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Nevada Revised Statutes

Chapter 533

Nev. Rev. Stat. ch. 533

Adjudication of Vested Water Rights; Appropriation of Public Waters

533.005Definitions 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 533.024Legislative declaration 533.0241Duty of State Engineer to reserve certain amount of groundwater 533.0243Temporary conversion of agricultural water for certain purposes: Legislative declaration; requirements; duration 533.0245State Engineer prohibited from carrying out duties in conflict with certain decrees, orders, compacts or agreements 533.0247State Engineer, assistants and agents authorized to enter land to investigate and carry out duties 533.025Water belongs to public 533.027Applicability of chapter to certain emergency situations to extinguish fires and de minimus collection of precipitation 533.028Applicability of chapter to retention or detention of developed stormwater flow for certain purposes in county whose population is less than 700,000 533.030Appropriation for beneficial use; use for recreational purpose, developed shortage supply or intentionally created surplus declared beneficial; limitations and exceptions 533.035Beneficial use: Basis, measure and limit of right to use 533.037Determination of priority of water right acquired for use in federal reclamation project; no additional water rights granted 533.040Water used for beneficial purposes to remain appurtenant to place of use; exceptions 533.045Right to divert ceases when necessity for use does not exist 533.050Beneficial use of water declared a public use; eminent domain 533.055Storage of water for beneficial purpose; claiming and diversion of water turned into natural channel or watercourse 533.060Right to use limited to amount necessary; loss or abandonment of rights; no acquisition of prescriptive right; reservation of rights by State 533.065Standards of measurement 533.070Quantity 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 533.075Rotation in use of water 533.080State water right surveyors: Certain projects required to be performed by surveyor; qualifications; appointment; regulations; compensation; State Engineer’s Water License Account 533.085Vested rights to water not impaired 533.087Requirement for claimant of vested water right to submit proof of claim 533.090Determination of relative rights of claimants to water of stream or stream system: Petition; order of State Engineer 533.095Notice of entry of order and pendency of proceedings: Preparation; contents; publication; service of notice [Effective through December 31, 2027.]533.100Investigation of flow of stream and ditches by State Engineer; preparation of surveys and maps 533.105Use of data compiled by United States Geological Survey or other persons 533.115Blank forms enclosed with notice; form of proof; preparation of map [Effective through December 31, 2027.]533.120Statements to be certified under oath; no fee for furnishing blank form [Effective through December 31, 2027.]533.125Commencement 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 [Effective through December 31, 2027.]533.130Petition to intervene may be filed by interested person not served; contents 533.135Fees of State Engineer; disposition 533.140Preparation 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 [Effective through December 31, 2027.]533.145Objections to preliminary order of determination; form and contents of objection 533.150Hearings of objections to preliminary order of determination: Contents and service of notice; procedure; witnesses; evidence 533.155Hearing of objections: Court reporter; transcript; division of fees 533.160Entry of order of determination after hearing of objections to preliminary order; legal effect of order; certification, printing and service of order 533.165Certified 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 533.170Exceptions to order of determination: Filing and service; pleadings; findings of fact, judgment and decree; service of findings of fact and cost bill 533.175Employment of experts by court 533.180Court may refer case to State Engineer for further evidence 533.185Entry of judicial decree; revised map; delivery and filing of final judgment 533.190Costs: Assessment by court; entry of charges on assessment roll; collection and disposition of money 533.195Powers of successor judge; inapplicability of NRS 3.180 533.200Appeal from decree to appellate court: Procedure; service of notice of appeal 533.205Motion for new trial: Service of notice of intention to move for new trial 533.210Finality of decree; application for modification within 3 years after entry; limitations on modification; notice of application 533.215Waiver of notices by claimants or appropriators 533.220Distribution of water; enforcement of order or decision of State Engineer; appeal 533.225County clerk to transmit certified copy of decree to State Engineer; effectiveness of decree 533.230Division of water by State Engineer during time order of determination is pending in district court 533.235Operation of order of determination may be stayed by filing bond with court; conditions of bond; duties of State Engineer 533.240All 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 533.250Admissibility 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 533.255Submission of findings made before March 25, 1915 533.260Regulations of State Engineer requiring blueprints from claimants to be attached to proofs 533.265State Engineer to issue certificates upon final determination of relative rights; contents of certificates; exceptions 533.270Water commissioners: Appointment; duties and salaries; exemption from state human resources system; district supervisors 533.275Engineer for supervision of distribution: Appointment; salary and expenses; additional work 533.280Annual budget for stream system or water district: Preparation; contents; limitation on assessment 533.285Entry on assessment roll of charges in budget; collection of special assessment 533.290Water District Account: Creation; deposit and use of money; accounting 533.295Limitation on use of Water District Account; “expenses” defined 533.300State to be divided into water districts; appointment of advisory boards by State Engineer; meetings 533.305Division of water among ditches and reservoirs; regulation of distribution among users; notice of regulation by water commissioner; duties of district attorney 533.310Administration 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 533.315Payment of certain costs in proceeding under NRS 533.310 533.320Payment 