NRS
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 importance of domestic wells
as appurtenances to private homes, to create a protectable interest in such
wells and to protect their supply of water from unreasonable adverse effects
which are caused by municipal, quasi-municipal or industrial uses and which
cannot reasonably be mitigated.
(c) To encourage the State Engineer to consider
the best available science in rendering decisions concerning the available surface
and underground sources of water in Nevada.
(d) To encourage and promote the use of water to
prevent or reduce the spread of wildfire or to rehabilitate areas burned by
wildfire, including, without limitation, through the establishment of
vegetative cover that is resistant to fire.
(e) To manage conjunctively the appropriation,
use and administration of all waters of this State, regardless of the source of
the water.
2. The procedures in this chapter for
changing the place of diversion, manner of use or place of use of water, and
for confirming a report of conveyance, are not intended to have the effect of
quieting title to or changing ownership of a water right and that only a court
of competent jurisdiction has the power to determine conflicting claims to
ownership of a water right.
(Added to NRS by 1991,
296; A 1993,
2640; 2001,
551; 2005,
2560; 2009,
469; 2011,
1564; 2017,
3497)
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 2008–2024 · leading case:
Howell v. Ricci, 197 P.3d 1044 (Nev. 2008).
Howell v. Ricci, 197 P.3d 1044 (Nev. 2008).
· cites it 5× “The Legislative history of the amendments to NRS Chapter 533 suggests that the amendments were intended to address statements made in Howell 1: 8 Among the amendments, which were retroactively applicable, the Legislature added subsection 2 to NRS 533.024: The procedures in this…”
Sullivan v. Lincoln Cnty. Water Dist., 542 P.3d 411 (Nev. 2024).
· cites it 2× “We further note the legislative policy declarations set forth in NRS 533.024(1)(c) and (e), which require the State Engineer to "consider the best available science in rendering decisions concerning the available surface and underground sources of water" and "No manage…”
Pyramid Lake Paiute Tribe of Indians v. Ricci, 245 P.3d 1145 (Nev. 2010).
“The State Engineer is prohibited by law from granting a permit under a change application to appropriate public waters if: (1) there is no unappropriated water at the proposed source, (2) the “proposed use or change conflicts with existing rights or protectable interests in…”
Eureka Co. Vs. State Eng'r c/w 63258, 2015 NV 84 (Nev. 2015).
· cites it 2× “However: Except as otherwise provided in subsection 10 [which excepts applications for environmental or temporary permits], where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights or with…”
Eureka Co. v. State Eng'r C/W 63258 (Nev. 2015).
“However: Except as otherwise provided in subsection 10 [which excepts applications for environmental or temporary permits], where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights or with…”
Eureka Co. v. State Eng'r C/W 63258 (Nev. 2015).
“However: Except as otherwise provided in subsection 10 [which excepts applications for environmental or temporary permits], where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights or with…”
Eureka Cnty. v. State Eng'r, 2015 NV 84 (Nev. 2015).
“However: Except as otherwise provided in subsection 10 [which excepts applications for environmental or temporary permits], where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights or with…”
Eureka Co. Vs. State Eng'r c/w 63258, 2015 NV 84 (Nev. 2015).
“However: Except as otherwise provided in subsection 10 [which excepts applications for environmental or temporary permits], where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights or with…”
Eureka Co. Vs. State Eng'r c/w 63258, 2015 NV 84 (Nev. 2015).
“However: Except as otherwise provided in subsection 10 [which excepts applications for environmental or temporary permits], where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights or with…”
— Nev. Rev. Stat. § 533.024(1)(b) — 1 case
— Nev. Rev. Stat. § 533.024(1)(c) — 1 case
Sullivan v. Lincoln Cnty. Water Dist., 542 P.3d 411 (Nev. 2024).
“We further note the legislative policy declarations set forth in NRS 533.024(1)(c) and (e), which require the State Engineer to "consider the best available science in rendering decisions concerning the available surface and underground sources of water" and "No manage…”
— Nev. Rev. Stat. § 533.024(2) — 1 case
Howell v. Ricci, 197 P.3d 1044 (Nev. 2008).
“The Legislative history of the amendments to NRS Chapter 533 suggests that the amendments were intended to address statements made in Howell 1: 8 Among the amendments, which were retroactively applicable, the Legislature added subsection 2 to NRS 533.024: The procedures in this…”
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