NRS
533.170 Exceptions to order of determination: Filing and service;
pleadings; findings of fact, judgment and decree; service of findings of fact
and cost bill.
1. At least 5 days prior to the date set for
hearing, all parties in interest who are aggrieved or dissatisfied with the
order of determination of the State Engineer shall file with the clerk of the
court notice of exceptions to the order of determination of the State Engineer.
The notice shall state briefly the exceptions taken and the prayer for relief.
A copy thereof shall be served upon or transmitted to the State Engineer by
registered or certified mail.
2. The order of determination by the State
Engineer and the statements or claims of claimants and exceptions made to the
order of determination shall constitute the pleadings, and there shall be no
other pleadings in the cause.
3. If no exceptions shall have been filed
with the clerk of the court as provided in subsection 1, then on the day set
for hearing the court may take further testimony if deemed proper, and shall
then enter its findings of fact and judgment and decree.
4. On the day set for hearing, all parties
in interest who have filed notices of exceptions, as provided in subsection 1,
shall appear in person or by counsel, and the court shall hear the same or set
the time for hearing, until such exceptions are disposed of.
5. All proceedings thereunder, including
the taking of testimony, shall be as nearly as may be in accordance with the
Nevada Rules of Civil Procedure; but the provisions of the Nevada Rules of
Civil Procedure and NRS 18.110 shall not
apply respecting the service of proposed findings of fact and decree or service
and filing of a cost bill, and service shall be made in the following manner.
All claimants who have filed exceptions or objections to the final order of
determination shall be served with a copy of the proposed findings of fact and
decree by serving the attorney who appeared for such claimants in the
proceedings. All claimants or water users who have not filed exceptions or
objections to the final order of determination shall be served with a copy of
the proposed findings of fact and decree by serving a copy thereof on the
Attorney General. Such service, in each instance, shall be made at least 30
days before the findings of fact and decree shall be signed by the court, and
the court shall not sign any findings of fact therein prior to the expiration
of such 30 days. The cost bill shall be prepared and filed with the clerk of
the court wherein the proceedings are pending, and it shall not be necessary to
serve any of the exceptors, claimants or appropriators or their attorneys with
a copy of the cost bill.
[35:140:1913; A 1915,
378; 1921,
171; 1927,
334; NCL § 7922]—(NRS A 1969,
95)
Notes of Decisions
G. & M. Props. v. Second Jud. Dist. Court, 594 P.2d 714 (Nev. 1979).
· cites it 20× “450, after which he twice in writing notified all interested parties, including claimants Bailey and Livingston, that the hearing on the objections was scheduled in the district court March 31, 1977, and that all notices of exceptions must be filed five days prior thereto,…”
Jackson Vs. Groenendyke, 2016 NV 25 (Nev. 2016).
· cites it 24× “The matter was then set for a hearing in district court as required by NRS 533.170. NRS 533.170 allows a party aggrieved or dissatisfied by the State Engineer's final determination to file a notice of exceptions in district court, setting forth the exceptions taken to that…”
Bentley v. Hall Ranches, LLC C/W 64773/66932 (Nev. 2016).
· cites it 9× “As provided under NRS 533.170, the Bentleys filed a notice of exceptions to the FOD with the district court, asserting that they had the right to continuously divert water to their ponds under a 1987 diversion agreement and, thus, could not be subjected to a rotation schedule,…”
Jackson Vs. Groenendyke, 2016 NV 25 (Nev. 2016).
· cites it 8× “The matter was then set for a hearing in district court as required by NRS 533.170. NRS 533.170 allows a party aggrieved or dissatisfied by the State Engineer's final determination to file a notice of exceptions in district court, setting forth the exceptions taken to that…”
Palomino Dev. v. King, P.E. (Nev. 2013).
“2d 714, 716 (1979) (strictly construing NRS 533.170's five-day filing timeline and concluding that the district court was without jurisdiction to consider late-filed water rights exceptions) •2 Accordingly, we ORDER the judgment of the district court AFFIRMED.”
— Nev. Rev. Stat. § 533.170(1) — 1 case
Bentley v. Hall Ranches, LLC C/W 64773/66932 (Nev. 2016).
“As provided under NRS 533.170, the Bentleys filed a notice of exceptions to the FOD with the district court, asserting that they had the right to continuously divert water to their ponds under a 1987 diversion agreement and, thus, could not be subjected to a rotation schedule,…”
— Nev. Rev. Stat. § 533.170(2) — 1 case
Bentley v. Hall Ranches, LLC C/W 64773/66932 (Nev. 2016).
“As provided under NRS 533.170, the Bentleys filed a notice of exceptions to the FOD with the district court, asserting that they had the right to continuously divert water to their ponds under a 1987 diversion agreement and, thus, could not be subjected to a rotation schedule,…”
— Nev. Rev. Stat. § 533.170(3) — 1 case
G. & M. Props. v. Second Jud. Dist. Court, 594 P.2d 714 (Nev. 1979).
“450, after which he twice in writing notified all interested parties, including claimants Bailey and Livingston, that the hearing on the objections was scheduled in the district court March 31, 1977, and that all notices of exceptions must be filed five days prior thereto,…”
— Nev. Rev. Stat. § 533.170(5) — 3 cases
Jackson Vs. Groenendyke, 2016 NV 25 (Nev. 2016).
“The matter was then set for a hearing in district court as required by NRS 533.170. NRS 533.170 allows a party aggrieved or dissatisfied by the State Engineer's final determination to file a notice of exceptions in district court, setting forth the exceptions taken to that…”
Jackson Vs. Groenendyke, 2016 NV 25 (Nev. 2016).
“The matter was then set for a hearing in district court as required by NRS 533.170. NRS 533.170 allows a party aggrieved or dissatisfied by the State Engineer's final determination to file a notice of exceptions in district court, setting forth the exceptions taken to that…”
Bentley v. Hall Ranches, LLC C/W 64773/66932 (Nev. 2016).
“As provided under NRS 533.170, the Bentleys filed a notice of exceptions to the FOD with the district court, asserting that they had the right to continuously divert water to their ponds under a 1987 diversion agreement and, thus, could not be subjected to a rotation schedule,…”
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