Nev. Rev. Stat. » NRS: CHAPTER 534 - UNDERGROUND WATER AND WELLS
Nevada Revised Statutes

Nev. Rev. Stat. § 534.020 (2026)

Underground waters belong to public and are subject to appropriation for beneficial use; declaration of legislative intent

✓ current as of July 2026
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NRS 534.020  Underground waters belong to public and are subject to appropriation for beneficial use; declaration of legislative intent.

      1.  All underground waters within the boundaries of the State belong to the public, and, subject to all existing rights to the use thereof, are subject to appropriation for beneficial use only under the laws of this State relating to the appropriation and use of water and not otherwise.

      2.  It is the intention of the Legislature, by this chapter, to prevent the waste of underground waters and pollution and contamination thereof and provide for the administration of the provisions thereof by the State Engineer, who is hereby empowered to make such rules and regulations within the terms of this chapter as may be necessary for the proper execution of the provisions of this chapter.

      [1:178:1939; 1931 NCL § 7993.10]

     

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2006–2022 · leading case: Bacher v. Off. of the State Eng'r, 146 P.3d 793 (Nev. 2006).
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Bacher v. Off. of the State Eng'r, 146 P.3d 793 (Nev. 2006). “370(6) states, In determining whether an application for an interbasin transfer of groundwater must be rejected pursuant to this section, the State Engineer shall consider: (a) Whether the applicant has justified the need to import the water from another basin; (b) If the State…”
Diamond Nat. Res. Prot. & Conservation Ass'n v. Diamond Valley Ranch, LLC, 2022 NV 43 (Nev. 2022). · cites it 6× “See NRS 534.020. In sum, the doctrine of prior appropriation is more than just a "guiding principle.”
Bosta v. King (Nev. 2017). · cites it 2× “363 (1872), can be interpreted as granting a private property right to percolating groundwater, 2 the Legislature unequivocally overturned that decision when it enacted the 1939 Water Act (section 1 of which would become NRS 534.020). Consequently, as of 1939, percolating…”
Mountain Falls Acquisition Corp. v. State (Nev. 2019). “"); NRS 534.020 (to prevent waste, underground water may only be appropriated for beneficial use).”
Mountain Falls Acquisition Corp. v. State (Nev. 2019). “"); NRS 534.020 (to prevent waste, underground water may only be appropriated for beneficial use).”
— Nev. Rev. Stat. § 534.020(1) — 2 cases
Bacher v. Off. of the State Eng'r, 146 P.3d 793 (Nev. 2006). “370(6) states, In determining whether an application for an interbasin transfer of groundwater must be rejected pursuant to this section, the State Engineer shall consider: (a) Whether the applicant has justified the need to import the water from another basin; (b) If the State…”
Diamond Nat. Res. Prot. & Conservation Ass'n v. Diamond Valley Ranch, LLC, 2022 NV 43 (Nev. 2022). “See NRS 534.020. In sum, the doctrine of prior appropriation is more than just a "guiding principle.”
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