Nevada Water Rights

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

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

Introduction

The phrase “vested water rights” will grab the attention of most Nevada Ranchers, as well as ranchers all across the western United States.  This is because Nevada’s water laws, like other states in the West, are founded on what is called the “prior appropriation doctrine.”  The prior appropriation doctrine allocates water based on the “first in time, first in right” principle.  Therefore, the first person to divert water and put it to beneficial use has the superior right and may take their water before junior water rights are satisfied in times of water shortage.

Nevada’s water allocation system evolved over time. Initially, the prior appropriation system arose based on the customs of early settlers rather than being based on state laws. Nevada’s surface water code came into existence on March 1, 1905.  Statutory provisions relating to artesian groundwater sources developed on March 22, 1913, and a percolating groundwater code was passed on March 22, 1939.   As a result, water rights arising after those dates must comply with Nevada’s statutory scheme, including the requirement to apply to the State of Nevada for the issuance of a water right permit prior to using waters of the state.

But what about surface water rights that arose prior to 1905, artesian rights prior to 1913 and groundwater rightsprior to 1939?  Prior to Nevada’s water code, water users did not need to apply to the state to obtain water right permits.  All that was necessary was that users diverted the water and placed it to beneficial use.  Thus, persons who began using water before Nevada started issuing water right permits for the particular water sources still have valid water rights.  Pre-code water rights are called “vested water rights.”

Vested water rights can be extremely valuable because they have the earliest priority dates.  That means that the owners of vested water rights may take water before junior water users when there is not enough water to satisfy all existing water rights from a particular source.  Nevada is the driest state in the nation (measured by average annual precipitation), and thus vested water rights are highly coveted by Nevada water users.

Vested water rights start as vested water right “claims.”  Persons using water rights dating back prior to the Nevada water code must make a claim of right with the Nevada State Engineer.  Although claims are typically submitted to the State Engineer after the initiation of a stream adjudication, they can be made at any time   A stream adjudication is the process by which the state can determine all the water rights along a particular waterway or within a particular water basin, including individual water rights, Indian water rights and federal water rights.   All persons with water rights must submit claims to the State Engineer in order to be issued a “decreed” or “determined” right upon the conclusion of the stream adjudication with the earliest priority date of use taking precedence.

It is vital for a vested water right holder to prove his claim with sufficient records and documentation.  A claimant must prove that the claimed water use began prior to the relevant water code date, and must prove continual use up to the present time.   This can prove to be a daunting task given the historical proof that is required in order to prove a pre-code, vested water right.

Proof of continuous use is important in order to prove that a water right has not been forfeited or abandoned.  Abandonment may occur when a water user fails to use his water and manifests his intent to abandon the water right. Forfeiture may occur when a water user fails to exercise his water right for a period of five or more consecutive years.  All types of water rights, whether permitted, certificated, vested, adjudicated, or un-adjudicated, are subject to abandonment and forfeiture.  When a water right is abandoned or forfeited the right reverts to the state to hold for the public, and may be appropriated by another water user.

If the State Engineer determines that a water right is about to be forfeited or appears to have been abandoned, they will send notification by mail to the record owner of the water right in order to allow the owner to correct the situation.For this reason, it is very important that water right owners send a Report of Conveyance (“ROC”) to the State Engineer when they obtain property with appurtenant water rights. The ROC allows the State Engineer to update the state’s records concerning ownership. If the records are not updated, the most current owner will not receive notification regarding potential abandonment or forfeiture. Additionally, the State Engineer will not take any action regarding requested changes to the water right unless the ownership is up to date.

Why should land records and water rights be researched?

Researching land records and water rights is essential to knowing what rights are held by the property owner.  A thorough inquisition into land records and water rights will produce evidence affirming the ownership of those rights.  Furthermore, the evidence obtained will be instrumental in proving which rights have the earliest priority dates, which is important if a vested water right claim is challenged or adjudicated.  Documentation to support a vested water right claim may protect a water right holder from forfeiture.  More and more people are realizing the significance of getting their records, documentation, and vested water claims filed prior to any initiation of adjudication in order to protect and validate their rights.

When researching land records and water rights, 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 yield a significant amount of information, but all of the pieces together provide a clear and complete picture of historical land and water use.

