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2023 Nevada Revised Statutes › Chapter 534 - Underground Water and Wells › NRS 534.195 - 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, order or decision issued or regulation adopted by the State Engineer pursuant to this chapter or NRS 532.120.
2. On a showing by the State Engineer that a person is engaged, or is about to engage, in any act or practice which violates or will violate any provision of this chapter, or any permit, order or decision issued or regulation adopted by the State Engineer pursuant to this chapter or NRS 532.120, the court may issue, without a bond, any prohibitory or mandatory injunction that the facts may warrant, including a temporary restraining order issued ex parte or, after notice and hearing, a preliminary or permanent injunction.
3. Failure to establish lack of an adequate remedy at law or irreparable harm is not a ground for denying a request for a temporary restraining order or injunction.
4. The court may require the posting of a sufficient performance bond or other security to ensure compliance with the court order within the period prescribed.
5. Any proceeding conducted or injunction or order issued pursuant to this section is in addition to, and not in lieu of, any other penalty or remedy available for a violation of this chapter.
(Added to NRS by 2007, 2021)
2023 Nevada Revised Statutes › Chapter 534 - Underground Water and Wells › NRS 534.250 - Project for recharge, storage and recovery of water: Permit required; issuance, contents, modification and assignment of permit; monitoring requirements.

1. Any person desiring to operate a project must first make an application to, and obtain from, the State Engineer a permit to operate such a project.
2. The State Engineer shall, upon application, issue a permit to operate a project if the State Engineer determines that:
(a) The applicant has the technical and financial capability to construct and operate a project.
(b) The applicant has a right to use the proposed source of water for recharge pursuant to an approved appropriation consistent with this chapter and chapter 533 of NRS. Any determination made by the State Engineer for purposes of this paragraph is not binding in any other proceeding.
(c) The project is hydrologically feasible.
(d) If the project is in an area of active management, the project is consistent with the program of augmentation for that area.
(e) The project will not cause harm to users of land or other water within the area of hydrologic effect of the project.
3. The holder of a permit may apply to the State Engineer for approval to assign the permit to another person. The State Engineer must approve the assignment if the person to whom the permit is to be assigned will meet the requirements of paragraphs (a) and (b) of subsection 2 when the assignment is completed.
4. A permit for a project must include:
(a) The name and mailing address of the person to whom the permit is issued.
(b) The name of the area of active management, groundwater basin or groundwater sub-basin, as applicable, in which the project will be located.
(c) The capacity and plan of operation of the project.
(d) Any monitoring program required pursuant to subsection 5.
(e) Any conditions which are imposed pursuant to this chapter or any regulation adopted pursuant thereto.
(f) Any other information which the State Engineer deems necessary to include.
5. The State Engineer shall require the holder of a permit to monitor the operation of the project and the effect of the project on users of land and other water within the area of hydrologic effect of the project. In determining any monitoring requirements, the State Engineer shall cooperate with all government entities which regulate or monitor, or both, the quality of water.
6. The State Engineer, on his or her initiative or at the request of the holder of the permit, may modify the conditions of the permit if monitoring demonstrates that modifications are necessary. In determining whether modifications are necessary, the State Engineer shall consider uses of land or water which were not in existence when the permit was issued.
(Added to NRS by 1987, 1771)
2023 Nevada Revised Statutes › Chapter 534 - Underground Water and Wells › NRS 534.260 - Project for recharge, storage and recovery of water: Contents of application for permit.

The State Engineer shall prescribe and furnish guidelines for an application for a permit for a project. The application must include:
1. A fee for application of $2,500;
2. The name and mailing address of the applicant;
3. The name of the area of active management, groundwater basin or groundwater sub-basin, as applicable, in which the applicant proposes to operate the project;
4. The name and mailing address of the owner of the land on which the applicant proposes to operate the project;
5. The legal description of the location of the proposed project;
6. Such evidence of financial and technical capability as the State Engineer requires;
7. The source, quality and annual quantity of water proposed to be recharged, and the quality of the receiving water;
8. The legal basis for acquiring and using the water proposed to be recharged;
9. A description of the proposed project including its capacity and plan of operation;
10. A copy of a study that demonstrates:
(a) The area of hydrologic effect of the project;
(b) That the project is hydrologically feasible;
(c) That the project will not cause harm to users of land and water within the area of hydrologic effect; and
(d) The percentage of recoverable water;
11. The proposed duration of the permit; and
12. Any other information which the State Engineer requires.
(Added to NRS by 1987, 1771)
2023 Nevada Revised Statutes › Chapter 534 - Underground Water and Wells › NRS 534.280 - Project for recharge, storage and recovery of water: Annual report to State Engineer.

