Nevada Water Rights and Water Law

Nevada water law was created more than 100 years ago to manage the state's water resources in an equitable manner. The Office of the State Engineer is responsible for administering water law and managing Nevada's water resources.

Nevada water law is based upon two fundamental concepts: prior appropriation and beneficial use.

Prior Appropriation

Prior appropriation grants priority to water permits chronologically, ensuring that new water rights are granted only after protections to existing water rights holders are assured.

Beneficial Use

Beneficial use requires that water be put to a use that benefits the people of Nevada, preventing water from being reserved for speculative purposes. Agriculture, municipal, commercial/industrial, recreation and mining all qualify as beneficial uses of the state's water resources.

State Engineer

The 1939 Nevada Underground Water Act granted jurisdiction over the state's groundwater to the Nevada State Engineer. This legislation provides that groundwater within Nevada's boundaries belongs to the state's residents, and it is considered among the most comprehensive water laws in the West.

The Nevada State Engineer assesses water right applications based upon four primary criteria:

• Is there unappropriated water at the source?
• Will the application impair existing rights?
• Is the application in the public interest?
• Does the application adversely impact domestic wells?

Water Rights Hearing

The Nevada State Engineer issued an interim order scheduling hearings for water rights applications associated with the project located in Spring Valley. The hearing occurred on Sept. 11, 2006.

Water Rights Decision

On April 16, 2007, the Nevada State Engineer approved a major portion of the groundwater rights applications the SNWA submitted for the Spring Valley in White Pine County, enabling the SNWA to develop 60,000 acre-feet of groundwater annually from the basin.

Under terms of the decision, the SNWA can pump 40,000 acre-feet annually from the basin for 10 years. At that point, the SNWA will be allowed an additional 20,000 acre-feet annually from the basin based on the results of monitoring and impact analysis.

The first water deliveries from Spring Valley to Southern Nevada aren't expected until 2014 at the earliest.

On July 9, 2008, the Nevada State Engineer released a ruling granting the SNWA 18,755 acre-feet of groundwater annually from Delamar, Dry Lake and Cave valleys.

The applications were granted subject to the development of a monitoring and mitigation plan to be approved by the State Engineer, additional data collection and regular assessment of groundwater pumping.