reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.060 - Right to use limited to amount necessary; loss or abandonment of rights; no acquisition of prescriptive right; reservation of rights by State.

1. Rights to the use of water must be limited and restricted to as much as may be necessary, when reasonably and economically used for irrigation and other beneficial purposes, irrespective of the carrying capacity of the ditch. The balance of the water not so appropriated must be allowed to flow in the natural stream from which the ditch draws its supply of water, and must not be considered as having been appropriated thereby.
2. Rights to the use of surface water shall not be deemed to be lost or otherwise forfeited for the failure to use the water therefrom for a beneficial purpose.
3. A surface water right that is appurtenant to land formerly used primarily for agricultural purposes is not subject to a determination of abandonment if the surface water right:
(a) Is appurtenant to land that has been converted to urban use; or
(b) Has been dedicated to or acquired by a water purveyor, public utility or public body for municipal use.
4. In a determination of whether a right to use surface water has been abandoned, a presumption that the right to use the surface water has not been abandoned is created upon the submission of records, photographs, receipts, contracts, affidavits or any other proof of the occurrence of any of the following events or actions within a 10-year period immediately preceding any claim that the right to use the water has been abandoned:
(a) The delivery of water;
(b) The payment of any costs of maintenance and other operational costs incurred in delivering the water;
(c) The payment of any costs for capital improvements, including works of diversion and irrigation; or
(d) The actual performance of maintenance related to the delivery of the water.
5. A prescriptive right to the use of the water or any of the public water appropriated or unappropriated may not be acquired by adverse possession. Any such right to appropriate any of the water must be initiated by applying to the State Engineer for a permit to appropriate the water as provided in this chapter.
6. The State of Nevada reserves for its own present and future use all rights to the use and diversion of water acquired pursuant to chapter 462, Statutes of Nevada 1963, or otherwise existing within the watersheds of Marlette Lake, Franktown Creek and Hobart Creek and not lawfully appropriated on April 26, 1963, by any person other than the Marlette Lake Company. Such a right must not be appropriated by any person without the express consent of the Legislature.
[8:140:1913; A 1917, 353; 1949, 102; 1943 NCL § 7897]—(NRS A 1979, 1161; 1999, 2631)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.065 - Standards of measurement.

1. A cubic foot of water per second of time shall be the legal standard for the measurement of water in this state.
2. The unit of volume shall be an acre-foot defined as 43,560 cubic feet.
3. Where necessary to transpose miner’s inches to cubic feet per second, 1 cubic foot per second shall be considered equal to 40 miner’s inches; but the term "miner’s inch" shall not be used henceforth in any permit or adjudicated right issuing from the Office of the State Engineer without first naming the amount in cubic feet per second or in acre-feet.
[9:140:1913; 1919 RL p. 3226; NCL § 7898]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.070 - Quantity of water appropriated limited to amount reasonably required for beneficial use; duties of State Engineer in connection with water diverted or stored for purpose of irrigation.

1. The quantity of water from either a surface or underground source which may hereafter be appropriated in this state shall be limited to such water as shall reasonably be required for the beneficial use to be served.
2. Where the water is to be diverted for irrigation purposes, or where the water is to be stored for subsequent irrigation purposes, the State Engineer in determining the amount of water to be granted in a permit to appropriate water shall take into consideration the irrigation requirements in the section of the State in which the appropriation is to be made. The State Engineer shall consider the duty of water as theretofore established by court decree or by experimental work in such area or as near thereto as possible. The State Engineer shall also consider the growing season, type of culture, and reasonable transportation losses of water up to where the main ditch or channel enters or becomes adjacent to the land to be irrigated, and may consider any other pertinent data deemed necessary to arrive at the reasonable duty of water. In addition, in the case of storage of water, reservoir evaporation losses should be taken into consideration in determining the acre-footage of storage to be granted in a permit.
[11:140:1913; A 1945, 87; 1943 NCL § 7899]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.075 - Rotation in use of water.

To bring about a more economical use of the available water supply, it shall be lawful for water users owning lands to which water is appurtenant to rotate in the use of the supply to which they may be collectively entitled; or a single water user, having lands to which water rights of a different priority attach, may in like manner rotate in use, when such rotation can be made without injury to lands enjoying an earlier priority, to the end that each user may have an irrigation head of at least 2 cubic feet per second.
[85:140:1913; 1919 RL p. 3247; NCL § 7971]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.080 - State water right surveyors: Certain projects required to be performed by surveyor; qualifications; appointment; regulations; compensation; State Engineer’s Water License Account.

