NRS
533.060 Right to use limited to amount necessary; loss or abandonment of
rights; no acquisition of prescriptive right; reservation of rights by State.
1. Rights to the use of water must be
limited and restricted to as much as may be necessary, when reasonably and
economically used for irrigation and other beneficial purposes, irrespective of
the carrying capacity of the ditch. The balance of the water not so
appropriated must be allowed to flow in the natural stream from which the ditch
draws its supply of water, and must not be considered as having been
appropriated thereby.
2. Rights to the use of surface water
shall not be deemed to be lost or otherwise forfeited for the failure to use
the water therefrom for a beneficial purpose.
3. A surface water right that is
appurtenant to land formerly used primarily for agricultural purposes is not
subject to a determination of abandonment if the surface water right:
(a) Is appurtenant to land that has been
converted to urban use; or
(b) Has been dedicated to or acquired by a water
purveyor, public utility or public body for municipal use.
4. In a determination of whether a right
to use surface water has been abandoned, a presumption that the right to use
the surface water has not been abandoned is created upon the submission of
records, photographs, receipts, contracts, affidavits or any other proof of the
occurrence of any of the following events or actions within a 10-year period
immediately preceding any claim that the right to use the water has been
abandoned:
(a) The delivery of water;
(b) The payment of any costs of maintenance and
other operational costs incurred in delivering the water;
(c) The payment of any costs for capital
improvements, including works of diversion and irrigation; or
(d) The actual performance of maintenance related
to the delivery of the water.
5. A prescriptive right to the use of the
water or any of the public water appropriated or unappropriated may not be
acquired by adverse possession. Any such right to appropriate any of the water
must be initiated by applying to the State Engineer for a permit to appropriate
the water as provided in this chapter.
6. The State of Nevada reserves for its
own present and future use all rights to the use and diversion of water
acquired pursuant to chapter 462, Statutes of Nevada 1963, or otherwise
existing within the watersheds of Marlette Lake, Franktown Creek and Hobart
Creek and not lawfully appropriated on April 26, 1963, by any person other than
the Marlette Lake Company. Such a right must not be appropriated by any person
without the express consent of the Legislature.
[8:140:1913; A 1917,
353; 1949,
102; 1943 NCL § 7897]—(NRS A 1979,
1161; 1999,
2631)
Notes of Decisions
United States v. Alpine Land & Reservoir Co., 27 F. Supp. 2d 1230 (D. Nev. 1998).
· cites it 7× “If the right vested before March 22, 1913, or if the appropriation of the right was initiated in accordance with the law in effect prior to that date, then it is not subject to possible forfeiture under NRS § 533.060. The Tribe protested 40 out of the 56 parcels on the grounds…”
United States v. Orr Water Ditch Co., 256 F.3d 935 (9th Cir. 2001).
· cites it 4× “concluded that individual water rights were exempted from the Nevada forfeiture statute only if the rights were vested, or the appropriations had been initiated, prior to 1913: If the right vested before March 22, 1913, or if the appropriation of the right was initiated in…”
Eureka Co. Vs. State Eng'r c/w 63258, 2015 NV 84 (Nev. 2015).
· cites it 4× “NRS 533.060(4)(a)-(d). Requiring that existing rights holders use water other than from the source that they currently have rights in might mean the existing rights holder would need to obtain a new permit to appropriate that new water.”
Eureka Co. v. State Eng'r C/W 63258 (Nev. 2015).
· cites it 2× “NRS 533.060(4)(a)-(d). Requiring that existing right holders use water other than from the source that they currently have rights in might mean the existing right holder would need to obtain a new permit to appropriate that new water.”
Eureka Co. v. State Eng'r C/W 63258 (Nev. 2015).
· cites it 2× “NRS 533.060(4)(a)-(d). Requiring that existing right holders use water other than from the source that they currently have rights in might mean the existing right holder would need to obtain a new permit to appropriate that new water.”
Eureka Cnty. v. State Eng'r, 2015 NV 84 (Nev. 2015).
· cites it 2× “NRS 533.060(4)(a)-(d). Requiring that existing rights holders use water other than from the source that they currently have rights in might mean the existing rights holder would need to obtain a new permit to appropriate that new water.”
