NRS 533.165
Certified copy of order of determination to be filed with county clerk of county where stream system located

  • procedure when stream system in two or more judicial districts
  • order setting time for hearing
  • service and publication of order.

1.

As soon as practicable thereafter, a certified copy of the order of determination, together with the copies of the original evidence and transcript of testimony filed with, or taken before, the State Engineer, duly certified by the State Engineer, shall be filed with the clerk of the county, as ex officio clerk of the district court, in which the stream system is situated, or, if in more than one county but all within one judicial district, then with the clerk of the county wherein reside the largest number of parties in interest.

2.

If such stream system shall be in two or more judicial districts, then the State Engineer shall notify the district judge of each of such judicial districts of his or her intent to file such order of determination, whereupon, within 10 days after receipt of such notice, such judges shall confer and agree where the court proceedings under this chapter shall be held and upon the judge who shall preside, and on notification thereof the State Engineer shall file the order of determination, evidence and transcripts with the clerk of the court so designated.

3.

If such district judges fail to notify the State Engineer of their agreement, as provided in subsection 2, within 5 days after the expiration of such 10 days, then the State Engineer may file such order of determination, evidence and transcript with the clerk of any county the State Engineer may elect, and the district judge of such county shall have jurisdiction over the proceedings in relation thereto.

4.

If the judge so selected and acting shall retire from office, or be removed from office or be disqualified, for any cause, then the judge of the district court having jurisdiction of the proceedings shall act as the judge on the matter or shall select the judge to preside in such matter.

5.

In all instances a certified copy of the order of determination shall be filed with the county clerk of each county in which such stream system, or any part thereof, is situated.

6.

Upon the filing of the certified copy of the order, evidence and transcript with the clerk of the court in which the proceedings are to be had, the State Engineer shall procure an order from the court setting the time for hearing. The clerk of such court shall immediately furnish the State Engineer with a certified copy thereof. The State Engineer immediately thereupon shall mail a copy of such certified order of the court, by registered or certified mail, addressed to each party in interest at the party’s last known place of residence, and shall cause the same to be published at least once a week for 4 consecutive weeks in some newspaper of general circulation that is available in general circulation in each county in which such stream system or any part thereof is located. The State Engineer shall file with the clerk of the court proof of such service by registered or certified mail and by publication. Such service by registered or certified mail and by publication shall be deemed full and sufficient notice to all parties in interest of the date and purpose of such hearing.

Source: Section 533.165 — Certified copy of order of determination to be filed with county clerk of county where stream system located; procedure when stream system in two or more judicial districts; order setting time for hearing; service and publication of order., https://www.­leg.­state.­nv.­us/NRS/NRS-533.­html#NRS533Sec165.

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

Jun. 24, 2021

§ 533.165’s source at nv​.us