In addition, when dealing with vested water claims for stock watering, it is essential to keep in mind a few basic historic facts regarding cattle ranching in Nevada.  First, in the late 1800s and early 1900s, 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.  Out of necessity, it was 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 livestock water sources 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, the land owner can provide evidence for beneficial use of water, stock watering, to support the vested water claim.

What is involved in researching property?

Research is a time consuming task which requires that the researcher be highly motivated.  It can often be difficult for one person to thoroughly research a vested water right claim, especially when competing with the required work to run and maintain a ranch or other full-time job.  In addition, researching land records and water rights is not free; fees are generally charged for obtaining copies of records, and research professionals, if utilized, must be compensated.

However, there are many resources and people available that can assist with research projects of this nature, including internet sites, informative books, independent researchers, and title companies, to name a few.  Enlisting help in your research endeavor can yield significant benefits, so do not be afraid to engage support, either paid or volunteer, for this project!

Steps for Researching Your Vested Water Right Claims

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

Although basic, the first step to researching your vested water right claim is to determine the legal description of your property.  A good starting place is the deed to your property.  If the deed is not in your possession, it can be obtained from the County Assessor’s Office in the county in which your property is located.  You will want to request copies of the deed as well as parcel maps showing your property on township, range and section coordinates.  Many County Assessor’s offices now have property ownership information online.  Try to search online before going into the physical office.  You may be able to refine your search on your own so that you are better prepared when you go into the office.  You will have more success finding what you are looking for if you are well prepared.

The reason it is so important to obtain parcel maps as well as the legal property description in the deed is because oftentimes legal descriptions are not extremely helpful to the layman property owner.  Many property descriptions are based on geographical monuments which may or may not exist presently.  In addition, many property descriptions use measurements such as “chains” and “rods” that are no longer commonly used.  However a quick search in Google, you can find the conversion table specific to your geographic region.  Finally, water rights are described based on the township, range and section from which they are diverted and placed to beneficial use.  You will want to know the township, range and section of your property in order to describe the point of diversion and place of use for your vested water right.

2. Compile and organize all relevant information that you already have.

Compiling the relevant information currently in your possession will be important in order to concentrate your research on information still needed, rather than spending time researching topics that have already been covered.  To that end, gather copies of deeds, copies of existing water rights, parcel maps, allotment maps, and any prior research you or someone else has done.

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

In Nevada, water rights are appurtenant to property.   Therefore, when property is sold to a new owner, the previous owner’s water rights will go with the land, unless specifically reserved by the seller.   Even if a seller reserves the water rights, thus selling the land without the water, the water rights will be appurtenant to the land until the owner transfers them to a new place of use by means of a transfer application filed with the Nevada State Engineer.

A good starting place to research whether there are water rights which are appurtenant to your property or to your grazing allotments is to search the Nevada Division of Water Resources website.  The website provides a tool called the “hydrographic abstract” in which you can type the township, range and section of your points of diversion in order to find your water rights.   Because the hydrographic abstract tool searches for points of diversion, a good tip is to search for a larger area than your place of use in order to make sure you find all water rights that are potentially appurtenant to your property.

You may find water rights appurtenant to your property or allotments which are not in your name.  This is likely because conveyances from prior property owners or grazing permittees were not reported to the State Engineer.  It is important to update the ownership records for such water rights.

In order to update your ownership, a Report of Conveyance (“ROC”) must be filed with the State Engineer.  A new property owner should submit a ROC form, an abstract of title with deeds or other documents evidencing the chain of title from the last recorded water owner to you, and the required filing fees.  You may need to obtain a title report from a title company in order to complete your ROC.  A letter from the Bureau of Land Management (“BLM”) may be necessary to alert the State Engineer that you are the current permit holder for a certain allotment.  Instructions for completing this process as well as example documents may be found on the Nevada Division of Water Resources website.

4. Obtain copies of all United States land patents and information pages.

United States Land Patents are the initial conveyances of land from the federal government to individuals.   Patents were generally 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 or past owners’ names.  Remember to keep hard copies of all information found on the internet!

