reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.395 - State Engineer may require proof of good faith and reasonable diligence; cancellation of permit; review of cancellation; considerations when reviewing extension of time.

1. If, at any time in the judgment of the State Engineer, the holder of any permit to appropriate the public water is not proceeding in good faith and with reasonable diligence to perfect the appropriation, the State Engineer shall require the submission of such proof and evidence as may be necessary to show a compliance with the law. If, in the judgment of the State Engineer, the holder of a permit is not proceeding in good faith and with reasonable diligence to perfect the appropriation, the State Engineer shall cancel the permit, and advise the holder of its cancellation. The failure to provide the proof and evidence required pursuant to this subsection is prima facie evidence that the holder is not proceeding in good faith and with reasonable diligence to perfect the appropriation.
2. If any permit is cancelled under the provisions of this section or NRS 533.390 or 533.410, the holder of the permit may within 60 days of the cancellation of the permit file a written petition with the State Engineer requesting a review of the cancellation by the State Engineer at a public hearing. The State Engineer may, after receiving and considering evidence, affirm, modify or rescind the cancellation.
3. If the decision of the State Engineer modifies or rescinds the cancellation of a permit, the effective date of the appropriation under the permit is vacated and replaced by the date of the filing of the written petition with the State Engineer.
4. The cancellation of a permit may not be reviewed or be the subject of any judicial proceedings unless a written petition for review has been filed and the cancellation has been affirmed, modified or rescinded pursuant to subsection 2.
5. For the purposes of this section, the measure of reasonable diligence is the steady application of effort to perfect the appropriation in a reasonably expedient and efficient manner under all the facts and circumstances. When a project or integrated system is comprised of several features, work on one feature of the project or system may be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.
6. The appropriation of water or the acquisition or lease of appropriated water from any:
(a) Stream system as provided for in this chapter; or
(b) Underground water as provided for in NRS 534.080,
by a political subdivision of this State or a public utility, as defined in NRS 704.020, to serve the present or the reasonably anticipated future municipal, industrial or domestic needs of its customers for water, as determined in accordance with a master plan adopted pursuant to chapter 278 of NRS or a plan approved by the State Engineer, must be considered when reviewing an extension of time.
[68:140:1913; 1919 RL p. 3242; NCL § 7953]—(NRS A 1981, 114; 1993, 2351; 1995, 2660, 2661)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 for the application of water to beneficial use, or on the date set by the State Engineer under a proper application for extension therefor, any person holding a permit from the State Engineer to appropriate the public waters of the State of Nevada, to change the place of diversion or the manner or place of use, shall file with the State Engineer a statement under oath, on a form prescribed by the State Engineer. The statement must include:
(a) The name and post office address of the person making the proof.
(b) The number and date of the permit for which proof is made.
(c) The source of the water supply.
(d) The name of the canal or other works by which the water is conducted to the place of use.
(e) The name of the original person to whom the permit was issued.
(f) The purpose for which the water is used.
(g) If for irrigation, the actual number of acres of land upon which the water granted in the permit has been beneficially used, giving the same by 40-acre legal subdivisions when possible.
(h) An actual measurement taken by a licensed state water right surveyor or an official or employee of the Office of the State Engineer of the water diverted for beneficial use.
(i) The capacity of the works of diversion.
(j) If for power, the dimensions and capacity of the flume, pipe, ditch or other conduit.
(k) The average grade and difference in elevation between the termini of any conduit.
(l) The number of months, naming them, in which water has been beneficially used.
(m) The amount of water beneficially used, taken from actual measurements, together with such other data as the State Engineer may require to become acquainted with the amount of the appropriation for which the proof is filed.
2. The provisions of subsection 1 do not apply to a person holding an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504.
[Part 69:140:1913; A 1951, 132]—(NRS A 1967, 991; 1991, 760; 2011, 1569; 2013, 503, 3679)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 following:
(a) The point of diversion by legal subdivisions or by metes and bounds from some corner, when possible, from the source of supply.
(b) The traverse of the ditch or other conduit, together with cross sections of the same.
(c) The legal subdivisions of the land embraced in the application for the permit and the outline by metes and bounds of the irrigated area, with the amount thereof.
(d) The average grade and the difference in elevation of the termini of the conduit, and the carrying capacity of the same.
(e) The actual quantity of water flowing in the canal or conduit during the time the survey was being made.
