Nevada freezes new groundwater rights in Red Rock Valley

Red Rock Valley, Washoe County, Nevada
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  • Nevada issues curtailment order for Red Rock Valley groundwater.
  • Existing water rights already exceed the basin’s sustainable yield.
  • New groundwater applications will be denied, with limited exceptions.
  • More than 1,100 acre-feet of water rights have already been retired.
  • The order prioritizes domestic wells and environmental protection.

Friday, June 13, 2025 –– In a decisive move to address groundwater depletion, Nevada State Engineer Adam Sullivan signed Order No. 1339Opens in a new tab. on June 4, 2025, effectively halting most new groundwater appropriations in the Red Rock Valley Hydrographic Basin, located in Washoe County.

Overdrawn Basin Prompts Action.

Red Rock Valley has been under watch since 1978, when it was first designated a regulated basin. State estimates now place its sustainable groundwater yield between 1,200 and 2,400 acre-feet per year. However, the total existing groundwater commitments, including permitted rights and domestic wells, currently stand at approximately 2,326 acre-feet annually, leaving little to no buffer for new development.

In addition to these existing commitments, another 247 undeveloped parcels in the valley could, if developed, add up to 494 acre-feet in new demand. This potential growth raised serious concerns.

“The State Engineer finds that conditions warrant the curtailment of new appropriations of groundwater within the Red Rock Valley Hydrographic Basin,” the order statesOpens in a new tab..

Water Already Retired Won’t Return.

Adding further context, the Nevada Division of Water Resources has retired 1,118 acre-feet of previously appropriated rights in the basin. This retired water will remain permanently committed and unavailable for future appropriation.

Screenshot of Nevada's Hydrographic Regions and Basins Tool - https://tools.water.nv.gov/hydrographicregions.aspx?region=Washoe
Screenshot of Nevada’s Hydrographic Regions and Basins Tool – https://tools.water.nv.gov/hydrographicregions.aspx?region=WashoeOpens in a new tab.

Narrow Exceptions Still Allowed.

The curtailment order blocks new applications to appropriate groundwater, but it does allow for a handful of narrowly tailored exceptions. These include:

  1. Applications for no more than two acre-feet per year—the maximum allowed for domestic wells under Nevada law.

  2. Environmental uses permitted under Nevada Revised Statutes 533.437 to 533.4377.

  3. Temporary groundwater use to establish fire-resistant vegetation.

  4. Temporary stockwater use for livestock.

  5. Applications requesting only a change in the diversion rate, without increasing the total volume of water used.

  6. Non-consumptive uses, such as geothermal heat exchange systems or hydrologic testing.

All exceptions must still meet statutory requirements under Nevada’s water laws.

Balancing Growth and Groundwater.

The move underscores the challenge Nevada faces in balancing rural growth and water availability. Although Red Rock Valley is not densely populated, its combination of domestic wells, pending development, and a fragile aquifer system created a precarious situation.

The order reflects the state’s broader policy to protect domestic well users and incorporate the “best available science” in decisions affecting groundwater, as set forth in Nevada Revised Statutes.

The full text of Order No. 1339 is available through the Nevada Division of Water ResourcesOpens in a new tab..

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Top Image of Red Rock Valley from the Washoe County Fire PlanOpens in a new tab..

Deborah

Since 1995, Deborah has owned and operated LegalTech LLC with a focus on water rights. Before moving to Arizona in 1986, she worked as a quality control analyst for Honeywell and in commercial real estate, both in Texas. She learned about Arizona's water rights from the late and great attorney Michael Brophy of Ryley, Carlock & Applewhite. Her side interests are writing (and reading), Wordpress programming and much more.

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