Nevada Revised Statutes
Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters
NRS 533.363 - State Engineer to notify county commissioners of application to use water in county other than that in which it is appropriated or currently diverted or used.


1. Except as otherwise provided in subsection 2, if water for which a permit is requested is to be used in a county other than that county in which it is to be appropriated, or is to be diverted from or used in a different county than that in which it is currently being diverted or used, then the State Engineer shall give notice of the receipt of the request for the permit to:
(a) The board of county commissioners of the county in which the water for which the permit is requested will be appropriated or is currently being diverted or used; and
(b) The board of county commissioners of the county in which the water will be diverted or used.
2. The provisions of subsection 1 do not apply:
(a) To an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504.
(b) If:
(1) The water is to be appropriated and used; or
(2) Both the current and requested place of diversion or use of the water are,
within a single, contiguous parcel of real property.
3. A person who requests a permit to which the provisions of subsection 1 apply shall submit to each appropriate board of county commissioners a copy of the application and any information relevant to the request.
4. Each board of county commissioners which is notified of a request for a permit pursuant to this section shall consider the request at the next regular or special meeting of the board held not earlier than 3 weeks after the notice is received. The board shall provide public notice of the meeting for 3 consecutive weeks in a newspaper of general circulation in its county. The notice must state the time, place and purpose of the meeting. At the conclusion of the meeting the board may recommend a course of action to the State Engineer, but the recommendation is not binding on the State Engineer.
(Added to NRS by 1981, 782; A 1991, 758; 2011, 1565; 2013, 498, 3679)

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Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters

NRS 533.005 - Definitions.

NRS 533.007 - "Interbasin transfer of groundwater" defined.

NRS 533.010 - "Person" defined.

NRS 533.015 - "State Engineer" defined.

NRS 533.020 - "Stream system" defined.

NRS 533.023 - "Wildlife purposes" defined.

NRS 533.024 - Legislative declaration.

NRS 533.0241 - Duty of State Engineer to reserve certain amount of groundwater.

NRS 533.0243 - Temporary conversion of agricultural water for certain purposes: Legislative declaration; requirements; duration.

NRS 533.0245 - State Engineer prohibited from carrying out duties in conflict with certain decrees, orders, compacts or agreements.

NRS 533.0247 - State Engineer, assistants and agents authorized to enter land to investigate and carry out duties.

NRS 533.025 - Water belongs to public.

NRS 533.027 - Applicability of chapter to de minimus collection of precipitation.

NRS 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.

NRS 533.030 - Appropriation for beneficial use; use for recreational purpose, developed shortage supply or intentionally created surplus declared beneficial; limitations and exceptions.

NRS 533.035 - Beneficial use: Basis, measure and limit of right to use.

NRS 533.037 - Determination of priority of water right acquired for use in federal reclamation project; no additional water rights granted.

NRS 533.040 - Water used for beneficial purposes to remain appurtenant to place of use; exceptions.

NRS 533.045 - Right to divert ceases when necessity for use does not exist.

NRS 533.050 - Beneficial use of water declared a public use; eminent domain.

NRS 533.055 - Storage of water for beneficial purpose; claiming and diversion of water turned into natural channel or watercourse.

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.

NRS 533.065 - Standards of measurement.

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.

NRS 533.075 - Rotation in use of water.

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.

NRS 533.085 - Vested rights to water not impaired.

NRS 533.087 - Requirement for claimant of vested water right to submit proof of claim.

NRS 533.090 - Determination of relative rights of claimants to water of stream or stream system: Petition; order of State Engineer.

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...

NRS 533.100 - Investigation of flow of stream and ditches by State Engineer; preparation of surveys and maps.

NRS 533.105 - Use of data compiled by United States Geological Survey or other persons.

NRS 533.115 - Blank forms enclosed with notice; form of proof; preparation of map. [Effective through December 31, 2027.]

NRS 533.120 - Statements to be certified under oath; no fee for furnishing blank form. [Effective through December 31, 2027.]

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.]

NRS 533.130 - Petition to intervene may be filed by interested person not served; contents.

NRS 533.135 - Fees of State Engineer; disposition.

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 dur...

NRS 533.145 - Objections to preliminary order of determination; form and contents of objection.

NRS 533.150 - Hearings of objections to preliminary order of determination: Contents and service of notice; procedure; witnesses; evidence.

NRS 533.155 - Hearing of objections: Court reporter; transcript; division of fees.

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.

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 ord...

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.

NRS 533.175 - Employment of experts by court.

NRS 533.180 - Court may refer case to State Engineer for further evidence.

