Nevada Revised Statutes

Nev. Rev. Stat. § 533.210 (2026)

Finality of decree; application for modification within 3 years after entry; limitations on modification; notice of application

✓ current as of July 2026

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NRS 533.210 Finality of decree; application for modification within 3 years after entry; limitations on modification; notice of application.

1. The decree entered by the court, as provided by NRS 533.185, shall be final and shall be conclusive upon all persons and rights lawfully embraced within the adjudication; but the State Engineer or any party or adjudicated claimant upon any stream or stream system affected by such decree may, at any time within 3 years from the entry thereof, apply to the court for a modification of the decree, insofar only as the decree fixed the duty of water, and upon the hearing of such motion the court may modify such decree increasing or decreasing the duty of water, consistent with good husbandry, and consistent with the principle that actual and beneficial use shall be the measure and limit of the right.

2. Notice of application shall be given as in civil cases.

[36a:140:1913; added 1921, 171; NCL § 7924]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1999–2021 · leading case: Mineral Cnty. v. Walker River Irrigation Dist., 986 F.3d 1197 (9th Cir. 2021).

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Mineral Cnty. v. Walker River Irrigation Dist., 986 F.3d 1197 (9th Cir. 2021). · cites it 2× “3d at 429 (emphasis in original) (quoting Nev. Rev. Stat. § 533.210 (1)). The County has not pointed to any statute, rule, or case law authorizing such a challenge more than 80 years after a decree has become final and conclusive.”

State Eng'r of Nevada v. South Fork Band of the Te-Moak Tribe of W. Shoshone Indians, 66 F. Supp. 2d 1163 (D. Nev. 1999). “NRS 533.210. Third, after the final decree is entered, the enforcement phase of the adjudication begins.”

Mineral Co. Vs. Lyon Co. (nrap 5), 2020 NV 58 (Nev. 2020). · cites it 6× “NRS 533.210 expressly provides that decreed water rights "shall" be final and conclusive.”

— Nev. Rev. Stat. § 533.210(1) — 2 cases

Mineral Cnty. v. Walker River Irrigation Dist., 986 F.3d 1197 (9th Cir. 2021). “3d at 429 (emphasis in original) (quoting Nev. Rev. Stat. § 533.210 (1)). The County has not pointed to any statute, rule, or case law authorizing such a challenge more than 80 years after a decree has become final and conclusive.”

Mineral Co. Vs. Lyon Co. (nrap 5), 2020 NV 58 (Nev. 2020). “NRS 533.210 expressly provides that decreed water rights "shall" be final and conclusive.”

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