- Nevada's water law is based on statutes enacted in 1903 and 1905 and are founded on the principal of Prior Appropriation. Unlike some other states, Nevada has a statewide system for the administration of both ground water and surface water. Appropriative water rights are based on the concept of applying water to Beneficial Use and "First in Time, First in Right." Appropriative water rights can be lost through nonuse and they may be sold or transferred apart from the land. Due in large part to the relative scarcity of water in Nevada and numerous competing uses, Nevada has had a thriving market for water transfers for a number of years.-
Irrigated farmland, once granted, water rights in Nevada have the standing of both personal and real property- meaning they are conveyed as an appurtenance to real property unless they are specifically excluded in the deed of conveyance. It is possible to change the water's point of diversion, manner of use and place of use by filing the appropriate application with the state engineer.
Through the Lincoln County Land Act additional lands will be sold at public auction in the future. These lands will be sold without water rights. Past sales under this congressional Act include Toquop, on the Southern edge of Lincoln County bordering Mesquite, Nevada.
Valuable Resources and Complicated Issues Deserve Professional Representation. Contact Chris W. Miller to discuss purchasing Nevada land or Listing your Farm or Ranch.
