While not a new topic on our blog, we wanted to take this opportunity to remind you that Nevada’s vested water right sunset date of December 31, 2027 is fast approaching! This deadline is the “last call” to file for any pre-water code rights. If you know that your predecessors were irrigating or watering their livestock as a “grandfathered right” on property that you own or use, and you do not have a vested or permitted water right on file with the State Engineer’s office, now is the time to determine whether or not you have the historical support to file a vested proof of appropriation. While “grandfathered” rights imply a historical right, calling it a “grandfathered” right, in and of itself, does not equate to a legal right to use water. The historical use must pre-date the water code. In Nevada, these water code dates are: 1905 for surface water, 1913 for artesian or percolating water, and 1939 for groundwater developments.
When filing a vested proof of appropriation, make sure that your water use has adequate evidentiary support to predate the water code. To assist you, we recently updated an article entitled, “How to Research Your Land and Water”. This article provides guidance on how to research the information necessary to support a vested proof of appropriation. Now is not too late to start this process!