1. All maps, surveys and measurements of water required pursuant to this chapter must be made by a state water right surveyor. No survey, map or measurement of flow of water may be approved by the State Engineer unless the survey is made by a state water right surveyor.
2. Any licensed professional engineer or land surveyor who has a practical knowledge of surveying or engineering and who is familiar with land surveying and mapping and the measurement of water, and who is of good moral standing, must be considered for appointment as a state water right surveyor upon application to the State Engineer. The application must be in the form prescribed by the State Engineer and accompanied by a fee of $50.
3. The State Engineer may require any applicant for appointment to the position of state water right surveyor to pass such reasonable examination as to the applicant’s qualifications as is provided by the State Engineer.
4. Whenever the State Engineer approves the qualifications of an applicant, the State Engineer shall issue a certificate to the applicant designating the applicant as a state water right surveyor.
5. Every water right surveyor’s certificate expires on June 30 of each year unless renewed by application in the form prescribed by the State Engineer. A fee of $20 must be paid each year for renewal. All application and renewal fees must be accounted for in the State Engineer’s Water License Account, which is hereby created in the State General Fund, and must be used to pay costs pertaining to the certificate and renewal and other costs associated with carrying out the provisions of this section.
6. An appointment may be revoked by the State Engineer at any time for good cause shown.
7. The State Engineer may provide such additional regulations governing the qualifications and official acts of state water right surveyors as are reasonable and not inconsistent with this chapter.
8. The State of Nevada is not liable for the compensation of any state water right surveyor, but a state water right surveyor is entitled to be paid by the person employing the state water right surveyor.
9. Officers and employees of the Federal Government or a tribal government are entitled to apply for the position of state water right surveyor and are exempt from the requirement that a state water right surveyor must be a professional engineer or professional land surveyor set forth in subsection 2. Any certificate issued to those officers and employees must include a restriction limiting those officers and employees to work for the Federal Government or tribal government, as applicable.
10. As used in this section, "tribal government" has the meaning ascribed to it in NRS 532.005.
[91:140:1913; added 1921, 171; NCL § 7978]—(NRS A 1967, 990; 1979, 114; 1991, 62, 1782; 1997, 1069; 2023, 59)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.085 - Vested rights to water not impaired.

1. Nothing contained in this chapter shall impair the vested right of any person to the use of water, nor shall the right of any person to take and use water be impaired or affected by any of the provisions of this chapter where appropriations have been initiated in accordance with law prior to March 22, 1913.
2. Any and all appropriations based upon applications and permits on file in the Office of the State Engineer on March 22, 1913, shall be perfected in accordance with the laws in force at the time of their filing.
[84:140:1913; 1919 RL p. 3247; NCL § 7970]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.087 - Requirement for claimant of vested water right to submit proof of claim.

1. A claimant of any vested water right must submit, on a form prescribed by the State Engineer, proof of the claim to the State Engineer on or before December 31, 2027. If a claimant fails to file such proof on or before December 31, 2027, the claim shall be deemed to be abandoned.
2. Until December 31, 2027, the State Engineer shall cause notice of the provisions of subsection 1 to be:
(a) Published annually for 4 consecutive weeks in at least one newspaper of general circulation within the boundaries of each groundwater basin throughout the State.
(b) Posted on the Internet website maintained by the State Engineer.
(Added to NRS by 2017, 3555)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.090 - Determination of relative rights of claimants to water of stream or stream system: Petition; order of State Engineer.

1. Upon a petition to the State Engineer, signed by one or more water users of any stream or stream system, requesting the determination of the relative rights of the various claimants to the waters thereof, the State Engineer shall, if upon investigation the State Engineer finds the facts and conditions justify it, enter an order granting the petition and shall make proper arrangements to proceed with such determination.
2. The State Engineer shall, in the absence of such a petition requesting a determination of relative rights, enter an order for the determination of the relative rights to the use of water of any stream selected by the State Engineer. As soon as practicable after the order is made and entered, the State Engineer shall proceed with such determination as provided in this chapter.
3. A water user upon or from any stream or body of water shall be held and deemed to be a water user upon the stream system of which such stream or body of water is a part or tributary.
[18:140:1913; 1919 RL p. 3227; NCL § 7905]—(NRS A 2017, 706)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.100 - Investigation of flow of stream and ditches by State Engineer; preparation of surveys and maps.

