Title 48

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. 1. Except as otherwise provided in subsection 2, on or before the date set in the endorsement of a permit f…

NRS 533.405 State Engineer may require map; contents. 1. The State Engineer may, in his or her discretion, request that the statement required by NRS 533.400 be accompanied by a map on a scale of not less than 1,000 feet to the inch, which shall show with substantial accuracy the…

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. If any holder of a permit from the State Engineer fails, before the date set for filing in the permit or th…

NRS 533.415 State Engineer may refuse to file maps not conforming to statutory provisions or regulations. The State Engineer may, in his or her discretion, refuse to accept for filing any map not conforming with the provisions of NRS 533.405 and such rules and regulations as the …

NRS 533.420 Surveyor or engineer may be barred from practice before State Engineer for swearing falsely. Should it be found upon inspection of the premises by the State Engineer that the surveyor or engineer had sworn falsely to the map and survey, the surveyor or engineer may, i…

NRS 533.425 Issuance and contents of certificate of appropriation; notice of provisions governing forfeiture and abandonment of rights to underground water. 1. Except as otherwise provided in NRS 533.503, as soon as practicable after satisfactory proof has been made to the State …

NRS 533.430 Permits and certificates of appropriation subject to existing rights. 1. Every permit to appropriate water, and every certificate of appropriation granted under any permit by the State Engineer upon any stream or stream system which shall have been adjudicated under t…

NRS 533.435 Fees of State Engineer; disposition. 1. The State Engineer shall collect the following fees: For examining and filing an application for a permit to appropriate water $360.00 This fee includes the cost of publication, which is $50. For reviewing a corrected applicatio…

NRS 533.436 Application; approval; duration. 1. A person may apply for a temporary permit to appropriate water to establish vegetative cover that is resistant to fire in an area that has been burned by a wildfire or to prevent or reduce the impact of a wildfire in an area. 2. In …

NRS 533.437 “Environmental permit” defined. As used in NRS 533.437 to 533.4377, inclusive, unless the context otherwise requires, “environmental permit” means a temporary permit to appropriate water to avoid the pollution or contamination of a water source. (Added to NRS by 1991,…

NRS 533.4373 Application for environmental permit: Contents; fee. In addition to the information required by NRS 533.335, an applicant for an environmental permit shall submit to the State Engineer: 1. A copy of a letter or order issued by the Division of Environmental Protection…

NRS 533.4375 Approval of application by State Engineer: Conditions. The State Engineer may approve an application for an environmental permit if: 1. The application is accompanied by the prescribed fees and a copy of a letter or order issued by the Division of Environmental Prote…

NRS 533.4377 Limitation on period for which permit may be issued; change of use for which permit is issued prohibited. The State Engineer shall not: 1. Issue an environmental permit for a period which is longer than the period set forth in the letter or order issued by the Divisi…

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. 1. Except as otherwise provided in subsection 4, if an appropriation of groundwater pursuant to a permit to appropriate ground…

NRS 533.4385 Plan to mitigate adverse economic effects caused by transfer of water; contents of plan; modification of plan by State Engineer. 1. If a county of origin has not imposed a fee on the transfer of water pursuant to NRS 533.438, an applicant and the governing body of th…

NRS 533.440 Permits: Primary and secondary; application; issuance of certificates. 1. All applications for reservoir permits shall be subject to the provisions of NRS 533.324 to 533.435, inclusive, except those sections wherein proof of beneficial use is required to be filed. The…

NRS 533.445 Use of bed of stream or other watercourse to carry water to consumers; duties and expenses of State Engineer. 1. Whenever the owner, manager or lessee of a reservoir constructed under the provisions of this chapter shall desire to use the bed of a stream or other wate…

NRS 533.450 Orders and decisions of State Engineer subject to judicial review; procedure; motions for stay; appeals; appearance by Attorney General. 1. Except as otherwise provided in NRS 533.353, any person feeling aggrieved by any order or decision of the State Engineer, acting…

NRS 533.455 Appeals by State Engineer to appellate court. 1. Whenever a decree determining and adjudicating the relative rights of the claimants to the use of water of a stream or stream system has been entered in the district court pursuant to the provisions of this chapter, and…

NRS 533.460 Unauthorized use or willful waste of water; prima facie evidence. The unauthorized use of water to which another person is entitled, or the willful waste of water to the detriment of another, shall be a misdemeanor, and the possession or use of such water without lega…

NRS 533.463 Unlawful diversion and waste of water during irrigating season; penalty. 1. It is an unlawful use and waste of water for any person during the irrigating season: (a) To divert and conduct the water, or portion thereof, of any river, creek, or stream into any slough, d…

NRS 533.465 Interference with headgate, water box or water; prima facie evidence. 1. Any person who shall willfully open, close, change or interfere with any lawfully established headgate or water box without authority, or who shall willfully use water or conduct water into or th…

NRS 533.470 Employment of guards to prevent unlawful diversions of water; payment of guards’ salaries. Whenever, in the pursuance of his or her duties, the State Engineer finds it necessary to employ guards to prevent unlawful diversions of water in any ditch or ditch system, the…

