Nevada Revised Statutes

Nev. Rev. Stat. § 534.120 (2026)

State Engineer authorized to make rules, regulations and orders when groundwater is being depleted in designated area; preferred uses of water; revocable permits to appropriate water; revocation of revocable permits; restrictions placed on appropriations of groundwater and certain domestic wells in area in which revocable permit issued

✓ current as of July 2026
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NRS 534.120  State Engineer authorized to make rules, regulations and orders when groundwater is being depleted in designated area; preferred uses of water; revocable permits to appropriate water; revocation of revocable permits; restrictions placed on appropriations of groundwater and certain domestic wells in area in which revocable permit issued.

      1.  Within an area that has been designated by the State Engineer, as provided for in this chapter, where, in the judgment of the State Engineer, the groundwater basin is being depleted, the State Engineer in his or her administrative capacity may make such rules, regulations and orders as are deemed essential for the welfare of the area involved.

      2.  In the interest of public welfare, the State Engineer is authorized and directed to designate preferred uses of water within the respective areas so designated by the State Engineer and from which the groundwater is being depleted, and in acting on applications to appropriate groundwater, the State Engineer may designate such preferred uses in different categories with respect to the particular areas involved within the following limits:

      (a) Domestic, municipal, quasi-municipal, industrial, irrigation, mining and stock-watering uses; and

      (b) Any uses for which a county, city, town, public water district or public water company furnishes the water.

      3.  The State Engineer may only issue revocable permits to appropriate groundwater if water cannot be furnished by a public entity such as a water district or municipality presently engaged in furnishing water to the inhabitants thereof. Such revocable permits can be limited as to time and may be revoked if and when:

      (a) Water can be furnished by a public entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof; and

      (b) The property served is within 1,250 feet of the water furnished pursuant to paragraph (a).

Ê The holder of a revocable permit that is revoked pursuant to this subsection must be given 730 days from the date of revocation to connect to the public entity furnishing water.

      4.  In a basin designated pursuant to NRS 534.030, the State Engineer may:

      (a) Deny applications to appropriate groundwater for any use in areas served by a public entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants of the area.

      (b) Limit the depth of domestic wells.

      (c) Prohibit the drilling of wells for domestic use in areas where water can be furnished by a public entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof.

      (d) In connection with the approval of a parcel map in which any parcel is proposed to be served by a domestic well, require the dedication to a city or county or a designee of a city or county, or require a relinquishment to the State Engineer, of any right to appropriate water required by the State Engineer to ensure a sufficient supply of water for each of those parcels, unless the dedication of the right to appropriate water is required by a local ordinance.

      5.  In an area in which revocable permits have been issued pursuant to subsection 3, the State Engineer:

      (a) Shall:

             (1) Deny any applications to appropriate groundwater for use in areas served by a public entity such as a water district or a municipality presently engaged in furnishing water;

             (2) Limit the depth of a domestic well; or

             (3) Prohibit the drilling of wells for domestic use if a property is within 1,250 feet of a service line of a public entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants; and

      (b) May prohibit repairs from being made to a domestic well, and may require the person proposing to deepen or repair the domestic well to obtain water from a public entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area, only if:

             (1) The distance from the property line of any parcel served by the well to the pipes and other appurtenances of the proposed source of water to which the property will be connected is not more than 180 feet; and

             (2) The deepening or repair of the well would require the use of a well-drilling rig.

      6.  For good and sufficient reasons, the State Engineer may exempt the provisions of this section with respect to public housing authorities.

      7.  The provisions of this section do not prohibit the State Engineer from revoking a revocable permit issued pursuant to this section if any parcel served by a well pursuant to the revocable permit is currently obtaining water from a public entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the area.

      [10.5:178:1939; added 1955, 328]—(NRS A 1989, 1401; 1999, 3542; 2001, 555; 2003, 622, 624; 2007, 845; 2023, 1279; 2025, 1400)

     

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1982–2024 · leading case: Sullivan v. Lincoln Cnty. Water Dist., 542 P.3d 411 (Nev. 2024).
Sullivan v. Lincoln Cnty. Water Dist., 542 P.3d 411 (Nev. 2024). · cites it 10× “110(3), and NRS 534.120, that give the State Engineer the power to conjunctively manage and jointly administer the subject basins.”
Las Vegas Valley Water Dist. v. Curtis Park Manor Water Users Ass'n, 646 P.2d 549 (Nev. 1982). · cites it 4× “” These permits were issued pursuant to NRS 534.120, which allows the State Engineer to grant temporary permits to appropriate ground water, subject to revocation “when water can be furnished by an entity such as a water district.”
Wilson, P.E. Vs. Pahrump Fair Water, LLC, 2021 NV 2 (Nev. 2021). · cites it 4× “0 afa requirement—the section expressly permits the State Engineer to restrict the drilling of "additional wells" under 3The State Engineer also claimed authority under NRS 534.120(1) (stating that in a designated basin that is "being depleted, the State Engineer in his or her…”
Off. of the State Eng'r v. Curtis Park Manor Water Users Ass'n, 692 P.2d 495 (Nev. 1985). · cites it 2× “Rather, it found the State Engineer abused his discretion by not holding a hearing prior to the revocation order, even though none was required under the governing water law provisions, NRS 534.120. The lower court did not address whether there was substantial evidence to…”
Mineral Co. Vs. Lyon Co. (nrap 5), 2020 NV 58 (Nev. 2020). · cites it 4× “NRS 534.120. In these ways, Nevada's water statutes protect against wasteful use and incorporate mechanisms for limiting water rights when water resources are depleted.”
State Eng'r Vs. Happy Creek, Inc., 2019 NV 41 (Nev. 2019). · cites it 2× “2d 549, 550-51 (1982) (holding that, since NRS 534.120 grants• the State Engineer complete discretion to grant and, subsequently, revoke temporary permits, equitable relief is not 11 available and judicial review is for an abuse of discretion).”
— Nev. Rev. Stat. § 534.120(1) — 2 cases
Sullivan v. Lincoln Cnty. Water Dist., 542 P.3d 411 (Nev. 2024). “110(3), and NRS 534.120, that give the State Engineer the power to conjunctively manage and jointly administer the subject basins.”
Wilson, P.E. Vs. Pahrump Fair Water, LLC, 2021 NV 2 (Nev. 2021). “0 afa requirement—the section expressly permits the State Engineer to restrict the drilling of "additional wells" under 3The State Engineer also claimed authority under NRS 534.120(1) (stating that in a designated basin that is "being depleted, the State Engineer in his or her…”
— Nev. Rev. Stat. § 534.120(3) — 1 case
Wilson, P.E. Vs. Pahrump Fair Water, LLC, 2021 NV 2 (Nev. 2021). “0 afa requirement—the section expressly permits the State Engineer to restrict the drilling of "additional wells" under 3The State Engineer also claimed authority under NRS 534.120(1) (stating that in a designated basin that is "being depleted, the State Engineer in his or her…”
— Nev. Rev. Stat. § 534.120(3)(a) — 1 case
Las Vegas Valley Water Dist. v. Curtis Park Manor Water Users Ass'n, 646 P.2d 549 (Nev. 1982). “” These permits were issued pursuant to NRS 534.120, which allows the State Engineer to grant temporary permits to appropriate ground water, subject to revocation “when water can be furnished by an entity such as a water district.”
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