5. Use information from the U.S. land patents to obtain copies of Homestead records.

On May 20, 1862, Congress passed the Homestead Act and President Abraham Lincoln signed the Act into law.   The Act encouraged western settlement by giving homesteaders 160 acres of land; all that was required was that those staking a claim pay a small filing fee and reside on the land for five years.   Alternatively, homesteaders could pay the government $1.25 per acre rather than waiting five years.   Once settlers met the conditions of the land grants under the Homestead Act, they were entitled to be issued patents from the federal government.  Some other types of land grant Acts such as, timber and mineral also allowed for similar processes to obtain land use patents. Thus, depending on the type of patent or mineral rights determined for your property, research may be required through other agencies.

Once you have information regarding the initial land patent from the federal government for your property, it will be easier to find Homestead information.  Homestead records are known as Land-Entry Case Files and can be obtained through the National Archives in Washington D.C.   These files will provide an application that will usually predate the patent by five years or more.  Documents within the file can also bring to light information about when the applicant first occupied the land, and may describe the settler’s use of that land.  You may use the information from the BLM GLO Records website to order Homestead records from the National Archives.

6. Obtain Copies of all Nevada state land patents.

Nevada state land patents, like federal land patents, are grants from the State of Nevada to the first private owner.  Nevada became a state in 1864, and as such the federal government granted the state 90,000 acres of previously federal land, called the “federal land donation.”   The state also received other federal lands through various acts aimed at settling the West.  The state was authorized the sell state lands to raise funds for various purposes including to fund a state agricultural college. Nevada state land patent records can be found by searching the Nevada Division of State Lands Patent Database. To use this search, you must have your township, range and section information.  This search may provide you with the original patentee’s name, as well as the volume and page number on which to find the state patent in the Nevada State Library and Archives patent books.  For a copy of the original patent, contact Nevada State Library and Archives.

7. Use information from the Nevada state land patents to obtain copies of the entire application and contract files for the state patents.

Next, you should obtain copies of the entire Nevada state land patent application and contract files.  At first glance, it may look as if these files do not contain much useful information.  However, upon closer examination, important pieces of your land research puzzle will emerge.  For example, the file may contain an earlier application date or payment made by another source, such as “Miller and Lux” (one of the largest land owners and ranching operations in the late 1800’s and early 1900’s), with patent applications filed under a different name.    The complete Nevada state land patent application and contract files may be obtained from the Nevada Division of State Lands in Carson City, Nevada.

8. Complete a chain of title for all of the land parcels that you own.

A “chain of title” is a report that traces ownership of your property from the property’s very first owner, the federal government up through the current owner.  Because research steps are not necessarily in a required order, many researchers consider completing a chain of title as the first step.  However, due to the fact that the original federal and state patents are part of the chain of title and can assist in completing it, it is often a valuable to obtain them first.  A chain of title report may be obtained from any title company.  The cost will vary based on the size and number of parcels to be researched. The produced title report will be very detailed, and should include all of the patent, deed and easement documents from the time of the initial patent to present ownership.  If you choose to complete your chain of title without the aid of a title company, the only charges you will incur are copying fees to copy the records at the County Recorder’s Office.

To research your chain of title, you should go to your local County Recorder’s Office. There, you will find indexes of recorded titles.  There may be both a grantor-grantee index as well as a parcel index, although the grantor-grantee index is more common.  The grantor-grantee index allows you to look up recorded conveyance documents by the names of the parties to the transaction. For instance, start by looking up the name of the person who sold you your property.  Then look up the person who sold the property to him, and so on and so forth.  You may want to work backwards from the most current deed and forwards from the original patents in order to complete the chain of title.  A parcel index is easier to use, but is not always available.  A parcel index will have all conveyance documents affecting a certain parcel of land filed by the parcel description, and so extensive searching through the records books will not be necessary.

Make sure to check for documents preceding the initial land patents.  There may be claims on the land many years prior to the issuance of patents, and it is important to search for these documents as well because they may help to prove use of the land and water prior to a patent or homestead.  Because some of the records in your chain of title may be very old, certain records may have been lost in fires or not recorded.  Thus, there may be holes in the chain of title.  If you find this to be the case, you can try to find alternative types of records, such as tax rolls or newspaper articles that can help bridge the gap.

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.

