Nevada Code § 538.171

Protection of water, water rights and rights to power; appropriation and use of water; certain uses of water from Muddy River or Virgin River
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1. The Commission shall receive, protect
and safeguard and hold in trust for the State of Nevada all water and water
rights, and all other rights, interests or benefits in and to the waters
described in NRS 538.041 to 538.251 , inclusive, and to the power generated
thereon, held by or which may accrue to the State of Nevada under and by virtue
of any Act of the Congress of the United States or any agreements, compacts or
treaties to which the State of Nevada may become a party, or otherwise.
2. Except as otherwise provided in this
subsection, applications for the original appropriation of such waters, or to
change the holder of the entitlement to appropriate water, place of diversion,
manner of use or place of use of water covered by the original appropriation,
must be made to the Commission in accordance with the regulations of the
Commission. In considering such an application, the Commission shall use the
criteria set forth in NRS 533.370 . The
Commissions action on the application constitutes the recommendation of the
State of Nevada to the United States for the purposes of any federal action on
the matter required by law. The provisions of this subsection do not apply to
supplemental water.
3. The Commission shall furnish to the
State Engineer a copy of all agreements entered into by the Commission
concerning the original appropriation and use of such waters. It shall also
furnish to the State Engineer any other information it possesses relating to
the use of water from the Colorado River which the State Engineer deems
necessary to allow the State Engineer to act on applications for permits for
the subsequent appropriation of these waters after they fall within the State
Engineers jurisdiction.
4. Notwithstanding any provision of chapter 533 of NRS, any original appropriation
and use of the waters described in subsection 1 by the Commission or by any
entity to whom or with whom the Commission has contracted the water is not
subject to regulation by the State Engineer.
5. Any use of water from the Muddy River
or the Virgin River for the creation of any developed shortage supply or
intentionally created surplus does not require the submission of an application
to the State Engineer to change the place of diversion, manner of use or place
of use. As used in this subsection:
(a) Developed shortage supply has the meaning
ascribed to it in NRS 533.030 .
(b) Intentionally created surplus has the
meaning ascribed to it in NRS 533.030 .

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