Nevada § 535.060 - Obstruction of water by beaver's dam: Procedure for removal of beaver and dams

§ 535.060. Obstruction of water by beaver's dam: Procedure for removal of beaver and dams

1. On any stream system and its tributaries in this state the distribution of the

waters of which are vested in the State Engineer by law or the final decree of court,

where beaver, by the construction of dams or otherwise, are found to be interfering

with the lawful and necessary distribution of water to the proper users thereof, the

State Engineer, upon complaint of any interested water user, shall investigate or

cause the investigation of the matter. 2. The State Engineer and his or her assistants and water commissioners and the Department

of Wildlife and its agents may enter upon privately owned lands for the purposes of

investigating the conditions complained of and the removal and trapping of beaver. 3. If satisfied that such beaver are interfering with the flow of water to the detriment

of water users, the State Engineer shall serve a written notice on the owner of the

land, if it is privately owned, stating: (a) That the beaver thereon are interfering with or stopping the flow of water necessary

for the proper serving of water rights; and (b) That unless, within 10 days from receipt of the notice, written objection to the

removal of such beaver is filed with the State Engineer by the landowner, the Department

of Wildlife will remove such beaver or as many thereof as will rectify the existing

conditions. 4. Failure of the landowner to file such written objections shall be deemed a waiver

thereof. Upon receipt of written objections, the State Engineer may make further investigation

and may sustain or overrule the objections as the facts warrant. Upon the overruling of the objections, the landowner may have them reviewed by the

district court having jurisdiction of the land by filing therein a petition for review

within 10 days from the receipt of the order of the State Engineer overruling the

objections. The proceedings on the petition must be informal and heard by the court at the earliest

possible moment. 5. Upon the landowner's waiver of objections to the removal of beaver from his or

her land, or upon final determination by the court that the beaver should be removed,

the State Engineer shall immediately notify the Department of Wildlife of the waiver

or determination and the Department or its agents shall enter upon the land from which

the beaver are to be removed and remove them or as many as may be necessary to prevent

the improper flow of water as directed by the State Engineer. 6. The State Engineer may remove or cause the removal of any beaver dam found to be

obstructing the proper and necessary flow of water to the detriment of water users.