1. The State Engineer shall begin an investigation of the flow of the stream and of the ditches diverting water, and of the lands irrigated therefrom, and shall gather such other data and information as may be essential to the proper determination of the water rights in the stream.
2. The State Engineer shall:
(a) Reduce his or her observations and measurements to writing.
(b) If necessary, execute surveys or cause them to be executed.
(c) If necessary, prepare, or cause to be prepared, maps from the observations of such surveys in accordance with such uniform rules and regulations as the State Engineer may adopt.
3. The surveys and maps shall show with substantial accuracy:
(a) The course of the stream.
(b) The location of each ditch or canal diverting water therefrom, together with the point of diversion thereof.
(c) The area and outline of each parcel of land upon which the water of the stream has been employed for the irrigation of crops or pasture.
(d) The kind of culture upon each of the parcels of land.
4. The map shall be prepared as the surveys and observations progress, and, when completed, shall be filed and made of record in the Office of the State Engineer. Such map for original filing in the Office of the State Engineer shall, in addition to complying with any other applicable rule or regulation of the State Engineer, be on a scale of not less than 1,000 feet to the inch.
[20:140:1913; 1919 RL p. 3228; NCL § 7907]—(NRS A 2017, 707; 2023, 1035)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.105 - Use of data compiled by United States Geological Survey or other persons.

If satisfactory data are available from the measurements and areas compiled by the United States Geological Survey or other persons, the State Engineer may dispense with the execution of such surveys and the preparation of such maps and stream measurements, except insofar as is necessary to prepare them to conform with the rules and regulations, as provided in NRS 533.100.
[21:140:1913; 1919 RL p. 3228; NCL § 7908]—(NRS A 2017, 707, 3556)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.115 - Blank forms enclosed with notice; form of proof; preparation of map. [Effective through December 31, 2027.]

1. The State Engineer shall, in addition, enclose with the notice to be mailed as provided in subsection 4 of NRS 533.095, blank forms upon which a claimant who has not submitted proof pursuant to NRS 533.087 shall present in writing all particulars necessary for the determination of the claimant’s right in or to the waters of the stream system. The form for a proof of appropriation must include the following:
(a) The name and mailing address of the claimant.
(b) The nature of the right or use on which the claim for appropriation is based.
(c) The time of the initiation of such right, the priority date claimed and a description of the place of diversion and works of diversion and distribution.
(d) The date of beginning of construction.
(e) The date when completed.
(f) The dates of beginning and completion of enlargements.
(g) The dimensions of the ditch as originally constructed and as enlarged.
(h) The date when water was first used for irrigation or other beneficial purposes.
(i) If the water was used for irrigation, the number of acres irrigated the first year, the number of acres irrigated in subsequent years, the dates of irrigation, the area and location of the lands which were irrigated, the character of the soil and the kind of crops cultivated, the rate of diversion and the number of acre-feet of water per annum required to irrigate the land.
(j) If the water was used for a beneficial purpose other than irrigation, the rate of diversion and the number of acre-feet of water used annually.
(k) If the water was used for watering livestock, the number and type of livestock.
(l) Any other facts as will show the extent and nature of the right and compliance with the law in acquiring the same, as may be required by the State Engineer.
2. A claimant must submit a separate proof of appropriation for each source of water of the stream system in which or to which the claimant claims a right.
3. The proof of appropriation submitted by the claimant must be accompanied by a map prepared, except as otherwise provided in subsection 4, in accordance with and depicting any information required pursuant to the requirements of subsections 3 and 4 of NRS 533.100.
4. If the map submitted with a proof of appropriation is prepared for water used for watering livestock, the map must be on a scale of 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 further identifying the location or extent of the livestock use by one-sixteenth sections within a numbered section, township and range.
[23:140:1913; 1919 RL p. 3229; NCL § 7910]—(NRS A 2017, 707, 3557; R 2017, 3560, effective January 1, 2028; 2023, 1036)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.120 - Statements to be certified under oath; no fee for furnishing blank form. [Effective through December 31, 2027.]

1. Each claimant shall be required to certify to his or her statement presented pursuant to NRS 533.115 under oath.
2. Blank forms must be furnished by the State Engineer without charge.
[24:140:1913; 1919 RL p. 3230; NCL § 7911]—(NRS A 2017, 708, 3557; R 2017, 3560, effective January 1, 2028)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.125 - Commencement of taking of proofs; extension of time; determination of rights if claimant neglects or refuses to make proof; defective proof or map; filing corrected proof of map. [Effective through December 31, 2027.]

