Nevada Revised Statutes

Nev. Rev. Stat. § 533.345 (2026)

Application for permit to change place of diversion, manner of use or place of use: Contents; approval of temporary change; notice of and protest to temporary change; period of temporary change

✓ current as of July 2026

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NRS 533.345 Application for permit to change place of diversion, manner of use or place of use: Contents; approval of temporary change; notice of and protest to temporary change; period of temporary change.

1. Every application for a permit to change the place of diversion, manner of use or place of use of water already appropriated must contain such information as may be necessary to a full understanding of the proposed change, as may be required by the State Engineer.

2. If an applicant is seeking a temporary change of place of diversion, manner of use or place of use of water already appropriated, the State Engineer shall approve the application if:

(a) The application is accompanied by the prescribed fees;

(b) The temporary change is in the public interest; and

3. The State Engineer shall give notice of the application as provided in NRS 533.360 if:

(a) The State Engineer determines that the temporary change may not be in the public interest, or may impair the water rights held by other persons; or

(b) The temporary change is for a period of more than 1 year pursuant to subsection 5.

4. If the State Engineer gives notice of the application in accordance with subsection 3, any person interested may file a written protest to the application and the State Engineer may hold a hearing before rendering a decision in accordance with the provisions of NRS 533.365.

5. Except as otherwise provided in this subsection, a temporary change may be granted for any period not to exceed 1 year. The State Engineer may grant a temporary change for a period of more than 1 year, but not to exceed 3 years, if the temporary change is for a renewable energy generation project.

6. As used in this section, “renewable energy generation project” has the meaning ascribed to it in NRS 701.080.

[Part 59:140:1913; A 1919, 71; 1951, 132]—(NRS A 1989, 318; 2021, 125; 2023, 641)

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1994–2022 · leading case: United States v. Orr Water Ditch Co., 309 F. Supp. 2d 1245 (D. Nev. 2004).

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United States v. Orr Water Ditch Co., 309 F. Supp. 2d 1245 (D. Nev. 2004). · cites it 2× “Nev.Rev.Stat. § 533.345(2); Orr Ditch Decree.”

Margrave v. Dermody Props., Inc., 878 P.2d 291 (Nev. 1994). “Additionally, NRS 533.345(1) requires that the application contain “such information as may be necessary to a full understanding of the proposed change.”

Andersen Fam. Assocs. v. Hugh Ricci, 179 P.3d 1201 (Nev. 2008). “” See also NRS 533.345 (setting forth application for modification requirements).”

United States v. Alpine Land & Reservoir Co., 919 F. Supp. 1470 (D. Nev. 1996). “§ 533.345(1) (requirement that every application for changes in place of diversion, *1473 changes in manner of use, and changes in place of use contain certain information).”

Diamond Nat. Res. Prot. & Conservation Ass'n v. Diamond Valley Ranch, LLC, 2022 NV 43 (Nev. 2022). · cites it 4× “325 and NRS 533.345, by allowing appropriators to change the point or manner of diversion without filing an application with the State Engineer.”

— Nev. Rev. Stat. § 533.345(1) — 2 cases

— Nev. Rev. Stat. § 533.345(2) — 1 case

United States v. Orr Water Ditch Co., 309 F. Supp. 2d 1245 (D. Nev. 2004). “Nev.Rev.Stat. § 533.345(2); Orr Ditch Decree.”

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