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 533.325Application to State Engineer for permit 533.330Application limited to water of one source for one purpose; individual domestic use may be included 533.335Application for permit to appropriate water: Contents 533.340Additional requirements for contents of applications to appropriate water for certain specific uses 533.345Application 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 533.350Applications to be accompanied by maps, drawings and other data 533.353Application to appropriate water for beneficial use: Participation of county in development and implementation of monitoring, management and mitigation plan 533.355Receipt of application; return for correction or completion; priority of returned application; rejection; recording 533.357Priority among applications to appropriate underground water for irrigation purposes from same basin 533.360Notice of application: Contents; publication; posting on Internet website; mailing required under certain circumstances 533.363State 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 533.364Certain interbasin transfers of groundwater; inventory required under certain circumstances; limitations; fee; time for completion of inventory 533.365Procedure concerning verified protest filed by interested person against granting of application 533.367Requirement to ensure access of wildlife to water it customarily uses; waiver 533.368Hydrological, environmental or other study: State Engineer to determine need for study; cost of study paid by applicant; regulations 533.369Special 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 533.370Approval or rejection of application by State Engineer: Conditions; exceptions; considerations; procedure 533.3703Consideration of consumptive use of water right and proposed beneficial use of water 533.3705Limitation 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 533.371Rejection of application for permit for specified period 533.372Approval or rejection of application to use water to generate energy for export 533.375State Engineer may require additional information before approval or rejection of application 533.380Time for completion of work and application of water to beneficial use; limitations and extensions; regulations 533.382Form, acknowledgment and recording of conveyance 533.383Effect of recording or failing to record deed of conveyance 533.384Filings required by person to whom conveyance is made 533.386Duties of State Engineer concerning conveyances; administrative action required upon entry of final judgment of court 533.387Inapplicability of certain provisions to conveyance of shares of stock in ditch company 533.390Statement of work actually constructed; verification; penalty for failure to file proof of completion of work 533.395State Engineer may require proof of good faith and reasonable diligence; cancellation of permit; review of cancellation; considerations when reviewing extension of time 533.400Verified 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 533.405State Engineer may require map; contents 533.410Cancellation 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 533.415State Engineer may refuse to file maps not conforming to statutory provisions or regulations 533.420Surveyor or engineer may be barred from practice before State Engineer for swearing falsely 533.425Issuance and contents of certificate of appropriation; notice of provisions governing forfeiture and abandonment of rights to underground water 533.430Permits and certificates of appropriation subject to existing rights 533.435Fees of State Engineer; disposition 533.436Application; approval; duration 533.437“Environmental permit” defined 533.4373Application for environmental permit: Contents; fee 533.4375Approval of application by State Engineer: Conditions 533.4377Limitation on period for which permit may be issued; change of use for which permit is issued prohibited 533.438Imposition of fee on certain transfers of water by county of origin; review by State Engineer; limitation on use of money collected from fee 533.4385Plan to mitigate adverse economic effects caused by transfer of water; contents of plan; modification of plan by State Engineer 533.440Permits: Primary and secondary; application; issuance of certificates 533.445Use of bed of stream or other watercourse to carry water to consumers; duties and expenses of State Engineer 533.450Orders and decisions of State Engineer subject to judicial review; procedure; motions for stay; appeals; appearance by Attorney General 533.455Appeals by State Engineer to appellate court 533.460Unauthorized use or willful waste of water; prima facie evidence 533.463Unlawful diversion and waste of water during irrigating season; penalty 533.465Interference with headgate, water box or water; prima facie evidence 533.470Employment of guards to prevent unlawful diversions of water; payment of guards’ salaries 533.475Power of State Engineer and assistants to make arrests 533.480Penalties 533.481Additional penalties 533.482Injunctive and other relief 533.485Definitions 533.490Watering livestock declared beneficial use 533.492Subsisting right to water livestock: Manner of proof; marking of location of right 533.493Recognition of adjudicated rights to water livestock from streams by State Engineer 533.495Subsisting rights not to be impaired 533.500Duties of State Engineer concerning approval and rejection of application 533.503Restrictions on issuance of permit or certificate regarding appropriation to water livestock 533.504Temporary permit regarding appropriation to water livestock: Application; approval; duration 533.505Unlawful acts; penalties 533.510Prior rights not affected 533.515Permit 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 533.520Application 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 533.524Appropriation from interstate streams: Right of appropriation having point of diversion and place of use in another state 533.525Stored water may be conveyed through streams and reclaimed; conditions 533.535Consent to use of Lake Tahoe by United States for reservoir purposes in connection with Truckee-Carson reclamation project 533.540Procedure for refund of water district’s money; conditions 533.545Hearings before State Engineer: Issuance and enforcement of subpoenas 533.550Sale or lease of water right by public body for more than 5-year term; exception 533.560Lease of water right by public body to owner or holder of water right who exceeds entitled amount of water 533.565Dedication of right to appropriate water: Requirements; exceptions