Title 48

NRS 533.023 “Wildlife purposes” defined. “Wildlife purposes” includes the watering of wildlife and the establishment and maintenance of wetlands, fisheries and other wildlife habitats. (Added to NRS by 1989, 1733; A 2009, 596)

NRS 533.024 Legislative declaration. The Legislature declares that: 1. It is the policy of this State: (a) To encourage and promote the use of effluent, where that use is not contrary to the public health, safety or welfare, and where that use does not interfere with federal obli…

NRS 533.0241 Duty of State Engineer to reserve certain amount of groundwater. 1. For each basin in which there is groundwater that has not been committed for use, including, without limitation, pursuant to a permit, certificate or by any other water user in the basin, as of June …

NRS 533.0243 Temporary conversion of agricultural water for certain purposes: Legislative declaration; requirements; duration. 1. The Legislature hereby finds and declares that it is the policy of this State to allow the temporary conversion of agricultural water rights for wildl…

NRS 533.0245 State Engineer prohibited from carrying out duties in conflict with certain decrees, orders, compacts or agreements. The State Engineer shall not carry out his or her duties pursuant to this chapter in a manner that conflicts with any applicable provision of a decree…

NRS 533.0247 State Engineer, assistants and agents authorized to enter land to investigate and carry out duties. The State Engineer or any assistant or authorized agent of the State Engineer may enter the land of any owner or proprietor where any water is being diverted or used p…

NRS 533.025 Water belongs to public. The water of all sources of water supply within the boundaries of the State whether above or beneath the surface of the ground, belongs to the public. [1:140:1913; 1919 RL p. 3225; NCL § 7890]

NRS 533.027 Applicability of chapter to certain emergency situations to extinguish fires and de minimus collection of precipitation. 1. The provisions of this chapter do not apply to: (a) The use of water in emergency situations to extinguish fires by a public agency or a volunte…

NRS 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. 1. In a county whose population is less than 700,000, the provisions of this chapter do not apply to the retention or …

NRS 533.030 Appropriation for beneficial use; use for recreational purpose, developed shortage supply or intentionally created surplus declared beneficial; limitations and exceptions. 1. Subject to existing rights, and except as otherwise provided in this section and NRS 533.0241…

NRS 533.035 Beneficial use: Basis, measure and limit of right to use. Beneficial use shall be the basis, the measure and the limit of the right to the use of water. [3:140:1913; 1919 RL p. 3225; NCL § 7892]

NRS 533.037 Determination of priority of water right acquired for use in federal reclamation project; no additional water rights granted. 1. The priority of a water right acquired by a person for use in a federal reclamation project is determined according to the date on which th…

NRS 533.040 Water used for beneficial purposes to remain appurtenant to place of use; exceptions. 1. Except as otherwise provided in this section, any water used in this State for beneficial purposes shall be deemed to remain appurtenant to the place of use. 2. If at any time it …

NRS 533.045 Right to divert ceases when necessity for use does not exist. When the necessity for the use of water does not exist, the right to divert it ceases, and no person shall be permitted to divert or use the waters of this State except at such times as the water is require…

NRS 533.050 Beneficial use of water declared a public use; eminent domain. The beneficial use of water is hereby declared a public use, and any person may exercise the right of eminent domain to condemn all lands and other property or rights required for the construction, use and…

NRS 533.055 Storage of water for beneficial purpose; claiming and diversion of water turned into natural channel or watercourse. Water may be stored for a beneficial purpose. Water turned into any natural channel or watercourse by any person entitled to the use thereof, whether s…

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. 1. Rights to the use of water must be limited and restricted to as much as may be necessary, when reasonably and economically…

NRS 533.065 Standards of measurement. 1. A cubic foot of water per second of time shall be the legal standard for the measurement of water in this state. 2. The unit of volume shall be an acre-foot defined as 43,560 cubic feet. 3. Where necessary to transpose miner’s inches to cu…

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. 1. The quantity of water from either a surface or underground source which may here…

NRS 533.075 Rotation in use of water. To bring about a more economical use of the available water supply, it shall be lawful for water users owning lands to which water is appurtenant to rotate in the use of the supply to which they may be collectively entitled; or a single 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. 1. All maps, surveys and measurements of water required pursuant to this chapter must be…

NRS 533.085 Vested rights to water not impaired. 1. Nothing contained in this chapter shall impair the vested right of any person to the use of water, nor shall the right of any person to take and use water be impaired or affected by any of the provisions of this chapter where ap…