1. Any person who holds a permit for a project must compile and file with the State Engineer annual reports which define the operation of the project and provide such information as the State Engineer requires.
2. Each report must contain either a sworn statement or a certification, under penalty of perjury, that the information contained in the report is true and correct according to the best belief and knowledge of the person filing the report.
3. The annual report must be maintained on a calendar-year basis for the preceding calendar year. If a person who is required to file an annual report under this section fails to file a report when due, the State Engineer may assess and collect a penalty of $500 for each month or portion of a month that the annual report is delinquent. The total penalty assessed under this subsection must not exceed $5,000.
4. The records and reports required to be kept and filed pursuant to this section must be in such form as the State Engineer prescribes.
(Added to NRS by 1987, 1773)
2023 Nevada Revised Statutes › Chapter 534 - Underground Water and Wells › NRS 534.290 - Project for recharge, storage and recovery of water: Permit for recovery well; recovery limited to designated wells; designation of person entitled to recover water; use or exchange of recovered water.

1. A permit for a recovery well must comply with the requirements of this chapter and chapter 533 of NRS.
2. The holder of a permit for a project may recover water stored pursuant to the permit only from wells designated by the holder and approved by the State Engineer, located within the area of hydrologic effect of the project as determined by the State Engineer.
3. The person entitled to recover the water must be designated by the holder of the permit and approved by the State Engineer.
4. The holder of a permit for a project and a permit for a recovery well may use or exchange water recovered pursuant to those permits only in the manner in which it was permissible for him or her to use that water before it was stored.
(Added to NRS by 1987, 1774)
2023 Nevada Revised Statutes › Chapter 534 - Underground Water and Wells › NRS 534.300 - Project for recharge, storage and recovery of water: Storage account to be established; limit on amount of water recovered.

1. The State Engineer shall establish a storage account for each project for which the State Engineer has issued a permit. If the project stores water from more than one source, the State Engineer shall establish subaccounts for each source of water.
2. The holder of a permit for a project may recover only the recoverable amount of water that is stored by the project.
3. For the purposes of this section, "recoverable amount" means the amount of water, as determined by the State Engineer, that has reached the aquifer and remains within the area of active management.
(Added to NRS by 1987, 1774)
2023 Nevada Revised Statutes › Chapter 534 - Underground Water and Wells › NRS 534.310 - Project for recharge, storage and recovery of water: Annual fee for permit; disposition of money received by State Engineer; employment of consultants by State Engineer.

1. The State Engineer shall levy and collect an annual fee from each person who holds a permit for a project. The State Engineer shall establish the amount of the fee for the following year not later than October 1 of each year.
2. Within 30 days after the State Engineer sets the fee, the State Engineer shall mail written notice of the fee to all holders of permits.
3. The fee must be paid to the State Engineer at the time the person holding a permit files an annual report. If a person who is required to pay a fee fails to pay the fee when due, the State Engineer may assess and collect a penalty of 10 percent of the unpaid fee, without compounding, for each month or portion of a month that the fee is delinquent. The total penalty assessed must not exceed 60 percent of the unpaid fee.
4. Money received by the State Engineer pursuant to this section, subsection 1 of NRS 534.260 and subsection 3 of NRS 534.280 must be deposited with the State Treasurer for credit to the Account for Projects for Recharge, Underground Storage and Recovery of Water in the State General Fund. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Money in the Account must only be used for the administration of this chapter.
5. The State Engineer may employ special consultants to assist the State Engineer in fulfilling his or her responsibilities pursuant to this chapter.
(Added to NRS by 1987, 1774; A 1989, 288)
2023 Nevada Revised Statutes › Chapter 534 - Underground Water and Wells › NRS 534.320 - Project for recharge, storage and recovery of water: Revocation or suspension of permit; orders to cease and desist; injunction.

1. The State Engineer may periodically review a project to determine if the holder of the permit is complying with the terms and conditions of the permit and the public interest is properly guarded. The State Engineer may permanently revoke or temporarily suspend the permit for good cause after an investigation and a hearing. Notice must be sent to the holder of the permit at least 15 days before the hearing, by registered or certified mail, that the holder has failed to comply with this chapter. In determining whether to revoke or suspend a permit, the State Engineer shall consider uses of land and water which were not in existence when the permit was issued.
2. Except as otherwise provided in subsection 3, if the State Engineer has reason to believe that a person is violating or has violated a provision of this chapter or a permit issued or regulation adopted pursuant to this chapter, the State Engineer may issue a written notice that the person must appear and show cause, at a hearing before the State Engineer not less than 15 days after the receipt of the notice, why the person should not be ordered to cease and desist from the violation. The notice must inform the person of the date, time and place of the hearing and the consequences of failure to appear.
3. If the State Engineer finds that a person is constructing or operating a project in violation of this chapter, the State Engineer may issue a temporary order for the person to cease and desist the construction pending final action by the State Engineer pursuant to subsection 4. The order must include written notice to the person of the date, time and place where the person must appear at a hearing before the State Engineer to show cause why the temporary order should be vacated. The hearing must be held not less than 15 days after the date of the order.
4. After a hearing pursuant to subsection 2 or 3, or after the expiration of the time to appear, the State Engineer shall issue a decision and order. The decision and order may take such form as the State Engineer determines to be reasonable and appropriate and may include a determination of violation, an order to cease and desist, the recommendation of a civil penalty and an order directing that positive steps be taken to abate or ameliorate any harm or damage arising from the violation. The person affected may appeal the decision to the district court pursuant to NRS 533.450.
5. If the person continues the violation after the State Engineer has issued a final decision and order pursuant to subsection 4 or a temporary order pursuant to subsection 3, the State Engineer may apply for a temporary restraining order or a preliminary or permanent injunction from the district court. A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator.
(Added to NRS by 1987, 1774)
2023 Nevada Revised Statutes › Chapter 534 - Underground Water and Wells › NRS 534.330 - Project for recharge, storage and recovery of water: Penalties.

