Vested Nevada Water Rights

How to Research Land & Water for Proof of Vested Nevada Water Right Claims

By
Katie Marvel DeLong
and
Therese A. Ure, Schroeder Law Offices, P.C.

Preface:

This article was originally written to encourage Nevada landowners and water users to research and file their pre water code vested Proofs of Appropriation (also known as vested claims or vested proofs or vested rights).  Since the original drafting of this article by Katie Marvel DeLong[1], the Nevada Legislature passed a bill in 2017 (SB 270) requiring that “any claimant of a pre-statutory water right must submit proof of the water use to the State Engineer on or before December 31, 2027. If a claimant fails to submit such proof by that deadline, the claim is deemed abandoned.” See Public Notice found at www.water.nv.gov.  Thus, it is more imperative that water users file their vested proofs now.  This is not something that can be done overnight, and we encourage each user to not only prepare their proofs but start on the historical research as soon as possible.

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Introduction

The phrase “Vested Water Rights” will grab the attention of most Nevada Ranchers. This is because Nevada water law is founded on the principle of prior appropriation – meaning “first in time, first in right.” A vested water right is a claim of use for water that predates when the state began appropriating water rights, or the water code. A claimant must prove use of water prior to appropriation and then prove continual use up to the present. In Nevada, vested rights for surface water, such as springs and creeks, must have a priority date of use prior to March 1, 1905, as this is the date surface water was first appropriated. Artesian water needs a priority date prior to 1913, and underground wells prior to 1939.

It is vital to “prove” your vested claims with records and documentation and then prove continual use with a chain of title/interest and other evidence.  Vested rights must go through an adjudication process to be confirmed.[2] Once confirmed in the adjudication process, the vested rights will be “decreed” water rights.  When determining water rights, the earliest proven rights take precedence, confirming the prior appropriation’s first in time first in right doctrine. 

When dealing with Vested Nevada Water Rights for Stock Watering, it is essential to keep in mind a few basic historic facts regarding cattle ranching in Nevada.  First of all, in the late 1800’s and in the early 1900’s, fences were virtually non-existent, particularly in remote areas.  Fences that did exist were few and far between.  Water sources were (and continue to be) scarce in the arid, dry climate.  Necessity made it vital for cattle to find and use all water sources on the range in which they occupied and for cattle ranchers to maintain this water.  Furthermore, limited water also made it crucial for ranchers to provide additional water sources for their livestock through hand-dug wells, and the use of perforated well-points to create artesian water sources.  By providing evidence of cattle use on range land, you will, in essence, also provide evidence for cattle use of water.

Why should we research our land and water rights?

1. To know what rights we have.
2. To ensure strong evidence exists to prove these rights are ours.
3. To show precedence and earliest priority dates of use.
4. To protect our rights against subsequent junior water users.

When researching your land and water, it is important to gather as much information as possible.  The research is similar to doing a jigsaw puzzle — one piece taken by itself does not give you a lot of information, but all of the pieces together provide a clear and complete picture of your land and water use.

What is involved in researching property?

Mostly time and motivation are involved, as well as some expense, depending on how much you do yourself and how much you have others do for you.  There are many resources and people available that can help you along the way including internet sites, informative books, independent researchers, title companies, etc….  Don’t be afraid to ask for help. 

Steps for Researching Your Vested Nevada Water Right Claims

1. Make a list of all your legal land descriptions.

To put together a list of your legal land descriptions, (if you don’t already have one) you can use your deeds or get them from the County Assessor’s Office. Many county assessor’s now have the information online where you can search and bring up land descriptions and assessor parcel numbers (“APN”).  In doing this, don’t forget about the land within your public land grazing permits.  Once you have your legal description, convert any APN numbers to the public land survey system (“PLSS”) coordinates to give you the township, range, section and quarter-quarter information.  This will help when searching historical information in other databases.

2. Compile and organize any and all information that you already have, including:

Deeds, land leases, existing water rights, parcel maps, allotment maps and grazing permits (range improvements), any prior research you or someone else has done.

When completing your research throughout this project, be sure to make copies of everything you find and note where you found it (source), the type of book (mortgages, tax rolls, water rights, etc), the book and page number, and the date.  If not available online, we recommend taking a high-resolution photograph with a smart phone that can be turned into a PDF.  This is often times easier as the historical books are large in size and do not often fit onto a standard copy machine.  Make sure the full page is captured, and that the information on the page is clear and legible. 

3. Search the Nevada Division of Water Resources website for any possible existing water rights.

Often there are water rights on your property or in your allotment that may not be in your name but that would still belong to you.  These are Nevada water rights that prior owners applied for, may have been given certificates for, but that have NOT been conveyed to you, or otherwise been updated to your name in the NDWR records.  Sometimes there are even vested rights that are this way. 