1. The State Engineer shall commence the taking of any proofs not submitted pursuant to NRS 533.087 on the date fixed and named in the notice provided for in NRS 533.095 for the commencement of the taking of proofs. The State Engineer shall proceed therewith during the period fixed by the State Engineer and named in the notice, after which no proofs shall be received by or filed by the State Engineer. The State Engineer may, in his or her discretion, for cause shown, extend the time in which proofs may be filed.
2. Upon neglect or refusal of any person to make proof of his or her claim or rights in or to the waters of such stream system, as required by this chapter, prior to the expiration of the period fixed by the State Engineer during which proofs may be filed, the State Engineer shall determine the right of such person from such evidence as the State Engineer may obtain or may have on file in the Office of the State Engineer in the way of maps, plats, surveys and transcripts, and exceptions to such determination may be filed in court, as provided in this chapter.
3. If a proof of appropriation or a supporting map is found to be defective, it shall be returned with a statement explaining why the proof or map was found to be defective. The date of the return must be marked on the proof or map and a record of the return made in the Office of the State Engineer.
4. A person may file a corrected proof of appropriation or supporting map with the Office of the State Engineer within 60 days after the date of return marked on the proof or map. A defective proof of appropriation or supporting map that is not properly corrected and refiled within 60 days must be rejected. Upon application for an extension of time within the 60-day period, the State Engineer may, in his or her discretion, grant an extension of time not to exceed 60 days in which the person may file the corrected proof of appropriation or supporting map.
[25:140:1913; A 1915, 378; 1919 RL p. 3230; NCL § 7912]—(NRS A 2017, 709, 3558; R 2017, 3560, effective January 1, 2028)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.130 - Petition to intervene may be filed by interested person not served; contents.

1. Any person interested in the water of any stream upon whom no service of notice shall have been had of the pendency of proceedings for the determination of the relative rights to the use of water of such stream system, and who shall have no actual knowledge or notice of the pendency of the proceedings, may, at any time prior to the expiration of 6 months after the entry of the determinations of the State Engineer, file a petition to intervene in the proceedings.
2. Such petition shall be under oath and shall contain, among other things:
(a) All matters required by this chapter of claimants who have been duly served with notice of the proceedings; and
(b) A statement that the intervener had no actual knowledge of notice of the pendency of the proceedings.
3. Upon the filing of the petition in intervention granted by the State Engineer, the petitioner shall be allowed to intervene upon such terms as may be equitable, and thereafter shall have all rights provided by this chapter to claimants who have been duly served.
[26:140:1913; 1919 RL p. 3230; NCL § 7913]—(NRS A 2017, 709)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.135 - Fees of State Engineer; disposition.

1. At the time of submission of proofs of appropriation, the State Engineer shall collect a fee of $60 for a proof of water used for watering livestock purposes. The State Engineer shall collect a fee of $120 for any other character of claim to water.
2. All fees collected as provided in this section must be accounted for in detail and deposited with the State Treasurer for credit to the State General Fund.
[27:140:1913; A 1921, 171; NCL § 7914]—(NRS A 1957, 529; 1975, 713; 1981, 1837; 1985, 720; 1989, 1733; 2013, 1234; 2017, 709, 3648)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.145 - Objections to preliminary order of determination; form and contents of objection.

1. Any person claiming any interest in the stream system involved in the determination of relative rights to the use of water, whether claiming under vested right or under permit from the State Engineer, may object to any finding, part or portion of the preliminary order of determination made by the State Engineer by filing objections with the State Engineer within 30 days after the evidence and proofs, as provided in NRS 533.140, shall have been opened to public inspection, or within such further time as for good cause shown may be allowed by the State Engineer upon application.
2. Such objections shall be verified by the affidavit of the objector, or the objector’s agent or attorney, and shall state with reasonable certainty the grounds of objection.
[29:140:1913; A 1921, 171; NCL § 7916]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.150 - Hearings of objections to preliminary order of determination: Contents and service of notice; procedure; witnesses; evidence.

