Nev. Rev. Stat. » NRS: CHAPTER 533 - ADJUDICATION OF VESTED WATER RIGHTS; APPROPRIATION OF PUBLIC WATERS

Nev. Rev. Stat. § 533.220

Distribution of water; enforcement of order or decision of State Engineer; appeal

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NRS 533.220  Distribution of water; enforcement of order or decision of State Engineer; appeal.

      1.  From and after the filing of the order of determination in the district court, the distribution of water by the State Engineer or by any of the State Engineer’s assistants or by the water commissioners or their assistants shall, at all times, be under the supervision and control of the district court. Such officers and each of them shall, at all times, be deemed to be officers of the court in distributing water under and pursuant to the order of determination or under and pursuant to the decree of the court.

      2.  Upon the neglect or refusal of any claimant to the use of water as provided in this chapter to carry out or abide by an order or decision of the State Engineer acting as an officer of the court, the State Engineer may petition the district court having jurisdiction of the matter for a review of such order and cause to be issued thereon an order to show cause why the order and decision should not be complied with.

      3.  The order to show cause shall be personally served on the claimant or claimants complained of, who shall appear and show cause on the day fixed in the court’s order so to do.

      4.  The hearing on the petition and order to show cause shall be informal and summary in character, with full opportunity afforded each party to present his or her case.

      5.  Appeals from the judgment may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution in like manner as appeals in other civil cases; but notice of appeal must be served and filed within 40 days from the entry of judgment.

      [36 1/2:140:1913; added 1927, 337; A 1951, 132]—(NRS A 2013, 1786)

     

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2002–2025 · leading case: South Fork Band of the Te-Moak Tribe v. State Engineer of Nevada
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South Fork Band of the Te-Moak Tribe v. State Engineer of Nevada (2002) nev · cites it 4× “9 This proceeding, however, arises in part from a contempt order entered as a final judgment under NRS 533.220, which expressly provides a right of appeal from the judgment “in like manner as appeals in other civil cases.”
In Re Nevada State Engr. Ruling No. 5823 (2012) nev “The issue that divided the parties in Jahn was whether HLILP could proceed under section 36½ of the water law (now NRS 533.220(1)) with a request that the decree court direct the State Engineer to act as HLILP demanded or was limited to, and should have initiated, a proceeding…”
Churchill County v. State Engineer (2012) nev “The issue that divided the parties in Jahn was whether HLILP could proceed under section 36½ of the water law (now NRS 533.220(1)) with a request that the decree court direct the State Engineer to act as HLILP demanded or was limited to, and should have initiated, a proceeding…”
Bentley v. Hall Ranches, LLC C/W 64773/66932 (2016) nev “SUPREME COURT OF NEVADA 10 (0) 1947A Celp NRS 533.220(1) states: From and after the filing of the order of determination in the district court, the distribution of water by the State Engineer or by any of the State Engineer's assistants or by the water commissioners or their…”
SULLIVAN, P.E. v. BAKER RANCHES, INC. (2025) nev “085 provides that nothing in NRS Chapter 533 shall impair a vested water right, NRS 533.220 provides that the State Engineer may petition a district court to enforce an administrative order determining distribution of water, and NRS 533.”
— Nev. Rev. Stat. § 533.220(1) — 3 cases
In Re Nevada State Engr. Ruling No. 5823 (2012) nev “The issue that divided the parties in Jahn was whether HLILP could proceed under section 36½ of the water law (now NRS 533.220(1)) with a request that the decree court direct the State Engineer to act as HLILP demanded or was limited to, and should have initiated, a proceeding…”
Churchill County v. State Engineer (2012) nev “The issue that divided the parties in Jahn was whether HLILP could proceed under section 36½ of the water law (now NRS 533.220(1)) with a request that the decree court direct the State Engineer to act as HLILP demanded or was limited to, and should have initiated, a proceeding…”
Bentley v. Hall Ranches, LLC C/W 64773/66932 (2016) nev “SUPREME COURT OF NEVADA 10 (0) 1947A Celp NRS 533.220(1) states: From and after the filing of the order of determination in the district court, the distribution of water by the State Engineer or by any of the State Engineer's assistants or by the water commissioners or their…”
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