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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

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