NRS 533.087 Requirement for claimant of vested water right to submit proof of claim. 1. A claimant of any vested water right must submit, on a form prescribed by the State Engineer, proof of the claim to the State Engineer on or before December 31, 2027. If a claimant fails to fi…

NRS 533.090 Determination of relative rights of claimants to water of stream or stream system: Petition; order of State Engineer. 1. Upon a petition to the State Engineer, signed by one or more water users of any stream or stream system, requesting the determination of the relati…

NRS 533.095 Notice of entry of order and pendency of proceedings: Preparation; contents; publication; service of notice. [Effective through December 31, 2027.] 1. As soon as practicable after the State Engineer enters an order granting the petition or selecting the streams upon w…

NRS 533.100 Investigation of flow of stream and ditches by State Engineer; preparation of surveys and maps. 1. The State Engineer shall begin an investigation of the flow of the stream and of the ditches diverting water, and of the lands irrigated therefrom, and shall gather such…

NRS 533.105 Use of data compiled by United States Geological Survey or other persons. If satisfactory data are available from the measurements and areas compiled by the United States Geological Survey or other persons, the State Engineer may dispense with the execution of such su…

NRS 533.115 Blank forms enclosed with notice; form of proof; preparation of map. [Effective through December 31, 2027.] 1. The State Engineer shall, in addition, enclose with the notice to be mailed as provided in subsection 4 of NRS 533.095, blank forms upon which a claimant who…

NRS 533.120 Statements to be certified under oath; no fee for furnishing blank form. [Effective through December 31, 2027.] 1. Each claimant shall be required to certify to his or her statement presented pursuant to NRS 533.115 under oath. 2. Blank forms must be furnished by the …

NRS 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. [Effective through December 31, 2027.] 1. The State Engineer shall commence the taking of…

NRS 533.130 Petition to intervene may be filed by interested person not served; contents. 1. Any person interested in the water of any stream upon whom no service of notice shall have been had of the pendency of proceedings for the determination of the relative rights to the use …

NRS 533.135 Fees of State Engineer; disposition. 1. At the time of submission of proofs of appropriation, the State Engineer shall collect a fee of $60 for a proof of water used for watering livestock purposes. The State Engineer shall collect a fee of $120 for any other characte…

NRS 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 pro…

NRS 533.145 Objections to preliminary order of determination; form and contents of objection. 1. Any person claiming any interest in the stream system involved in the determination of relative rights to the use of water, whether claiming under vested right or under permit from th…

NRS 533.150 Hearings of objections to preliminary order of determination: Contents and service of notice; procedure; witnesses; evidence. 1. Unless the claimant waives the requirement for a hearing, the State Engineer shall fix a time and place for the hearing of objections. Noti…

NRS 533.155 Hearing of objections: Court reporter; transcript; division of fees. All testimony taken at the hearings must be reported and transcribed by a certified court reporter. The original and one copy of the transcript of the proceedings must be filed with the State Enginee…

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. 1. As soon as practicable after the hearing of objections to the preliminary order of determination, the State Engine…

NRS 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. 1. As soon as practicable th…

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. 1. At least 5 days prior to the date set for hearing, all parties in interest who are aggrieved or dissatisfied with …

NRS 533.175 Employment of experts by court. For further information on any subject in controversy the court may employ one or more qualified persons to investigate and report thereon, under oath, subject to examination by any party in interest as to his or her competency to give …

NRS 533.180 Court may refer case to State Engineer for further evidence. The court may, if necessary, refer the case or any part thereof for such further evidence to be taken by the State Engineer as it may direct, and may require a further determination by the State Engineer, su…

NRS 533.185 Entry of judicial decree; revised map; delivery and filing of final judgment. 1. After the hearing the court shall enter a decree affirming or modifying the order of the State Engineer. 2. If the court enters a decree holding that the water right of a claimant is diff…

NRS 533.190 Costs: Assessment by court; entry of charges on assessment roll; collection and disposition of money. 1. At any time in the course of the hearings, the court may, in its discretion, by order assess and adjudge against any party such costs as it deems just and equitabl…

NRS 533.195 Powers of successor judge; inapplicability of NRS 3.180. 1. Whenever a judge before whom a proceeding for the adjudication of a stream system is pending and not yet completed shall cease to be such judge from any cause whatsoever, his or her successor, to whom such pr…

NRS 533.200 Appeal from decree to appellate court: Procedure; service of notice of appeal. Appeals from such decree may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Cons…