2. The map must bear the affidavit of the surveyor or engineer making such survey and map. If the survey and map are made by different persons the affidavit of each must be on the map, showing that the map as compiled agrees with the survey.
3. The map shall conform with such rules and regulations as the State Engineer shall make, which rules shall not be in conflict herewith.
[Part 69:140:1913; A 1951, 132; 2023, 1039]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 the date set by any extension granted by the State Engineer, to file with the State Engineer proof of application of water to beneficial use, and the accompanying map, if a map is required, the State Engineer shall advise the holder of the permit, by registered or certified mail, that the permit is held for cancellation. If the holder, within 30 days after the mailing of this notice, fails to file with the State Engineer the required affidavit and map, if a map is required, or an application for an extension of time to file the instruments, the State Engineer shall cancel the permit. For good cause shown, upon application made before the expiration of the 30-day period, the State Engineer may grant an extension of time in which to file the instruments.
[Part 69:140:1913; A 1951, 132]—(NRS A 1967, 194; 1981, 114, 1838)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 State Engineer may make. The State Engineer may, in his or her discretion, require additional data to be placed thereon, and may make proper provision therefor.
[70:140:1913; 1919 RL p. 3243; NCL § 7955]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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, in the discretion of the State Engineer, be barred from the further practice of engineering in any matters before the State Engineer, in addition to suffering the penalties prescribed by law for swearing falsely to any affidavit.
[71:140:1913; 1919 RL p. 3243; NCL § 7956]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 Engineer that any application to appropriate water or any application for permission to change the place of diversion, manner or place of use of water already appropriated has been perfected in accordance with the provisions of this chapter, the State Engineer shall issue to the holder or holders of the permit a certificate setting forth:
(a) The name of each holder of the permit.
(b) The date, source, purpose and amount of appropriation.
(c) If for irrigation, a description of the irrigated lands by legal subdivisions, when possible, to which the water is appurtenant.
(d) The number of the permit under which the certificate is issued.
2. If the water is appropriated from an underground source, the State Engineer shall issue with the certificate a notice of the provisions governing the forfeiture and abandonment of such water rights. The notice must set forth the provisions of NRS 534.090.
[72:140:1913; A 1931, 211; 1937, 84; 1931 NCL § 7957]—(NRS A 1967, 280; 1975, 713; 1995, 436, 1016, 1018, 2524; 2017, 3501)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 the provisions of NRS 533.087 to 533.235, inclusive, shall be, and the same is hereby declared to be, subject to existing rights and to the decree and modifications thereof entered in such adjudication proceedings, and the same shall be subject to regulation and control by the State Engineer and the water commissioners in the same manner and to the same extent as rights which have been adjudicated and decreed under the provisions of this chapter. Every such holder of a certificate or a permit shall in like manner be subject to all of the provisions of NRS 533.270 to 533.305, inclusive, 533.465, 533.475, 533.480, 533.481, 533.482, 535.050, 536.010, 536.020 and 536.030.
2. Upon any stream or stream system that has not been adjudicated and upon which the State Engineer has heretofore granted and may hereafter grant a permit or permits to appropriate water therefrom, any and all such permitted rights to the use of water so granted shall be subject to regulation and control by the State Engineer to the same extent and in the same manner as adjudicated and permitted rights upon streams and stream systems heretofore adjudicated pursuant to the provisions of this chapter.
[72a:140:1913; added 1921, 171; A 1947, 518; 1943 NCL § 7958]—(NRS A 2009, 1860)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 addition to the information required by NRS 533.335, an applicant for a temporary permit shall submit to the State Engineer:
(a) A plan for establishing vegetative cover that is resistant to fire in the area;
(b) Any other information which is necessary for a full understanding of the necessity of the appropriation; and
(c) For:
(1) Examining and filing the application for the temporary permit, $150.
(2) Issuing and recording the temporary permit, $200.
3. The State Engineer may forward a plan submitted pursuant to subsection 2 to the State Forester Firewarden for his or her review and comments.
4. The State Engineer shall approve an application for a temporary permit if:
(a) The application is accompanied by the prescribed fees;
(b) The appropriation is in the public interest; and
(c) The appropriation does not impair water rights held by other persons.
