Nev. Rev. Stat. § 533.005
Definitions
As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 533.007 to 533.023, inclusive, have the meanings ascribed to them in those sections.
Nevada Revised Statutes Chapter 533 — Adjudication of Vested Water Rights; Appropriation of Public Waters
Nevada · statute · Nev. Rev. Stat. ch. 533 · 151 active provisions
Provisions
Nev. Rev. Stat. § 533.007
“Interbasin transfer of groundwater” defined
“Interbasin transfer of groundwater” means a transfer of groundwater for which the proposed point of diversion is in a different basin than the proposed place of beneficial use.
Nev. Rev. Stat. § 533.010
“Person” defined
“Person” includes the United States, this State and any political subdivision of this State.
Nev. Rev. Stat. § 533.015
“State Engineer” defined
“State Engineer” means the State Engineer or any duly authorized assistant.
Nev. Rev. Stat. § 533.020
“Stream system” defined
“Stream system” includes any stream, together with its tributaries and all streams or bodies of water to which the same may be tributary.
Nev. Rev. Stat. § 533.023
“Wildlife purposes” defined
“Wildlife purposes” includes the watering of wildlife and the establishment and maintenance of wetlands, fisheries and other wildlife habitats.
Nev. Rev. Stat. § 533.024
Legislative declaration
The Legislature declares that: 1. It is the policy of this State: (a) To encourage and promote the use of effluent, where that use is not contrary to the public health, safety or welfare, and where that use does not interfere with federal obligations to deliver water of the Colorado River. (b) To recognize the importan…
Nev. Rev. Stat. § 533.0241
Duty of State Engineer to reserve certain amount of groundwater
1. For each basin in which there is groundwater that has not been committed for use, including, without limitation, pursuant to a permit, certificate or by any other water user in the basin, as of June 5, 2019, the State Engineer shall reserve 10 percent of the total remaining groundwater that has not been committed fo…
Nev. Rev. Stat. § 533.0243
Temporary conversion of agricultural water for certain purposes: Legislative declaration; requirements; duration
1. The Legislature hereby finds and declares that it is the policy of this State to allow the temporary conversion of agricultural water rights for wildlife purposes or to improve the quality or flow of water. 2. If a person or entity proposes to temporarily convert agricultural water rights for wildlife purposes or to…
Nev. Rev. Stat. § 533.0245
State Engineer prohibited from carrying out duties in conflict with certain decrees, orders, compacts or agreements
The State Engineer shall not carry out his or her duties pursuant to this chapter in a manner that conflicts with any applicable provision of a decree or order issued by a state or federal court, an interstate compact or an agreement to which this State is a party for the interstate allocation of water pursuant to an a…
Nev. Rev. Stat. § 533.0247
State Engineer, assistants and agents authorized to enter land to investigate and carry out duties
The State Engineer or any assistant or authorized agent of the State Engineer may enter the land of any owner or proprietor where any water is being diverted or used pursuant to this chapter at any reasonable hour of the day to investigate and carry out the duties of the State Engineer pursuant to this chapter.
Nev. Rev. Stat. § 533.025
Water belongs to public
The water of all sources of water supply within the boundaries of the State whether above or beneath the surface of the ground, belongs to the public.
Nev. Rev. Stat. § 533.027
Applicability of chapter to certain emergency situations to extinguish fires and de minimus collection of precipitation
1. The provisions of this chapter do not apply to: (a) The use of water in emergency situations to extinguish fires by a public agency or a volunteer fire department; or (b) The de minimus collection of precipitation: (1) From the rooftop of a single-family dwelling for nonpotable domestic use; or (2) If the collection…
Nev. Rev. Stat. § 533.028
Applicability of chapter to retention or detention of developed stormwater flow for certain purposes in county whose population is less than 700,000
1. In a county whose population is less than 700,000, the provisions of this chapter do not apply to the retention or detention of developed stormwater flow for the purpose of flood control or stormwater management if: (a) The governing body of the county or city requires such retention or detention as a condition of t…
Nev. Rev. Stat. § 533.030
Appropriation for beneficial use; use for recreational purpose, developed shortage supply or intentionally created surplus declared beneficial; limitations and exceptions
1. Subject to existing rights, and except as otherwise provided in this section and NRS 533.0241, 533.027, 533.028 and 534.115, all water may be appropriated for beneficial use as provided in this chapter and not otherwise. 2. The use of water, from any stream system as provided in this chapter and from underground wat…
Nev. Rev. Stat. § 533.035
Beneficial use: Basis, measure and limit of right to use
Beneficial use shall be the basis, the measure and the limit of the right to the use of water.
Nev. Rev. Stat. § 533.037
Determination of priority of water right acquired for use in federal reclamation project; no additional water rights granted
1. The priority of a water right acquired by a person for use in a federal reclamation project is determined according to the date on which the United States appropriated water for initiation of the project. Notwithstanding the fact that the water right so appropriated and acquired may ultimately vest in the name of th…
Nev. Rev. Stat. § 533.040
Water used for beneficial purposes to remain appurtenant to place of use; exceptions
1. Except as otherwise provided in this section, any water used in this State for beneficial purposes shall be deemed to remain appurtenant to the place of use. 2. If at any time it is impracticable to use water beneficially or economically at the place to which it is appurtenant, the right may be severed from the plac…
Nev. Rev. Stat. § 533.045
Right to divert ceases when necessity for use does not exist
When the necessity for the use of water does not exist, the right to divert it ceases, and no person shall be permitted to divert or use the waters of this State except at such times as the water is required for a beneficial purpose.
Nev. Rev. Stat. § 533.050
Beneficial use of water declared a public use; eminent domain
The beneficial use of water is hereby declared a public use, and any person may exercise the right of eminent domain to condemn all lands and other property or rights required for the construction, use and maintenance of any works for the lawful diversion, conveyance and storage of waters.
Nev. Rev. Stat. § 533.055
Storage of water for beneficial purpose; claiming and diversion of water turned into natural channel or watercourse
Water may be stored for a beneficial purpose. Water turned into any natural channel or watercourse by any person entitled to the use thereof, whether stored in Nevada or in an adjoining state, may be claimed for beneficial use below, and diverted from the channel or watercourse by such person, subject to existing right…
Nev. Rev. Stat. § 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…
Nev. Rev. Stat. § 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 m…
Nev. Rev. Stat. § 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…
Nev. Rev. Stat. § 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…
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