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NRS 533.037

Determination of priority of water right acquired for use in federal reclamation project; no additional water rights granted

Applied in 3 court decisions — leading case United States of America Pyramid Lake Paiute Tribe of Indians v. Orr Water Ditch Company et al. (2001)

Most recently applied in United States v. Alpine Land & Reservoir Co. (August 2003)

(Added to NRS by 1999, 2630)

1. The priority of a water right acquired by a person for use in a federal reclamation project is determined according to the date on which the United States appropriated water for initiation of the project. Notwithstanding the fact that the water right so appropriated and acquired may ultimately vest in the name of the person at a later date, all such water rights so acquired are governed by the applicable law of this State in effect on the date on which the United States appropriated water for initiation of the project, unless the water rights vested under the law in this State before the time the United States first appropriated or otherwise acquired the water for initiation of the project. If the water right vested under the law in this State before appropriation or acquisition by the United States, the date of initiation of the water right is determined according to the date on which the water was first diverted under that appropriation or acquisition by the United States.

2. No water rights, in addition to those allocated under applicable court decrees, are granted, stated or implied by the determination of the date of priority pursuant to subsection 1.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.