5. A temporary permit issued pursuant to this section must not exceed 1 year in duration.
(Added to NRS by 2011, 1563)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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, 757)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 of the State Department of Conservation and Natural Resources requiring the applicant to take steps to protect the environment;
2. Any other information which is necessary for a full understanding of the necessity of the appropriation; and
3. For examining and filing the application for the environmental permit, $180. For issuing and recording the environmental permit, $180 plus $3 per acre-foot approved or fraction thereof.
(Added to NRS by 1991, 757; A 2013, 1238)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 Protection of the State Department of Conservation and Natural Resources requiring the applicant to take steps to protect the environment;
2. The appropriation is in the public interest; and
3. The appropriation does not impair water rights held by other persons.
(Added to NRS by 1991, 757)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 Division of Environmental Protection of the State Department of Conservation and Natural Resources requiring the applicant to take steps to protect the environment.
2. Change the use for which the environmental permit is issued.
(Added to NRS by 1991, 757)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 groundwater results in the transfer to and beneficial use of water in a county in this State other than the county in which the water is appropriated or in another state, the county of origin may impose a fee of $10 per acre-foot per year on the transfer.
2. A county of origin shall not impose a fee pursuant to subsection 1 without the prior approval of the State Engineer. The county of origin shall notify the State Engineer in writing of its intent to impose the fee. The State Engineer shall review the notice of intent to impose the fee to determine:
(a) Whether the appropriation of groundwater pursuant to the permit specified in subsection 1 results in a transfer to and beneficial use of water in a county in this State other than the county of origin or in another state; and
(b) The amount of water, if any, that is:
(1) Subject to the proposed fee because of that transfer and beneficial use; or
(2) Not subject to the proposed fee pursuant to subsection 4.
3. Within 30 days after reviewing the notice of intent to impose the fee, the State Engineer shall send a written notice to the county of origin that includes the results of his or her review. If the State Engineer determines that the appropriation of groundwater pursuant to the permit results in a transfer to and beneficial use of water in a county in this State other than the county of origin or in another state, the State Engineer shall include in the notice the amount of water that is subject to the proposed fee. The county may, upon such a determination, impose the fee on the transfer.
4. A fee may not be imposed pursuant to this section on water that is appropriated and beneficially used pursuant to a permit to appropriate groundwater which is issued for a point of diversion and a place of beneficial use in the county of origin and which, after the water is diverted and beneficially used, is discharged or migrates into a county in this State other than the county of origin or into another state.
5. All money collected from a fee imposed pursuant to this section must be deposited in a trust fund for the county. The principal and interest of the trust fund may be used by the county only for the purposes of economic development, health care and education.
6. For the purposes of this section, if a basin includes land lying in more than one county, each county any part of whose land is included is a county of origin to the extent of the proportionate amount of water transferred from it. The State Engineer shall determine the respective proportions.
7. As used in this section:
(a) A "basin" is one designated by the State Engineer for the purposes of chapter 534 of NRS.
(b) "Origin" means the place where water is taken from underground.
(Added to NRS by 1991, 1368; A 2001, 1933; 2005, 497, 498)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 the county of origin may execute a plan to mitigate the adverse economic effects caused by the transfer of water from the county of origin to another county. If such a plan is executed, the plan is binding on the county of origin and the applicant or his or her successor.
2. A plan to mitigate the adverse economic effects caused by the transfer of water from the county of origin to another county may include, but is not limited to, provisions concerning:
(a) The reservation of designated water rights to the county of origin; and
(b) Compensation for the foreseeable effects of the transfer.
3. If a plan is executed pursuant to subsection 1, the applicant shall submit the plan to the State Engineer. The State Engineer may modify a plan executed pursuant to subsection 1 if a provision of the plan:
(a) Violates a specific statute; or
(b) Becomes impossible or impracticable to put into effect.
(Added to NRS by 1991, 1368; A 2005, 499)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 person or persons proposing to apply to a beneficial use the water stored in any such reservoir shall file an application for a permit, to be known herein as the secondary permit, in compliance with the provisions of NRS 533.324 to 533.435, inclusive, except that no notice of such application shall be published.
2. The application shall refer to the reservoir for a supply of water and shall show by documentary evidence that an agreement has been entered into with the owner of the reservoir for a permanent and sufficient interest in such reservoir to impound enough water for the purpose set forth in the application.
3. Effluent discharged from the point of the final treatment from within a sewage collection and treatment system shall be considered water as referred to in this chapter, and shall be subject to appropriation for beneficial use under the reservoir-secondary permit procedure described in this section. Nothing in this section shall preclude appropriation in accordance with and subject to the provisions of NRS 533.324 to 533.435, inclusive.
