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

Nev. Rev. Stat. § 533.495 (2026)

Subsisting rights not to be impaired

✓ current as of July 2026
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NRS 533.495  Subsisting rights not to be impaired.  Whenever one or more persons shall have a subsisting right to water range livestock at a particular place and in sufficient numbers to utilize substantially all that portion of the public range readily available to livestock watering at that place, no appropriation of water from either the same or a different source shall subsequently be made by another for the purpose of watering range livestock in such numbers and in such proximity to the watering place first mentioned as to enable the proposed appropriator to deprive the owner or owners of the existing water right of the grazing use of such portion of the public range, or substantially to interfere with or impair the value of such grazing use and of such water right.

      [2:201:1925; NCL § 7980]

     

Notes of Decisions
Cited in 2 cases, 1957–1995 · leading case: Gardner v. Stager, 892 F. Supp. 1301 (D. Nev. 1995).
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Gardner v. Stager, 892 F. Supp. 1301 (D. Nev. 1995). “The argument once had some support under a 1925 Nevada stoekwatering statute, see NRS 533.495, but the Nevada Supreme Court long ago ruled that this feature of state law is preempted by the federal Taylor Grazing Act, which vested “complete administration and control of the…”
Ansolabehere v. Laborde, 310 P.2d 842 (Nev. 1957). “NRS 533.495 reads as follows: “Whenever one or more persons shall have a subsisting right to water range livestock at a particular place and in sufficient numbers to utilize substantially all that portion of the public range readily available to livestock watering at that place,…”
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