Revises provisions relating to water. (BDR 48-887)

A.B. 265

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ASSEMBLY BILL NO. 265–ASSEMBLYMEMBERS
GURR, DELONG; AND KASAMA

FEBRUARY 20, 2025
____________

Referred to Committee on Natural Resources

SUMMARY—Revises provisions relating to water. (BDR 48-887)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to water; requiring the Division of Water
Resources of the State Department of Conservation and
Water Resources to notify an applicant if a committee is
assigned to review certain applications for a permit ;
providing certain deadlines for the State Engineer t o
approve or deny certain applications and extensions ,
review reports of conveyance and issue certain permits;
requiring the State Engineer to provide certain notices
relating to the cancellation of a permit; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, the State Engineer is charged with managing the 1
appropriation of water in this State. (Title 48 of NRS) Section 1 of this bill requires 2
the Division of Water Resources of the State Department of Conservation and 3
Natural Resources to notify an applicant for a permit to appropriate water or change 4
the place of diversion, manner of use or place of use if the State Engin eer assigns a 5
committee within the Division to review the application to appropriate water. 6
Section 1 further requires the committee to complete its review o f an application 7
within certain periods of time after the final date for filing a protest. 8
Existing law authorizes the State Engineer, upon application, to grant an 9
extension time for an applicant for a permit to appropriate water to: (1) file certain 10
instruments required to be filed with an application to appropriate water; (2) 11
complete construction of the works of diversion or apply water to a beneficial use; 12
(3) file proof of the completion of the works of diversion; and (4) file proof of 13
application of water to beneficial use. (NRS 533.355, 533.380, 533.390, 533.410) 14
Sections 2, 4, 6 and 8 of this bill require the State Engineer to approve or deny 15
such an extension not later than 30 days after the date the application for an 16
extension is received by the State Engineer. 17

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Existing law requires, with certain exceptions, the State Engineer to approve or 18
reject each ap plication to appropriate water within 2 years after the final date for 19
filing a protest. (NRS 533.370) Section 3 of this bill requires the State Engineer to 20
approve or reject an application to appropriate water that results in a 21
nonconsumptive use not later than 30 days after the final date for filing a protest if 22
no protests were filed during the period for filing a protest. 23
Section 9 of this bill requires the State Engineer to issue a permit not later than 24
14 days after receiving the applicable fees for the issuance and recording of the 25
permit. 26
Existing la w requires a person who is conveyed an application or permit to 27
appropriate water, a certificate of appropriation, an adjudicated or unadjudicated 28
water right or an application or permit to change the place of diversion, manner of 29
use or place of use of wa ter to file a report of conveyance with the State Engineer. 30
(NRS 533.384) Existing law also requires the State Engineer to review the report of 31
conveyance and make certain determinations to confirm or reject the report of 32
conveyance. (NRS 533.386) Section 5 of this bill requires that the review of a 33
report of conveyance be completed not later than 14 days after the report of 34
conveyance is filed with the State Engineer. 35
Existing law requires: (1) a person who holds a permit to appropriate water or 36
change the place of diversion or manner of use to file proof of completion of the 37
work and proof of application of water to beneficial use, which consists of a 38
statement describing the works actually constructed, a statement that includes 39
certain information relating to the application of water to beneficial use and an 40
accompanying map under certain circumstances by the date set for completion of 41
the work and the da te set for application of water to beneficial use, respectively; 42
and (2) the State Engineer to hold the permit for cancellation if these proofs are not 43
filed by these dates. (NRS 533.390, 533.400, 533.405, 533.410) Sections 6 and 7 44
of this bill require the State Engineer to notify the holder of a permit not lat er than 45
30 days before the date set for the completion of such work and the date set for the 46
application of water to beneficial use that the permit will be held for cancellation if 47
the proof of completion of the work or proof of application of water to ben eficial 48
use is not filed by such date. 49