4. When beneficial use has been completed and perfected under the secondary permit, and after the holder thereof shall have made proofs of the commencement and completion of his or her work, and of the application of water to beneficial use, as in the case of other permits, as provided in this chapter, a final certificate of appropriation shall issue as other certificates are issued, except that the certificate shall refer to both the works described in the secondary permit and the reservoir described in the primary permit.
[76:140:1913; 1919 RL p. 3245; NCL § 7962]—(NRS A 1971, 1060)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 watercourse for the purpose of carrying stored or impounded water from the reservoir to the consumer thereof, the owner, manager or lessee shall, in writing, notify the State Engineer and the water commissioner of the district in which the water is to be used, giving the date when it is proposed to discharge water from the reservoir, its volume, and the names of all the persons and ditches entitled to its use. The State Engineer or an assistant thereof shall then regulate such works and headgates of all ditches from the stream or watercourse not entitled to the use of such stored water as will enable those having the right to secure the volume to which they are entitled.
2. The State Engineer shall keep a true and distinct account of the time spent by the State Engineer in the discharge of his or her duties, as defined in this section, and shall present a certified statement thereof to the board of county commissioners of the county wherein the expense is incurred. The board of county commissioners shall present a bill for the expense so incurred to the reservoir owner, manager or lessee, and if such owner, manager or lessee shall neglect for 30 days after the presentation of such bill of costs to pay the same, the costs shall be made a charge upon the reservoir and shall be collected as delinquent taxes until payment of such bill of costs has been made.
[77:140:1913; 1919 RL p. 3246; NCL § 7963]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 the decree becomes final and the State Engineer has brought in that court any proceeding, either civil or of a criminal nature, concerning the administration of and for the enforcement of the provisions of the decree, and wherein the validity of the decree or any of its provisions is drawn in question by adversary parties and the decision or judgment of the court is that the decree or a part thereof is invalid, the State Engineer shall be deemed a party in interest with the right to take an appeal from such decision or judgment 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 Constitution.
2. Such appeal may be taken in the same manner as appeals in civil cases.
[75 1/2:140:1913; added 1947, 518; 1943 NCL § 7961.01]—(NRS A 1977, 427; 2013, 1789)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 legal right shall be prima facie evidence of the guilt of the person using or diverting it.
[81:140:1913; 1919 RL p. 3247; NCL § 7967]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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, dam or pond and retain, or cause the water to be held or retained therein, without making any other use of the water; or
(b) To divert and conduct the water, or portion thereof, away from any river, creek or stream, and run or allow the water to run to waste on sagebrush or greasewood land.
The irrigation of unimproved pasture which has a surface water right shall not be deemed to be a waste of water.
2. Any person who wastes water in violation of any of the provisions of subsection 1 is guilty of a misdemeanor.
[1:48:1889; C § 430; RL § 4721; NCL § 8006] + [2:48:1889; C § 431; RL § 4722; NCL § 8007]—(NRS A 1967, 609; 1983, 352)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 through the person’s ditch which has been lawfully denied the person by the State Engineer, the State Engineer’s assistants or water commissioners, shall be guilty of a misdemeanor.
2. The possession or use of water when the same shall have been lawfully denied by the State Engineer or other competent authority shall be prima facie evidence of the guilt of the person using it.
[55:140:1913; 1919 RL p. 3237; NCL § 7940]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 salaries of such guards shall be charged against the owner or owners of the ditch or ditch system and become a valid lien against the lands having water rights thereunder. The costs shall be assessed against these lands and collected in the same manner as provided in NRS 533.445 for the distribution of waters from reservoirs on the stream system.
[55a:140:1913; added 1933, 138; A 1945, 87; 1943 NCL § 7940.01]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 or other competent police officer within the county. Immediately on delivering any such person so arrested into the custody of the sheriff, the State Engineer or assistant making such arrest shall immediately, in writing, and upon oath, make a complaint before the justice of the peace against the person so arrested.
[57:140:1913; 1919 RL p. 3238; NCL § 7942]—(NRS A 2017, 1433)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 regulation adopted by the State Engineer pursuant to this chapter or NRS 532.120 to:
(a) Pay an administrative fine not to exceed $10,000 per day for each violation as determined by the State Engineer.
