536.080 - Right of person or entity constructing, operating or maintaining ditch or flume; prior or existing claim or right not interfered with.
536.080 Right of person or entity constructing, operating or maintaining ditch or flume; prior or existing claim or right not interfered with. Each person or entity constructing, operating or maintaining a ditch or flume under the provisions of NRS 536.060 to 536.090, inclusive, has the undisturbed right and privilege of flowing water through the same, to the full extent of its capacity, for mining, milling, manufacturing, agricultural and other domestic purposes, whether for use by the person or entity or for delivery to others, and to use the same at any necessary and convenient point or points along the line thereof, but nothing contained in NRS 536.060 to 536.090, inclusive, shall be so construed as to interfere with any prior or existing claim or right.
[3:100:1866; A 1889, 96; C § 427; RL § 4712; NCL § 7999]—(NRS A 2009, 703)
NRS 536.090 Applicability of NRS 536.060 to 536.090, inclusive. NRS 536.060 to 536.090, inclusive, shall apply, and the rights and privileges therein conferred shall inure, to the benefit of all persons or corporations who have, prior to March 3, 1866, constructed, and now maintain, ditches, flumes or aqueducts in this state, from whatever source they may have procured water, such persons or corporations being required to make and file the certificate mentioned in NRS 536.060, and upon such filing, the person or persons filing the same shall be authorized, from time to time, to extend the ditch or flume, and proceed to condemn private property for such ditch or flume, or for any reservoir or reservoirs connected, or to be used in connection, with such ditch or flume, as provided in NRS 536.070.
[4:100:1866; B § 3855; BH § 365; C § 428; RL § 4713; NCL § 8000]