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 533 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. If the State Engineer assigns a committee within the 3
Division of Water Resources of the State Department of 4
Conservation and Natural Resources to review an application for 5
a permit to appropriate water or to change the place of diversion, 6
manner of use or place of use , the Division shall notify the 7
applicant of the assignment and the date on which the application 8
will be reviewed by the committee. 9
2. The review of an application pursuant to subsection 1 must 10
be completed not later than: 11
(a) Thirty days after the final date for filing a protest pursuant 12
to NRS 533.365 , if no protests were filed during the period for 13
filing a protest; or 14

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(b) Sixty days after the final date for filing a protest pursuant 1
to NRS 533.365, if a protest was filed during the period for filing a 2
protest. 3
Sec. 2. NRS 533.355 is hereby amended to read as follows: 4
533.355 1. Upon receipt of an application, the State Engineer 5
shall make an endorsement thereon of the date of its receipt and 6
shall keep a record of the date. The State Engineer shall provide the 7
application forms at no cost to the applicants. 8
2. Except as provided in subsection 3, if upon examination, the 9
application is found to be defective, it must be returned for 10
correction or completion with advice of the reasons therefor, and the 11
date of the return must be endorsed upon the application and a 12
record made of it in the Office of the State Engineer. An application 13
does not lose its priority of filing on account of defects if the 14
application, properly corrected and accompanied by such maps and 15
drawings as may be required, is filed in the Offi ce of the State 16
Engineer within 60 days after the date of the return to applicant. 17
Any application returned for correction or completion, not refiled in 18
proper form within the 60 days, must be cancelled. For good cause 19
shown, upon application made prior to the expiration of the 60 -day 20
period, the State Engineer may, in his or her discretion, grant an 21
extension of time not to exceed 60 days in which to file the 22
instruments. The State Engineer shall approve or deny an 23
application for an extension of time not later than 30 days after 24
the date the application is received by the State Engineer. 25
3. If it appears to the State Engineer that an application, which 26
contains information of sufficient accuracy to determine the manner 27
of use and the location from which the water is to be diverted, must 28
be rejected, the State Engineer may reject it without returning it for 29
correction. 30
4. All applications which comply with the provisions of this 31
chapter must be recorded in a suitable book kept for that purpose. 32
Sec. 3. NRS 533.370 is hereby amended to read as follows: 33
533.370 1. Except as otherwise provided in this section and 34
NRS 533.0241, 533.345, 533.371, 533.372 and 533.503, the State 35
Engineer shall approve an application submitted in proper form 36
which contemplates the application of water to beneficial use if: 37
(a) The application is accompanied by the prescribed fees; 38
(b) The proposed use or change, if within an irrigation district, 39
does not adversely affect the cost of water for other holders of water 40
rights in the district or lessen the efficiency of the district in its 41
delivery or use of water; and 42
(c) The applicant provides proof satisfactory to the State 43
Engineer of the applicant’s: 44

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(1) Intention in good faith to construct any work necessary to 1
apply the water to the intended beneficial use with reasonable 2
diligence; and 3
(2) Financial ability and reasonable expectation actually to 4
construct the work and apply the water to the intended beneficial use 5
with reasonable diligence. 6
2. Except as otherwise provided in subsection [10,] 11, where 7
there is no unappropriated water in the proposed source of supply, 8
where the groundwater that has not been committed for use has been 9
reserved pursuant to NRS 533.0241 or where its propose d use or 10
change conflicts with existing rights or with protectable interests in 11
existing domestic wells as set forth in NRS 533.024, or threatens to 12
prove detrimental to the public interest, the State Engineer shall 13
reject the application and refuse to iss ue the requested permit. If a 14
previous application for a similar use of water within the same basin 15
has been rejected on those grounds, the new application may be 16
denied without publication. 17
3. In addition to the criteria set forth in subsections 1 and 2 , in 18
determining whether an application for an interbasin transfer of 19
groundwater must be rejected pursuant to this section, the State 20
Engineer shall consider: 21
(a) Whether the applicant has justified the need to import the 22
water from another basin; 23
(b) If the State Engineer determines that a plan for conservation 24
of water is advisable for the basin into which the water is to be 25
imported, whether the applicant has demonstrated that such a plan 26
has been adopted and is being effectively carried out; 27
(c) Whether the proposed action is environmentally sound as it 28
relates to the basin from which the water is exported; 29
(d) Whether the proposed action is an appropriate long -term use 30
which will not unduly limit the future growth and development in 31
the basin from which the water is exported; and 32
(e) Any other factor the State Engineer determines to be 33
relevant. 34
4. Except as otherwise provided in this subsection and 35
subsections 6 , 7 and [10] 11 and NRS 533.365, the State Engineer 36
shall approve or reject each application within 2 years after the final 37
date for filing a protest. The State Engineer may postpone action: 38
(a) Upon written authorization to do so by the applicant. 39
(b) If an application is protested. 40
(c) If the purpose for which the application was m ade is 41
municipal use. 42
(d) In areas where studies of water supplies have been 43
determined to be necessary by the State Engineer pursuant to 44
NRS 533.368. 45

