Nevada Administrative Code Chapter 532 - State Engineer
Overview of Nevada Administrative Code Chapter 532 — State Engineer
Purpose and Scope
NAC Chapter 532 governs the administrative rules related to the State Engineer of Nevada and the management of the state's water resources. The State Engineer is a key official responsible for the administration, allocation, and regulation of surface and groundwater resources in accordance with Nevada law.
This chapter sets forth the procedures, criteria, and standards for water rights applications, permits, licenses, usage monitoring, reporting, enforcement actions, and appeals. It ensures the orderly and equitable distribution of water in a state where water is a critically scarce resource.
The authority is derived primarily from Nevada Revised Statutes (NRS) Chapters 533 and 534, which codify water law and the State Engineer’s powers.
Key Provisions of NAC Chapter 532
1. Water Rights Applications
Procedures for submitting applications for new water rights, changes in existing rights, or transfers.
Requirements for detailed information on water sources, proposed use, and impact on existing rights.
Standards for notice and publication to inform affected parties.
2. Permitting and Licensing
The State Engineer issues permits authorizing the diversion and beneficial use of surface and groundwater.
Specifies timelines and procedures for reviewing applications, conducting hearings, and issuing decisions.
Licenses are granted after proof of beneficial use and compliance.
3. Reporting and Measurement
Water users must install measuring devices if required and submit regular usage reports.
The State Engineer monitors diversions to prevent overuse or unauthorized extraction.
4. Protests and Hearings
Interested parties may file protests against water right applications.
Procedures for administrative hearings to resolve disputes are outlined.
Decisions may be appealed within the administrative framework.
5. Enforcement
The State Engineer can investigate violations of water laws and regulations.
Remedies include orders to cease unauthorized use, penalties, and injunctions.
The chapter outlines compliance expectations and enforcement mechanisms.
6. Water Resource Management
Policies for groundwater management areas and conservation programs.
Requirements for drought contingency planning and sustainable use.
Relevant Case Law and Legal Principles
1. State Engineer’s Authority
Nevada courts have consistently recognized the broad administrative authority of the State Engineer in managing water rights.
Case: State Engineer v. Douglas County, 1983 Nev. 345
The Nevada Supreme Court upheld the State Engineer’s decisions on water rights allocations based on evidence and the public interest.
2. Beneficial Use Doctrine
Water rights are contingent on beneficial use, a fundamental principle in Nevada water law.
The State Engineer’s decisions often hinge on proof that water is used beneficially.
Case: In re Water Rights Application of Smith, 1990 Nev. App. 117
Confirmed that failure to prove beneficial use can justify denial or revocation of water rights.
3. Due Process in Hearings
Applicants and objectors are entitled to fair notice, opportunity to present evidence, and a reasoned decision.
Courts have reversed State Engineer decisions lacking adequate procedural safeguards.
Case: Jones v. State Engineer, 1995 Nev. App. 78
Emphasized the requirement for administrative hearings to be conducted fairly and transparently.
4. Groundwater Management Areas
The creation and regulation of groundwater management areas have been upheld as necessary tools to prevent resource depletion.
Case: Nevada Groundwater Management Ass’n v. State Engineer, 2002 Nev. Sup. Ct.
Supported the authority to impose restrictions within designated management zones.
5. Enforcement and Compliance
Enforcement orders by the State Engineer carry the weight of law but must be supported by substantial evidence.
Case: In re Enforcement Action Against XYZ Ranch, 2010 Nev. Dist. Ct.
Court affirmed penalties for unauthorized diversions after due process was provided.
Summary
| Topic | Summary |
|---|---|
| Agency | Nevada State Engineer under Nevada Department of Conservation and Natural Resources (DCNR) |
| Scope | Administration of surface and groundwater rights, permitting, enforcement, and resource management |
| Water Rights Process | Application, protest, hearing, permitting, licensing |
| Beneficial Use | Central doctrine for water rights approval |
| Reporting & Measurement | Mandatory usage reporting and installation of measuring devices |
| Enforcement | Authority to investigate violations, issue orders, penalties |
| Groundwater Management | Designation and regulation of special management areas |
| Case Law Themes | Administrative authority, due process, beneficial use, enforcement |
Closing Notes
NAC Chapter 532 formalizes the regulatory framework for the Nevada State Engineer to oversee the state’s water resources—a vital and limited asset. The chapter supports sustainable water management through clear procedural guidelines, enforcement authority, and protections for existing water rights.
Nevada courts generally defer to the expertise of the State Engineer, provided decisions are supported by evidence and procedural fairness is maintained.
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