Nevada water law doctrine of prior appropriation
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The Nevada water law doctrine of prior appropriation is a legal system for allocating water rights in the state based on the principle of “first in time, first in right,” giving priority to earlier users during times of shortage.
Statements (49)
| Predicate | Object |
|---|---|
| instanceOf |
legal doctrine
ⓘ
water rights doctrine ⓘ |
| administeredBy |
Nevada Division of Water Resources
NERFINISHED
ⓘ
Nevada State Engineer NERFINISHED ⓘ |
| allocates | rights to use water rather than ownership of water ⓘ |
| appliesDuring | drought conditions in Nevada ⓘ |
| appliesInJurisdiction | State of Nevada NERFINISHED ⓘ |
| appliesTo |
interstate river systems within Nevada subject to compact allocations
ⓘ
intrastate rivers and streams in Nevada ⓘ lakes and springs in Nevada ⓘ underground water basins in Nevada ⓘ |
| beneficialUseIncludes |
domestic use
ⓘ
industrial use ⓘ irrigation ⓘ mining use ⓘ municipal supply ⓘ recreation and wildlife uses as recognized by statute or policy ⓘ stockwatering ⓘ |
| conditionForRight |
application to appropriate water
ⓘ
permit issued by Nevada State Engineer ⓘ proof of beneficial use ⓘ |
| corePrinciple | first in time, first in right ⓘ |
| distinguishedFrom | riparian water rights doctrine ⓘ |
| doesNotRequire | riparian land ownership ⓘ |
| effectDuringShortage | junior rights curtailed before senior rights ⓘ |
| enforcedThrough |
adjudication proceedings in Nevada courts
ⓘ
administrative orders of the Nevada State Engineer ⓘ |
| governs |
groundwater rights in Nevada
ⓘ
surface water rights in Nevada ⓘ |
| historicallyInfluencedBy | western United States prior appropriation systems ⓘ |
| includesConcept |
abandonment of water rights
ⓘ
change applications for place or manner of use ⓘ forfeiture of rights for nonuse ⓘ |
| legalSource |
Nevada Revised Statutes Chapter 533
NERFINISHED
ⓘ
Nevada Revised Statutes Chapter 534 NERFINISHED ⓘ |
| legalSystemType | prior appropriation ⓘ |
| priorityDeterminedBy |
date of priority
ⓘ
seniority of water right ⓘ |
| priorityRule | senior rights satisfied before junior rights in times of shortage ⓘ |
| prohibits | wasteful use of water ⓘ |
| publicPolicy | water is a public resource subject to state control ⓘ |
| recognizes |
separate water rights from land ownership
ⓘ
vested rights established before comprehensive statutory regulation ⓘ |
| requires | beneficial use of water ⓘ |
| requiresApprovalFor |
change in manner of use
ⓘ
change in place of use ⓘ change in point of diversion ⓘ |
| subjectTo |
environmental and resource considerations under Nevada law
ⓘ
public interest review by Nevada State Engineer ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.