1. A person who is determined pursuant to NRS 534.320 to be in violation of this chapter or a permit issued or regulation adopted pursuant to this chapter may be assessed a civil penalty in an amount not exceeding:
(a) One hundred dollars per day of violation not directly related to illegal recovery or use of stored water; or
(b) Ten thousand dollars per day of violation directly related to illegal recovery or use of stored water.
2. An action to recover penalties pursuant to this section must be brought by the State Engineer in the district court in the county in which the violation occurred.
(Added to NRS by 1987, 1775)
2023 Nevada Revised Statutes › Chapter 534 - Underground Water and Wells › NRS 534.360 - Water Rights Technical Support Account: Creation; administration; uses.

1. There is hereby created in the State General Fund an account designated as the Water Rights Technical Support Account. The Account must be administered by the Board for Financing Water Projects.
2. The Water Rights Technical Support Account is a continuing account without reversion. Money in the Account must be invested as the money in other state accounts is invested. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Claims against the Account must be paid as other claims against the State are paid.
3. The Board for Financing Water Projects may accept gifts, grants and donations from any source for deposit in the Water Rights Technical Support Account.
4. Except as otherwise provided in subsection 5, money in the Water Rights Technical Support Account must be used by the Board for Financing Water Projects only to make grants to a local government to:
(a) Obtain and provide expert and technical assistance to gather data to protect its existing water rights; or
(b) Fund projects to enhance or protect its existing water rights.
5. Any grant of money from the Water Rights Technical Support Account must not be used by a local government to pay for any assistance or projects as set forth in subsection 4 if the only purpose of the assistance or project is to obtain evidence, including, without limitation, technical evidence and oral testimony or to pay for expert witnesses or attorney’s fees for or in anticipation of any administrative or judicial proceeding, including, without limitation, hearings before the State Engineer or in any state or federal court.
(Added to NRS by 2005, 2565; A 2011, 450)
2023 Nevada Revised Statutes › Chapter 534A - Geothermal Resources › NRS 534A.010 - "Geothermal resource" defined.

As used in this chapter, unless the context otherwise requires, "geothermal resource" means the natural heat of the earth and the energy associated with that natural heat, pressure and all dissolved or entrained minerals that may be obtained from the medium used to transfer that heat, but excluding hydrocarbons and helium.
(Added to NRS by 1975, 611; A 1977, 1172; 1981, 659)
2023 Nevada Revised Statutes › Chapter 534A - Geothermal Resources › NRS 534A.031 - Exploration and subsurface information: Filing with Division of Minerals of Commission on Mineral Resources; confidentiality; release to State Engineer or other agency.

1. Any exploration and subsurface information obtained as a result of a geothermal project must be filed with the Division of Minerals of the Commission on Mineral Resources within 30 days after it is accumulated. The information is confidential for 5 years after the date of filing and may not be disclosed during that time without the express written consent of the operator of the project, except that it must be made available by the Division to the State Engineer or any other agency of the State upon request. The State Engineer or other agency shall keep the information confidential.
2. If any information made confidential by subsection 1 is submitted to any other state or local governmental entity in connection with an application for a special use permit or any other license, permit or similar approval, the entity shall keep the information confidential during the period the information is confidential pursuant to subsection 1.
(Added to NRS by 1977, 383; A 1985, 1303; 1993, 1701; 1999, 3633; 2013, 1143)
2023 Nevada Revised Statutes › Chapter 534A - Geothermal Resources › NRS 534A.040 - Applicability of procedures for appropriation.

A consumptive use of water brought to the surface outside of a geothermal well is subject to the appropriation procedures of chapters 533 and 534 of NRS, except for:
1. Water that is removed from an aquifer or geothermal reservoir to develop and obtain geothermal resources if the water is returned to or reinjected into the same aquifer or reservoir; or
2. The reasonable loss of water:
(a) During a test of a geothermal well; or
(b) From the temporary failure of all or part of a system that removes water from an aquifer or geothermal reservoir, transfers the heat from that water and reinjects that water into the same aquifer or reservoir.
(Added to NRS by 1975, 611; A 1983, 2091; 1985, 1303; 1997, 284)
2023 Nevada Revised Statutes › Chapter 534A - Geothermal Resources › NRS 534A.060 - Permit required to drill or operate geothermal well or drill exploratory well; application.

