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NRS 533.210

Finality of decree; application for modification within 3 years after entry; limitations on modification; notice of application

Applied in 4 court decisions — leading case 66 F. Supp. 2d 1163 - State Engineer of Nevada v. South Fork Band of the Te-Moak Tribe of Western Shoshone Indians (1999)

Most recently applied in Mineral County v. Walker River Irrigation Dist. (January 2021)

[36a:140:1913; added 1921, 171; NCL § 7924]

How often courts cite this section

19771980199020002010202110
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

1. The decree entered by the court, as provided by NRS 533.185, shall be final and shall be conclusive upon all persons and rights lawfully embraced within the adjudication; but the State Engineer or any party or adjudicated claimant upon any stream or stream system affected by such decree may, at any time within 3 years from the entry thereof, apply to the court for a modification of the decree, insofar only as the decree fixed the duty of water, and upon the hearing of such motion the court may modify such decree increasing or decreasing the duty of water, consistent with good husbandry, and consistent with the principle that actual and beneficial use shall be the measure and limit of the right.

2. Notice of application shall be given as in civil cases.

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