(b) In the case of an unauthorized use or willful waste of water in violation of NRS 533.460 or an unlawful diversion of water in violation of NRS 533.463, or any other violation of this chapter that, as determined by the State Engineer, results in an unlawful use, waste or diversion of water, replace not more than 200 percent of the water used, wasted or diverted.
2. If an administrative fine is imposed against a person pursuant to subsection 1 or the person is ordered to replace any water pursuant to that subsection, 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 replacement of water or 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, 2014)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 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, certificate, decision or order 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 specified in this section.
(Added to NRS by 2007, 2015)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 purposes.
2. "Range livestock" means livestock which during the general period or season when they are being or are proposed to be watered at the place involved are subsisting chiefly or entirely by grazing on the public range.
[6:201:1925; NCL § 7984]—(NRS A 2013, 503, 3679)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 the right to use water for any other beneficial purpose.
2. On application to the State Engineer for any such right, it shall not be necessary for the applicant to state or prove or for the State Engineer to determine in cubic feet per second of time the quantity of water the use of which is applied for or granted, but in all such applications and in all proceedings connected therewith and, also, in all proceedings either before the State Engineer or the courts relating to the proof or establishment of a vested right to use water for watering livestock, it shall be a sufficient measure of the quantity of the water to specify the number and kind of animals to be watered or which have been watered, as the case may be. This subsection is not intended to imply that prior to April 1, 1925, it was necessary to specify, prove or determine the quantity of water in cubic feet per second, but is meant only to remove for the future any uncertainty that may have existed as to such necessity.
[1:201:1925; NCL § 7979]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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) As to water rights on open range, whether public lands or unfenced private lands or a combination of these:
(1) A statement of priority of use submitted to the Taylor Grazing Service, predecessor to the Bureau of Land Management, to show the numbers of livestock grazed upon the open range, for years from 1928 to 1934, inclusive, if accompanied by evidence of changes or absence of change since the date of the statement;
(2) A license issued by the Taylor Grazing Service for use upon the open range; or
(3) A statement of priority of use, or a license, issued by the United States Forest Service for the grazing of livestock before 1950.
(b) As to water rights on other privately owned land:
(1) An affidavit concerning the number and kind of livestock by a person familiar with the use made of the lands;
(2) A record of livestock assessed to the claimant of the right, or the claimant’s predecessor, by a county assessor;
(3) A count of livestock belonging to the claimant or the claimant’s predecessor made by a lender; or
(4) An affidavit of a disinterested person.
2. The location of a subsisting right to water livestock and its extent along a stream may be shown by marking upon a topographic map whose scale is not less than 1:24,000 or a map prepared by the United States Geological Survey covering a quadrangle of 7 1/2 minutes of latitude and longitude and by further identifying the location or extent by one-sixteenth sections within a numbered section, township and range as certified by a registered state water right surveyor.
(Added to NRS by 1993, 1944; A 2017, 3504)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 conjunction with a right to use water for irrigation, which are established by a vested water right, a subsisting right shown as provided in NRS 533.492 or a permit issued by the State Engineer.
(Added to NRS by 1993, 1944)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 watering at that place, no appropriation of water from either the same or a different source shall subsequently be made by another for the purpose of watering range livestock in such numbers and in such proximity to the watering place first mentioned as to enable the proposed appropriator to deprive the owner or owners of the existing water right of the grazing use of such portion of the public range, or substantially to interfere with or impair the value of such grazing use and of such water right.
[2:201:1925; NCL § 7980]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 applied for will not contravene the policy of NRS 533.495. If the State Engineer shall determine that the right applied for will contravene such policy, the State Engineer must reject the application.
2. If the water applied for shall be along the course of or in the immediate vicinity of an established or customary driving route for moving livestock from one range to another, the State Engineer may reject the application even if no previous right shall exist for any portion of such water, if the State Engineer shall determine that such water will best subserve the public interest by being reserved for the watering of livestock while so being driven along such customary driving route.
[3:201:1925; NCL § 7981]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 place the livestock on the lands for which the permit is sought, and:
(1) Owns, leases or otherwise possesses a legal or proprietary interest in the livestock on or to be placed on the lands for which the permit is sought; or
(2) Has received from a person described in subparagraph (1), authorization to have physical custody of the livestock on or to be placed on the lands for which the permit is sought, and authorization to care for, control and maintain such livestock;
(b) The forage serving the beneficial use of the water to be appropriated is not encumbered by an adjudicated grazing preference recognized pursuant to law for the benefit of a person other than the applicant for the permit; and
(c) The lack of encumbrance required by paragraph (b) is demonstrated by reasonable means, including, without limitation, evidence of a valid grazing permit, other than a temporary grazing permit, that is issued by the appropriate governmental entity to the applicant for the permit.
