533.355 - Receipt of application; return for correction or completion; priority of returned application; rejection; recording.

533.355  Receipt of application; return for correction or completion; priority of returned application; rejection; recording.

      1.  Upon receipt of an application, the State Engineer shall make an endorsement thereon of the date of its receipt and shall keep a record of the date. The State Engineer shall provide the application forms at no cost to the applicants.

      2.  Except as provided in subsection 3, if upon examination, the application is found to be defective, it must be returned for correction or completion with advice of the reasons therefor, and the date of the return must be endorsed upon the application and a record made of it in the Office of the State Engineer. An application does not lose its priority of filing on account of defects if the application, properly corrected and accompanied by such maps and drawings as may be required, is filed in the Office of the State Engineer within 60 days after the date of the return to applicant. Any application returned for correction or completion, not refiled in proper form within the 60 days, must be cancelled. For good cause shown, upon application made prior to the expiration of the 60-day period, the State Engineer may, in his or her discretion, grant an extension of time not to exceed 60 days in which to file the instruments.

      3.  If it appears to the State Engineer that an application, which contains information of sufficient accuracy to determine the manner of use and the location from which the water is to be diverted, must be rejected, the State Engineer may reject it without returning it for correction.

      4.  All applications which comply with the provisions of this chapter must be recorded in a suitable book kept for that purpose.

      [60:140:1913; 1919 RL p. 3239; NCL § 7945]—(NRS A 1971, 179; 1981, 358)