You would need to complete a Report of Conveyance and Abstract of Title in order to bring these rights up to your name.  Information on how to do this is provided on the NDWR website.  The easiest way to search for any possible existing rights is through the Hydrographic Abstract Search under the Water Rights tab on the state water resource website (www.water.nv.gov).  You can plug in your township, range, and section numbers to check for water rights with points of diversion in those locations.  In addition, you may want to search for prior owners of your property.  This is also a great way to get an abstract of the rights you own.

The online and interactive mapping tool on the NDWR website is also another way to search for water rights on your property.  This search will allow you to expand on a hydrographic abstract search and look at places of use (as well as points of diversion).

4. Obtain copies of all United States land patents and GLO Surveys.

United States Land Patents are documents that give title to a portion of land that is conveyed from the government.  They were issued by the General Land Office (GLO) and can now be researched on the BLM GLO Records website. Search for your land patents by plugging in your land descriptions using the PLSS coordinates, or past owner names.  While you are on this website, make sure to look at the “Survey Plats and Field Notes” for your property.  Often times, these old surveys pre-date the land patents and the GLO “plat map” will have information as to a house, a field, a creek, or homestead entry.  Be sure to keep hard copies of all information. 

5. Use information from the U.S. Land Patents to obtain copies of Homestead Records.

Prior to receiving a land patent, applicants had to “prove up” on their homestead entry application.  Some patents were also granted through cash transactions, timber cultures, minerals, military bounty land warrants, or other means.  Various laws allowed people to apply for these lands.  Homestead records are known as Land-Entry Case Files and can be obtained through the National Archives in Washington D.C. 

If the patent date is after the water code, it is still important to order these files as water use information supports continued use, and names of entrymen will assist in pre-patent search.  These files will provide an application that will usually predate the patent by 5 years or more.  Documents within the file can also give information on when the applicant first occupied the land and describe their use of that land. Sometimes the information related to the applicant name, or their witnesses will give you information for further research. 

Use the information from the BLM GLO Records website to order these records.  The website for the National Archives can be found here.  Click on “Research Records,” then “Order Copies of Records” and use Form NATF 84 to order Land-Entry Case Files. 

6. Obtain Copies of all Nevada State Land Patents.

Nevada Land Patents were lands granted to the state by the federal government to fund agricultural colleges.  These lands were for purchase by applicants.  These records can be found by searching the Nevada Division of State Lands Patent Database. This search will provide you with patentee name, volume, and page numbers that refer to Patent Books at the Nevada State Library and Archives.  For a copy of the original patent, contact Nevada Archives and Records at (775) 684-3310.

7. Use the information from the Nevada State Land Patents to obtain copies of the entire Application and Contract Files for the State Patents.

These files can be obtained from the Division of Nevada State Lands in Carson City, Nevada.  Obtain copies of the entire file including the application, contract, and receipts.  At first glance these files will not seem like they contain much information, but upon closer examination important “pieces” will emerge — for example: an earlier application date or payment made by another source such as “Miller and Lux” with patent application filed under a different name. 

8. Complete a Chain of Title for all of the private land parcels that you own and build a “chain of interest” for all parties on public land.

Completing a Chain of Title is sometimes the first step of your research (after gathering your legal descriptions and organizing your other information).  A Chain of Title is a list of successive owners to each parcel of land, beginning from the patent (or before – see discussion on possessory claims), to the person who currently owns the land.  It includes all of the deeds that relate to that parcel from the patent to the present owner.  You can often work backwards from yourself (as the current owner), or forward from the patentee, to complete the chain of title.  The deeds (and often the patents) will be found in your County Recorder’s Office. 

Usually, there will also be “deeds” that precede the land patents, as people were claiming and filing on land for many years prior to any issuance of patents.  It is important to search for these possessory claim documents as well, as they prove use of the land and water prior to a patent or homestead.  Sometimes records were lost in fires, not recorded, lost by the owner due to a tax sale, etc., so you may have a perceived break in your chain of title.  If this occurs, note the break and try to find other records such as tax rolls or newspaper articles that could bridge the gap.  Title companies and independent researchers can help with completing Chains of Title. (Tip: It is valuable to compile a list of names from your deeds and patents to use in your research.)

A “chain of interest” is similar to a chain of title but may include who was grazing on the public land at any given time and include a chain of interest from one grazer to the next.  These are sometimes harder to research given grazing permits do not transfer by deed but can transfer or pass from one user to another through administrative assignment with the agency.  Regardless, it is helpful to have this information to support any water use on public land.