1. Unless the claimant waives the requirement for a hearing, the State Engineer shall fix a time and place for the hearing of objections. Notice of the hearing may be sent by registered or certified mail to the persons to be affected by the objections, and the receipt therefor constitutes legal and valid proof of service. The notice may also be served by the State Engineer, or by any person, appointed by the State Engineer, qualified and competent to serve a summons in civil actions. Return thereof must be made in the same manner as in civil actions in the district courts of this state.
2. The State Engineer may adjourn hearings from time to time upon reasonable notice to all parties interested. Depositions may be taken by any person authorized to administer oaths and designated by the State Engineer or the parties in interest, and oral testimony may be introduced in all hearings.
3. Witnesses are entitled to receive fees as in civil cases, to be paid by the party calling those witnesses.
4. The evidence in the proceedings must be confined to the subjects enumerated in the objections and the preliminary order of determination.
5. All testimony taken at the hearings must be reported and transcribed in its entirety.
[30:140:1913; A 1915, 378; 1921, 171; NCL § 7917]—(NRS A 1967, 189; 1981, 88; 1989, 406; 2017, 710)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.155 - Hearing of objections: Court reporter; transcript; division of fees.

All testimony taken at the hearings must be reported and transcribed by a certified court reporter. The original and one copy of the transcript of the proceedings must be filed with the State Engineer. The claimants objecting to the preliminary order of determination shall pay, in equal portions, the fees for the appearance and travel expenses of the court reporter and for transcribing the portion of the hearing consisting of the comments of the State Engineer. Each such claimant shall pay a pro rata portion of the fees for the remaining portion of the hearing consisting of the case made by that claimant.
[32:140:1913; A 1921, 171; NCL § 7919]—(NRS A 1957, 530; 2017, 711)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.160 - Entry of order of determination after hearing of objections to preliminary order; legal effect of order; certification, printing and service of order.

1. As soon as practicable after the hearing of objections to the preliminary order of determination, the State Engineer shall make and cause to be entered of record in the Office of the State Engineer an order of determination, defining the several rights to the waters of the stream or stream system. The order of determination, when filed with the clerk of the district court as provided in NRS 533.165, has the legal effect of a complaint in a civil action.
2. The order of determination must be certified by the State Engineer. Except as otherwise provided in subsection 3, a copy of the order of determination must be sent by registered or certified mail or delivered in person to each person who has filed proof of claim and to each person who has become interested through intervention or through filing of objections under the provisions of NRS 533.130 or 533.145.
3. In lieu of sending or delivering a copy of the order of determination pursuant to subsection 2, the State Engineer may:
(a) Make available a copy of the order of determination on the Internet website of the Office of the State Engineer; and
(b) Send by registered or certified mail or deliver in person to each person who has filed a proof of appropriation and to each person who has become interested through intervention notice that the order of determination is available on the Internet website of the Office of the State Engineer.
[33:140:1913; A 1915, 378; 1921, 171; NCL § 7920]—(NRS A 1967, 190; 1969, 1527; 1973, 1478; 1985, 467; 1993, 1701; 1997, 22; 2005, 1093; 2017, 711)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.170 - Exceptions to order of determination: Filing and service; pleadings; findings of fact, judgment and decree; service of findings of fact and cost bill.

1. At least 5 days prior to the date set for hearing, all parties in interest who are aggrieved or dissatisfied with the order of determination of the State Engineer shall file with the clerk of the court notice of exceptions to the order of determination of the State Engineer. The notice shall state briefly the exceptions taken and the prayer for relief. A copy thereof shall be served upon or transmitted to the State Engineer by registered or certified mail.
2. The order of determination by the State Engineer and the statements or claims of claimants and exceptions made to the order of determination shall constitute the pleadings, and there shall be no other pleadings in the cause.
3. If no exceptions shall have been filed with the clerk of the court as provided in subsection 1, then on the day set for hearing the court may take further testimony if deemed proper, and shall then enter its findings of fact and judgment and decree.
4. On the day set for hearing, all parties in interest who have filed notices of exceptions, as provided in subsection 1, shall appear in person or by counsel, and the court shall hear the same or set the time for hearing, until such exceptions are disposed of.
5. All proceedings thereunder, including the taking of testimony, shall be as nearly as may be in accordance with the Nevada Rules of Civil Procedure; but the provisions of the Nevada Rules of Civil Procedure and NRS 18.110 shall not apply respecting the service of proposed findings of fact and decree or service and filing of a cost bill, and service shall be made in the following manner. All claimants who have filed exceptions or objections to the final order of determination shall be served with a copy of the proposed findings of fact and decree by serving the attorney who appeared for such claimants in the proceedings. All claimants or water users who have not filed exceptions or objections to the final order of determination shall be served with a copy of the proposed findings of fact and decree by serving a copy thereof on the Attorney General. Such service, in each instance, shall be made at least 30 days before the findings of fact and decree shall be signed by the court, and the court shall not sign any findings of fact therein prior to the expiration of such 30 days. The cost bill shall be prepared and filed with the clerk of the court wherein the proceedings are pending, and it shall not be necessary to serve any of the exceptors, claimants or appropriators or their attorneys with a copy of the cost bill.
[35:140:1913; A 1915, 378; 1921, 171; 1927, 334; NCL § 7922]—(NRS A 1969, 95)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.175 - Employment of experts by court.

