Participation of county in development and implementation of monitoring, management and mitigation plan
533.355
Receipt of application; return for correction or completion; priority of returned application; rejection; recording
533.357
Priority among applications to appropriate underground water for irrigation purposes from same basin
533.360
Notice of application: Contents; publication; posting on Internet website; mailing required under certain circumstances
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
533.364
Certain interbasin transfers of groundwater; inventory required under certain circumstances; limitations; fee; time for completion of inventory
533.365
Procedure concerning verified protest filed by interested person against granting of application
533.367
Requirement to ensure access of wildlife to water it customarily uses; waiver
533.368
Hydrological, environmental or other study: State Engineer to determine need for study; cost of study paid by applicant; regulations
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
533.370
Approval or rejection of application by State Engineer: Conditions; exceptions; considerations; procedure
533.3703
Consideration of consumptive use of water right and proposed beneficial use of water
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
533.371
Rejection of application for permit for specified period
533.372
Approval or rejection of application to use water to generate energy for export
533.375
State Engineer may require additional information before approval or rejection of application
533.380
Time for completion of work and application of water to beneficial use; limitations and extensions; regulations
533.382
Form, acknowledgment and recording of conveyance
533.383
Effect of recording or failing to record deed of conveyance
533.384
Filings required by person to whom conveyance is made
533.386
Duties of State Engineer concerning conveyances; administrative action required upon entry of final judgment of court
533.387
Inapplicability of certain provisions to conveyance of shares of stock in ditch company
533.390
Statement of work actually constructed; verification; penalty for failure to file proof of completion of work
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
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
533.405
State Engineer may require map; contents
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
533.415
State Engineer may refuse to file maps not conforming to statutory provisions or regulations
533.420
Surveyor or engineer may be barred from practice before State Engineer for swearing falsely
533.425
Issuance and contents of certificate of appropriation; notice of provisions governing forfeiture and abandonment of rights to underground water
533.430
Permits and certificates of appropriation subject to existing rights
533.435
Fees of State Engineer; disposition
533.436
Application; approval; duration
533.437
“Environmental permit” defined
533.4373
Application for environmental permit: Contents; fee
533.4375
Approval of application by State Engineer: Conditions
533.4377
Limitation on period for which permit may be issued; change of use for which permit is issued prohibited
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
533.4385
Plan to mitigate adverse economic effects caused by transfer of water; contents of plan; modification of plan by State Engineer
533.440
Permits: Primary and secondary; application; issuance of certificates
533.445
Use of bed of stream or other watercourse to carry water to consumers; duties and expenses of State Engineer
533.450
Orders and decisions of State Engineer subject to judicial review; procedure; motions for stay; appeals; appearance by Attorney General
533.455
Appeals by State Engineer to appellate court
533.460
Unauthorized use or willful waste of water; prima facie evidence
533.463
Unlawful diversion and waste of water during irrigating season; penalty
533.465
Interference with headgate, water box or water; prima facie evidence
533.470
Employment of guards to prevent unlawful diversions of water; payment of guards’ salaries
533.475
Power of State Engineer and assistants to make arrests
533.480
Penalties
533.481
Additional penalties
533.482
Injunctive and other relief
533.485
Definitions
533.490
Watering livestock declared beneficial use
533.492
Subsisting right to water livestock: Manner of proof; marking of location of right
533.493
Recognition of adjudicated rights to water livestock from streams by State Engineer
533.495
Subsisting rights not to be impaired
533.500
Duties of State Engineer concerning approval and rejection of application
533.503
Restrictions on issuance of permit or certificate regarding appropriation to water livestock
533.504
Temporary permit regarding appropriation to water livestock: Application; approval; duration
533.505
Unlawful acts; penalties
533.510
Prior rights not affected
533.515
Permit for appropriation of water or application to change point of diversion, manner of use or place of use if point of diversion or portion of works is outside state
533.520
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
533.524
Appropriation from interstate streams: Right of appropriation having point of diversion and place of use in another state
533.525
Stored water may be conveyed through streams and reclaimed; conditions
533.535
Consent to use of Lake Tahoe by United States for reservoir purposes in connection with Truckee-Carson reclamation project
533.540
Procedure for refund of water district’s money; conditions
533.545
Hearings before State Engineer: Issuance and enforcement of subpoenas
533.550
Sale or lease of water right by public body for more than 5-year term; exception
533.560
Lease of water right by public body to owner or holder of water right who exceeds entitled amount of water
533.565
Dedication of right to appropriate water: Requirements; exceptions