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(e) Where court actions or adjudications are pending, which may 1
affect the outcome of the application. 2
(f) In areas in which adjudication of vested water rights is 3
deemed necessary by the State Engineer. 4
(g) On an application for a permit to change a vested water right 5
in a basin where vested water rights have not been adjudicated. 6
(h) Where authorized entry to any land needed to use the water 7
for which the application is submitted is required from a 8
governmental agency. 9
(i) On an application for which the State Engineer has required 10
additional information pursuant to NRS 533.375. 11
5. If the State Engineer does not act upon an application in 12
accordance with subsections 4 and 6, the application remains active 13
until approved or rejected by the State Engineer. 14
6. Except as otherwise provided in this subsection and 15
subsection [10,] 11, the State Engin eer shall approve or reject, 16
within 6 months after the final date for filing a protest, an 17
application filed to change the point of diversion of water already 18
appropriated when the existing and proposed points of diversion are 19
on the same property for whic h the water has already been 20
appropriated under the existing water right or the proposed point of 21
diversion is on real property that is proven to be owned by the 22
applicant and is contiguous to the place of use of the existing water 23
right. The State Enginee r may postpone action on the application 24
pursuant to subsection 4. 25
7. Not later than 30 days after the final date for filing a 26
protest pursuant to NRS 533.365, if no protests were filed during 27
the period for filing a protest, the State Engineer shall app rove or 28
reject an application to appropriate water that results in a 29
nonconsumptive use. 30
8. If the State Engineer has not approved, rejected or held a 31
hearing on an application within 7 years after the final date for filing 32
a protest, the State Engineer shall cause notice of the application to 33
be republished and reposted pursuant to NRS 533.360 immediately 34
preceding the time at which the State Engineer is ready to approve 35
or reject the application. The cost of the republication must be paid 36
by the applica nt. After such republication and reposting, a protest 37
may be filed in accordance with NRS 533.365. 38
[8.] 9. If a hearing is held regarding an application, the 39
decision of the State Engineer must be in writing and include 40
findings of fact, conclusions of l aw and a statement of the 41
underlying facts supporting the findings of fact. The written 42
decision may take the form of a transcription of an oral ruling. The 43
rejection or approval of an application must be endorsed on a copy 44
of the original application, and a record must be made of the 45

