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. […]

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 […]

NRS 533.095 – Notice of entry of order and pendency of proceedings: Preparation; contents; publication; service of notice. [Effective through December 31, 2027.] Notice of entry of order and pendency of proceedings: Preparation; contents; publication; service of notice. [Effective January 1, 2028.]

1. As soon as practicable after the State Engineer enters an order granting the petition or selecting the streams upon which the determination of rights is to begin, the State Engineer shall prepare a notice setting forth the fact of the entry of the order and of the pendency of the proceedings. 2. The notice […]

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) […]

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, […]

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 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 […]

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)

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 […]

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 […]

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 […]

NRS 533.140 – Preparation and printing of abstract of proofs of appropriation; preliminary order of determination; notice of availability of evidence and proofs for inspection; service of notice and preliminary order; State Engineer to be present during period that evidence and proofs are available for inspection; posting preliminary order of determination and abstract of proofs on Internet. [Effective through December 31, 2027.] Preparation and printing of abstract of proofs of appropriation; preliminary order of determination; notice of availability of evidence and proofs for inspection; service of notice and preliminary order; State Engineer to be present during period that evidence and proofs are available for inspection; posting preliminary order of determination and abstract of proofs on Internet. [Effective January 1, 2028.]

1. As soon as practicable after the expiration of the period fixed in which proofs of appropriation may be filed, the State Engineer shall assemble all proofs which have been filed with the State Engineer and prepare, certify and have printed an abstract of all such proofs of appropriation. The State Engineer shall also prepare […]

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 […]

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 […]

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 […]

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 […]

NRS 533.165 – Certified copy of order of determination to be filed with county clerk of county where stream system located; procedure when stream system in two or more judicial districts; order setting time for hearing; service and publication of order.

1. As soon as practicable thereafter, a certified copy of the order of determination, together with the copies of the original evidence and transcript of testimony filed with, or taken before, the State Engineer, duly certified by the State Engineer, shall be filed with the clerk of the county, as ex officio clerk of the […]

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 […]

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 § […]

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]

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 […]