1. Whenever the State Engineer is authorized or required by law to conduct a hearing, the State Engineer may issue subpoenas requiring the attendance of witnesses before the State Engineer, together with all books, memoranda, papers and other documents relative to the matters for which the hearing is called, and take depositions within or without the State, as the circumstances of the case may require.
2. The district court in and for the county in which any hearing is being conducted by the State Engineer or the designee of the State Engineer may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the State Engineer.
3. If a witness refuses to attend or testify or produce any papers required by the subpoena, the State Engineer may report to the district court in and for the county in which the hearing is pending by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed in this section; and
(c) That the witness has failed and refused to attend or produce the papers required by the subpoena before the State Engineer or the designee of the State Engineer in the hearing named in the subpoena, or has refused to answer questions propounded to the witness in the course of the hearing,
and asking for an order of the court compelling the witness to attend and testify or produce the books or papers before the State Engineer or the designee of the State Engineer.
4. The court, upon petition of the State Engineer, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, and show cause why the witness has not attended or testified or produced the books or papers before the State Engineer or the designee of the State Engineer. The time for the appearance may not be later than 10 days after the date of the order. A certified copy of the order must be served upon the witness. If it appears to the court that the subpoena was regularly issued by the State Engineer, the court may thereupon enter an order that the witness appear before the State Engineer or the designee of the State Engineer at the time and place fixed in the order and testify or produce the required books or papers. If the witness fails to obey the order, the witness must be dealt with as for contempt of court.
(Added to NRS by 1989, 406)
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.