1. A person may not drill or operate a geothermal well or drill an exploratory well without obtaining a permit from the Administrator of the Division of Minerals of the Commission on Mineral Resources and complying with the conditions of the permit.
2. An application must set forth such information as the Administrator requires by regulation.
(Added to NRS by 1983, 2091; A 1985, 1303; 1993, 1701; 1999, 3633)
2023 Nevada Revised Statutes › Chapter 534A - Geothermal Resources › NRS 534A.070 - Approval or rejection of application for permit to drill exploratory well; review of application for permit to drill or operate geothermal well; hearing; conditions.

1. The Administrator of the Division of Minerals of the Commission on Mineral Resources shall approve or reject an application for a permit to drill an exploratory well within 10 days after the Administrator receives the application in proper form. The permit must not be effective for more than 2 years, but may be extended by the Administrator.
2. Upon receipt of an application for a permit to drill or operate a geothermal well, the Administrator of the Division of Minerals shall transmit copies of the application to the State Engineer, the Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources, and the Director of the Department of Wildlife. After consultation with the State Engineer, the Administrator of the Division of Environmental Protection, and the Director of the Department of Wildlife, the Administrator of the Division of Minerals may issue a permit to drill or operate a geothermal well if it is determined that issuance of a permit is consistent with:
(a) The policies specified in NRS 445A.305 and 445B.100;
(b) The purposes of chapters 533 and 534 of NRS; and
(c) The purposes specified in chapter 501 of NRS.
3. The Administrator of the Division of Minerals shall approve or reject the application to drill or operate a geothermal well within 90 days after the Administrator receives it in proper form, unless it is determined that a conflict exists pursuant to subsection 2 or a public hearing is necessary pursuant to subsection 4. Notice of the conflict or need for a public hearing must be provided to the applicant within the 90-day period.
4. The State Engineer and the Administrator of the Division of Minerals may hold public hearings jointly or separately to gather such evidence or information as they deem necessary for a full understanding of all the rights involved and to guard properly the public interest.
5. A permit issued pursuant to this section must include any conditions:
(a) Deemed necessary by the Administrator of the Division of Minerals to carry out the purposes of this section; and
(b) Imposed by the State Engineer consistent with the provisions of chapters 533 and 534 of NRS.
(Added to NRS by 1983, 2091; A 1985, 1304; 1987, 778; 1993, 1701; 1997, 509; 1999, 3633; 2003, 1581)
2023 Nevada Revised Statutes › Chapter 534A - Geothermal Resources › NRS 534A.080 - Fees; use of money.

1. The Commission on Mineral Resources shall impose and collect a fee for examining and filing an application for a permit to drill or operate a geothermal well or to drill an exploratory well. The fee must be deposited with the State Treasurer, for credit to the Account for the Division of Minerals created in the State General Fund pursuant to NRS 513.103.
2. The fee may be based in part on the number of acres of land being used by the person who holds the permit.
3. The Commission and the Division of Minerals may use the money deposited in the Account for the Division of Minerals pursuant to this section to administer the provisions of this chapter.
(Added to NRS by 1983, 2091; A 1985, 1304; 1993, 111, 1702; 1995, 579)
2023 Nevada Revised Statutes › Chapter 534B - Dissolved Mineral Resources › NRS 534B.010 - Scope of chapter.

1. The provisions of this chapter govern exploration for dissolved mineral resources.
2. Ownership of dissolved mineral resources is determined by the applicable federal and state laws or regulations.
3. Except as expressly provided, nothing in this chapter shall be construed to abrogate the provisions of chapter 445A, 519A, 533, 534 or 534A of NRS.
(Added to NRS by 2017, 3412)
2023 Nevada Revised Statutes › Chapter 534B - Dissolved Mineral Resources › NRS 534B.040 - "Dissolved mineral resource" defined.

"Dissolved mineral resource" means all dissolved or entrained minerals that may be obtained from the naturally occurring liquid or brine in which they are found, including, without limitation, lithium. The term does not include a geothermal resource as defined in NRS 534A.010.
(Added to NRS by 2017, 3412)
2023 Nevada Revised Statutes › Chapter 534B - Dissolved Mineral Resources › NRS 534B.050 - "Dissolved mineral resource exploration borehole" defined.

"Dissolved mineral resource exploration borehole" means a penetration in the ground that is made to sample or obtain water or chemical, geologic, geophysical or geotechnical information about a dissolved mineral resource and which cannot be pumped as a well.
(Added to NRS by 2017, 3412)
2023 Nevada Revised Statutes › Chapter 534B - Dissolved Mineral Resources › NRS 534B.060 - "Dissolved mineral resource exploration well" defined.

"Dissolved mineral resource exploration well" means a well drilled to measure, test or sample water, including, without limitation, pumping tests, to determine whether dissolved mineral resources are present in concentrations and volumes sufficient to justify production.
(Added to NRS by 2017, 3412)
2023 Nevada Revised Statutes › Chapter 534B - Dissolved Mineral Resources › NRS 534B.080 - Permit to drill dissolved mineral resource exploration well; application; license required to drill exploration well or borehole; water right required.

