February 21, 2024 — The Nevada Division of Water Resources (NDWR) announced in its Water Rights Surveyor Newsletter that pre-statutory water right claimants must submit a Proof of Appropriation to the State Engineer on or before December 31, 2027 (NRS 533.087). The claim is deemed abandoned if a claimant fails to submit such proof.

The claimant must provide supporting documentation to validate the claim. Examples include homestead entry documentation, General Land Office records, Nevada State Land Patents, deeds, county tax rolls, income tax documents, branding records, affidavits, and published historical accounts.

Pre-statutory vested water rights are those with a beneficial use occurring prior to:

• March 1, 1905, for All Surface Sources;
• March 22, 1913, for Underground Artesian Waters; and
• March 25, 1939, for Underground Percolating Water.

The right could be lost if a claim to prove a vested right is not filed by December 31st, 2027.

“Proof of Appropriation” forms are available for (1) domestic, (2) irrigation, (3) municipal and quasi-municipal, (4) stockwater, and (5) commercial, mining, industrial and other uses. A licensed water right surveyor can assist those needing help.

Where to get the forms and help:

• Visit the NDWR website (Forms tab, Water Right tab) for the new forms.
• Call NDWR at (775) 684-2800 and ask to speak to the adjudications (claims) team.

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