Nevada Revised Statutes

Nev. Rev. Stat. § 533.367 (2026)

Requirement to ensure access of wildlife to water it customarily uses; waiver

✓ current as of July 2026

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NRS 533.367 Requirement to ensure access of wildlife to water it customarily uses; waiver. Before a person may obtain a right to the use of water from a spring or water which has seeped to the surface of the ground, the person must ensure that wildlife which customarily uses the water will have access to it. The State Engineer may waive this requirement for a domestic use of water.

(Added to NRS by 1981, 1840)

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1988–2024 · leading case: Sullivan v. Lincoln Cnty. Water Dist., 542 P.3d 411 (Nev. 2024).

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Sullivan v. Lincoln Cnty. Water Dist., 542 P.3d 411 (Nev. 2024). · cites it 8× “Appellants assert that delineation of the LWRFS boundary was necessary to protect the State of Nevada from liability under the federal Endangered Species Act (ESA) for failing to protect the endangered Moapa Dace from groundwater pumping, citing NRS 533.367 and NRS 533.370(2).…”

State v. Morros, 766 P.2d 263 (Nev. 1988). “6 NRS 533.367 provides in relevant part that “[b]efore a person may obtain a right to the use of water from a spring or water which has seeped to the surface of the ground, he must ensure that wildlife which customarily uses the water will have access to it.”

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