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endorsement in the records of the State Engineer. The copy of the 1
application so endorsed must be returned to the applicant. Except as 2
otherwise provided in subsection [11,] 12, if the application is 3
approved, the applicant may, on receipt thereof, proceed with the 4
construction of the necessary works and take all steps required to 5
apply the water to beneficial use and to perfect the proposed 6
appropriation. If the application is rejected, the applicant may take 7
no steps toward the prosecution of the proposed work or the 8
diversion and use of the public water while the rejection continues 9
in force. 10
[9.] 10. If a person is the successor in interest of an owner of a 11
water right or an owner of real property upon which a domestic well 12
is located and if the former owner of the water right or real property 13
on which a domestic well is located had previously filed a written 14
protest against the granting of an application, the successor in 15
interest must be allowed to pursue that protest i n the same manner 16
as if the successor in interest were the former owner whose interest 17
he or she succeeded. If the successor in interest wishes to pursue the 18
protest, the successor in interest must notify the State Engineer in a 19
timely manner on a form provided by the State Engineer. 20
[10.] 11. The provisions of subsections 1 to [9,] 10, inclusive, 21
do not apply to an application for an environmental permit or a 22
temporary permit issued pursuant to NRS 533.436 or 533.504. 23
[11.] 12. The provisions of subsec tion [8] 9 do not authorize 24
the recipient of an approved application to use any state land 25
administered by the Division of State Lands of the State Department 26
of Conservation and Natural Resources without the appropriate 27
authorization for that use from the State Land Registrar. 28
[12.] 13. As used in this section, “domestic well” has the 29
meaning ascribed to it in NRS 534.350. 30
Sec. 4. NRS 533.380 is hereby amended to read as follows: 31
533.380 1. Except as otherwise provided in subsection [5,] 6, 32
in an endorsement of approval upon any application, the State 33
Engineer shall: 34
(a) Set a time before which the construction of the work must be 35
completed, which must be within 5 years after the date of approval. 36
(b) Except as otherwise provided in this paragraph, set a time 37
before which the complete application of water to a beneficial use 38
must be made, which must not exceed 10 years after the date of the 39
approval. The time set under this paragraph respect ing an 40
application for a permit to apply water to a municipal or quasi -41
municipal use on any land: 42
(1) For which a final subdivision map has been recorded 43
pursuant to chapter 278 of NRS; 44

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(2) For which a plan for the development of a project has 1
been approved by the local government pursuant to NRS 278.010 to 2
278.460, inclusive; or 3
(3) On any land for which a plan for the development of a 4
planned unit development has been recorded pursuant to chapter 5
278A of NRS, 6
 must not be less than 5 years. 7
2. The State Engineer may limit the applicant to a smaller 8
quantity of water, to a shorter time for the completion of work, and, 9
except as otherwise provided in paragraph (b) of subsection 1, to a 10
shorter time for the perfecting of the application than named in the 11
application. 12
3. Except as otherwise provided in subsection [4] 5 and NRS 13
533.395 and 533.4377, the State Engineer may, for good cause 14
shown, grant any number of extensions of time within which 15
construction work must be completed, or water must be applied to a 16
beneficial use under any permit therefor issued by the State 17
Engineer, but a single extension of time must not exceed 5 years. 18
The State Engineer shall approve or deny an application for an 19
extension of time not later than 30 days after the d ate the 20
application is received by the State Engineer. 21
4. An application for [the] an extension of time submitted 22
pursuant to subsection 3 must in all cases be: 23
(a) Made within 30 days following notice by registered or 24
certified mail that proof of the w ork is due as provided for in NRS 25
533.390 and 533.410; and 26
(b) Accompanied by proof and evidence of the good faith and 27
reasonable diligence with which the applicant is pursuing the 28
perfection of the application. 29
 The State Engineer shall not grant an extension of time unless the 30
State Engineer determines from the proof and evidence so submitted 31
that the applicant is proceeding in good faith and with reasonable 32
diligence to perfect the application. The failure to provide the proof 33
and evidence required pur suant to this subsection is prima facie 34
evidence that the holder is not proceeding in good faith and with 35
reasonable diligence to perfect the application. 36
[4.] 5. Except as otherwise provided in subsection [5] 6 and 37
NRS 533.395, whenever the holder of a permit issued for any 38
municipal or quasi-municipal use of water on any land referred to in 39
paragraph (b) of subsection 1, or for any use which may be served 40
by a county, city, town, public water district or public water 41
company, requests an extension of ti me to apply the water to a 42
beneficial use, the State Engineer shall, in determining whether to 43
grant or deny the extension, consider, among other factors: 44

