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Beneficial use also includes the underlying principle of the appropriative rights system of water allocation, known as “use it or lose it.” In the West, where water resources are scarce, water users must demonstrate an actual beneficial use of water.
They cannot speculate in water rights or hold on to water rights they do not actually intend to place to a beneficial use in a timely manner.
Today, the law serves the people of Nevada by providing the rules for applying for and holding onto a water right, as well as guidelines for the state engineer in managing the state’s valuable water resources.
Nevada water law has the flexibility to accommodate new and growing uses of water in Nevada while protecting those who have used the water in the past.
All water within the boundaries of the state, whether above or beneath the surface of the ground, belongs to the public and is subject to appropriation for beneficial uses.
Nevada water law is based on two basic principles: prior appropriation and beneficial use.