533.125 - Commencement of taking of proofs; extension of time; determination of rights if claimant neglects or refuses to make proof.

533.125  Commencement of taking of proofs; extension of time; determination of rights if claimant neglects or refuses to make proof.

      1.  The State Engineer shall commence the taking of proofs on the date fixed and named in the notice provided for in NRS 533.110 for the commencement of the taking of proofs. The State Engineer shall proceed therewith during the period fixed by the State Engineer and named in the notice, after which no proofs shall be received by or filed by the State Engineer. The State Engineer may, in his or her discretion, for cause shown, extend the time in which proofs may be filed.

      2.  Upon neglect or refusal of any person to make proof of his or her claim or rights in or to the waters of such stream system, as required by this chapter, prior to the expiration of the period fixed by the State Engineer during which proofs may be filed, the State Engineer shall determine the right of such person from such evidence as the State Engineer may obtain or may have on file in the Office of the State Engineer in the way of maps, plats, surveys and transcripts, and exceptions to such determination may be filed in court, as provided in this chapter.

      [25:140:1913; A 1915, 378; 1919 RL p. 3230; NCL § 7912]