Nevada Administrative Code

NAC 533.130 Pleadings: Forms for filing protest. 1. The forms for filing a protest are available upon request and furnished without charge by the State Engineer. 2. A protestant need not use the filing form furnished by the State Engineer but the filing must be in substantially t…

NAC 533.140 Pleadings: Answers. (NRS 532.120, 533.365) 1. An applicant may, within 45 days after service of a notice of protest, file an answer to a protest filed against his or her application. 2. A copy of the answer must be served personally or by mail upon the protestant who …

NAC 533.141 Pleadings: Amendment or correction. (NRS 532.120, 533.365) The State Engineer may allow a pleading to be amended or corrected. The State Engineer may disregard any defect or error in a pleading which does not affect any substantial right of a party. A protest may be a…

NAC 533.142 Motions: Procedure; contents; responses; replies. (NRS 532.120, 533.365) 1. A party requesting an order by the State Engineer concerning a matter subject to a protest hearing must title the request as a “motion” and: (a) If made during a hearing, submit the motion: (1…

NAC 533.143 Pleadings or other documents: Service; computation of time for filing or serving. (NRS 532.120, 533.365) 1. Any pleading or other document filed in a protest hearing must be served on each party or his or her attorney or other agent on the date the pleading or documen…

NAC 533.144 Pleadings or other documents: Date on which considered filed; unacceptable methods of filing. (NRS 532.120, 533.365) Any pleading or other document filed with the Office of the State Engineer will be considered filed on the date the signed original of the pleading or …

NAC 533.150 Withdrawal of protest: Procedure; stipulation regarding application or related protest. (NRS 532.120, 533.365) 1. A protestant may withdraw his or her protest by filing with the Office of the State Engineer a written request for withdrawal of the protest. 2. The appli…

NAC 533.160 Prehearing discovery. (NRS 532.120, 533.365) Prehearing discovery is not a matter of right, but may be conducted in compliance with a stipulation between the parties or upon order of the State Engineer. (Added to NAC by St. Engineer, eff. 2-8-95; A by R129-08, 2-11-20…

NAC 533.170 Prehearing conferences. (NRS 532.120, 533.365) 1. The State Engineer may, upon 15 days’ notice to the parties, hold a prehearing conference to: (a) Formulate or simplify the issues involved in the proceeding; (b) Obtain admissions of fact or stipulations of the partie…

NAC 533.180 Hearings: Objective. (NRS 532.120, 533.365) The objective of a protest hearing is to develop a record upon which the State Engineer may rely to make a sound decision, without causing unnecessary delay and expense to participating parties or to the Office of the State …

NAC 533.190 Hearings: Location; conduct of persons. (NRS 532.120, 533.365) 1. Protest hearings will be held at the time and place designated by the notice of hearing. 2. Each party to a protest hearing, the counsel or other agent of the party and any spectators shall conduct them…

NAC 533.200 Hearings: Right to representation by attorney; role of attorney. 1. A party in a protest hearing may be represented by an attorney or other agent. 2. An attorney representing a party in a protest hearing must be an active member of the State Bar of Nevada or associate…

NAC 533.210 Hearings: Permissible issues. (NRS 532.120, 533.365) 1. Issues to be considered during a hearing will be determined from the contents of the application and any protests or as modified by the State Engineer. 2. The State Engineer may define or limit the issues to be c…

NAC 533.220 Hearings: Reporting by court reporter; availability and costs of transcripts. 1. The State Engineer will ensure that proceedings at hearings are reported by a certified court reporter. 2. The original and one copy of the transcript of the proceedings must be filed wit…

NAC 533.230 Hearings: Identification of witnesses. (NRS 532.120, 533.365) Before the hearing, the State Engineer may require the parties to identify the persons intending to offer direct testimony at the hearing. If a party fails to comply with a prehearing order to identify a wi…

NAC 533.240 Hearings: Testimony under oath or affirmation; panels; examination and cross-examination of witnesses. (NRS 532.120, 533.365) 1. All testimony of witnesses appearing on behalf of a party must be given under oath or affirmation. For the purposes of this section, public…

