Nev. Rev. Stat. » NRS: CHAPTER 533 - ADJUDICATION OF VESTED WATER RIGHTS; APPROPRIATION OF PUBLIC WATERS

Nev. Rev. Stat. § 533.025

Water belongs to public

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NRS 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.

      [1:140:1913; 1919 RL p. 3225; NCL § 7890]

     

Notes of Decisions
Cited in 18 cases (2 in the last 5 years), 1996–2026 · leading case: Lawrence v. Clark County
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Lawrence v. Clark County (2011) nev · cites it 7× “Justice Rose further asserted that the public trust doctrine in Nevada is contained in NRS 533.025, which provides that “ ‘[t]he 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 *397 public.”
Mineral County v. STATE, DEPT. OF CONSERV. (2001) nev · cites it 2× “As NRS 533.025 unambiguously states, "[t]he 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.”
United States v. State Engineer (2001) nev · cites it 2× “See NRS 533.025. Codified as Chapter 533 of Nevada Revised Statutes, allocation of surface water under the prior appropriation doctrine is determined, measured and limited by beneficial use.”
Desert Irrigation, Ltd. v. State of Nevada (1997) nev · cites it 2× “” NRS 533.025 (emphasis added). Indeed, even those holding certificated, vested, or perfected water rights do not own or acquire title to water.”
Pyramid Lake Paiute Tribe of Indians v. Washoe County (1996) nev · cites it 2× “[7] NRS 533.025. In refusing to consider any of the alternatives presented by the protestants to the use proposed by the applicants, the State Engineer has violated his trust and has failed to consider adequately the public's interest in its water resources.”
Bacher v. Office of the State Engineer (2006) nev “NRS 533.025. See also NRS 533.045 (“[N]o person shall be permitted to divert or use .”
Sierra Pac. Indus. v. Wilson (2019) nev “" NRS 533.025. "[E]ven those holding certificated, vested, or perfected water rights do not own or acquire title to water.”
Mineral Cnty. v. Walker River Irrigation Dist. (2018) ca9 “2d 835 , 842 (1997) (alteration omitted) (quoting Nev. Rev. Stat. § 533.025 ). Based on this statement, Justice Rose concluded in Mineral County that even "those holding vested water rights" hold "[t]his right .”
Preferred Equities Corp. v. State Engineer (2003) nev “…Desert Irrigation, Ltd. v. State of Nevada, 113 Nev. 1049, 1059 , 944 P.2d 835, 842 (1997); see also NRS 533.035. See NRS 533.025.”
Holm v. Kodat (2022) ill “” Nev. Rev. Stat. § 533.025 (2021). The California statute titled “Public water of state; appropriation” provides that “[a]ll water flowing in any natural channel *** is hereby declared to be public water of the State and subject to appropriation.”
MINERAL CO. VS. LYON CO. (NRAP 5) (2020) nev · cites it 10× “0005 and NRS 533.025. Specifically, the Legislature has declared that state lands "must be used in the best interest of the residents of this State, and to that end the lands may be used for recreational activities, the production of revenue and other public purposes.”
STATE ENGINEER VS. HAPPY CREEK, INC. (2019) nev · cites it 4× “Enacted in 1913, NRS 533.025 declares: "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.”
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