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(a) Whether the holder has shown good cause for not having 1
made a complete application of the water to a beneficial use; 2
(b) The number of parcels and commercial or residential units 3
which are contained in or planned for the land being developed or 4
the area being served by the county, city, town, public water district 5
or public water company; 6
(c) Any economic conditions which affect the ability of the 7
holder to make a complete application of the water to a beneficial 8
use; 9
(d) Any delays in the development of the land or the area being 10
served by the county, city, town, public water district or public 11
water company which were caused by unanticipated natural 12
conditions; and 13
(e) The period contemplated in the: 14
(1) Plan for the development of a project approved by the 15
local government pursuant to NRS 278.010 to 278.460, inclusive; or 16
(2) Plan for the d evelopment of a planned unit development 17
recorded pursuant to chapter 278A of NRS, 18
 if any, for completing the development of the land. 19
[5.] 6. The provisions of subsections 1 and [4] 5 do not apply 20
to an environmental permit or a temporary permit issued pursuant to 21
NRS 533.436 or 533.504. 22
[6.] 7. For the purposes of this section, the measure of 23
reasonable diligence is the steady application of effort to perfect the 24
application in a reasonably expedient and efficient manner under all 25
the facts and circumstances. When a project or integrated system is 26
composed of several features, work on one feature of the project or 27
system may be considered in finding that reasonable diligence has 28
been shown in the development of water rights for all features of the 29
entire project or system. 30
[7.] 8. The State Engineer shall: 31
(a) Adopt any regulation necessary to carry out the provisions of 32
this section; and 33
(b) Provide a copy of such regulations to any person upon 34
request. 35
Sec. 5. NRS 533.386 is hereby amended to read as follows: 36
533.386 1. [The] Not later than 14 days after the date a 37
report of conveyance required by paragraph (a) of subsection 1 of 38
NRS 533.384 is filed with the State Engineer, the State Engineer 39
shall review the report to confirm that the report [of conveyance 40
required by paragraph (a) of subsection 1 of NRS 533.384 ] includes 41
all material required by that subsection and that: 42
(a) The report is accompanied by the prescribed fee; 43

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(b) No conflict exists in the chain of title that can be determined 1
by the State Engineer from the conveyance documents or other 2
information on file in the Office of the State Engineer; and 3
(c) The State Engineer is able to determine the rate of diversion 4
and the amount of water conveyed in acre -feet or million gallons 5
from the conveyance documents or other information on file in the 6
Office of the State Engineer. 7
2. If the State Engineer confirms a report of conveyance 8
pursuant to subsection 1, the State Engineer shall [in a ti mely 9
manner] within the time required pursuant to subsection 1 provide 10
a notice of the confirmation to the person who submitted the report 11
of conveyance. The notice must include, without limitation: 12
(a) A statement indicating that neither the confirmation of the 13
report of conveyance nor the report of conveyance, if the report sets 14
forth the amount of water conveyed, guarantees that: 15
(1) The water right is in good standing with the Office of the 16
State Engineer; or 17
(2) The amount of water referenced in t he notice or in the 18
report of conveyance is the actual amount of water that a person is 19
entitled to use upon conveyance of the application or permit to 20
appropriate any of the public waters, the certificate of appropriation, 21
the adjudicated or unadjudicated water right, or the application or 22
permit to change the place of diversion, manner of use or place of 23
use of water. 24
(b) A statement that the confirmation of the report of 25
conveyance is not a determination of ownership and that only a 26
court of competent jurisdiction may adjudicate conflicting claims to 27
ownership of a water right. 28
3. If the State Engineer determines that the report of 29
conveyance is deficient, the State Engineer shall within the time 30
required pursuant to subsection 1 reject the report of conveyance 31
and return it to the person who submitted it, together with: 32
(a) An explanation of the deficiency; and 33
(b) A notice stating that the State Engineer will not confirm a 34
report of conveyance that has been rejected unless the report is 35
resubmitted with the material required to cure the deficiency. The 36
notice must also include a statement of the provisions of 37
subsection 5. 38
4. If, from the conveyance documents or other information in 39
the Office of the State Engineer, it appears to the State Engineer that 40
there is a conflict in the chain of title, the State Engineer shall 41
within the time required pursuant to subsection 1 reject the report 42
of conveyance and return it to the person who submitted it, together 43
with: 44

