NRS 533.125
Commencement of taking of proofs

  • extension of time
  • determination of rights if claimant neglects or refuses to make proof
  • defective proof or map
  • filing corrected proof of map.

1.

The State Engineer shall commence the taking of any proofs not submitted pursuant to NRS 533.087 on the date fixed and named in the notice provided for in NRS 533.095 for the commencement of the taking of proofs. The State Engineer shall proceed therewith during the period fixed by the State Engineer and named in the notice, after which no proofs shall be received by or filed by the State Engineer. The State Engineer may, in his or her discretion, for cause shown, extend the time in which proofs may be filed.

2.

Upon neglect or refusal of any person to make proof of his or her claim or rights in or to the waters of such stream system, as required by this chapter, prior to the expiration of the period fixed by the State Engineer during which proofs may be filed, the State Engineer shall determine the right of such person from such evidence as the State Engineer may obtain or may have on file in the Office of the State Engineer in the way of maps, plats, surveys and transcripts, and exceptions to such determination may be filed in court, as provided in this chapter.

3.

If a proof of appropriation or a supporting map is found to be defective, it shall be returned with a statement explaining why the proof or map was found to be defective. The date of the return must be marked on the proof or map and a record of the return made in the Office of the State Engineer.

4.

A person may file a corrected proof of appropriation or supporting map with the Office of the State Engineer within 60 days after the date of return marked on the proof or map. A defective proof of appropriation or supporting map that is not properly corrected and refiled within 60 days must be rejected. Upon application for an extension of time within the 60-day period, the State Engineer may, in his or her discretion, grant an extension of time not to exceed 60 days in which the person may file the corrected proof of appropriation or supporting map.

Source: Section 533.125 — Commencement of taking of proofs; extension of time; determination of rights if claimant neglects or refuses to make proof; defective proof or map; filing corrected proof of map., https://www.­leg.­state.­nv.­us/NRS/NRS-533.­html#NRS533Sec125.

533.087
Requirement for claimant of vested water right to submit proof of claim. 533.090
Determination of relative rights of claimants to water of stream or stream system: Petition 533.095
Notice of entry of order and pendency of proceedings: Preparation 533.100
Investigation of flow of stream and ditches by State Engineer 533.105
Use of data compiled by United States Geological Survey or other persons. 533.110
Notice of commencement of taking of proofs as to rights 533.115
Blank forms enclosed with notice 533.120
Statements to be certified under oath 533.125
Commencement of taking of proofs 533.130
Petition to intervene may be filed by interested person not served 533.135
Fees of State Engineer 533.140
Preparation and printing of abstract of proofs of appropriation 533.145
Objections to preliminary order of determination 533.150
Hearings of objections to preliminary order of determination: Contents and service of notice 533.155
Hearing of objections: Court reporter 533.160
Entry of order of determination after hearing of objections to preliminary order 533.165
Certified copy of order of determination to be filed with county clerk of county where stream system located 533.170
Exceptions to order of determination: Filing and service 533.175
Employment of experts by court. 533.180
Court may refer case to State Engineer for further evidence. 533.185
Entry of judicial decree 533.190
Costs: Assessment by court 533.200
Appeal from decree to appellate court: Procedure 533.205
Motion for new trial: Service of notice of intention to move for new trial. 533.210
Finality of decree 533.215
Waiver of notices by claimants or appropriators. 533.220
Distribution of water 533.225
County clerk to transmit certified copy of decree to State Engineer 533.230
Division of water by State Engineer during time order of determination is pending in district court. 533.235
Operation of order of determination may be stayed by filing bond with court 533.240
All claimants to be made parties in any suit brought to determine rights 533.250
Admissibility of maps, plats, surveys and evidence on file in office of State Engineer 533.255
Submission of findings made before March 25, 1915. 533.260
Regulations of State Engineer requiring blueprints from claimants to be attached to proofs. 533.265
State Engineer to issue certificates upon final determination of relative rights 533.270
Water commissioners: Appointment 533.275
Engineer for supervision of distribution: Appointment 533.280
Annual budget for stream system or water district: Preparation 533.285
Entry on assessment roll of charges in budget 533.290
Water District Account: Creation 533.295
Limitation on use of Water District Account 533.300
State to be divided into water districts 533.305
Division of water among ditches and reservoirs 533.320
Payment of cost of administration of final decree and distribution of water
Last Updated

Feb. 5, 2021

§ 533.125’s source at nv​.us