During the research phase, be sure to make copies of everything you find and note where it was found, including the book, the volume and the page numbers.  Be sure to note the date as well as other identifying information.  Other important records to search may include:

  1. Tax Rolls prior to 1905: These will often list cattle and livestock numbers (although the numbers may be quite low).  Ranch names, locations, and cultivated acres may also be listed.
  2. Possessory Claims or Notices of Location Books: Claims on water and land were often recorded here, and such claims may predate patents and deeds.
  3. Miscellaneous Records: Records often contain contracts, leases, water claims, decrees, or quiet title judgments.
  4. Water Rights or Water Claim Books: These are where many water claims and possessory claims are recorded.  In fact, water right numbers are based on the page numbers in the books in which they are recorded.
  5. Brand Books: Many County Recorder’s Offices hold the original brand record books for all the brands that were recorded in the county.  These books will provide proof of livestock ownership and provide the date of registration for the brand, sometimes even giving a ranch name where the brand was used.
  6. Bills of Sale: These documents may give information on livestock sales.
  7.  Mortgages and Deeds of Trust: These documents may provide some information on farm products (such as hay), farm equipment, the land and improvements to the land, and area of use.
  8. Newspapers: Search for historical articles which can provide evidence of cattle and livestock use.  Early newspaper articles may be found at certain libraries using microfilm/microfiche machines.  Ask your librarian for help navigating these early records.
  9. Probate records: When persons pass away, their estates must often be probated to determine the appropriate heirs to inherit their property, including real property.  Sometimes property ownership transfers by inheritance will not be recorded in the county records, and so a search of probate records may be necessary to complete your chain of title.
  10. Any other records on topic that 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 the property being researched.  Scanning books that do not have an index is especially important for Possessory Claims or Notices of Locations books, as such books can be very old and may provide valuable information about the early uses of land and water.  You may want to copy such records and scan them into your computer for later use in compiling your water use summary and exhibits.

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

In 1934, Congress passed the Taylor Grazing Act and President Roosevelt signed the Act into law.  The Act directed that land which was valuable for grazing and forage crops be placed into grazing districts in order to prevent overgrazing and soil deterioration. The Act required that permits be issued for grazing on public lands within the district boundaries, and leases for grazing on public lands outside the district boundaries.

Original grazing applications relating to the Taylor Grazing Act of 1934 are stored in the “National Archives at San Francisco,” which is actually located south of San Francisco in San Bruno, California.   Your state and local BLM offices may also have valuable records that are accessible to researchers.  You should contact your state and local BLM offices directly to find out if such records are available.

11. Research Nevada BLM land records online.

Another useful tool for searching land records is the Nevada BLM website.   On the website, you can access documents such as title records, cadastral survey records, master title plats, use plats, mineral surveys, survey field notes, Homestead entry surveys and more.  You will need to search by township, range and section coordinates.  You should become familiar with the website because a lot of free information may be obtained there.  If the full records are not on the website, the plats and surveys will give you useful hints about where to look for the full records.

12. Use names and place names from deeds and other records to search newspapers.

Newspaper articles often provide evidence for livestock use and sometimes even mention cattle numbers.  An excellent source for searching newspapers online is Newspapersarchive.com, although a subscription is required.  A subscription to Ancestry.com also provides access to Newspapersarchive.com.  Newspapersarchive.com is a valuable historical resource for Nevada residents because many Nevada newspapers are scanned into the website’s database and searchable on this website.  A free source for online newspapers is the Library of Congress’s Chronicling America website (http://chroniclingamerica.loc.gov/), although not many Nevada newspapers are included in the site’s database.

Humboldt County Library has an online newspaper index for Humboldt County Newspapers through the late 1800s at RootsWeb.  Click on “Index of All Search Engines and Databases,” then “Newspaper Indexes” to search.  Copies of articles can be found on microfilm at the Humboldt County Library.  Other libraries may also have searchable sites or indexes.  Local newspapers can be found at local County Recorder’s offices, local museums, or on microfilm at your local library.  Sometimes independent researchers have indexes to various newspapers that they have created themselves.  You can hire an independent researcher to search such indexes on your behalf for a fee.

