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

Nev. Rev. Stat. § 533.035

Beneficial use: Basis, measure and limit of right to use

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NRS 533.035  Beneficial use: Basis, measure and limit of right to use.  Beneficial use shall be the basis, the measure and the limit of the right to the use of water.

      [3:140:1913; 1919 RL p. 3225; NCL § 7892]

     

Notes of Decisions
Cited in 20 cases (1 in the last 5 years), 1957–2022 · leading case: State v. Morros
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State v. Morros (1988) nev · cites it 3× “Respondents assert that the contents of an application specified in NRS 533.”
United States v. Alpine Land and Reservoir Co. (1998) nvd · cites it 4× “2d 311 (1940); NRS § 533.035; NRS § 533.070. “The nature of a water right is such that it takes time to perfect the right; when any work is necessary to complete the appropriation, the law gives a claimant a reasonable time to do it, and the appropriation is not deemed complete…”
United States v. State Engineer (2001) nev · cites it 2× “030; NRS 533.035; and NRS 533.045. There are two classes of surface water rights by appropriation in Nevada: (1) vested rights, which were initiated during the early days of the state's development before any definite laws concerning appropriation of water existed; and (2)…”
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 .”
United States v. Orr Water Ditch Co. (2004) nvd · cites it 2× “Accordingly, while the priority date of a state water right is measured from the date on which beneficial use first begins, 1 the priority date of a federal reserved water right is measured from the date the reservation was created and the lands withdrawn from the public domain.”
Desert Irrigation, Ltd. v. State of Nevada (1997) nev “” NRS 533.035. Each time an individual undertakes an appropriation, the per-mittee must put the water to beneficial use or risk losing their inchoate usufructuary right.”
United States v. Alpine Land & Reservoir Co. (1996) nvd · cites it 2× “§ 533.035. To the extent that Aqueduct asserts that its rights are pure storage rights with no other manner of use, the storage of water alone, absent an underlying beneficial use, is not a valid appropriation and water right.”
Bailey v. State (1979) nev “Under these circumstances, we find no basis to question the determination that such should be their appropriation under NRS 533.035, which provides that “[b]eneficial use shall be the basis, the measure and the limit of the right to the use of water.”
Preferred Equities Corp. v. State Engineer (2003) nev “2d 835, 842 (1997); see also NRS 533.035. See NRS 533.025.”
State Engineer of Nevada v. South Fork Band of the Te-Moak Tribe of Western Shoshone Indians (1999) nvd “NRS 533.035. The judicial phase of an adjudication culminates in the entry of a final judicial decree of the water rights in the stream system and is conclusive upon all persons and rights lawfully embraced within the adjudication.”
Ansolabehere v. Laborde (1957) nev “3 NRS 533.035. Another example of the complete divergence of the views of the parties is this.”
DIAMOND NAT. RES. PROT. AND CONSERVATION ASS'N v. DIAMOND VALLEY RANCH, LLC (2022) nev · cites it 4× “The district court concluded that the GMP violated (1) the doctrine of prior appropriation by forcing senior appropriators to reduce their water use; (2) the beneficial use statute, NRS 533.035, by allowing unused groundwater to be banked or transferred; and (3) two permitting…”
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