1. Any person who files an application for a permit to appropriate water from above or beneath the surface of the ground for use outside this State, or to change the point of diversion under an existing water right which has a place of use outside of this State, or to change the place of use of water from a location in this State to a location outside this State under an existing right, must file an application with the State Engineer for a permit to do so pursuant to provisions of NRS 533.324 to 533.450, inclusive, and chapter 534 of NRS.
2. The State Engineer may approve such an application if the State Engineer determines that the applicant’s use of the water outside this State complies with the requirements of NRS 533.324 to 533.450, inclusive, and those provisions of chapter 534 of NRS pertaining to the appropriation of water. In making the determination, the State Engineer shall consider:
(a) The supply of water available in this State;
(b) The current and reasonably anticipated demands for water in this State;
(c) The current or reasonably anticipated shortages of water in this State;
(d) Whether the water that is the subject of the application could feasibly be used to alleviate current or reasonably anticipated shortages of water in this State;
(e) The supply and sources of water available to the applicant in the state in which the applicant intends to use the water;
(f) The demands placed on the applicant’s supply of water in the state in which he or she intends to use the water; and
(g) Whether the request in the application is reasonable, taking into consideration the factors set forth in paragraphs (a) to (f), inclusive.
3. The State Engineer may, as a condition to the approval of such an application, require the applicant to file a certificate from the appropriate official in the state in which the water is to be used, indicating to the satisfaction of the State Engineer that the intended use of the water would be beneficial and that the appropriation is feasible.
4. A person who is granted a permit pursuant to this section shall comply with the laws and regulations of this State governing the appropriation and use of water, as amended from time to time, and any change in the point of diversion, manner of use or place of use of water under a permit issued pursuant to this section is subject to the requirements of this section.
5. The State Engineer may, as a condition of the approval of any permit granted pursuant to this section, require that the use of water in another state be subject to the same regulations and restrictions that may be imposed upon the use of water in this State.
6. Upon submittal of an application under this section, the applicant and, if the applicant is a natural person, the personal representative of the person, are subject to the jurisdiction of the courts of this State and to service of process as provided in NRS 14.065.
[1:325:1951] + [2:325:1951]—(NRS A 1991, 859)
Structure Nevada Revised Statutes
Chapter 533 - Adjudication of Vested Water Rights; Appropriation of Public Waters
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 533.025 - Water belongs to public.
NRS 533.027 - Applicability of chapter to de minimus collection of precipitation.
NRS 533.035 - Beneficial use: Basis, measure and limit of right to use.
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 533.065 - Standards of measurement.
NRS 533.075 - Rotation in use of water.
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 533.105 - Use of data compiled by United States Geological Survey or other persons.
NRS 533.130 - Petition to intervene may be filed by interested person not served; contents.
NRS 533.135 - Fees of State Engineer; disposition.
NRS 533.145 - Objections to preliminary order of determination; form and contents of objection.
NRS 533.155 - Hearing of objections: Court reporter; transcript; division of fees.
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 533.195 - 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 533.215 - Waiver of notices by claimants or appropriators.
NRS 533.220 - Distribution of water; enforcement of order or decision of State Engineer; appeal.
NRS 533.255 - Submission of findings made before March 25, 1915.
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 533.315 - Payment of certain costs in proceeding under NRS 533.310.
NRS 533.324 - "Water already appropriated" defined.
NRS 533.325 - Application to State Engineer for permit.
NRS 533.335 - Application for permit to appropriate water: Contents.
NRS 533.350 - Applications to be accompanied by maps, drawings and other data.
NRS 533.367 - Requirement to ensure access of wildlife to water it customarily uses; waiver.
NRS 533.3703 - Consideration of consumptive use of water right and proposed beneficial use of water.
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 533.382 - 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 533.405 - State Engineer may require map; contents.
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 533.440 - Permits: Primary and secondary; application; issuance of certificates.
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 533.475 - Power of State Engineer and assistants to make arrests.
NRS 533.481 - Additional penalties.
NRS 533.482 - Injunctive and other relief.
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 533.505 - Unlawful acts; penalties.
NRS 533.510 - Prior rights not affected.
NRS 533.525 - Stored water may be conveyed through streams and reclaimed; conditions.
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 533.565 - Dedication of right to appropriate water: Requirements; exceptions.