It is important to use expansive search terms to yield the most accurate results.  To that end, include abbreviations as well as full names for the most complete listings.  For example, search “Albert Lay,” “Albert T. Lay,” and “A.T. Lay.”  It is also important to search for entities as well as persons, such as “Nixon and Lee Cattle Company.”  Sometimes searching for just a last name will yield results.  Often newspapers in the past abbreviated common first names—William was abbreviated Wm, and George was Geo.  Use these abbreviations as search terms as well in order to conduct a comprehensive search.  However, if you are finding that you are getting too many search results, make sure you are putting quotation marks around your search terms.  Otherwise, you will receive results from all possible combinations of the words you enter.  Also, try searching for place names in addition to property owners.

Finally, watch for variations in spellings.  For instance, search for both Corbeal and Corbille.  Sometimes name changes occurred due to mispronunciations or misspellings, so it is useful to search for a variety of spellings.  For example, Meacham Springs may have changed to Mitchum Springs or Miguel Canyon to McGill Canyon.  Be sure to note these changes in your research notes and summary.

Be sure to note all of the names of springs, creeks, canyons, wells, etcetera on the property.  Such names can provide important clues and hints as to who may have used them prior to the current owner.  This research may reveal the namesake for these landmarks, which will lead to additional search terms that can widen possible research topics.

13. Other Resources:

  1. Census Records can provide information for dates and locations of people and often list occupations, such as stock raiser or farmer.  Census records are available online at www.ancestry.com.
  2. Nevada History in Maps is a website which is another searchable source for collections of Nevada survey maps and topographical maps.  This resource is available online at www.delamare.unr.edu/maps/digitalcollections/nvhistory.
  3. United States Tract Books are useful resources for homestead information, particularly relating to people that did not prove up on their homesteads and cannot be found on the BLM GLO records site.  U.S. Tract Books can be searched, and are found on microfilm 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).
  4. USDA Farm Service Agency Aerial Photography Field Office (APFO) is a resource through which to obtain historic aerial photographs for specific townships and ranges that can provide evidence for the existence of ditches, fields, and water sources.  This resource is available online at www.fsa.usda.gov.
  5. Many books have been digitized and are searchable through the Google Books website (books.google.com).  For example, searching for “W.T. Jenkins” in Nevada will bring up various books that mention him.
  6. Histories and biographies are great resources to find historical information on ranch predecessors and previous use of the range.  Many of these historical books can be found on Google Books or at the local library.  Local libraries are great resources because they may have books written by local residents which are not widely available.  Many can be purchased on the internet.  A few useful books include:
    1. 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.  It provides evidence of livestock ownership and also shows dates of brand registrations.  A chain of title for brand ownership is also provided, and can be of use when researching deeds for land ownership.
    2. 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 book is comprised by a series of articles written by the author in 1905 for the newspaper Silver State and compiled by the Historical Society.  The book references numerous places and ranches throughout Humboldt County and the Lovelock Valley (Pershing County was part of Humboldt County until 1919).  Descriptions of cattle numbers, acres planted, crops, and other information are available for each location.
    3. 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.
    4. 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.
  7. Google Earth (earth.google.com) is a program which may be downloaded onto your computer for free.  Through this program, the user can view Earth by satellite images.  It can also be used to find locations by name, GPS reading, or by zooming in and out.
  8. For a small fee, Earthpoint (www.earthpoint.us) can be used to view and locate points in townships, ranges, sections, quarter-sections, and quarter-quarters that are overlaid onto Google Earth.  The user can convert legal descriptions to longitude-latitude readings or GPS readings and vice versa.  This site is very useful for pinpointing water sources on a property and viewing the legal land descriptions near which they lie.
  9. Affidavits, which are sworn statements, from “old timers” and others that remember the way it was or have done research can be very valuable.  It is a good idea to interview people that might know information on historic cattle use and then find documentation to confirm this anecdotal evidence.  Following oral historical tales and folk lore can lead a researcher to more keywords for searches or new information sources.
  10. Genealogical resources can also be useful to conduct ranch research because they will potentially yield more property owner names, thus creating more search terms to be researched.

