Nevada § 533.310 - Administration of distribution by State Engineer if rights determined in manner other than provided in NRS 533.090 to 533.265, inclusive: Petition to district court; notice; hearing; order; appeal

§ 533.310. Administration of distribution by State Engineer if rights determined in manner other than provided in NRS 533.090 to 533.265, inclusive: Petition to district court; notice; hearing; order; appeal

1. On any stream in this state on which the water rights have been adjudicated and

determined and the final decree therefor entered, as between all persons who claimed

the right to the use of the waters of such stream, in a suit brought in the district

court having jurisdiction of such stream and in which suit the adjudication and determination

was not had in the manner provided in NRS 533.087 to 533.265 , inclusive, and thereafter one or more of the parties as users of such adjudicated

and determined rights or their successors in interest desire that the State Engineer

take charge of the diversions and distribution of such rights and administer them

in conformity with the final decree of the court, they may petition the district court

which entered the decree requesting such administration. 2. Upon the filing of such petition, the district court shall direct that notice of

the filing of the petition shall be given to each water user or claimant to a water

right listed in the final decree. The notice shall be an order to show cause on the day fixed in the order by the

court, which day shall not be less than 10 days nor more than 25 days from and after

the date of issuance thereof, and which order shall direct the person or persons therein

named to attend before the court on that day and show cause, if any they or each of

them may have, why the petition should not be granted. The court shall designate the form and direct the preparation of the order or orders

to show cause and by its order direct the manner, mode and the payment of the cost

of the service thereof. 3. For the purpose of the hearing on the petition, such petition shall be deemed in

the nature of a complaint. Objections of the water users or claimants, or any of them, to the granting of the

petition shall be in writing signed by such users or claimants, or by any attorneys

thereof. No other pleading shall be filed. Costs shall be paid as in civil cases brought in the district court, except by the

State Engineer or the State. The practice in civil cases shall apply insofar as consistent with the summary character

of the proceedings. The State Engineer shall be given notice of and, in person or by assistant or deputy

state engineer, shall attend upon the hearing of the petition. 4. The court, prior to the final determination of the matter, may, by an order duly

entered and served upon the State Engineer, direct the State Engineer to make a hydrographic

survey of the stream system and to render to the court a written report, together

with such maps and other necessary data as will enable the court to determine whether

or not administration of such water rights by the State Engineer would be in the best

interest of the water users. 5. If the district court finally determines the matter affirmatively, the court shall,

by its judgment duly entered and served on the State Engineer, direct the State Engineer

to distribute such waters in strict accordance with the decree, and from and after

the filing of such judgment in the district court and service thereof on the State

Engineer the administration of the decree and the distribution of the water thereunder

shall be under the supervision and control of the district court, and the State Engineer,

the State Engineer's deputies, assistants and water commissioners, when engaged in

the administration of the final decree and the distribution of the water thereunder,

shall be deemed officers of the district court only and subject only to its supervision

and control. 6. Appeals may be taken from the judgment so entered 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 in the same manner and within the time as provided in NRS 533.450 .