Eureka Co. Vs. State Eng'r c/w 63258, 2015 NV 84 (Nev. 2015).
· cites it 2× “NRS 533.060(4)(a)-(d). Requiring that existing rights holders use water other than from the source that they currently have rights in might mean the existing rights holder would need to obtain a new permit to appropriate that new water.”
Eureka Co. Vs. State Eng'r c/w 63258, 2015 NV 84 (Nev. 2015).
· cites it 2× “NRS 533.060(4)(a)-(d). Requiring that existing rights holders use water other than from the source that they currently have rights in might mean the existing rights holder would need to obtain a new permit to appropriate that new water.”
— Nev. Rev. Stat. § 533.060(1) — 1 case
— Nev. Rev. Stat. § 533.060(2) — 2 cases
United States v. Alpine Land & Reservoir Co., 27 F. Supp. 2d 1230 (D. Nev. 1998).
“If the right vested before March 22, 1913, or if the appropriation of the right was initiated in accordance with the law in effect prior to that date, then it is not subject to possible forfeiture under NRS § 533.060. The Tribe protested 40 out of the 56 parcels on the grounds…”
— Nev. Rev. Stat. § 533.060(4)(a) — 6 cases
Eureka Co. Vs. State Eng'r c/w 63258, 2015 NV 84 (Nev. 2015).
“NRS 533.060(4)(a)-(d). Requiring that existing rights holders use water other than from the source that they currently have rights in might mean the existing rights holder would need to obtain a new permit to appropriate that new water.”
Eureka Co. v. State Eng'r C/W 63258 (Nev. 2015).
“NRS 533.060(4)(a)-(d). Requiring that existing right holders use water other than from the source that they currently have rights in might mean the existing right holder would need to obtain a new permit to appropriate that new water.”
Eureka Co. v. State Eng'r C/W 63258 (Nev. 2015).
“NRS 533.060(4)(a)-(d). Requiring that existing right holders use water other than from the source that they currently have rights in might mean the existing right holder would need to obtain a new permit to appropriate that new water.”
Eureka Cnty. v. State Eng'r, 2015 NV 84 (Nev. 2015).
“NRS 533.060(4)(a)-(d). Requiring that existing rights holders use water other than from the source that they currently have rights in might mean the existing rights holder would need to obtain a new permit to appropriate that new water.”
Eureka Co. Vs. State Eng'r c/w 63258, 2015 NV 84 (Nev. 2015).
“NRS 533.060(4)(a)-(d). Requiring that existing rights holders use water other than from the source that they currently have rights in might mean the existing rights holder would need to obtain a new permit to appropriate that new water.”
— Nev. Rev. Stat. § 533.060(5) — 6 cases
Eureka Co. Vs. State Eng'r c/w 63258, 2015 NV 84 (Nev. 2015).
“NRS 533.060(4)(a)-(d). Requiring that existing rights holders use water other than from the source that they currently have rights in might mean the existing rights holder would need to obtain a new permit to appropriate that new water.”
Eureka Co. v. State Eng'r C/W 63258 (Nev. 2015).
“NRS 533.060(4)(a)-(d). Requiring that existing right holders use water other than from the source that they currently have rights in might mean the existing right holder would need to obtain a new permit to appropriate that new water.”
Eureka Co. v. State Eng'r C/W 63258 (Nev. 2015).
“NRS 533.060(4)(a)-(d). Requiring that existing right holders use water other than from the source that they currently have rights in might mean the existing right holder would need to obtain a new permit to appropriate that new water.”
Eureka Cnty. v. State Eng'r, 2015 NV 84 (Nev. 2015).
“NRS 533.060(4)(a)-(d). Requiring that existing rights holders use water other than from the source that they currently have rights in might mean the existing rights holder would need to obtain a new permit to appropriate that new water.”
Eureka Co. Vs. State Eng'r c/w 63258, 2015 NV 84 (Nev. 2015).
“NRS 533.060(4)(a)-(d). Requiring that existing rights holders use water other than from the source that they currently have rights in might mean the existing rights holder would need to obtain a new permit to appropriate that new water.”
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