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2011 Nevada Attorney General Reports and Opinions 1 (2011)

handle is hein.sag/sagnv0036 and id is 1 raw text is: STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL 100 North Carson Street Carson City, Nevada 89701-4717 CATHERINE CORTEZ MASTO Attorney General KEITH G. MUNRO Assistant Attomey General GREGORY M. SMITH Chief of Staff January 25, 2011 OPINION NO. 2011-01 GUZZLERS. STATE ENGINEER; WATER: Water rights holders who can show that their adjudicated, pre-statutory vested, or permitted water rights cannot be satisfied because excessive precipitation is being intercepted by guzzlers should petition the State Engineer to stop the capture of precipitation to the extent necessary to protect the senior water nghts. Ramona Morrison, Vice Chairman Nevada Board of Agriculture 405 South 21st Street Sparks, Nevada 89431 Dear Ms. Morrison: You have asked for an opinion from this Office based on the following question: Does the State Engineer have the authority to allow Nevada Department of Wildlife, Bureau of Land Management, or United States Forest Service to install rainwater catchments commonly known as guzzlers without a water right permit? Peter G. Morros, State Engineer, wrote a letter to both the Nevada Department of Wildlife and the Bureau of Land Management on July 23, 1982, in which he stated, the placement of guzzlers as watering sources for wildlife only falls within the authority of NRS 533.367 and therefore need not comply with the statutory requirement of appropriation of public waters under the provisions of NRS Chapter 533. (Emphasis in original.) Telephone 775-684-1100 * Fax 775-684-1108 * www.ag.state.nv.us * E-mail aginfo@ag.state.nv.us