9. Use the names from your Chain of Title, Deeds, Patents, and Homestead Records to search the County Recorder’s Office for other important Records.

A.  Tax Rolls (prior to 1905 and perhaps a few years past) — These will often list cattle and livestock numbers (although the numbers may be quite low as anything asset listed would require the owner to pay taxes!).  Ranch names, locations, and cultivated acres may also be listed.

B.  Possessory Claims or Notices of Location Books — Claims on water and land were often recorded here that may predate deeds. 

C.  Miscellaneous Records — often contain contracts, leases, water claims, decrees to quiet titles, etc.

D.  Water Rights or Water Claims Books — many pre-water code water claims and possessory claims were recorded.

E.  Brand Books — Many County Recorder’s Offices hold the original brand record book for all the livestock brands that were first recorded in the area.  These books will provide proof of livestock ownership and provide a date of registration for the brand, sometimes even giving a ranch name where the brand was used.

F.  Bills of Sale — may give information on livestock sales.

G.  Mortgages and Deeds of Trust — may provide some information on hay, equipment or areas of use.

H.  Old Newspapers — search articles.  These can provide evidence of cattle and livestock use. More on newspapers later.

I.  Any other Records that you think might be of use. The above listed record books may or may not have indexes for names and dates.  Even if they do not have an index, it is valuable to scan the book page by page and search for names, places, or maps that look familiar or relate to your property.  Scanning books that do not have an index is especially important for books such as Possessory Claims or Notices of Locations as they can be very old and prove very early use of land and water.

10. Research National Bureau of Land Management (“BLM”) Records.

Original grazing applications relating to the Taylor Grazing Act of 1934 are stored in the National Archives at San Francisco in San Bruno, California. The state BLM offices may also have valuable records for you to access.

11. Research Nevada BLM Land Records Online.

Research Nevada BLM Land Records online at Nevada Land Records – Search Form (blm.gov) or go to Home | Bureau of Land Management (blm.gov).  Click on State of Nevada, then Public Room Page and scroll down to Land Records.  Search Townships and Ranges for Plat Maps, Surveys, Survey Field Notes, etc.

12. Use people’s names and place names from Deeds and other Records to search Newspapers.

Newspaper articles often provide excellent evidence for livestock use and sometimes even mention cattle numbers.  An excellent source for searching newspapers online is Newspaper Archive, although a subscription may be required.  A subscription to Ancestry® also provides access to Newspaper Archive.  This source is very valuable as many Nevada newspapers are scanned and searchable on this site. Local newspapers can be found at your County Recorder’s Office, local Museums, or on microfilm at your local library.

Tips: When searching newspapers online, use quotation marks to limit your results.  Also, remember to search for abbreviations, as well as full names for the most complete listings.  For example: search “Albert Lay,” “Albert T. Lay,” and “A.T. Lay.”  Don’t forget to search for entities as well, such as “Nixon and Lee Cattle Company.”  Sometimes searching for just a last name will yield results.  Remember, often newspapers in the past abbreviated common first names.  For example: William was abbreviated Wm, and George was Geo.  Look for these.  Remember to search for place names, such as “Jackson Ranch.”  Watch for variations in spellings — for instance Corbeal vs. Corbille.  Also, pay attention to all of the names of your springs, creeks, canyons, and wells as these will provide hints as to whom may have used them prior to you.  You may just discover for whom these were named once you’ve conducted your research.  Sometimes, you will find that name changes occurred due to mispronunciations or misspellings.  For example: Meacham Springs may have changed to Mitchum Springs or Miguel Canyon became McGill Canyon.  Be sure to note these changes in your research synopsis or summary.

13. Other Resources:

A. Census Records — can be found on www.Ancestry.com and other online sources, usually for a fee.  These records provide a time and place for people and supply yet another piece to the puzzle.  Census Records will also list occupation such as, stock raiser or farmer.

B. Nevada in Maps — (Nevada and the Great Basin Maps Collections | University of Nevada, Reno | Digital Archive (dgicloud.com)) This is another searchable source for collections of Nevada survey maps and topographical maps.

C. United States Tract Books — For more homestead information particularly relating to people that did not ”prove up” on their homesteads and cannot be found on the BLM GLO Records Site, US Tract Books can be searched.  These are on microfilm and are available through the National Archives or from Genealogical Centers at the LDS Church.  For more information on Tract Books refer to the book, Land & Property Research in the United States, By E. Wade Hone (Salt Lake City: Ancestry, 1997.)

D. USDA Farm Service Agency Aerial Photography Field Office (APFO) — You can order historic aerial photographs for specific Township and Ranges that can provide evidence for the existence of ditches, fields, and water (www.fsa.usda.gov).