1. A person may not drill a dissolved mineral resource exploration well without first obtaining a permit from the Administrator and complying with the conditions of the permit.
2. To obtain a permit to drill a dissolved mineral resource exploration well, a person must submit an application for a permit to the Administrator in the form and containing such information as prescribed by the Administrator in accordance with regulations adopted pursuant to this chapter.
3. An application submitted pursuant to subsection 2 must include:
(a) The location, design and expected depth of the well;
(b) The materials of construction for the well;
(c) The status of the land on which the well will be constructed;
(d) A plan for monitoring the well and a plan for plugging and abandoning the well in accordance with any regulations adopted pursuant to this chapter;
(e) A plan for managing any fluids generated as part of testing or sampling, which must include, without limitation, a description of how the fluids will be managed in accordance with the requirements of chapter 445A of NRS and as required by the Division of Environmental Protection of the State Department of Conservation and Natural Resources; and
(f) Any other reporting, information or analysis necessary to prevent the migration of fluids between aquifers and the degradation of the water quality in accordance with any regulations adopted pursuant to this chapter.
4. In addition to any other requirement of this section, a dissolved mineral resource exploration well or a dissolved mineral resource exploration borehole must be drilled by a person who is licensed to drill wells pursuant to NRS 534.140.
5. The issuance of a permit pursuant to NRS 534B.090 does not authorize a person to produce dissolved mineral resources without a water right.
(Added to NRS by 2017, 3412)
2023 Nevada Revised Statutes › Chapter 534B - Dissolved Mineral Resources › NRS 534B.090 - Approval or rejection of application for permit; term of permit; hearing; conditions; permit to be posted on Internet.

1. The Administrator shall approve or reject an application for a permit to drill a dissolved mineral resource exploration well within 30 days after the Administrator receives an application in proper form, unless the Administrator determines that the application conflicts with the requirements of NRS 445A.300 to 445A.730, inclusive, and any regulations adopted pursuant thereto, or any other laws and regulations administered by the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
2. A permit issued pursuant to this section must not be effective for more than 2 years, but may be extended one time by the Administrator for an additional 2 years if he or she determines that the permit complies with the requirements of this chapter and any regulations adopted pursuant thereto.
3. The Administrator and the State Engineer may hold public hearings jointly or separately to gather such evidence or information as they deem necessary for a full understanding of all the rights involved and to properly guard the public interest. The Administrator must notify the applicant, the State Engineer and the Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources in advance of any hearing held pursuant to this section.
4. A permit issued pursuant to this section must include any conditions and reporting requirements deemed necessary by the Administrator.
5. The holder of any permit issued pursuant to this section must comply with the requirements of NRS 445A.300 to 445A.730, inclusive, and any regulations adopted pursuant thereto.
6. The Administrator shall post any permit which has been approved pursuant to this section on the Internet website of the Division of Minerals within 5 days after the permit has been approved.
(Added to NRS by 2017, 3413)
2023 Nevada Revised Statutes › Chapter 534B - Dissolved Mineral Resources › NRS 534B.100 - Application fee; limitation on use.

1. The Commission on Mineral Resources shall, by regulation, establish a fee to be collected by the Division for examining and filing an application for a permit to drill a dissolved mineral exploration well. The fee must not exceed $1,500.
2. The money collected pursuant to this section:
(a) Must be deposited with the State Treasurer for credit to the Account for the Division of Minerals created in the State General Fund pursuant to NRS 513.103.
(b) May be used only to administer the provisions of this chapter.
(Added to NRS by 2017, 3414)
2023 Nevada Revised Statutes › Chapter 534B - Dissolved Mineral Resources › NRS 534B.110 - Applicability of procedures for appropriation of water.

1. The appropriation procedures of chapters 533 and 534 of NRS do not apply to the reasonable loss of water of not more than 5 acre-feet during the testing and sampling of water pumped within a dissolved mineral resource exploration project.
2. Any water pumped in excess of 5 acre-feet within a dissolved mineral resource exploration project is subject to the appropriation procedures of chapters 533 and 534 of NRS. An operator of a dissolved mineral resource exploration project must ensure that the project is in compliance with the appropriation requirements of chapters 533 and 534 of NRS before the project exceeds the threshold of 5-acre-feet.
3. As used in this section, "dissolved mineral resource exploration project" means a project, which may consist of one or more dissolved mineral resource exploration wells or boreholes or both, that is conducted on:
(a) Private land owned or controlled by a natural person or an exploration or mining company; or
(b) A mining claim on public land that is identified in an approved notice or plan required pursuant to 43 C.F.R §§ 3809.300 to 3809.336, inclusive, or 3809.400 to 3809.434, inclusive.
(Added to NRS by 2017, 3413)
2023 Nevada Revised Statutes › Chapter 534B - Dissolved Mineral Resources › NRS 534B.120 - Regulations.