For further information on any subject in controversy the court may employ one or more qualified persons to investigate and report thereon, under oath, subject to examination by any party in interest as to his or her competency to give expert testimony thereon.
[Part 36:140:1913; A 1915, 378; 1931, 413; 1937, 327; 1931 NCL § 7923]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.180 - Court may refer case to State Engineer for further evidence.

The court may, if necessary, refer the case or any part thereof for such further evidence to be taken by the State Engineer as it may direct, and may require a further determination by the State Engineer, subject to the court’s instructions.
[Part 36:140:1913; A 1915, 378; 1931, 413; 1937, 327; 1931 NCL § 7923]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.185 - Entry of judicial decree; revised map; delivery and filing of final judgment.

1. After the hearing the court shall enter a decree affirming or modifying the order of the State Engineer.
2. If the court enters a decree holding that the water right of a claimant is different than the right claimed in the proof of appropriation filed by the claimant or determined by the State Engineer in the order of determination, the court may require the claimant to prepare and file with the court and the Office of the State Engineer a revised map which conforms to the decree and the rules and regulations of the State Engineer.
3. Within 30 days after the entry of final judgment by the district court, or if an appeal is taken, within 30 days after the entry of the final judgment by the appellate court or within 30 days after the entry of the final judgment after remand, the clerk of the court issuing the final judgment shall:
(a) Deliver to the State Engineer a certified copy of the final judgment; and
(b) Cause a certified copy of the final judgment to be filed in the office of the county recorder in each county in which the water adjudicated is applied to beneficial use and in each county in which the water adjudicated is diverted from its natural source.
[Part 36:140:1913; A 1915, 378; 1931, 413; 1937, 327; 1931 NCL § 7923]—(NRS A 1995, 436; 2017, 712)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.190 - Costs: Assessment by court; entry of charges on assessment roll; collection and disposition of money.

1. At any time in the course of the hearings, the court may, in its discretion, by order assess and adjudge against any party such costs as it deems just and equitable or may so assess the costs in proportion to the amount of water right standing allotted at that time, or the court may assess and adjudge such costs and expenses in its final judgment upon the signing, entry and filing of its formal findings of fact, conclusions of law and decree adjudicating the water rights against any party as it deems just and equitable, or may so assess the costs in proportion to the amount of water right allotted and decreed in the final judgment.
2. After the making, entry and filing by the court of the first findings of fact, conclusions of law and decree made, entered and filed by the court in any such water adjudication as distinguished from the first proposed findings of fact, conclusions of law and decree, the court shall assess all costs and expenses against the loser or losers, in any and all subsequent proceedings in any such water adjudication.
3. If costs are assessed or allowed as provided for in this section and in NRS 533.170 and allotted, the State Engineer, within 60 days after such filing and entry, as above described, shall certify to the boards of county commissioners of the respective counties wherein the stream system is situate either the amount of acreage set forth in the order of determination to which water has been allotted, or the respective water rights against which such costs have been assessed by the court, and the charges against each water user in accordance with the court’s judgment and allocation of costs. Upon receipt of the certificate from the State Engineer by the board of county commissioners, the board of county commissioners shall certify the respective charges contained therein to the county assessor of the county in which the land or property served is situated. The county assessor shall enter the amount of the charge on the assessment roll against the claimant’s property or acreage served.
4. The proper officer of the county shall collect the assessment as other assessments are levied and collected, and the assessment is a lien upon the property so served and must be collected in the same manner as other assessments are collected, but such costs must be collected in equal installments over 2 fiscal years.
5. When the assessments are collected, the person collecting the assessments shall transmit the money collected to the State Treasurer at the time that person transmits other assessments collected by him or her as provided by law, and the State Treasurer shall deposit the money in the Adjudication Emergency Account provided for in NRS 532.200, out of which costs and expenses must be paid in the manner provided by law.
[Part 36:140:1913; A 1915, 378; 1931, 413; 1937, 327; 1931 NCL § 7923]—(NRS A 1991, 1783; 1995, 220)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.195 - Powers of successor judge; inapplicability of NRS 3.180.