NRS 533.185 - Entry of judicial decree; revised map; delivery and filing of final judgment.

NRS 533.190 - Costs: Assessment by court; entry of charges on assessment roll; collection and disposition of money.

NRS 533.195 - Powers of successor judge; inapplicability of NRS 3.180.

NRS 533.200 - Appeal from decree to appellate court: Procedure; service of notice of appeal.

NRS 533.205 - Motion for new trial: Service of notice of intention to move for new trial.

NRS 533.210 - Finality of decree; application for modification within 3 years after entry; limitations on modification; notice of application.

NRS 533.215 - Waiver of notices by claimants or appropriators.

NRS 533.220 - Distribution of water; enforcement of order or decision of State Engineer; appeal.

NRS 533.225 - County clerk to transmit certified copy of decree to State Engineer; effectiveness of decree.

NRS 533.230 - Division of water by State Engineer during time order of determination is pending in district court.

NRS 533.235 - Operation of order of determination may be stayed by filing bond with court; conditions of bond; duties of State Engineer.

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.

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.

NRS 533.255 - Submission of findings made before March 25, 1915.

NRS 533.260 - Regulations of State Engineer requiring blueprints from claimants to be attached to proofs.

NRS 533.265 - State Engineer to issue certificates upon final determination of relative rights; contents of certificates; exceptions.

NRS 533.270 - Water commissioners: Appointment; duties and salaries; exemption from state personnel system; district supervisors.

NRS 533.275 - Engineer for supervision of distribution: Appointment; salary and expenses; additional work.

NRS 533.280 - Annual budget for stream system or water district: Preparation; contents; limitation on assessment.

NRS 533.285 - Entry on assessment roll of charges in budget; collection of special assessment.

NRS 533.290 - Water District Account: Creation; deposit and use of money; accounting.

NRS 533.295 - Limitation on use of Water District Account; "expenses" defined.

NRS 533.300 - State to be divided into water districts; appointment of advisory boards by State Engineer; meetings.

NRS 533.305 - Division of water among ditches and reservoirs; regulation of distribution among users; notice of regulation by water commissioner; duties of district attorney.

NRS 533.310 - Administration of distribution by State Engineer if rights determined in manner other than provided in NRS 533.090 to 533.265, inclusive: Petition to district court; notice; hearing; order; appeal.

NRS 533.315 - Payment of certain costs in proceeding under NRS 533.310.

NRS 533.320 - Payment of cost of administration of final decree and distribution of water; approval of budget; submission to board of county commissioners; provisions applicable.

NRS 533.324 - "Water already appropriated" defined.

NRS 533.325 - Application to State Engineer for permit.

NRS 533.330 - Application limited to water of one source for one purpose; individual domestic use may be included.

NRS 533.335 - Application for permit to appropriate water: Contents.

NRS 533.340 - Additional requirements for contents of applications to appropriate water for certain specific uses.

NRS 533.345 - Application for permit to change place of diversion, manner of use or place of use: Contents; approval of temporary change; notice of and protest to temporary change; period of temporary change.

NRS 533.350 - Applications to be accompanied by maps, drawings and other data.

NRS 533.353 - Application to appropriate water for beneficial use: Participation of county in development and implementation of monitoring, management and mitigation plan.

NRS 533.355 - Receipt of application; return for correction or completion; priority of returned application; rejection; recording.

NRS 533.357 - Priority among applications to appropriate underground water for irrigation purposes from same basin.

NRS 533.360 - Notice of application: Contents; publication; mailing required under certain circumstances.

NRS 533.363 - State Engineer to notify county commissioners of application to use water in county other than that in which it is appropriated or currently diverted or used.

NRS 533.364 - Certain interbasin transfers of groundwater; inventory required under certain circumstances; limitations; fee; time for completion of inventory.

NRS 533.365 - Procedure concerning verified protest filed by interested person against granting of application.

NRS 533.367 - Requirement to ensure access of wildlife to water it customarily uses; waiver.

NRS 533.368 - Hydrological, environmental or other study: State Engineer to determine need for study; cost of study paid by applicant; regulations.

NRS 533.369 - Special Account for Studies Concerning Water: Deposits; interest and income; limitation on use of money; refund of money to applicant; balance does not revert to State General Fund.

NRS 533.370 - Approval or rejection of application by State Engineer: Conditions; exceptions; considerations; procedure.

NRS 533.3703 - Consideration of consumptive use of water right and proposed beneficial use of water.