14. After completing the research, compile it into an organized and useable form.

There are many ways to organize information.  One of the most effective ways, however, is to create a comprehensive proof of vested right that encompasses all of the research completed.  Start by organizing all your evidence.  Take each type of evidence you have found, such as U.S. Patents, Homestead documents, Nevada State Patents, etcetera, and label the documents under the group headings “Exhibit A,” “Exhibit B,” “Exhibit C” and so on.  Individual documents within each category can be labeled “Exhibit A-1” and “Exhibit A-2.”  Consider drafting mini summaries or short synopses of the documents contained in each category.  Be sure to include the sources for the documentation and information you use.

After you have organized your exhibits and drafted mini summaries or synopses of your documents, draft a comprehensive summary of all your research, listing what you have found and why the evidence proves a claim for a vested water right.  You should reference the exhibits in your summary.  Make sure your summary includes the earliest date you can claim for a vested water right based on your research.

 15. File a proof of vested water right.

After the research is compiled into a useable form, file a proof of vested right using the proof of appropriation forms from the Division of Water Resources website.  These forms are available at www.water.nv.gov/forms.  Look at examples of vested claims by searching the website for neighbors and ranchers in the area to see how they completed their proofs.  It is essential to be very specific and thorough when completing the form.

A water surveyor can conduct a survey and complete a map for the proof, or you can also use Google Earth and Earthpoint to do this yourself.  However, if you decide not to employ a water surveyor and a conflict occurs requiring that your water rights be adjudicated, you will then have to have a water surveyor complete the survey for your claim to be valid in court.  For the purpose of getting your vested rights on file, it is acceptable to complete this component without a water surveyor.

For each claim that you file, list any records or documents that are specific to the claim in the “remarks” section of the form, and then reference your exhibits.  The exhibits will only need to be filed once.  For any subsequent claims, state that the exhibits are “already on file” and specify the vested water right proof number that they are filed under, which will eliminate the need to re-file the exhibits.  Throughout this process, remember to keep copies of the documents for your personal records.

Conclusion

Filing vested water right claims and compiling the necessary research to support those claims are essential steps for protecting your water rights.  It is worthwhile to note that the above research steps can and should overlap one another; it is not necessary to complete one section before beginning another.  However, if your research plan does not follow these steps sequentially, be sure to review the previous sources again when further information is discovered.

Research will be an ongoing process.  As additional information and records become more readily accessible, the history of use for range land and water will continue to change, develop and become more detailed.  The more ranchers that decide to carry out this process, the better off the entire industry is going to be because more historical information will be generated, which is vital in sustaining the ranching livelihood.

Documentation is crucial, not only to protect landowners’ rights, but also to protect the rights of future generations.  If the next generations decide to continue with this wonderful, rewarding, yet often challenging lifestyle, it is up to the current generation to ensure that they have the opportunity to do so and that their rights are safeguarded.  Our hope is that this article can be of some use to you in your pursuit to file your vested water right claims.

Katie DeLong is a fifth generation cattle rancher in northern Nevada.  She ranches with her family near the Black Rock Desert.  Katie is a teacher, wife, and mother of three.  She can be contacted at (775) 941-0196.

Schroeder Law Offices, P.C. is a law firm with offices in Reno, Nevada and Portland, Oregon.  Its attorneys are licensed to practice law in Nevada, Oregon, California and Washington.  Schroeder Law Offices focuses mainly on water law, property law and public lands issues.  Please visit the firm’s website at www.water-law.com, or contact the firm at (503) 281-4100, (775) 786-8800, or by email at counsel@water-law.com. Sarah Liljefelt and Therese Ure are attorneys with Schroeder Law Offices.

Nevada Division of Water Planning, Nevada State Water Plan, Part 1, Section 6, Glossary of Terminology, available athttp://water.nv.gov/programs/planning/stateplan/documents/pt1-sec6.pdf, last viewed September 27, 2011. See also, Nevada Division of Water Resources, Nevada Water Law: Water Law Overview, available at:http://water.nv.gov/waterrights/waterlaw/index.cfm, last viewed September 27, 2011.

Id.

Nevada Division of Water Resources, Nevada Water Law: The Role of the State, available at:http://water.nv.gov/waterrights/waterlaw/state_role.cfm, last viewed September 27, 2011.

Id.