E. Google Digitalized Books — Go to www.google.com, click on “more,” and then “books.”  Many books have been digitalized and are searchable through this site.  For example, searching for ‘”W.T. Jenkins” in Nevada’ will bring up various books that mention him.  Internet Archives may also be a good online resource.

F. Histories and Biographies — These are great resources to find historical information on ranch owner predecessors and their use of the range.  Many of these historical books can be found on Google Digitalized Books or at your local library.  Many can be purchased on the internet.  A few great books not to miss include:

            a. On the Hoof in Nevada, by Velma Stevens Truett, published in 1950 by Gehrett-Truett-Hall in Los Angeles.  This book is an ownership history of Nevada cattle and horse brands from 1854 to 1950.  This book provides evidence of livestock ownership and also shows dates of brand registration.  A chain of title for brand ownership is also given and can be of use when researching deeds for land ownership.

            b. Humboldt County, 1905, by Allen C. Bragg, published in 1976 by the North Central Nevada Historical Society and available for purchase from the Humboldt County Library.  This invaluable book is comprised of a series of articles written by the author in 1905 for the newspaper, Silver State, and complied by the Historical Society.  The book references numerous places and ranches throughout Humboldt County and the Lovelock Valley as Pershing County was part of Humboldt until 1919.  Descriptions of cattle numbers, acres planted, crops, or various other information are given for each location.  

            c.  Nevada‘s Northeast Frontier, by Edna B. Patterson et al, published in 1991 by University of Nevada Press — This is a great resource for Elko County and Northeast Nevada.

            d.  Nevada Place Names, by Helen S. Carlson, published in 1974 by University of Nevada Press — This book is an excellent historical reference and geographical dictionary for places all over the state.

G. Google Earth — (earth.google.com) Google Earth is free to download onto your computer.  You can view Earth by satellite image.  You can also use it to find locations by name, GPS reading or by zooming in and out.

H. Earthpoint — (www.earthpoint.us) For a small fee, you can use this site to view and locate points in Townships, Ranges, Sections, Quarter-Sections, and Quarter-Quarters that are overlaid onto Google Earth.  You can convert legal descriptions to Long/Lat readings or GPS readings and vice versa.  This site is very useful in pinpointing water sources on your property and viewing the legal land descriptions in which they lie.

I. Affidavits — Sworn statements from “old timers” and others that remember the way it was or have done research can be very valuable.  It is good to interview people that might know information on historic cattle use and then try to find documentation to confirm it.  (Tip: Follow oral history tales and lore.  There might just be something to them.)

J. Genealogical Resources — Pay close attention to various genealogical resources as these can also be used to conduct ranch research.

14. After completing the research, compile it into an organized, useable form – a Report.

There are many ways to do this.  However, one of the best ways I have found is to create a “comprehensive” report for the Proof of Vested Right that encompasses all of your research.  Often times setting up the report in chronological order makes the most sense.  Or if you have multiple properties or project areas, you may have a chronological section for each property. Much of your evidence can be considered all-inclusive. Make sure to include citations to where each piece of information is found, and then include that information as an exhibit to the report.   Be sure to include the date and source information.

15. After your research is compiled into a useable form, submit your report to Nevada Division of Water Resources with your “Proof of Appropriation”.

If you have already filed a proof of appropriation, make sure to note the vested claim number in the cover of your report.  When completing the Proof of Appropriation, you can look at examples by searching the NDWR website for other claims to see how they were completed.  Be sure to be very specific and thorough when completing the form.  A water surveyor can conduct a survey and complete a map for the proof.  For each claim that you file, list any records or documents that are specific to the claim in the “Remarks” section of the form, or simply reference your historical Report.

Conclusion

Filing Vested Right Claims (aka Proofs of Appropriation) and finding the historical support to back up these claims is an essential stage in protecting our water rights.  It is worthwhile to note that the above research steps can and should overlap with one another.  In other words, you do not necessarily need to complete one section before moving on to another.  However, if you do move on, be sure to review the other source again when you find further predecessor or place names that associate with your claim. 

             Research will be an ongoing process.  As additional information and records become available and more readily accessible, the history of use for range land and water will continue to change, develop and become more detailed.  Given the deadline to submit and file vested Proofs of Appropriation, there is no time like the present to start working on this project!

[1] Original Article entitled “How to Research your Land and Water for Proof of Vested Right Claims”, written by Katie Marvel DeLong and Schroeder Law Offices, P.C. was published in 2011. Katie Marvel DeLong is a rancher in Humboldt County and completed the research discussed in this article. This 2024 update is provided by Schroeder Law Offices, P.C.

[2] See NRS 533.087 through NRS 533.320.