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(a) An explanation that a conflict appears to exist in the chain of 1
title; and 2
(b) A notice stating that the State Engineer will not take further 3
action with respect to the report of conveyance until a court of 4
competent jurisdiction has determined the conflicting claims to 5
ownership of the water right and the determination has become final 6
or until a final resolution of the conflicting claims has otherwise 7
occurred. The notice must also include a statement of the provisions 8
of subsection 5. 9
5. The State Engineer shall not consider or treat the person to 10
whom: 11
(a) An application or permit to appropriate any of the public 12
waters; 13
(b) A certificate of appropriation; 14
(c) An adjudicated or unadjudicated water right; or 15
(d) An application or permit to change the place of diversion, 16
manner of use or place of use of water, 17
 is conveyed as the owner or holder of the application, right, 18
certificate or permit for the purposes of this chapter, including, 19
without limitation, all advisements and other notices required of the 20
State Engineer and t he granting of permits to change the place of 21
diversion, manner of use or place of use of water, until a report of 22
the conveyance is confirmed pursuant to subsection 1. 23
6. If the State Engineer is notified that a court of competent 24
jurisdiction has entered a judgment confirming ownership of a water 25
right or resolving a conflict in a chain of title, and that the judgment 26
has become final, the State Engineer shall take such administrative 27
action as is appropriate or necessary to conform the records of the 28
Office of the State Engineer with the judgment of the court, 29
including, without limitation, amending or withdrawing a permit or 30
certificate that was previously approved by the State Engineer. 31
Sec. 6. NRS 533.390 is hereby amended to read as follows: 32
533.390 1. Any person holding a permit from the State 33
Engineer shall, on or before the date set for the completion of the 34
work, file in detail a description of the work as actually constructed. 35
This statement must be verified by the affidavit of the applicant or 36
the applicant’s agent or attorney. The State Engineer shall notify 37
the holder of the permit not later than 30 days before the date set 38
for the completion of the work that the permit will be held for 39
cancellation if the statement is not filed by the date set for the 40
completion of the work. 41
2. Should any person holding a permit from the State Engineer 42
fail to file with the State Engineer the proof of completion of work, 43
as provided in this chapter, the State Engineer sh all advise the 44
holder of the permit, by registered or certified mail, that it is held for 45

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cancellation, and should the holder, within 30 days after the mailing 1
of such advice, fail to file the required affidavit, the State Engineer 2
shall cancel the permit. For good cause shown, upon application 3
made prior to the expiration of the 30-day period, the State Engineer 4
may, in his or her discretion, grant an extension of time in which to 5
file the instruments. The State Engineer shall approve or deny an 6
application for an extension of time not later than 30 days after 7
the date the application was received by the State Engineer. 8
Sec. 7. NRS 533.400 is hereby amended to read as follows: 9
533.400 1. Except as otherwise provided in subsection [2,] 3, 10
on or before the date set in the endorsement of a permit for the 11
application of water to beneficial use, or on the date set by the State 12
Engineer under a proper application for extension therefor, any 13
person holding a permit from the Sta te Engineer to appropriate the 14
public waters of the State of Nevada, to change the place of 15
diversion or the manner or place of use, shall file with the State 16
Engineer a statement under oath, on a form prescribed by the State 17
Engineer. The statement must include: 18
(a) The name and post office address of the person making the 19
proof. 20
(b) The number and date of the permit for which proof is made. 21
(c) The source of the water supply. 22
(d) The name of the canal or other works by which the water is 23
conducted to the place of use. 24
(e) The name of the original person to whom the permit was 25
issued. 26
(f) The purpose for which the water is used. 27
(g) If for irrigation, the actual number of acres of land upon 28
which the water granted in the permit has been beneficially used, 29
giving the same by 40-acre legal subdivisions when possible. 30
(h) An actual measurement taken by a licensed state water right 31
surveyor or an official or employee of the Office of the State 32
Engineer of the water diverted for beneficial use. 33
(i) The capacity of the works of diversion. 34
(j) If for power, the dimensions and capacity of the flume, pipe, 35
ditch or other conduit. 36
(k) The average grade and difference in elevation between the 37
termini of any conduit. 38
(l) The number of months, naming them, in which water has 39
been beneficially used. 40
(m) The amount of water beneficially used, taken from actual 41
measurements, together with such other data as the State Engineer 42
may require to become acquainted with the amount of the 43
appropriation for which the proof is filed. 44