Nevada Division of Water Resources, Nevada Water Law: Water Permits, available at:http://water.nv.gov/waterrights/waterlaw/water_permits.cfm, last viewed September 27, 2011.

Anderson Family Associates v. Hugh Ricci, P.E., 124 Nev. 182, footnote 13 (2008).

Bureau of Land Management, Nevada Water Rights Fact Sheet, available athttp://www.blm.gov/nstc/WaterLaws/nevada.html, last viewed September 27, 2011.
NRS 533.024(2) 2011.

Id; see also, Anderson Family Associates, 124 Nev. at 188.

US Geological Survey, Nevada Water Science Center, Surface-Water Information and Data, available at:http://nevada.usgs.gov/water/infodata/surfacewater.htm, last viewed September 27, 2011.

Bureau of Land Management, Nevada Water Rights Fact Sheet, supra note 9.

Id.

Id.; NRS 533.024(2) 2011.

Bureau of Land Management, Nevada Water Rights Fact Sheet, supra note 9; NRS 533.430(1) 2011.

Id.

See generally, Revert v. Ray, 95 Nev. 782 (1979); NRS 534.090(4).

NRS 534.090(1); see also, Preferred Equities Corp. v. State Engineer, State of Nevada, 119 Nev. 384 (2003).

Id. However, not all water rights from certain sources are subject to abandonment. NRS 533.060.

Id.

NRS 534.090(1) and (4).

The Report of Conveyance form is available online at: http://water.nv.gov/forms/.

Division of Water Resources v. Foley, 121 Nev. 77, 82 (2005).

This resource can be found at www.water.nv.gov.

Nevada Division of Water Resources, Guidelines for Transferring Ownership of Water Rights, available at:http://water.nv.gov/forms/forms09/ROC_Guidelines09.pdf, last viewed September 27, 2011.

Id.

http://water.nv.gov/data/hydrographic/

See footnotes 22-23, supra, and accompanying text.

See http://water.nv.gov/forms/forms09/ROC_Guidelines09.pdf. Also, the staff engineer is available by calling the Division of Water Resources at (775) 684-2800.

Bureau of Land Management, General Land Office Records, available at: http://www.glorecords.blm.gov/, last viewed September 27, 2011.

Id.

Library of Congress, Homestead Act, available at: http://www.loc.gov/rr/program/bib/ourdocs/Homestead.html, last viewed September 27, 2011. A full version of the Homestead Act may be accessed at: http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=012/llsl012.db&recNum=423, last viewed September 27, 2011.

Id.

Id.

This resource can be found at www.archives.gov, last viewed September 27, 2011. Complete Form NATF 84 to order Land-Entry Case Files. The records cost $40 per file.

Nevada State Library and Archives, Surveyor General and State Land Office, available at:http://nsla.nevadaculture.org/index.php?option=com_content&task=view&id=922&Itemid=418, last viewed September 27, 2011.

Id.

Id.

This resource is available at www.lands.nv.gov/patents/patents.htm, last viewed September 27, 2011.

The Nevada State Library and Archives can be contacted at (775) 684-3310; see also,http://nsla.nevadaculture.org/index.php?option=com_content&view=article&id=550&Itemid=516, last viewed September 27, 2011.

The Division of Nevada State Lands can be contacted at (775) 684-2702; see also, http://www.lands.nv.gov/index.htm, last viewed September 27, 2011.

Taylor Grazing Act, 43 U.S.C. 315 (1934).

U.S. Department of the Interior, Bureau of Land Management, The Taylor Grazing Act, available at:http://www.blm.gov/wy/st/en/field_offices/Casper/range/taylor.1.html, last viewed September 27, 2011.

Id.

Id.

See http://www.archives.gov/pacific/san-francisco/, last viewed September 27, 2011. Contact the National Archives at San Francisco at (650) 238-3501 or by email at sanbruno.archives@nara.gov.

See http://www.nv.blm.gov/LandRecords/help.html#type, last viewed September 27, 2011.

If you use Ancestry.com to access Newspapersarchive.com, it is useful to click on “search” and then click on “go to old search.” This will allow you to open the “stories and publications” tab to specifically search newspapers.

See http://rootsweb.ancestry.com/, last viewed September 27, 2011.

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