Nevada Revised Statutes
Nev. Rev. Stat. § 533.410 (2026)
Cancellation of permit for failure to file proof of application of water to beneficial use and accompanying map; notice to holder of permit; extensions of time
✓ current as of July 2026
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NRS 533.410 Cancellation of permit for failure to file proof of application
of water to beneficial use and accompanying map; notice to holder of permit;
extensions of time. If any holder
of a permit from the State Engineer fails, before the date set for filing in
the permit or the date set by any extension granted by the State Engineer, to
file with the State Engineer proof of application of water to beneficial use,
and the accompanying map, if a map is required, the State Engineer shall advise
the holder of the permit, by registered or certified mail, that the permit is
held for cancellation. If the holder, within 30 days after the mailing of this
notice, fails to file with the State Engineer the required affidavit and map,
if a map is required, or an application for an extension of time to file the
instruments, the State Engineer shall cancel the permit. For good cause shown,
upon application made before the expiration of the 30-day period, the State
Engineer may grant an extension of time in which to file the instruments.
[Part 69:140:1913; A 1951, 132]—(NRS A 1967, 194; 1981, 114, 1838)
Notes of Decisions
Cited in 7
cases, 1972–2019 · leading case: Engelmann v. Westergard, 647 P.2d 385 (Nev. 1982).
Engelmann v. Westergard, 647 P.2d 385 (Nev. 1982). “On September 26, 1972, permits 22756 and 22758 were can-celled by the State Engineer pursuant to NRS 533.410, for failure to comply with the terms of the permit.”
State Eng'r v. Am. Nat'l Ins. Co., 498 P.2d 1329 (Nev. 1972). “The findings of the district court are not challenged by the State Engineer, nor does he suggest that the equities do not he with the permittee.”
Las Vegas Valley Water Dist. v. Curtis Park Manor Water Users Ass'n, 646 P.2d 549 (Nev. 1982). “In both Bailey and American National, the State Engineer, pursuant to the mandatory language in NRS 533.410, cancelled permits to appropriate water because the permittees had failed to file the requisite proof of applying the water to beneficial use.”
Bailey v. State, 594 P.2d 734 (Nev. 1979). “The trial court found that: On September 22, 1970, a Notice was mailed by Certified Mail to Appellant [Bailey] at her correct address, pursuant to NRS 533.410. The envelope containing the Notice was received in the Sparks, Nevadaf,] Post Office and Appellant was sent two notices…”
State Eng'r Vs. Happy Creek, Inc., 2019 NV 41 (Nev. 2019). “380(3); NRS 533.410. On May 19, 2016, the State Engineer mailed Happy Creek notice that it needed to file the PBUs (or EOTs) within 30 days to avoid cancellation.”
Benson Vs. State Eng'r, 2015 NV 78 (Nev. 2015). “SUPREME COURT OF NEVADA 6 (0) 1947A Aes• Statutory procedures applicable to the cancellation of water permits NRS 533.410 requires the Division of Water Resources, through the State Engineer, to cancel a landowner's water permit when the landowner fails to comply with its terms.”
Benson Vs. State Eng'r, 2015 NV 78 (Nev. 2015). “SUPREME COURT OF NEVADA 6 (0) 1947A Aes• Statutory procedures applicable to the cancellation of water permits NRS 533.410 requires the Division of Water Resources, through the State Engineer, to cancel a landowner's water permit when the landowner fails to comply with its terms.”
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