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, 766 P.2d 263 (Nev. 1988).
State v. Morros, 766 P.2d 263 (Nev. 1988).
· cites it 7× “NRS 533.030(1). 1 See generally NRS Chapters 533 and 534.”
Pyramid Lake Paiute Tribe of Indians v. Washoe Cnty., 918 P.2d 697 (Nev. 1996).
· 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. Off. of the State Eng'r, 146 P.3d 793 (Nev. 2006).
“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, 944 P.2d 835 (Nev. 1997).
“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.”
Ministerio Roca Solida, Inc. v. United States, No. 16-826 (Fed. Cl. Nov. 20, 2019).
· 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, 766 P.2d 263 (Nev. 1988).
“NRS 533.030(1). 1 See generally NRS Chapters 533 and 534.”
Pyramid Lake Paiute Tribe of Indians v. Washoe Cnty., 918 P.2d 697 (Nev. 1996).
“*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. Off. of the State Eng'r, 146 P.3d 793 (Nev. 2006).
“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, 766 P.2d 263 (Nev. 1988).
“NRS 533.030(1). 1 See generally NRS Chapters 533 and 534.”
Ministerio Roca Solida, Inc. v. United States, No. 16-826 (Fed. Cl. Nov. 20, 2019).
“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.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.