NAC 533.250 Hearings: Written testimony. (NRS 532.120, 533.365) 1. When the particular facts of an application and protest indicate that many witnesses will appear at the hearing or that a considerable amount of technical testimony will be necessary, the State Engineer may requir…

NAC 533.260 Hearings: Admission of evidence. (NRS 532.120, 533.365) 1. All evidence offered in a hearing, including the testimony of a witness, must be relevant to the subject matter of the proceeding. 2. The State Engineer may exclude testimony that is irrelevant, incompetent or…

NAC 533.265 Hearings: Rebuttal evidence. (NRS 532.120, 533.365) If the State Engineer authorizes rebuttal evidence, the party may offer in its rebuttal only evidence that directly explains, counteracts or disproves facts offered into evidence by other parties of record. (Added to…

NAC 533.280 Hearings: Identification and exchange of exhibits. (NRS 532.120, 533.365) 1. The State Engineer may require in advance of the hearing: (a) Identification of each exhibit that a party intends to use; and (b) Exchange of exhibits between certain designated parties. 2. I…

NAC 533.290 Hearings: Admissibility and form of exhibits. (NRS 532.120, 533.365) 1. Exhibits that will be introduced as evidence must be: (a) In a readily reproducible form; and (b) On paper that is 8 1/2 by 11 inches or that may be folded to that size, unless otherwise specified…

NAC 533.300 Hearings: Administrative notice. (NRS 532.120, 533.365) The State Engineer may take administrative notice of or accept into evidence by reference to their contents: 1. Files and records of the Office of the State Engineer; 2. Public records that have been prepared by …

NAC 533.310 Hearings: Stipulations. 1. With the approval of the State Engineer, the parties may stipulate to any fact in issue, either by a written stipulation introduced into evidence as an exhibit or by an oral statement entered in the record. 2. Such a stipulation is binding o…

NAC 533.320 Hearings: Continuances. 1. A party may request that the State Engineer continue a protest hearing to a later date by submitting a request for continuance to the State Engineer at least 5 working days before the date set for the hearing. 2. The State Engineer will noti…

NAC 533.330 Hearings: Failure to appear. (NRS 532.120, 533.365) If a hearing is held and a party fails to appear at the time and place set for the hearing without prior notification to the State Engineer, the State Engineer will hear the evidence of the witnesses who have appeare…

NAC 533.340 Hearings: Consolidation. 1. The State Engineer may consolidate two or more proceedings if it appears that the issues are substantially the same and the interests of the parties will not be prejudiced by the consolidation. 2. The State Engineer will determine the order…

NAC 533.350 Hearings: Order of proceedings. (NRS 532.120, 533.365) The State Engineer has full discretion in each case to determine the order in which the parties introduce their evidence and the general procedure to be followed during the course of each protest hearing. The pres…

NAC 533.360 Hearings: Additional evidence. At any time during the protest hearing, the State Engineer may order the presentation of further evidence on any issue. The State Engineer may authorize any party to file within a fixed time after the hearing additional specific document…

NAC 533.365 Hearings: Petitions for reconsideration or rehearing not accepted. (NRS 532.120, 533.365) Petitions for reconsideration or rehearing will not be accepted. (Added to NAC by St. Engineer by R129-08, eff. 2-11-2009)

NAC 533.370 Hearings: Interim order. At any time during the protest hearing process, the State Engineer may issue an appropriate interim order. (Added to NAC by St. Engineer, eff. 2-8-95)

NAC 533.380 Petition to adopt, amend or repeal regulation on practice and procedure of protest hearing. 1. If a person desires to petition the State Engineer, pursuant to NRS 233B.100, to adopt, amend or repeal a regulation regarding the practice and procedure of protest hearings…

NAC 533.390 Definitions. (NRS 532.120, 533.380) As used in NAC 533.390 to 533.500, inclusive, unless the context otherwise requires, the words and terms defined in NAC 533.400 to 533.440, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by St. Engine…

