NRS
533.240 All claimants to be made parties in any suit brought to
determine rights; State Engineer to prepare hydrographic survey of stream
system; costs; transfer of suit to State Engineer for determination.
1. In any suit brought in the district
court for the determination of a right or rights to the use of water of any
stream, all persons who claim the right to use the waters of such stream and
the stream system of which it is a part shall be made parties.
2. When the suit has been filed, the court
shall direct the State Engineer to furnish a complete hydrographic survey of
the stream system as provided in NRS 533.100
in order to obtain all physical data necessary to the determination of the
rights involved.
3. The cost of the suit, including the
costs on behalf of the State and of the surveys, shall be charged against each
of the private parties thereto based on a determination by the court of the
relative merits of the claims made by each of the private parties. The court
may assess and charge against any party at any time during the suit an
equitable amount to pay the costs of the survey upon its approval of an
itemized statement therefor submitted by the State Engineer.
4. The court may at any time transfer the
suit to the State Engineer for determination as provided in this chapter.
[45:140:1913; 1919 RL p. 3234; NCL § 7930]—(NRS A 1975,
71)
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 2016–2023 · leading case:
Zenor v. State, 412 P.3d 28 (Nev. 2018).
Zenor v. State, 412 P.3d 28 (Nev. 2018).
“190(1) and NRS 533.240(3), in part, because "attorney fees are not mentioned anywhere in the statute").”
Rand Prop., LLC v. Filippini (Nev. 2016).
· cites it 6× “The action proceeded to adjudication on April 8, 2013, wherein the district court established priority dates for each of the remaining parties' stock and irrigation water rights.”
Zenor Vs. State, Dep't of Transp., 2018 NV 14 (Nev. 2018).
· cites it 2× “190(1) and NRS 533.240(3), in part, because "attorney fees are not mentioned anywhere in the statute").”
City of Fernley v. Ernest Conant (9th Cir. 2023).
“Nev. Rev. Stat. § 533.240 (1). Although we lack jurisdiction over Plaintiffs’ declaratory judgment claims, our holding does not prevent them from asserting their water rights claims in other proceedings, consistent with state law.”
— Nev. Rev. Stat. § 533.240(3) — 4 cases
Zenor v. State, 412 P.3d 28 (Nev. 2018).
“190(1) and NRS 533.240(3), in part, because "attorney fees are not mentioned anywhere in the statute").”
Rand Prop., LLC v. Filippini (Nev. 2016).
“The action proceeded to adjudication on April 8, 2013, wherein the district court established priority dates for each of the remaining parties' stock and irrigation water rights.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.