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

Nev. Rev. Stat. § 533.030

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

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

      1.  Subject to existing rights, and except as otherwise provided in this section and NRS 533.0241, 533.027, 533.028 and 534.115, all water may be appropriated for beneficial use as provided in this chapter and not otherwise.

      2.  The use of water, from any stream system as provided in this chapter and from underground water as provided in NRS 534.080, for any recreational purpose, or the use of water from the Muddy River or the Virgin River to create any developed shortage supply or intentionally created surplus, is hereby declared to be a beneficial use. As used in this subsection:

      (a) “Developed shortage supply” has the meaning ascribed to it in Volume 73 of the Federal Register at page 19884, April 11, 2008, and any subsequent amendment thereto.

      (b) “Intentionally created surplus” has the meaning ascribed to it in Volume 73 of the Federal Register at page 19884, April 11, 2008, and any subsequent amendment thereto.

      3.  Except as otherwise provided in subsection 4, in any county whose population is 700,000 or more:

      (a) The board of county commissioners may prohibit or restrict by ordinance the use of water and effluent for recreational purposes in any artificially created lake or stream located within the unincorporated areas of the county.

      (b) The governing body of a city may prohibit or restrict by ordinance the use of water and effluent for recreational purposes in any artificially created lake or stream located within the boundaries of the city.

      4.  In any county whose population is 700,000 or more, the provisions of subsection 1 and of any ordinance adopted pursuant to subsection 3 do not apply to:

      (a) Water stored in an artificially created reservoir for use in flood control, in meeting peak water demands or for purposes relating to the treatment of sewage;

      (b) Water used in a mining reclamation project; or

      (c) A body of water located in a recreational facility that is open to the public and owned or operated by the United States or the State of Nevada.

      [2:140:1913; 1919 RL p. 3225; NCL § 7891]—(NRS A 1969, 141; 1981, 658; 1985, 1301; 1989, 535, 1444; 1995, 2659; 2009, 643; 2011, 1293; 2017, 1432; 2019, 2515; 2021, 1443; 2025, 1396, 1936)

     

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1976–2024 · leading case: State v. Morros
Sort: Relevance Newest Treatment
State v. Morros (1988) nev · cites it 7× “NRS 533.030(1). 1 See generally NRS Chapters 533 and 534.”
United States v. State Engineer (2001) nev · cites it 4× “See NRS 533.030; NRS 533.035; and NRS 533.045.”
Sullivan v. Lincoln Cnty. Water Dist. (2024) nev · cites it 6× “NRS 533.030 ("Subject to existing rights .”
Cappaert v. United States (1976) scotus “Nev. Rev. Stat. §§ 533.030 , 534.020, 533.”
Pyramid Lake Paiute Tribe of Indians v. Washoe County (1996) nev · cites it 2× “*700 DISCUSSION This appeal presents two issues for review: whether the State Engineer properly defined the meaning of "the public interest" and whether the Honey Lake importation project is detrimental to the public interest. Meaning of the public interest The appropriation of…”
Bacher v. Office of the State Engineer (2006) nev “Its fundamental requirement, as articulated in NRS 533.030(1), is that water only be appropriated for “beneficial use.”
Desert Irrigation, Ltd. v. State of Nevada (1997) nev “NRS 533.030. The concept of beneficial use is singularly the most important public policy underlying the water laws of Nevada and many of the western states.”
United States v. Alpine Land & Reservoir Co. (1996) nvd “§ 533.030. A beneficial use is the basis of a water right.”
MINERAL CO. VS. LYON CO. (NRAP 5) (2020) nev · cites it 4× “111, § 1, at 141 (amending NRS 533.030); State v. Morros, 104 Nev. 709, 716-17, 766 P.”
Ministerio Roca Solida, Inc. v. United States (2019) uscfc · cites it 2× “In 1969, the Nevada legislature enacted Nev. Rev. Stat. § 533.030 (2) which for the first time “recognize[d] recreation as a beneficial use of water.”
— Nev. Rev. Stat. § 533.030(1) — 6 cases
State v. Morros (1988) nev “NRS 533.030(1). 1 See generally NRS Chapters 533 and 534.”
United States v. State Engineer (2001) nev “See NRS 533.030; NRS 533.035; and NRS 533.045.”
Pyramid Lake Paiute Tribe of Indians v. Washoe County (1996) nev “*700 DISCUSSION This appeal presents two issues for review: whether the State Engineer properly defined the meaning of "the public interest" and whether the Honey Lake importation project is detrimental to the public interest. Meaning of the public interest The appropriation of…”
Sullivan v. Lincoln Cnty. Water Dist. (2024) nev “NRS 533.030 ("Subject to existing rights .”
Bacher v. Office of the State Engineer (2006) nev “Its fundamental requirement, as articulated in NRS 533.030(1), is that water only be appropriated for “beneficial use.”
— Nev. Rev. Stat. § 533.030(2) — 2 cases
State v. Morros (1988) nev “NRS 533.030(1). 1 See generally NRS Chapters 533 and 534.”
Ministerio Roca Solida, Inc. v. United States (2019) uscfc “In 1969, the Nevada legislature enacted Nev. Rev. Stat. § 533.030 (2) which for the first time “recognize[d] recreation as a beneficial use of water.”
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