Nevada § 533.450 - Orders and decisions of State Engineer subject to judicial review; procedure; motions for stay; appeals; appearance by Attorney General

§ 533.450. Orders and decisions of State Engineer subject to judicial review; procedure; motions for stay; appeals; appearance by Attorney General

1. Except as otherwise provided in NRS 533.353 , any person feeling aggrieved by any order or decision of the State Engineer, acting

in person or through the assistants of the State Engineer or the water commissioner,

affecting the person's interests, when the order or decision relates to the administration

of determined rights or is made pursuant to NRS 533.270 to 533.445 , inclusive, or NRS 533.481 , 534.193 , 535.200 or 536.200 , may have the same reviewed by a proceeding for that purpose, insofar as may be in

the nature of an appeal, which must be initiated in the proper court of the county

in which the matters affected or a portion thereof are situated, but on stream systems

where a decree of court has been entered, the action must be initiated in the court

that entered the decree. The order or decision of the State Engineer remains in full force and effect unless

proceedings to review the same are commenced in the proper court within 30 days after

the rendition of the order or decision in question and notice thereof is given to

the State Engineer as provided in subsection 3. 2. The proceedings in every case must be heard by the court, and must be informal

and summary, but full opportunity to be heard must be had before judgment is pronounced. 3. No such proceedings may be entertained unless notice thereof, containing a statement

of the substance of the order or decision complained of, and of the manner in which

the same injuriously affects the petitioner's interests, has been served upon the

State Engineer, personally or by registered or certified mail, at the Office of the

State Engineer at the State Capital within 30 days following the rendition of the

order or decision in question. A similar notice must also be served personally or by registered or certified mail

upon the person who may have been affected by the order or decision. 4. Where evidence has been filed with, or testimony taken before, the State Engineer,

a transcribed copy thereof, or of any specific part of the same, duly certified as

a true and correct transcript in the manner provided by law, must be received in evidence

with the same effect as if the reporter were present and testified to the facts so

certified. A copy of the transcript must be furnished on demand, at actual cost, to any person

affected by the order or decision, and to all other persons on payment of a reasonable

amount therefor, to be fixed by the State Engineer. 5. An order or decision of the State Engineer must not be stayed unless the petitioner

files a written motion for a stay with the court and serves the motion personally

or by registered or certified mail upon the State Engineer, the applicant or other

real party in interest and each party of record within 10 days after the petitioner

files the petition for judicial review. Any party may oppose the motion and the petitioner may reply to any such opposition. In determining whether to grant or deny the motion for a stay, the court shall consider: (a) Whether any nonmoving party to the proceeding may incur any harm or hardship if

the stay is granted; (b) Whether the petitioner may incur any irreparable harm if the stay is denied; (c) The likelihood of success of the petitioner on the merits; and (d) Any potential harm to the members of the public if the stay is granted. 6. Except as otherwise provided in this subsection, the petitioner must file a bond

in an amount determined by the court, with sureties satisfactory to the court and

conditioned in the manner specified by the court. The bond must be filed within 5 days after the court determines the amount of the

bond pursuant to this subsection. If the petitioner fails to file the bond within that period, the stay is automatically

denied. A bond must not be required for a public agency of this State or a political subdivision

of this State. 7. Costs must be paid as in civil cases brought in the district court, except by the

State Engineer or the State. 8. The practice in civil cases applies to the informal and summary character of such

proceedings, as provided in this section. 9. Appeals may be taken to the appellate court of competent jurisdiction pursuant

to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution from the judgment of the district court in the same manner as in other civil cases. 10. The decision of the State Engineer is prima facie correct, and the burden of proof

is upon the party attacking the same. 11. Whenever it appears to the State Engineer that any litigation, whether now pending

or hereafter brought, may adversely affect the rights of the public in water, the

State Engineer shall request the Attorney General to appear and protect the interests

of the State.