NAC 533.400 “Applicant” defined. (NRS 532.120, 533.380) “Applicant” means a person who files an application pursuant to NRS 533.380 for an extension of time within which to complete construction work or apply water to beneficial use. (Added to NAC by St. Engineer by R169-20, eff.…

NAC 533.410 “Beneficial use” defined. (NRS 532.120, 533.380) “Beneficial use” means the use of water in the quantity necessary for the stated purpose of the appropriation of the water. (Added to NAC by St. Engineer by R169-20, eff. 12-22-2021)

NAC 533.420 “Perfect an appropriation” or “perfect the appropriation” defined. (NRS 532.120, 533.380) “Perfect an appropriation” or “perfect the appropriation” means carrying out all the requirements of a permit to appropriate water to place water to beneficial use which is final…

NAC 533.430 “Proof of beneficial use” defined. (NRS 532.120, 533.380) “Proof of beneficial use” means a verified statement filed with the Office of the State Engineer pursuant to NRS 533.400 which demonstrates that water has been applied to beneficial use as required under the te…

NAC 533.440 “Proof of completion” defined. (NRS 532.120, 533.380) “Proof of completion” means a verified statement filed with the Office of the State Engineer pursuant to NRS 533.390 that describes the works actually constructed to divert water as required under the terms of a pe…

NAC 533.450 “Integrated system” and “steady application of effort” interpreted. (NRS 532.120, 533.380) For the purposes of NRS 533.380 and 533.395: 1. “Integrated system” means a complex or unitary whole consisting of separate, integrated and interrelated elements. The term inclu…

NAC 533.460 “Project” interpreted. (NRS 532.120, 533.380) For the purposes of NRS 533.380 and 533.395 and NAC 533.390 to 533.500, inclusive, the term “project” means a planned enterprise or undertaking pursued individually or collaboratively to achieve a specific goal. The term i…

NAC 533.470 Requirements for application for extension of time to file proof of completion or proof of beneficial use. (NRS 532.120, 533.380) 1. An application for an extension of time to file proof of completion or proof of beneficial use pursuant to NRS 533.380 must be made on …

NAC 533.480 Determination of good faith and reasonable diligence to perfect appropriation. (NRS 532.120, 533.380) 1. When considering whether an applicant has demonstrated good faith and reasonable diligence to perfect an appropriation as required by NRS 533.380, the State Engine…

NAC 533.490 Review by State Engineer of application. (NRS 532.120, 533.380) In reviewing an application for an extension of time to file proof of completion or proof of beneficial use submitted pursuant to NRS 533.380, the State Engineer will consider, without limitation: 1. The …

NAC 533.500 Review of regulations by Division of Water Resources. (NRS 532.120, 533.380) The Division of Water Resources of the State Department of Conservation and Natural Resources will review the provisions of NAC 533.390 to 533.500, inclusive, at least once every 3 years to d…

NAC 534.010 Definitions. (NRS 534.020, 534.110) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 534.015 to 534.255, inclusive, have the meanings ascribed to them in those sections. (Supplied in codification; A by St. Engineer, 1-…

NAC 534.015 “Abandon” defined. (NRS 534.020, 534.110) “Abandon” means to discontinue the use of a well or borehole or to leave the well or borehole in such a state of disrepair that to use it would be impracticable, may result in contamination of groundwater or may otherwise pose…

NAC 534.020 “Annular space” defined. (NRS 534.020, 534.110) “Annular space” means the space between two cylindrical objects, one of which surrounds the other, such as the space between the walls of the borehole and the casing. [St. Engineer, Drilling Wells Reg. § 1.01, eff. 5-19-…

NAC 534.030 “Aquifer” defined. (NRS 534.020, 534.110) “Aquifer” has the meaning ascribed to it in NRS 534.0105. [St. Engineer, Drilling Wells Reg. § 1.02, eff. 5-19-81]—(NAC A 1-9-90)