2. The State Engineer shall not issue a certificate of appropriation based upon a permit to appropriate water for the purpose of watering livestock unless:
(a) The holder of the permit makes satisfactory proof that the water has been beneficially used, is legally entitled to place on the lands the livestock which have been watered pursuant to the permit, and:
(1) Owns, leases or otherwise possesses a legal or proprietary interest in the livestock which have been watered pursuant to the permit; or
(2) Has received from a person described in subparagraph (1), authorization to have physical custody of the livestock which have been watered pursuant to the permit, and authorization to care for, control and maintain such livestock;
(b) The forage serving the beneficial use of the water that has been beneficially used is not encumbered by an adjudicated grazing preference recognized pursuant to law for the benefit of a person other than the holder of the permit; and
(c) The lack of encumbrance required by paragraph (b) is demonstrated by reasonable means, including, without limitation, evidence of a valid grazing permit, other than a temporary grazing permit, that is issued by the appropriate governmental entity to the holder of the permit.
3. This section must not be construed to impair the vested right of any person to the use of water for the purpose of watering livestock or to prevent any transfer of ownership of a water right for the purpose of watering livestock.
4. As used in this section, "grazing preference" means a priority position in the issuance of a permit to graze livestock on the public range.
(Added to NRS by 1995, 2522; A 2003, 3411)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 is located within a county under a declaration of drought, or within a county contiguous to a county under such a declaration, by the:
(a) Governor;
(b) United States Secretary of Agriculture; or
(c) President of the United States.
2. In addition to the information required by NRS 533.335 and 533.340, an applicant for a temporary permit to appropriate groundwater pursuant to this section shall submit to the State Engineer:
(a) An affidavit stating that, if the temporary permit is for a well, the holder of the temporary permit will plug and seal the well pursuant to chapter 534 of NRS upon the expiration of the temporary permit; and
(b) Any other information required by the State Engineer to determine the necessity of the temporary appropriation.
3. The State Engineer shall approve an application for a temporary permit to appropriate groundwater pursuant to this section if:
(a) The application is accompanied by the fee prescribed by this chapter;
(b) The temporary appropriation is in the public interest; and
(c) The temporary appropriation does not impair water rights held by other persons.
4. A temporary permit to appropriate groundwater issued pursuant to this section must not exceed 1 year in duration.
(Added to NRS by 2013, 497; A 2013, 3679)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 livestock, or within 3 miles of such place, with intent to graze the livestock so watered on the portion of the public range readily accessible to livestock watering at the watering place of such other person, shall be guilty of a misdemeanor.
2. Each day’s watering in violation of this section shall be deemed a separate offense.
3. Whenever, in any prosecution for such offense, it shall appear that the watering by the accused was not done at the watering place of another, but was done within 3 miles thereof, it shall be a sufficient defense for the accused to prove that he or she had no knowledge of the existence of such other watering place.
[4:201:1925; NCL § 7982]—(NRS A 1967, 609)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 decreed right to the use of water for that purpose.
[5:201:1925; NCL § 7983]—(NRS A 1993, 1944; 2013, 504, 3679)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 of use or place of use under an existing water right may be denied because of the fact that the point of diversion described in the application for the permit, or any portion of the works in the application described and to be constructed for the purpose of storing, conserving, diverting or distributing the water are situated in any other state; but in all such cases where the place of intended use, or the lands, or part of the lands identified as the place of use, are situated within this state, the permit must be issued as in other cases, pursuant to the provisions of NRS 533.324 to 533.450, inclusive, and chapter 534 of NRS.
2. The permit must not purport to authorize the doing or refraining from any act or thing, in connection with the system of appropriation, not properly within the scope of the jurisdiction of this state and the State Engineer to grant.
[1:174:1913; 1919 RL p. 3307; NCL § 7986]—(NRS A 1991, 859; 2017, 3504)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › 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 and recognized by the laws of that state shall have the same force and effect as if the point of diversion and the place of use were in this state if the laws of that state give like force and effect to similar rights acquired in this state.
(Added to NRS by 1957, 155)