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

Nev. Rev. Stat. § 533.325 (2026)

Application to State Engineer for permit

✓ current as of July 2026
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NRS 533.325  Application to State Engineer for permit.  Except as otherwise provided in NRS 533.027, 533.028 and 534.065, any person who wishes to appropriate any of the public waters, or to change the place of diversion, manner of use or place of use of water already appropriated, shall, before performing any work in connection with such appropriation, change in place of diversion or change in manner or place of use, apply to the State Engineer for a permit to do so.

      [Part 59:140:1913; A 1919, 71; 1951, 132]—(NRS A 1991, 859; 2017, 1433; 2019, 2525; 2021, 1444)

     

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1976–2026 · leading case: Round Hill Gen. Improvement Dist. v. Newman, 637 P.2d 534 (Nev. 1981).
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Round Hill Gen. Improvement Dist. v. Newman, 637 P.2d 534 (Nev. 1981). “NRS 533.325 et seq. The State Engineer has declined to act on the applications on the ground that a pending court action in the area is not final.”
State v. Morros, 766 P.2d 263 (Nev. 1988). · cites it 2× “See NRS 533.325. In reviewing the district court’s *713 decision we are mindful of the statutory provision that “[t]he decision of the state engineer shall be prima facie correct, and the burden of proof shall be upon the party attacking the same.”
Cappaert v. United States, 426 U.S. 128 (1976). “In April 1970 the Cappaerts, pursuant to Nevada law, Nev. Rev. Stat. §533.325 (1973), applied to the State Engineer, Roland D.”
United States v. State Eng'r, 27 P.3d 51 (Nev. 2001). · cites it 2× “085 and NRS 533.325. This case involves the latter class of permitted water rights.”
Andersen Fam. Assocs. v. Hugh Ricci, 179 P.3d 1201 (Nev. 2008). · cites it 3× “1; NRS 533.325-,380 (describing application and approval process for permits).”
Margrave v. Dermody Props., Inc., 878 P.2d 291 (Nev. 1994). “504 water rights pursuant to NRS 533.325 and 533.345(1).” These statutes require a party wishing to change the place of water use to submit an application with the state engineer for a permit.”
Howell v. Ricci, 197 P.3d 1044 (Nev. 2008). “The Howells continue to conflate questions of the State Engineer’s decision to change the place of diversion, manner of use or place of use of water, under NRS 533.325, with questions of title to those water rights.”
Carson-Truckee Water Conservancy Dist. v. Watt, 537 F. Supp. 106 (D. Nev. 1982). · cites it 2× “In 1968, the Secretary applied to the Nevada State Engineer for a permit to appropriate water for M&I, irrigation, and fish and wildlife purposes. Because the amount of water which would be appropriated for each use was uncertain, the Nevada State Engineer deferred action on…”
Diamond Nat. Res. Prot. & Conservation Ass'n v. Diamond Valley Ranch, LLC, 2022 NV 43 (Nev. 2022). · cites it 4× “035, by allowing unused groundwater to be banked or transferred; and (3) two permitting statutes, NRS 533.325 and NRS 533.345, by allowing appropriators to change the point or manner of diversion without filing an application with the State Engineer.”
State Eng'r Vs. Happy Creek, Inc., 2019 NV 41 (Nev. 2019). · cites it 6× “See NRS 533.325 (arly person who wishes to appropriate any of the public waters, or to change the place of diversion, manner of use or place of use of water already appropriated, shall.”
Mineral Co. Vs. Lyon Co. (nrap 5), 2020 NV 58 (Nev. 2020). · cites it 2× “See NRS 533.325 (requiring that anyone who wishes to appropriate water or change its diversion apply to the State Engineer for a permit).”
Gold Stand. Ventures (us) Inc. v. Thorson, P.E., 142 Nev. Adv. Op. No. 10 (Nev. 2026). “Consider NRS 533.325, which lays out the permitting procedure for 'any person who wishes to appropriate any of the public waters.”
— Nev. Rev. Stat. § 533.325(5) — 1 case
State v. Morros, 766 P.2d 263 (Nev. 1988). “See NRS 533.325. In reviewing the district court’s *713 decision we are mindful of the statutory provision that “[t]he decision of the state engineer shall be prima facie correct, and the burden of proof shall be upon the party attacking the same.”
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