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2. The State Engineer shall notify the holder of the permit not 1
later than 30 days before the date set for filing in the permit or the 2
date set by an extension granted by the State Engineer that the 3
permit will be held for cancellation pursuant to NRS 533.410 if 4
the statement required pursuant to this section and accompanying 5
map, if a map is required pursuant to NRS 533.405, is not filed by 6
the date set for filing. 7
3. The provisions of subsection 1 do not apply to a person 8
holding an environmental permit or a temporary permit issued 9
pursuant to NRS 533.436 or 533.504. 10
Sec. 8. NRS 533.410 is hereby amended to read as follows: 11
533.410 1. If any holder of a permit from the State Engineer 12
fails, before the date set for filing in the permit or the date set by any 13
extension granted by the State Engineer, to file with the State 14
Engineer proof of application of water to beneficial use, and the 15
accompanying map, if a map is required, the State Engineer shall 16
advise the holder of the permit, by registered or certified mail, that 17
the permit is held for cancellation. If the holder, within 30 days after 18
the mailing of this not ice, fails to file with the State Engineer the 19
required affidavit and map, if a map is required, or an application 20
for an extension of time to file the instruments, the State Engineer 21
shall cancel the permit. For good cause shown, upon application 22
made before the expiration of the 30 -day period, the State Engineer 23
may grant an extension of time in which to file the instruments. The 24
State Engineer shall approve or deny an application for an 25
extension of time not later than 30 days after the date the 26
application was received by the State Engineer. 27
Sec. 9. NRS 533.435 is hereby amended to read as follows: 28
533.435 1. The State Engineer shall collect the following 29
fees: 30
31
For examining and filing an application for a 32
permit to appropriate water .................................... $360.00 33
This fee includes the cost of publication, 34
which is $50. 35
For reviewing a corrected application or map, or 36
both, in connection w ith an application for a 37
water right permit ..................................................... 100.00 38
For examining and acting upon plans and 39
specifications for construction of a dam................ 1,200.00 40
For examining and filing an application for each 41
permit to change the point of diversion, 42
manner of use or place of use of an existing 43
right .......................................................................... 240.00 44

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- *AB265*
This fee inclu des the cost of publication , 1
which is $50. 2
For examining and filing an application for a 3
temporary permit to change the point of 4
diversion, manner of use or place of use of an 5
existing right ........................................................... $180.00 6
For issuing and recording each permit to 7
appropriate water for any purpose, except for 8
generating hydroelectric power which results 9
in nonconsumptive use of the water, watering 10
livestock or wildlife purposes .................................. 360.00 11
plus $3 per acre-foot approved or fraction 12
thereof. 13
Except for generating hydroelectric power , 14
watering livestock or wildlife purposes , for 15
issuing and r ecording each permit to change 16
an existing water right whether temporary or 17
permanent for any purpose ....................................... 300.00 18
plus $3 per acre-foot approved or fraction 19
thereof. 20
For issuing and recording each permit for 21
additional rate of diversion from a well where 22
no additional volume of water is granted .............. 1,000.00 23
For issuing and recording each permit to change 24
the point of diversion or place of use of an 25
existing right whether tempora ry or 26
permanent for irrigation purposes, a 27
maximum fee of ....................................................... 750.00 28
For issuing and recordin g each permit to 29
appropriate or change the point of diversion 30
or place of use of an existing right whether 31
temporary or permanent for watering 32
livestock or wildlife purposes .................................. 240.00 33
plus $50 for each cubic foot of water per 34
second approved or fraction thereof. 35
For issuing and recording each permit to 36
appropriate or change an existing right 37
whether temporary or permanent for water 38
for generating hydroelectric power which 39
results in nonconsumptive use of the water.............. 480.00 40
plus $50 for each cubic foot per second of 41
water approved or fraction thereof. 42
For filing and examining a request for a waiver 43
in connection with an application to drill a 44
well ........................................................................... 120.00 45

