Nevada Revised Statutes

Nev. Rev. Stat. § 533.070 (2026)

Quantity of water appropriated limited to amount reasonably required for beneficial use; duties of State Engineer in connection with water diverted or stored for purpose of irrigation

✓ current as of July 2026

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NRS 533.070 Quantity of water appropriated limited to amount reasonably required for beneficial use; duties of State Engineer in connection with water diverted or stored for purpose of irrigation.

1. The quantity of water from either a surface or underground source which may hereafter be appropriated in this state shall be limited to such water as shall reasonably be required for the beneficial use to be served.

2. Where the water is to be diverted for irrigation purposes, or where the water is to be stored for subsequent irrigation purposes, the State Engineer in determining the amount of water to be granted in a permit to appropriate water shall take into consideration the irrigation requirements in the section of the State in which the appropriation is to be made. The State Engineer shall consider the duty of water as theretofore established by court decree or by experimental work in such area or as near thereto as possible. The State Engineer shall also consider the growing season, type of culture, and reasonable transportation losses of water up to where the main ditch or channel enters or becomes adjacent to the land to be irrigated, and may consider any other pertinent data deemed necessary to arrive at the reasonable duty of water. In addition, in the case of storage of water, reservoir evaporation losses should be taken into consideration in determining the acre-footage of storage to be granted in a permit.

[11:140:1913; A 1945, 87; 1943 NCL § 7899]

Notes of Decisions

Cited in 3 cases, 1998–2019 · leading case: Bacher v. Off. of the State Eng'r, 146 P.3d 793 (Nev. 2006).

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Bacher v. Off. of the State Eng'r, 146 P.3d 793 (Nev. 2006). “8 Under NRS 533.070(1), once beneficial use is established, “[t]he quantity of water .”

United States v. Alpine Land & Reservoir Co., 27 F. Supp. 2d 1230 (D. Nev. 1998). · cites it 2× “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 until the actual…”

Ministerio Roca Solida, Inc. v. United States (Fed. Cl. 2019). “035 (beneficial use is “the basis, the measure and the limit of the right to the use of water”); Nev. Rev. Stat. § 533.070 (the quantity of water that may be appropriated “shall be limited to such water as shall reasonably be required for the beneficial use to be served”).”

— Nev. Rev. Stat. § 533.070(1) — 1 case

Bacher v. Off. of the State Eng'r, 146 P.3d 793 (Nev. 2006). “8 Under NRS 533.070(1), once beneficial use is established, “[t]he quantity of water .”

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