Nevada Revised Statutes

Nev. Rev. Stat. § 534.100 (2026)

Recognition of existing water rights; classification of water in definable aquifer or percolating water by State Engineer; adjudication of vested underground water rights

✓ current as of July 2026

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NRS 534.100 Recognition of existing water rights; classification of water in definable aquifer or percolating water by State Engineer; adjudication of vested underground water rights.

1. Existing water rights to the use of underground water are hereby recognized. For the purpose of this chapter a vested right is a water right on underground water acquired from an artesian or definable aquifer prior to March 22, 1913, and an underground water right on percolating water, the course and boundaries of which are incapable of determination, acquired prior to March 25, 1939. The distinction as to whether water is in a definable aquifer or whether it is percolating water, the course and boundaries of which are incapable of determination, is a matter to be determined by the State Engineer.

2. Any claimant of a vested underground water right may petition the State Engineer to adjudicate such rights. If upon investigation the State Engineer finds the facts and conditions justify it, the State Engineer shall enter an order granting the petition and shall make proper arrangements to proceed with such determination. In the order the State Engineer shall designate the area within which such determination is to be made, but the size of such designated area may include other claimed underground vested water rights. Such designated area shall not extend into other drainage basins. Following the designation of such area the State Engineer shall proceed with adjudicating such rights as provided for in chapter 533 of NRS.

[9a:178:1939; added 1947, 52; 1943 NCL § 7993.18b]—(NRS A 1957, 718)

Notes of Decisions

Cited in 2 cases, 2018–2018 · leading case: King, P.E. Vs. St. Clair, 2018 NV 18 (Nev. 2018).

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King, P.E. Vs. St. Clair, 2018 NV 18 (Nev. 2018). · cites it 4× “Clair's application, the State Engineer found sufficient evidence that Crossley had appropriated underground water and put it to beneficial use prior to March 25, 1939, thus vesting a pre-statutory right to appropriate underground water pursuant to NRS 534.100. 1 However, the…”

King, P.E. Vs. St. Clair, 2018 NV 18 (Nev. 2018). · cites it 2× “Clair's application, the State Engineer found sufficient evidence that Crossley had appropriated underground water and put it to beneficial use prior to March 25, 1939, thus vesting a pre-statutory right to appropriate underground water pursuant to NRS 534.100. 1 However, the…”

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