The Commission on Mineral Resources:
1. Shall, in coordination with the Division of Water Resources and the Division of Environmental Protection of the State Department of Conservation and Natural Resources, adopt regulations to carry out a program for regulating the drilling and operation of dissolved mineral resource exploration wells and dissolved mineral resource exploration boreholes; and
2. May adopt any other regulations necessary to carry out the provisions of this chapter.
(Added to NRS by 2017, 3414)
2023 Nevada Revised Statutes › Chapter 534B - Dissolved Mineral Resources › NRS 534B.130 - Penalty.

Any person who willfully violates any provision of this chapter or any regulation adopted pursuant thereto or an order of the Division issued pursuant to this chapter is subject to a penalty of not more than $1,000 for each act or violation and for each day that the violation continues.
(Added to NRS by 2017, 3414)
2023 Nevada Revised Statutes › Chapter 535 - Dams and Other Obstructions › NRS 535.005 - Chapter does not authorize use of state land without authorization from State Land Registrar.

Nothing in this chapter authorizes a person to use any state land administered by the Division of State Lands of the State Department of Conservation and Natural Resources without the appropriate authorization for such a use from the State Land Registrar.
(Added to NRS by 1993, 1460)
2023 Nevada Revised Statutes › Chapter 535 - Dams and Other Obstructions › NRS 535.010 - Construction, reconstruction or alteration of dam: Permit to appropriate water required; notice; approval of plans and specifications; inspection; exemptions; penalty.

1. Any person proposing to construct a dam in this state shall, before beginning construction, obtain from the State Engineer a permit to appropriate, store and use the water to be impounded by or diverted by the dam.
2. Any such person obtaining or possessing such a permit shall:
(a) Before constructing, reconstructing or altering in any way any dam, notify the State Engineer thereof; and
(b) Where the dam is or will be 20 feet or more in height, measured from the downstream toe to the crest of the dam, or is less than 20 feet in height and will impound more than 20 acre-feet of water, submit to the State Engineer in triplicate plans and specifications thereof for approval 30 days before construction is to begin.
3. The State Engineer shall examine such plans and specifications and if the State Engineer approves them the State Engineer shall return one copy with such approval to the applicant. If the State Engineer disapproves any part of the plans and specifications the State Engineer shall return them to the applicant for correction or revision.
4. The construction and use of any dam is prohibited before approval of the plans and specifications by the State Engineer.
5. The State Engineer may at any time inspect or cause to be inspected the construction work while it is in progress to determine that it is being done in accordance with the approved plans and specifications.
6. This section applies to new construction, reconstruction and alteration of old structures.
7. The provisions of this section relating to approval of plans and specifications and inspection of dams do not apply to works constructed by the United States Bureau of Reclamation or the United States Army Corps of Engineers; but such federal agencies shall file duplicate plans and specifications with the State Engineer.
8. Any person beginning the construction of any dam before approval of the plans and specifications by the State Engineer, or without having given the State Engineer 30 days’ advance notice of any proposed change, reconstruction or alteration thereof, is guilty of a misdemeanor. Each day of violation of this section constitutes a separate offense and is separately punishable.
[Part 77 1/2:140:1913; added 1951, 132]—(NRS A 1981, 1844; 1993, 206)
2023 Nevada Revised Statutes › Chapter 535 - Dams and Other Obstructions › NRS 535.020 - State Engineer to file copy of application to construct dam with Board of Wildlife Commissioners; installation of fishways; protection and preservation of fish.

1. Whenever an application for approval of plans and specifications for a new dam or for the alteration and enlargement of any dam in any stream in this state is filed with the State Engineer, the State Engineer shall file a copy of the application with the Board of Wildlife Commissioners.
2. In the construction of a dam, or the alteration or enlargement of a dam, the owner shall conform with the provisions of law for the installation of fishways over or around dams and for the protection and preservation of fish in streams obstructed by dams.
[Part 77 1/2:140:1913; added 1951, 132]—(NRS A 1979, 913)
2023 Nevada Revised Statutes › Chapter 535 - Dams and Other Obstructions › NRS 535.030 - Inspection of dams by State Engineer; powers of State Engineer to protect life or property.

1. The State Engineer from time to time shall:
(a) Make inspections of dams at state expense for the purpose of determining their safety; and
(b) Require owners to perform at their expense such work as may be necessary to supply the State Engineer with information as to the safety of such dams.
2. The owners shall perform at their expense any other work necessary to maintenance and operation which will safeguard life and property.
3. If at any time the condition of any dam becomes so dangerous to the safety of life or property as not to permit sufficient time for the issuance and enforcement of an order relative to the maintenance or operation thereof, the State Engineer may, if he or she deems it necessary, immediately employ the following remedial measures to protect either life or property:
(a) Lower the water level by releasing water from the reservoir.
(b) Completely empty the reservoir.
(c) Take such other steps as may be essential to safeguard life and property.
4. The provisions of this section shall not apply to works constructed by the United States Bureau of Reclamation or the United States Army Corps of Engineers.
[Part 77 1/2:140:1913; added 1951, 132]
2023 Nevada Revised Statutes › Chapter 535 - Dams and Other Obstructions › NRS 535.035 - State Engineer, assistants and agents authorized to enter land to investigate and carry out duties.

