543.440 - Use of property taken by eminent domain declared public use; diversion of water.

543.440  Use of property taken by eminent domain declared public use; diversion of water.

      1.  It is hereby declared that the use of the property, lands, rights-of-way, easements or materials which may be condemned, taken or appropriated under the provisions of NRS 543.170 to 543.830, inclusive, is a public use subject to the regulation and control of the State in the manner prescribed by law.

      2.  The provisions of NRS 543.170 to 543.830, inclusive, do not authorize any district or person to divert the waters of any river, creek, stream, irrigation system, canal or ditch from its channel to the detriment of any person having any interest in that river, creek, stream, irrigation system, canal or ditch or the waters thereof or therein, unless previous compensation is first ascertained and paid therefor under the laws of this state authorizing the taking of private property for public use.

      (Added to NRS by 1961, 432; A 1987, 723)