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.

Water Rights Process

Individuals or organizations seeking water rights must file an application with the Nevada Office of the State Engineer.

The application must include a map prepared by a water rights surveyor that shows the point of diversion and place of use of the water. By law, an application must be for the water from one source to be used for one purpose. Multiple sources or uses cannot be included in the application.

Once the application and map are properly completed, a notice must be sent to a newspaper in the area where the application was filed. This notice is published for approximately 30 days.

Interested parties may file a formal protest up until 30 days after the last day of publication. The protesting party must explain its objections to the application and include a request for denial or other appropriate action by the State Engineer.

After the protest period, the application is ready for action by the State Engineer, who considers a variety of issues before granting water rights

• Is there unappropriated water at the source?
• Does the proposed application conflict with existing rights?
• Will the water use prove detrimental to the public interest?
• Will the water use adversely impact domestic wells?

The State Engineer also considers the impacts within irrigation districts, the good faith intent of the applicant to construct the works of diversion and put the water to beneficial use, and the applicant's financial ability and reasonable expectation to construct the works of diversion and put the water to beneficial use.

State Engineer approves or denies applications

Prior to any decision, the State Engineer may request additional information and hold a hearing.

If an application is denied, the State Engineer notifies the applicant of denial, retains the denied application for the record and will not pursue any further action. The denial may be appealed in the appropriate court of jurisdiction within 30 days after the denial.

When water rights are approved, the specific terms and limitations for the use of the water are included. A fee may be required.

Once granted, water rights in Nevada have the standing of both real and personal property. When water rights are purchased or sold as personal property or treated as a separate appurtenance in a real-estate transaction, the water rights are conveyed specifically by a deed of conveyance. It is possible to buy or sell water rights and change the water's point of diversion, manner of use and place of use by filing the appropriate application with the State Engineer.