Title 48

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…

NRS 533.205 Motion for new trial: Service of notice of intention to move for new trial. Notice of intention to move for a new trial shall be served upon the attorneys of record for claimants who have filed exceptions or objections to the final order of determination of the State …

NRS 533.210 Finality of decree; application for modification within 3 years after entry; limitations on modification; notice of application. 1. The decree entered by the court, as provided by NRS 533.185, shall be final and shall be conclusive upon all persons and rights lawfully…

NRS 533.215 Waiver of notices by claimants or appropriators. Whenever there are 10 or less appropriators or claimants upon a stream system, and all of such claimants or appropriators in writing waive the provisions of this chapter with reference to notices and the service and pub…

NRS 533.220 Distribution of water; enforcement of order or decision of State Engineer; appeal. 1. From and after the filing of the order of determination in the district court, the distribution of water by the State Engineer or by any of the State Engineer’s assistants or by the …

NRS 533.225 County clerk to transmit certified copy of decree to State Engineer; effectiveness of decree. Immediately upon the entry of any decree by the court, the county clerk shall transmit a certified copy of the decree to the State Engineer, who shall immediately enter the s…

NRS 533.230 Division of water by State Engineer during time order of determination is pending in district court. From and after the filing of the order of determination, evidence and transcript with the county clerk, and during the time the hearing of the order is pending in the …

NRS 533.235 Operation of order of determination may be stayed by filing bond with court; conditions of bond; duties of State Engineer. 1. At any time after the order of determination, evidence and transcript has been filed with the clerk of the court, the operation of the order o…

NRS 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. 1. In any suit brought in the district court for the determination of…

NRS 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. 1. Any and all maps, plats, surveys and evidence on file in the Office of the State …

NRS 533.255 Submission of findings made before March 25, 1915. In all cases where the State Engineer has issued findings prior to March 25, 1915, declaring the relative rights of appropriators in and to the waters of any stream system, the same may be submitted to the court under…

NRS 533.260 Regulations of State Engineer requiring blueprints from claimants to be attached to proofs. The State Engineer shall have power to make and enforce such reasonable rules and regulations for the furnishing by claimants of blueprints of particular parcels of land shown …

NRS 533.265 State Engineer to issue certificates upon final determination of relative rights; contents of certificates; exceptions. 1. Upon the final determination of the relative rights in and to the waters of any stream system, the State Engineer shall issue to each person repr…

NRS 533.270 Water commissioners: Appointment; duties and salaries; exemption from state human resources system; district supervisors. 1. The State Engineer shall appoint, subject to confirmation by any court having jurisdiction, one or more water commissioners for any stream syst…

NRS 533.275 Engineer for supervision of distribution: Appointment; salary and expenses; additional work. 1. The State Engineer may appoint an engineer, who is qualified in hydrographic and water distribution experience, to work in a supervisory capacity on water distribution and …

NRS 533.280 Annual budget for stream system or water district: Preparation; contents; limitation on assessment. 1. The State Engineer shall, between the first Monday of October and the first Monday of December of each year, prepare a budget of the amount of money estimated to be …

NRS 533.285 Entry on assessment roll of charges in budget; collection of special assessment. 1. Upon receipt of such budget by the board of county commissioners, the board of county commissioners shall certify the respective charges contained therein to the county assessor. The c…

NRS 533.290 Water District Account: Creation; deposit and use of money; accounting. 1. The assessments and charges provided for in NRS 533.285, when collected, must be deposited with the State Controller in the same manner as other special assessments, for credit to the Water Dis…

NRS 533.295 Limitation on use of Water District Account; “expenses” defined. 1. Except as otherwise provided in NRS 534.040, money in the Water District Account must be used exclusively for expenses incurred in the administration, operation and maintenance of the particular strea…

NRS 533.300 State to be divided into water districts; appointment of advisory boards by State Engineer; meetings. 1. The State Engineer shall divide the State into water districts, to be so constituted as to insure the best protection for the water users, and the most economical …

NRS 533.305 Division of water among ditches and reservoirs; regulation of distribution among users; notice of regulation by water commissioner; duties of district attorney. 1. The State Engineer shall divide or cause to be divided the waters of the natural streams or other source…

NRS 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. 1. On any stream in this state on which the water rights have been adj…

NRS 533.315 Payment of certain costs in proceeding under NRS 533.310. The cost of the hydrographic survey of the stream system and the preparation of the reports and maps by the State Engineer necessary to advise the court in proceedings under NRS 533.310 shall be paid by the wat…

NRS 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. The estimated cost of the administration of the final decree and the distribution of the waters of the …

NRS 533.324 “Water already appropriated” defined. As used in NRS 533.325, 533.345 and 533.425, “water already appropriated” includes water for whose appropriation the State Engineer has issued a permit but which has not been applied to the intended use before an application to ch…

NRS 533.325 Application to State Engineer for permit. Except as otherwise provided in NRS 533.027, 533.028 and 534.065, any person who wishes to appropriate any of the public waters, or to change the place of diversion, manner of use or place of use of water already appropriated,…