1. Whenever a judge before whom a proceeding for the adjudication of a stream system is pending and not yet completed shall cease to be such judge from any cause whatsoever, his or her successor, to whom such proceeding may be assigned or a part of whose duty it becomes to preside in such proceeding, may do all things in and about such adjudication that may be necessary and proper, and may hear and decide all matters in connection therewith or relating thereto and make all orders, decisions, findings of fact, conclusions of law, judgments, decrees, and do all things necessary to complete the adjudication of such stream system to the full extent and the same as though he or she had been the presiding judge in such proceeding from the commencement thereof.
2. NRS 3.180 shall not apply to such stream system adjudication proceedings.
[Part 36:140:1913; A 1915, 378; 1931, 413; 1937, 327; 1931 NCL § 7923]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.200 - Appeal from decree to appellate court: Procedure; service of notice of appeal.

Appeals from such decree may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution by the State Engineer or any party in interest in the same manner and with the same effect as in civil cases, except as to the following matters. Notice of appeal shall be served upon the attorneys of record for claimants who have filed exceptions or objections to the final order of determination of the State Engineer as provided in NRS 533.170, and all claimants or water users who have not filed exceptions or objections to the final order of determination or appeared in the cause by an attorney shall be served with a copy of notice of appeal by the service of a copy thereof on the Attorney General as their process agent.
[Part 36:140:1913; A 1915, 378; 1931, 413; 1937, 327; 1931 NCL § 7923]—(NRS A 2013, 1786)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.205 - Motion for new trial: Service of notice of intention to move for new trial.

Notice of intention to move for a new trial shall be served upon the attorneys of record for claimants who have filed exceptions or objections to the final order of determination of the State Engineer as provided in NRS 533.170, and all claimants or water users who have not filed exceptions or objections to the final order of determination or appeared in the cause by an attorney shall be served with a copy of notice of intention to move for a new trial by the service of a copy thereof on the Attorney General as their process agent.
[Part 36:140:1913; A 1915, 378; 1931, 413; 1937, 327; 1931 NCL § 7923]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.210 - Finality of decree; application for modification within 3 years after entry; limitations on modification; notice of application.

1. The decree entered by the court, as provided by NRS 533.185, shall be final and shall be conclusive upon all persons and rights lawfully embraced within the adjudication; but the State Engineer or any party or adjudicated claimant upon any stream or stream system affected by such decree may, at any time within 3 years from the entry thereof, apply to the court for a modification of the decree, insofar only as the decree fixed the duty of water, and upon the hearing of such motion the court may modify such decree increasing or decreasing the duty of water, consistent with good husbandry, and consistent with the principle that actual and beneficial use shall be the measure and limit of the right.
2. Notice of application shall be given as in civil cases.
[36a:140:1913; added 1921, 171; NCL § 7924]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.215 - Waiver of notices by claimants or appropriators.

Whenever there are 10 or less appropriators or claimants upon a stream system, and all of such claimants or appropriators in writing waive the provisions of this chapter with reference to notices and the service and publication thereof, as provided in preceding sections, the State Engineer may make an order of determination without the giving, serving or publication of any notices required in this chapter, and may file the same with the district court in the manner prescribed in NRS 533.165. Whereupon, the same steps and proceedings shall be taken and decree entered as if all preliminary notices had been given prior to the making, entering and filing of the order of determination.
[36b:140:1913; added 1921, 171; NCL § 7925]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.220 - Distribution of water; enforcement of order or decision of State Engineer; appeal.

1. From and after the filing of the order of determination in the district court, the distribution of water by the State Engineer or by any of the State Engineer’s assistants or by the water commissioners or their assistants shall, at all times, be under the supervision and control of the district court. Such officers and each of them shall, at all times, be deemed to be officers of the court in distributing water under and pursuant to the order of determination or under and pursuant to the decree of the court.
2. Upon the neglect or refusal of any claimant to the use of water as provided in this chapter to carry out or abide by an order or decision of the State Engineer acting as an officer of the court, the State Engineer may petition the district court having jurisdiction of the matter for a review of such order and cause to be issued thereon an order to show cause why the order and decision should not be complied with.
3. The order to show cause shall be personally served on the claimant or claimants complained of, who shall appear and show cause on the day fixed in the court’s order so to do.
4. The hearing on the petition and order to show cause shall be informal and summary in character, with full opportunity afforded each party to present his or her case.
5. Appeals from the judgment may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution in like manner as appeals in other civil cases; but notice of appeal must be served and filed within 40 days from the entry of judgment.
[36 1/2:140:1913; added 1927, 337; A 1951, 132]—(NRS A 2013, 1786)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.225 - County clerk to transmit certified copy of decree to State Engineer; effectiveness of decree.