In addition to any inspection conducted pursuant to NRS 535.010 or 535.030, the State Engineer or any assistant or authorized agent of the State Engineer may enter the land of any owner or proprietor where any dam or other obstruction is situated at any reasonable hour of the day to investigate and carry out the duties of the State Engineer pursuant to this chapter.
(Added to NRS by 2011, 507)
2023 Nevada Revised Statutes › Chapter 535 - Dams and Other Obstructions › NRS 535.040 - Statutes and performance of State Engineer’s duties do not constitute warranty.

The provisions of NRS 535.010 to 535.035, inclusive, and the performance by the State Engineer of the duties of the State Engineer under them do not constitute a warranty in favor of anyone concerning the water to be impounded or diverted.
[Part 77 1/2:140:1913; added 1951, 132]—(NRS A 1973, 1170; 1981, 1844; 2013, 3803)
2023 Nevada Revised Statutes › Chapter 535 - Dams and Other Obstructions › NRS 535.050 - State Engineer may order removal of dam, diversion works or obstruction; limitation; procedure; payment of costs.

1. The State Engineer has the right, power and authority to order the removal of any dam, diversion works or obstruction that has been placed in any stream channel or watercourse when the dam, diversion works or obstruction has not been legally established and recognized through a valid claim of vested right, by decree of court or by a permit issued by the State of Nevada.
2. Nothing in this section is to be construed as giving the State Engineer any right or authority to remove any dam or diversion works that has been so legally recognized and established.
3. If the dam, diversion works or obstruction has not been removed after 30 days’ notice in writing given by the State Engineer and served upon the owner or person controlling the dam, diversion works or obstruction, or if no appeal has been taken from the order of the State Engineer as is provided for in NRS 533.450, then the State Engineer may remove the dam, diversion works or obstruction.
4. The State Engineer shall charge the actual cost of that removal to the water distribution account and thereafter present an itemized statement of the charge to the board of county commissioners of the county wherein those expenses were incurred. The board of county commissioners shall thereupon present a bill for the expenses to the person liable therefor under this section, and if that person neglects for 30 days thereafter to pay it, the bill and costs become a lien upon the lands and property of the person so liable for the payment of the bill, and must be collected as delinquent taxes against the lands and property are collected.
[56 1/2:140:1913; added 1951, 132]—(NRS A 1979, 670)
2023 Nevada Revised Statutes › Chapter 535 - Dams and Other Obstructions › NRS 535.060 - Obstruction of water by beaver’s dam: Procedure for removal of beaver and dams.

1. On any stream system and its tributaries in this state the distribution of the waters of which are vested in the State Engineer by law or the final decree of court, where beaver, by the construction of dams or otherwise, are found to be interfering with the lawful and necessary distribution of water to the proper users thereof, the State Engineer, upon complaint of any interested water user, shall investigate or cause the investigation of the matter.
2. The State Engineer and his or her assistants and water commissioners and the Department of Wildlife and its agents may enter upon privately owned lands for the purposes of investigating the conditions complained of and the removal and trapping of beaver.
3. If satisfied that such beaver are interfering with the flow of water to the detriment of water users, the State Engineer shall serve a written notice on the owner of the land, if it is privately owned, stating:
(a) That the beaver thereon are interfering with or stopping the flow of water necessary for the proper serving of water rights; and
(b) That unless, within 10 days from receipt of the notice, written objection to the removal of such beaver is filed with the State Engineer by the landowner, the Department of Wildlife will remove such beaver or as many thereof as will rectify the existing conditions.
4. Failure of the landowner to file such written objections shall be deemed a waiver thereof. Upon receipt of written objections, the State Engineer may make further investigation and may sustain or overrule the objections as the facts warrant. Upon the overruling of the objections, the landowner may have them reviewed by the district court having jurisdiction of the land by filing therein a petition for review within 10 days from the receipt of the order of the State Engineer overruling the objections. The proceedings on the petition must be informal and heard by the court at the earliest possible moment.
5. Upon the landowner’s waiver of objections to the removal of beaver from his or her land, or upon final determination by the court that the beaver should be removed, the State Engineer shall immediately notify the Department of Wildlife of the waiver or determination and the Department or its agents shall enter upon the land from which the beaver are to be removed and remove them or as many as may be necessary to prevent the improper flow of water as directed by the State Engineer.
6. The State Engineer may remove or cause the removal of any beaver dam found to be obstructing the proper and necessary flow of water to the detriment of water users.
[Part 1:61:1949; 1943 NCL § 3148.01] + [2:61:1949; 1943 NCL § 3148.02]—(NRS A 1969, 1561; 1979, 914; 1993, 1702; 2003, 1581)
2023 Nevada Revised Statutes › Chapter 535 - Dams and Other Obstructions › NRS 535.070 - Construction of weir in dam situated within 2 miles of incorporated city or town.