NRS 533.3705 - Limitation on initial quantity of water approved for application; additional studies or evidence may be required; action by State Engineer on other applications in same basin.

NRS 533.371 - Rejection of application for permit for specified period.

NRS 533.372 - Approval or rejection of application to use water to generate energy for export.

NRS 533.375 - State Engineer may require additional information before approval or rejection of application.

NRS 533.380 - Time for completion of work and application of water to beneficial use; limitations and extensions; regulations.

NRS 533.382 - Form, acknowledgment and recording of conveyance.

NRS 533.383 - Effect of recording or failing to record deed of conveyance.

NRS 533.384 - Filings required by person to whom conveyance is made.

NRS 533.386 - Duties of State Engineer concerning conveyances; administrative action required upon entry of final judgment of court.

NRS 533.387 - Inapplicability of certain provisions to conveyance of shares of stock in ditch company.

NRS 533.390 - Statement of work actually constructed; verification; penalty for failure to file proof of completion of work.

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.

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.

NRS 533.405 - State Engineer may require map; contents.

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.

NRS 533.415 - State Engineer may refuse to file maps not conforming to statutory provisions or regulations.

NRS 533.420 - Surveyor or engineer may be barred from practice before State Engineer for swearing falsely.

NRS 533.425 - Issuance and contents of certificate of appropriation; notice of provisions governing forfeiture and abandonment of rights to underground water.

NRS 533.430 - Permits and certificates of appropriation subject to existing rights.

NRS 533.435 - Fees of State Engineer; disposition.

NRS 533.436 - Application; approval; duration.

NRS 533.437 - "Environmental permit" defined.

NRS 533.4373 - Application for environmental permit: Contents; fee.

NRS 533.4375 - Approval of application by State Engineer: Conditions.

NRS 533.4377 - Limitation on period for which permit may be issued; change of use for which permit is issued prohibited.

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.

NRS 533.4385 - Plan to mitigate adverse economic effects caused by transfer of water; contents of plan; modification of plan by State Engineer.

NRS 533.440 - Permits: Primary and secondary; application; issuance of certificates.

NRS 533.445 - Use of bed of stream or other watercourse to carry water to consumers; duties and expenses of State Engineer.

NRS 533.450 - Orders and decisions of State Engineer subject to judicial review; procedure; motions for stay; appeals; appearance by Attorney General.

NRS 533.455 - Appeals by State Engineer to appellate court.

NRS 533.460 - Unauthorized use or willful waste of water; prima facie evidence.

NRS 533.463 - Unlawful diversion and waste of water during irrigating season; penalty.

NRS 533.465 - Interference with headgate, water box or water; prima facie evidence.

NRS 533.470 - Employment of guards to prevent unlawful diversions of water; payment of guards’ salaries.

NRS 533.475 - Power of State Engineer and assistants to make arrests.

NRS 533.480 - Penalties.

NRS 533.481 - Additional penalties.

NRS 533.482 - Injunctive and other relief.

NRS 533.485 - Definitions.

NRS 533.490 - Watering livestock declared beneficial use.

NRS 533.492 - Subsisting right to water livestock: Manner of proof; marking of location of right.

NRS 533.493 - Recognition of adjudicated rights to water livestock from streams by State Engineer.

NRS 533.495 - Subsisting rights not to be impaired.

NRS 533.500 - Duties of State Engineer concerning approval and rejection of application.

NRS 533.503 - Restrictions on issuance of permit or certificate regarding appropriation to water livestock.

NRS 533.504 - Temporary permit regarding appropriation to water livestock: Application; approval; duration.

NRS 533.505 - Unlawful acts; penalties.

NRS 533.510 - Prior rights not affected.

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.

NRS 533.520 - Application for permit to appropriate water for use outside State; change point of diversion for use outside State or change place of use to location outside of State; approval of application by State Engineer; conditions.

NRS 533.524 - Appropriation from interstate streams: Right of appropriation having point of diversion and place of use in another state.

NRS 533.525 - Stored water may be conveyed through streams and reclaimed; conditions.

NRS 533.535 - Consent to use of Lake Tahoe by United States for reservoir purposes in connection with Truckee-Carson reclamation project.

NRS 533.540 - Procedure for refund of water district’s money; conditions.

NRS 533.545 - Hearings before State Engineer: Issuance and enforcement of subpoenas.

NRS 533.550 - Sale or lease of water right by public body for more than 5-year term; exception.

NRS 533.560 - Lease of water right by public body to owner or holder of water right who exceeds entitled amount of water.

NRS 533.565 - Dedication of right to appropriate water: Requirements; exceptions.