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- *AB265*
For filing and examining a notice of intent to 1
drill a well ................................................................ $25.00 2
For filing and examining an affidavit to 3
relinquish water rights in favor of use of 4
water for domestic wells .......................................... 300.00 5
For filing a secondary application under a 6
reservoir permit ........................................................ 300.00 7
For approving and recording a secondary permit 8
under a reservoir permit ........................................... 540.00 9
For reviewing each tentative subdivision map .............. 180.00 10
plus $1 per lot. 11
For reviewing and approving each final 12
subdivision map ....................................................... 120.00 13
For storage approved under a dam permit for 14
privately owned nonagricultural dams which 15
store more than 50 acre-feet ..................................... 480.00 16
plus $1.25 per acre-foot storage capa city. 17
This fee includes the cost of inspection 18
and must be paid annually. 19
For flood control detention basins ................................. 480.00 20
plus $1.25 per acre -foot storage capacity. 21
This fee includes the cost of inspection 22
and must be paid annually. 23
For filing proof of completion of work ........................... 60.00 24
For filing proof of beneficial use ..................................... 60.00 25
For issuing and recording a certificate upon 26
approval of the proof of beneficial use ..................... 350.00 27
For filing proof of resumption of a water right ............. 360.00 28
For filing any protest ....................................................... 30.00 29
For filing any applicat ion for extension of time 30
within which to file proofs , of completion or 31
beneficial use, for each year for which the 32
extension of time is sought ....................................... 120.00 33
For filing any application for extension of time 34
to prevent a forfeiture, for each year for 35
which the extension of time is sought ...................... 120.00 36
For reviewing a cancellation of a water right 37
pursuant to a petition for review .............................. 360.00 38
For examining and filing a report of conveyance 39
filed pursuant to paragraph (a) of subsection 40
1 of NRS 533.384 ..................................................... 120.00 41
plus $20 per conveyance document. 42
For filing any other instrument ........................................ 10.00 43

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- *AB265*
For making a copy of any document recorded or 1
filed in the Office of the State Engineer , for 2
the first page ............................................................... $1.00 3
For each additional page .................................................... .20 4
For certifying to copies of documents, records or 5
maps, for each certificate ............................................. 6.00 6
For each copy of any full size drawing or map ................. 6.00 7
For each color copy of any full size drawing or 8
map (2′ x 3′) ............................................................... 12.00 9
For colored plots .............................................................. 10.00 10
11
2. When fees are not specified in subsection 1 for work 12
required of the Office of the State Engineer, the State Engineer shall 13
collect the actual cost of the work. 14
3. Except as otherwise provided in this subsection, all fees 15
collected by the State Engineer under the provisions of this section 16
must be deposited in the State Treasury for credit to the State 17
General Fund. All fees received for copies of any drawing or map 18
must be kept by the State Engineer and used only to pay the costs of 19
printing, replacement and maintenance of printing equipment. Any 20
publication fees received which are not used by the State Engineer 21
for publication expenses must be returned to the person s who paid 22
the fees. If, after exercising due diligence, the State Engineer is 23
unable to make the refunds, the State Engineer shall deposit the fees 24
in the State Treasury for credit to the State General Fund. 25
4. The State Engineer shall issue a permit no t later than 14 26
days after receiving the applicable fee for the issuance and 27
recording of the permit required pursuant to subsection 1. 28

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