Immediately upon the entry of any decree by the court, the county clerk shall transmit a certified copy of the decree to the State Engineer, who shall immediately enter the same upon the records of the Office of the State Engineer. The decree, subject only to the provisions of law relating to appeal and stay of proceedings, shall be in full force and effect.
[37:140:1913; A 1915, 378; 1919 RL p. 3234; NCL § 7927]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.230 - Division of water by State Engineer during time order of determination is pending in district court.

From and after the filing of the order of determination, evidence and transcript with the county clerk, and during the time the hearing of the order is pending in the district court, the division of water from the stream involved in such determination shall be made by the State Engineer in accordance with the order of determination.
[38:140:1913; A 1915, 378; 1919 RL p. 3234; NCL § 7928]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.235 - Operation of order of determination may be stayed by filing bond with court; conditions of bond; duties of State Engineer.

1. At any time after the order of determination, evidence and transcript has been filed with the clerk of the court, the operation of the order of determination may be stayed in whole or in part by any party upon filing a bond in the court wherein such determination is pending in such amount as the judge thereof may prescribe, conditioned that such party will pay all damage that may accrue by reason of such determination not being enforced, pending a decree by the court.
2. Immediately upon the filing and approval of such bond, the clerk of the court shall transmit to the State Engineer a certified copy of such bond, which shall be recorded in the records of the Office of the State Engineer, and the State Engineer shall act in accordance with such stay.
[39:140:1913; A 1915, 378; 1919 RL p. 3234; NCL § 7929]
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.240 - All claimants to be made parties in any suit brought to determine rights; State Engineer to prepare hydrographic survey of stream system; costs; transfer of suit to State Engineer for determination.

1. In any suit brought in the district court for the determination of a right or rights to the use of water of any stream, all persons who claim the right to use the waters of such stream and the stream system of which it is a part shall be made parties.
2. When the suit has been filed, the court shall direct the State Engineer to furnish a complete hydrographic survey of the stream system as provided in NRS 533.100 in order to obtain all physical data necessary to the determination of the rights involved.
3. The cost of the suit, including the costs on behalf of the State and of the surveys, shall be charged against each of the private parties thereto based on a determination by the court of the relative merits of the claims made by each of the private parties. The court may assess and charge against any party at any time during the suit an equitable amount to pay the costs of the survey upon its approval of an itemized statement therefor submitted by the State Engineer.
4. The court may at any time transfer the suit to the State Engineer for determination as provided in this chapter.
[45:140:1913; 1919 RL p. 3234; NCL § 7930]—(NRS A 1975, 71)
2023 Nevada Revised Statutes › Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters › NRS 533.250 - Admissibility of maps, plats, surveys and evidence on file in office of State Engineer; notice by State Engineer of intention to consider evidence and submission of findings to court.

1. Any and all maps, plats, surveys and evidence on file in the Office of the State Engineer relating to any proof of appropriation involved in the proceeding for the determination of the relative rights in and to the waters of any stream system, obtained or filed under the provisions of this chapter or any preceding act relating to the Office of State Engineer, shall be admissible in court and shall have the same force and effect as though obtained and submitted under the provisions of this chapter.
2. At least 90 days prior to the rendering of his or her order of determination of the relative rights in and to the waters of any stream system, the State Engineer shall notify all parties in interest of his or her intention to consider such maps, plats and evidence, and of his or her intention to submit the findings of the State Engineer to the court under the provisions of this chapter.
3. Within 60 days after such notice, any party in interest may file with the State Engineer any additional or supplementary maps, plats, surveys or evidence, or objections to the admissibility of any evidence hitherto presented and on file in the office of the State Engineer, in relation to his or her claim of water right or adverse to the claim or claims of the water right of any other party or parties in interest, in order so to perfect his or her claim in accordance with the provisions of this chapter, and the State Engineer shall consider the whole thereof in rendering such order of determination, and the same shall become a part of the record which shall be submitted to the court as provided by NRS 533.165 to 533.235, inclusive.
[88a:140:1913; added 1915, 378; 1919 RL p. 3248; NCL § 7975]—(NRS A 2017, 713, 3558)