NRS
533.040 Water used for beneficial purposes to remain appurtenant to
place of use; exceptions.
1. Except as otherwise provided in this
section, any water used in this State for beneficial purposes shall be deemed
to remain appurtenant to the place of use.
2. If at any time it is impracticable to
use water beneficially or economically at the place to which it is appurtenant,
the right may be severed from the place of use and be simultaneously
transferred and become appurtenant to another place of use, in the manner
provided in this chapter, without losing priority of right.
3. The provisions of this section do not
apply to a ditch or canal company that appropriates water for diversion and
transmission to the lands of private persons for an annual charge.
4. For the purposes of this section, a
surface water right acquired by a water user in a federal reclamation project
may be considered appurtenant to an entire farm, instead of specifically
identifiable land within that farm, upon the granting of a permit for the
change of place of use by the State Engineer which designates the place of use
as the entire farm. The quantity of water available for use on that farm must
not exceed the total amount determined by applicable decrees as designated in
the permit granted by the State Engineer.
5. For the purposes of this section, a
water right acquired for watering livestock by a person who owns, leases or
otherwise possesses a legal or proprietary interest in the livestock being
watered is appurtenant to:
(a) The land on which the livestock is watered if
the land is owned by the person who possesses a legal or proprietary interest
in the livestock; or
(b) Other land which is located in this State, is
benefited by the livestock being watered and is capable of being used in
conjunction with the livestock operation of the person who owns the land if
that land is owned by the person who possesses the legal or proprietary
interest in the livestock being watered.
6. The provisions of subsection 5 must not
be construed:
(a) To impair a vested right or other existing
water right established before June 12, 2003, of a person to the use of water
for the purpose of watering livestock; or
(b) To prevent any transfer of ownership of a
water right for the purpose of watering livestock.
7. As used in this section, “farm” means a
tract of land that is owned or leased by the same person and is primarily used
for agricultural purposes. The term includes two or more such tracts of land,
regardless of whether the tracts are contiguous to one another.
[4:140:1913; 1919 RL p. 3225; NCL § 7893]—(NRS A 1999,
2630; 2003,
3410; 2015,
303)
Notes of Decisions
Adaven Mgmt., Inc. v. Mountain Falls Acquisition Corp., 191 P.3d 1189 (Nev. 2008).
· cites it 16× “: In this appeal, we consider whether water rights may be transferred separately from the property to which they are appurtenant without prior severance under NRS 533.040. We also consider whether the anti-speculation doctrine adopted by this court in Bacher v.”
Desert Irrigation, Ltd. v. State of Nevada, 944 P.2d 835 (Nev. 1997).
· cites it 4× “For those permittees, like DI, who hold a certificated water right but seek a permit to change the point of diversion, place or *1060 manner of use, NRS 533.040 discusses the legal effect a change permit has on prior certificated water rights.”
Preferred Equities Corp. v. State Eng'r, 75 P.3d 380 (Nev. 2003).
· cites it 4× “The claim of tolling under NRS 533.040(2) PEC argues that an application to change the place and manner of use of water rights tolled the forfeiture period by implication under NRS 533.”
Andersen Fam. Assocs. v. Hugh Ricci, 179 P.3d 1201 (Nev. 2008).
· cites it 2× “” 34 Furthermore, we recognized that “[t]he plain language of NRS 533.040 ‘severs’ all existing water rights under a *192 prior certificated use.”
Dermody v. City of Reno, 931 P.2d 1354 (Nev. 1997).
“NRS 533.040. This is so whether water rights are acquired by statute or common law.”
— Nev. Rev. Stat. § 533.040(1) — 1 case
Adaven Mgmt., Inc. v. Mountain Falls Acquisition Corp., 191 P.3d 1189 (Nev. 2008).
“: In this appeal, we consider whether water rights may be transferred separately from the property to which they are appurtenant without prior severance under NRS 533.040. We also consider whether the anti-speculation doctrine adopted by this court in Bacher v.”
— Nev. Rev. Stat. § 533.040(2) — 3 cases
Preferred Equities Corp. v. State Eng'r, 75 P.3d 380 (Nev. 2003).
“The claim of tolling under NRS 533.040(2) PEC argues that an application to change the place and manner of use of water rights tolled the forfeiture period by implication under NRS 533.”
Adaven Mgmt., Inc. v. Mountain Falls Acquisition Corp., 191 P.3d 1189 (Nev. 2008).
“: In this appeal, we consider whether water rights may be transferred separately from the property to which they are appurtenant without prior severance under NRS 533.040. We also consider whether the anti-speculation doctrine adopted by this court in Bacher v.”
Andersen Fam. Assocs. v. Hugh Ricci, 179 P.3d 1201 (Nev. 2008).
“” 34 Furthermore, we recognized that “[t]he plain language of NRS 533.040 ‘severs’ all existing water rights under a *192 prior certificated use.”
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