Nevada Revised Statutes 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
1. Except as otherwise provided in subsection 2, if water for which a permit is requested is to be used in a county other than that county in which it is to be appropriated, or is to be diverted from or used in a different county than that in which it is currently being diverted or used, then the State Engineer shall give notice of the receipt of the request for the permit to:
Terms Used In Nevada Revised Statutes 533.363
- county: includes Carson City. See Nevada Revised Statutes 0.033
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) The board of county commissioners of the county in which the water for which the permit is requested will be appropriated or is currently being diverted or used; and
(b) The board of county commissioners of the county in which the water will be diverted or used.
2. The provisions of subsection 1 do not apply:
(a) To an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504.
(b) If:
(1) The water is to be appropriated and used; or
(2) Both the current and requested place of diversion or use of the water are, within a single, contiguous parcel of real property.
3. A person who requests a permit to which the provisions of subsection 1 apply shall submit to each appropriate board of county commissioners a copy of the application and any information relevant to the request.
4. Each board of county commissioners which is notified of a request for a permit pursuant to this section shall consider the request at the next regular or special meeting of the board held not earlier than 3 weeks after the notice is received. The board shall provide public notice of the meeting for 3 consecutive weeks in a newspaper of general circulation in its county. The notice must state the time, place and purpose of the meeting. At the conclusion of the meeting the board may recommend a course of action to the State Engineer, but the recommendation is not binding on the State Engineer.