NRS 533.395
State Engineer may require proof of good faith and reasonable diligence

  • cancellation of permit
  • review of cancellation
  • considerations when reviewing extension of time.

1.

If, at any time in the judgment of the State Engineer, the holder of any permit to appropriate the public water is not proceeding in good faith and with reasonable diligence to perfect the appropriation, the State Engineer shall require the submission of such proof and evidence as may be necessary to show a compliance with the law. If, in the judgment of the State Engineer, the holder of a permit is not proceeding in good faith and with reasonable diligence to perfect the appropriation, the State Engineer shall cancel the permit, and advise the holder of its cancellation. The failure to provide the proof and evidence required pursuant to this subsection is prima facie evidence that the holder is not proceeding in good faith and with reasonable diligence to perfect the appropriation.

2.

If any permit is cancelled under the provisions of this section or NRS 533.390 or 533.410, the holder of the permit may within 60 days of the cancellation of the permit file a written petition with the State Engineer requesting a review of the cancellation by the State Engineer at a public hearing. The State Engineer may, after receiving and considering evidence, affirm, modify or rescind the cancellation.

3.

If the decision of the State Engineer modifies or rescinds the cancellation of a permit, the effective date of the appropriation under the permit is vacated and replaced by the date of the filing of the written petition with the State Engineer.

4.

The cancellation of a permit may not be reviewed or be the subject of any judicial proceedings unless a written petition for review has been filed and the cancellation has been affirmed, modified or rescinded pursuant to subsection 2.

5.

For the purposes of this section, the measure of reasonable diligence is the steady application of effort to perfect the appropriation in a reasonably expedient and efficient manner under all the facts and circumstances. When a project or integrated system is comprised of several features, work on one feature of the project or system may be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.

6.

The appropriation of water or the acquisition or lease of appropriated water from any:

(a)

Stream system as provided for in this chapter; or

(b)

Underground water as provided for in NRS 534.080,
Ê by a political subdivision of this State or a public utility, as defined in NRS 704.020, to serve the present or the reasonably anticipated future municipal, industrial or domestic needs of its customers for water, as determined in accordance with a master plan adopted pursuant to chapter 278 of NRS or a plan approved by the State Engineer, must be considered when reviewing an extension of time.

Source: Section 533.395 — State Engineer may require proof of good faith and reasonable diligence; cancellation of permit; review of cancellation; considerations when reviewing extension of time., https://www.­leg.­state.­nv.­us/NRS/NRS-533.­html#NRS533Sec395.

533.324
“Water already appropriated” defined. 533.325
Application to State Engineer for permit. 533.330
Application limited to water of one source for one purpose 533.335
Application for permit to appropriate water: Contents. 533.340
Additional requirements for contents of applications to appropriate water for certain specific uses. 533.345
Application for permit to change place of diversion, manner of use or place of use: Contents 533.350
Applications to be accompanied by maps, drawings and other data. 533.353
Application to appropriate water for beneficial use: Participation of county in development and implementation of monitoring, management and mitigation plan. 533.355
Receipt of application 533.357
Priority among applications to appropriate underground water for irrigation purposes from same basin. 533.360
Notice of application: Contents 533.363
State Engineer to notify county commissioners of application to use water in county other than that in which it is appropriated or currently diverted or used. 533.364
Certain interbasin transfers of groundwater 533.365
Procedure concerning verified protest filed by interested person against granting of application. 533.367
Requirement to ensure access of wildlife to water it customarily uses 533.368
Hydrological, environmental or other study: State Engineer to determine need for study 533.369
Special Account for Studies Concerning Water: Deposits 533.370
Approval or rejection of application by State Engineer: Conditions 533.371
Rejection of application for permit for specified period. 533.372
Approval or rejection of application to use water to generate energy for export. 533.375
State Engineer may require additional information before approval or rejection of application. 533.380
Time for completion of work and application of water to beneficial use 533.382
Form, acknowledgment and recording of conveyance. 533.383
Effect of recording or failing to record deed of conveyance. 533.384
Filings required by person to whom conveyance is made. 533.386
Duties of State Engineer concerning conveyances 533.387
Inapplicability of certain provisions to conveyance of shares of stock in ditch company. 533.390
Statement of work actually constructed 533.395
State Engineer may require proof of good faith and reasonable diligence 533.400
Verified statement to be filed with State Engineer by holder of permit within time set in endorsement on permit: Contents of statement 533.405
State Engineer may require map 533.410
Cancellation of permit for failure to file proof of application of water to beneficial use and accompanying map 533.415
State Engineer may refuse to file maps not conforming to statutory provisions or regulations. 533.420
Surveyor or engineer may be barred from practice before State Engineer for swearing falsely. 533.425
Issuance and contents of certificate of appropriation 533.430
Permits and certificates of appropriation subject to existing rights. 533.435
Fees of State Engineer 533.3703
Consideration of consumptive use of water right and proposed beneficial use of water. 533.3705
Limitation on initial quantity of water approved for application
Last Updated

Feb. 5, 2021

§ 533.395’s source at nv​.us