NRS
534.080 Appropriation of underground water for beneficial use from
artesian, definable aquifer or percolating water: Acquisition of rights under chapter 533
of NRS; orders to desist; dates of priority.
1. A legal right to appropriate
underground water for beneficial use from an artesian or definable aquifer
subsequent to March 22, 1913, or from percolating water, the course and
boundaries of which are incapable of determination, subsequent to March 25,
1939, can only be acquired by complying with the provisions of chapter 533 of NRS pertaining to the
appropriation of water.
2. The State Engineer may, upon written
notice sent by registered or certified mail, return receipt requested, advise
the owner of a well who is using water therefrom without a permit to
appropriate the water to cease using the water until the owner has complied with
the laws pertaining to the appropriation of water. If the owner fails to
initiate proceedings to secure such a permit within 30 days after the date of
the notice, the owner is guilty of a misdemeanor.
3. Except as otherwise provided in
subsection 4 and NRS 534.180, the date
of priority of all appropriations of water from an underground source mentioned
in this section is the date when application is made in proper form and filed
in the Office of the State Engineer pursuant to the provisions of chapter 533 of NRS.
4. The date of priority for the use of
underground water from a well for domestic purposes where the draught does not
exceed 2 acre-feet per year is the date of completion of the well as:
(a) Recorded by the well driller on the log the
well driller files with the State Engineer pursuant to NRS 534.170; or
(b) Demonstrated through any other documentation
or evidence specified by the State Engineer.
[9:178:1939; A 1947,
52; 1943 NCL § 7993.18]—(NRS A 1957,
718; 1967,
195; 2007,
843)
Notes of Decisions
Sullivan v. Lincoln Cnty. Water Dist., 542 P.3d 411 (Nev. 2024).
· cites it 10× “SUPREME COURT OF NEVADA 17 101 1947A The State Engineer also has authority to issue Order 1309 pursuant to a multitude of other statutory provisions Appellants point to a multitude of other statutory authority, including but not limited to NRS 534.080(1), NRS 533.370(2), NRS…”
State v. Morros, 766 P.2d 263 (Nev. 1988).
“030(2) provides: “The use of water, from any stream system as provided in this chapter and from underground water as provided in NRS 534.080, for any recreational purpose, is hereby declared to be a beneficial use.”
Wilson, P.E. Vs. Pahrump Fair Water, LLC, 2021 NV 2 (Nev. 2021).
· cites it 2× “[t]o recognize the importance of domestic wells as appurtenances to private homes, [and] to create a protectable interest in such wells"); NRS 534.080(4) (establishing that the date of priority for domestic use is the date of the domestic welPs completion); see also Mineral Cty.”
— Nev. Rev. Stat. § 534.080(1) — 1 case
Sullivan v. Lincoln Cnty. Water Dist., 542 P.3d 411 (Nev. 2024).
“SUPREME COURT OF NEVADA 17 101 1947A The State Engineer also has authority to issue Order 1309 pursuant to a multitude of other statutory provisions Appellants point to a multitude of other statutory authority, including but not limited to NRS 534.080(1), NRS 533.370(2), NRS…”
— Nev. Rev. Stat. § 534.080(4) — 1 case
Wilson, P.E. Vs. Pahrump Fair Water, LLC, 2021 NV 2 (Nev. 2021).
“[t]o recognize the importance of domestic wells as appurtenances to private homes, [and] to create a protectable interest in such wells"); NRS 534.080(4) (establishing that the date of priority for domestic use is the date of the domestic welPs completion); see also Mineral Cty.”
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