1. The term "water of such river," as used in this section, means the normal and natural flow of water in the river unaffected by flood, storm or other abnormal natural causes.
2. Any person owning, leasing or constructing any dam in any river of this State within 2 miles of an incorporated city governed by a board of county commissioners shall make or construct a weir in the dam of such size as to admit of the free passage of the water of such river during such portions of the year as such water is not being used for irrigating purposes.
3. If any person fails, neglects or refuses to comply with the provisions of subsection 2, the district attorney of the county wherein the dam is situated or being constructed shall commence mandamus proceedings to compel the person to comply with the provisions of subsection 2, or the board of county commissioners of the county may order the weir to be constructed at the expense of the county, and the county has a right of action against the owner or lessee of the dam for all expenses incurred by the county in constructing the weir and may recover judgment on the right of action and satisfy the judgment in the manner provided by law.
4. The provisions of this section do not apply to dams constructed or being constructed or hereafter to be constructed for the purpose of permanently storing the waters of such river for beneficial purposes.
[1:182:1913; 1919 RL p. 2668; NCL § 8002] + [2:182:1913; 1919 RL p. 2669; NCL § 8003] + [3:182:1913; 1919 RL p. 2669; NCL § 8004] + [4:182:1913; 1919 RL p. 2669; NCL § 8005]—(NRS A 1987, 1725)
2023 Nevada Revised Statutes › Chapter 535 - Dams and Other Obstructions › NRS 535.080 - Attorney General and County Commissioners of Washoe County authorized to institute actions to maintain flow of Truckee River.

The Attorney General and the Board of County Commissioners of Washoe County are authorized and empowered to commence suits or take such other action as may be necessary to maintain a regular or natural flow of water in the Truckee River, and in all suits so instituted, if necessary, to use the name of "The State of Nevada."
[1:120:1879; cited BH § 5013; RL § 4140; NCL § 7326]
2023 Nevada Revised Statutes › Chapter 535 - Dams and Other Obstructions › NRS 535.090 - Unlawful obstruction of appropriator’s water; penalty.

1. Whenever any appropriator of water has the lawful right-of-way for the storage, diversion or carriage of water, it shall be unlawful to place or maintain any obstruction that shall interfere with the use of his or her works or prevent convenient access thereto.
2. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
[82:140:1913; 1919 RL p. 3247; NCL § 7968] + [83:140:1913; 1919 RL p. 3247; NCL § 7969]—(NRS A 1967, 610)
2023 Nevada Revised Statutes › Chapter 535 - Dams and Other Obstructions › NRS 535.100 - Injury or obstruction of flow of water by sawmill, slaughterhouse, brewery or tannery; civil action.

1. Any person who is the owner of or in possession of any sawmill used for the making of lumber, or any slaughterhouse, brewery or tannery shall not injure or obstruct the natural flow of water in any river, creek or other stream.
2. Any city or county government, or any person, who is the owner of or in possession of any agricultural lands and who is injured by reason of the violation on the part of any person of the provisions contained in subsection 1 may commence and maintain an action against the person for any damage sustained, in such manner as may be provided by law.
[Part 1:98:1862; B § 3847; BH § 353; C § 432; RL § 4718; NCL § 8248] + [2:98:1862; B § 3848; BH § 354; C § 433; RL § 4719; NCL § 8249] + [3:98:1862; B § 3849; BH § 355; C § 434; RL § 4720; NCL § 8250]—(NRS A 1967, 610; 2007, 2022)
2023 Nevada Revised Statutes › Chapter 535 - Dams and Other Obstructions › NRS 535.110 - Unlawful removal, damage or destruction of piling, dike, dock or lock; unlawful structures.

1. Every person who willfully and maliciously removes, damages or destroys a pile or other material fixed in the ground and used for securing any bank or dam of any river or other water, or any dike, dock, quay, jetty or lock is guilty of a misdemeanor.
2. Every person who:
(a) Moors any vessel, scow, barge, raft or boom to any bridge; or
(b) Erects or maintains any unlawful structure in any stream or river,
is guilty of a misdemeanor.
[Part 1911; C&P § 487; RL § 6752; NCL § 10434]—(NRS A 1993, 864)
2023 Nevada Revised Statutes › Chapter 535 - Dams and Other Obstructions › NRS 535.200 - 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, any permit, order or decision issued by the State Engineer pursuant to this chapter or any regulation adopted by the State Engineer pursuant to NRS 532.120 to pay an administrative fine not to exceed $10,000 per day for each violation as determined by the State Engineer.
2. If an administrative fine is imposed against a person pursuant to subsection 1, the State Engineer may require the person to pay the costs of the proceeding, including investigative costs and attorney’s fees.
3. An order imposing an administrative fine or requiring the payment of costs or fees pursuant to this section may be reviewed by a district court pursuant to NRS 533.450.
(Added to NRS by 2007, 2021)