NRS 533.475 Power of State Engineer and assistants to make arrests. The State Engineer and the assistants of the State Engineer shall have power to arrest any person violating any of the provisions of NRS 533.005 to 533.470, inclusive, and to turn that person over to the sheriff …

NRS 533.480 Penalties. Any person violating any of the provisions of NRS 533.005 to 533.475, inclusive, shall be guilty of a misdemeanor. [58:140:1913; 1919 RL p. 3238; NCL § 7943] + [83:140:1913; 1919 RL p. 3247; NCL § 7969]—(NRS A 1967, 609; 2017, 1433)

NRS 533.481 Additional penalties. 1. In addition to any other penalty provided by law, the State Engineer may, after notice and opportunity for a hearing, require a person who violates any provision of this chapter or any permit, certificate, order or decision issued or regulatio…

NRS 533.482 Injunctive and other relief. 1. The State Engineer may seek injunctive relief in the appropriate court to prevent the continuance or occurrence of any act or practice which violates any provision of this chapter, or any permit, certificate, decision or order issued or…

NRS 533.485 Definitions. As used in NRS 533.485 to 533.510, inclusive: 1. “Public range” means all lands belonging to the United States and to the State of Nevada on which livestock are permitted to graze, including lands set apart as national forests and lands reserved for other…

NRS 533.490 Watering livestock declared beneficial use. 1. The use of water for watering livestock is hereby declared to be a beneficial use except as provided in NRS 533.495. Subject to such exception, the right to use water for that purpose may be acquired in the same manner as…

NRS 533.492 Subsisting right to water livestock: Manner of proof; marking of location of right. 1. A subsisting right to water livestock may be proven by an owner of livestock by one or more of the following items of evidence for the number of livestock and date of priority: (a) …

NRS 533.493 Recognition of adjudicated rights to water livestock from streams by State Engineer. Within a stream system or groundwater basin where rights have been adjudicated, the State Engineer shall recognize rights to water livestock from streams, whether or not in conjunctio…

NRS 533.495 Subsisting rights not to be impaired. Whenever one or more persons shall have a subsisting right to water range livestock at a particular place and in sufficient numbers to utilize substantially all that portion of the public range readily available to livestock water…

NRS 533.500 Duties of State Engineer concerning approval and rejection of application. 1. Before approving any application for the right to use water for watering livestock, the State Engineer shall determine, by examination on the ground or otherwise, that the right and use appl…

NRS 533.503 Restrictions on issuance of permit or certificate regarding appropriation to water livestock. 1. The State Engineer shall not issue a permit to appropriate water for the purpose of watering livestock unless: (a) The applicant for the permit is legally entitled to plac…

NRS 533.504 Temporary permit regarding appropriation to water livestock: Application; approval; duration. 1. Except as otherwise provided in NRS 533.495 and 533.503, a person may apply for a temporary permit to appropriate groundwater to water livestock if the point of diversion …

NRS 533.505 Unlawful acts; penalties. 1. Any person who, without the right so to do, shall, on two or more separate days during any season, water more than 50 head of livestock at the watering place at which another shall have a subsisting right to water more than 50 head of live…

NRS 533.510 Prior rights not affected. NRS 533.485 to 533.510, inclusive, do not affect the validity of rights to the use of water for watering livestock or other purposes acquired under the previously existing laws of this state or by decree or impair any existing vested or decr…

NRS 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. 1. No permit for the appropriation of water or application to change the point of diversion, manner…

NRS 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. 1. Any person who files an application for a …

NRS 533.524 Appropriation from interstate streams: Right of appropriation having point of diversion and place of use in another state. Upon any stream flowing across the state boundary, a right of appropriation having the point of diversion and the place of use in another state a…

NRS 533.525 Stored water may be conveyed through streams and reclaimed; conditions. Any water stored for irrigation or other beneficial purposes may be turned into the channel of any natural stream or watercourse, and mingled with its waters, and then be reclaimed, but, in reclai…

NRS 533.535 Consent to use of Lake Tahoe by United States for reservoir purposes in connection with Truckee-Carson reclamation project. 1. For the purpose of aiding the Truckee-Carson reclamation project carried out by the Reclamation Service of the United States of America, unde…

NRS 533.540 Procedure for refund of water district’s money; conditions. 1. Whenever, in the case of any order of determination of relative rights of claimants or appropriators of the waters of the Carson River and its forks, affecting the water districts mentioned and referred to…

NRS 533.545 Hearings before State Engineer: Issuance and enforcement of subpoenas. 1. Whenever the State Engineer is authorized or required by law to conduct a hearing, the State Engineer may issue subpoenas requiring the attendance of witnesses before the State Engineer, togethe…

NRS 533.550 Sale or lease of water right by public body for more than 5-year term; exception. 1. Notwithstanding any other provision of law and except as otherwise provided in NRS 533.560, a public body shall not sell or lease for a term of more than 5 years a water right owned b…

NRS 533.560 Lease of water right by public body to owner or holder of water right who exceeds entitled amount of water. 1. A public body may lease a water right owned by the public body to an owner or holder of a water right who, as determined by the State Engineer, is exceeding …