Nevada Geothermal Water Access & Water Rights(19-NV)

The state of Nevada defines geothermal energy and associated resources as: “the natural heat of the earth and the energy associated with that natural heat, pressure and all dissolved or entrained minerals that may be obtained from the medium used to transfer that heat, but excluding hydrocarbons and helium.” NRS 534A.010.

The definition does not expressly reference water or fluids. Additionally, the owner of the surface estate owns the rights to the underlying geothermal resources, unless the geothermal resources have been otherwise reserved or conveyed. NRS 534A.050.

Generally, the use of water in Nevada requires an appropriative right and only extends to the amount put to beneficial use. NRS 533.372. However, only consumptive uses of water brought to the surface outside of a geothermal well are subject to the appropriation procedures of NRS 533 and 534 unless:

The water that is removed from an aquifer or geothermal reservoir to develop and obtain geothermal resources is returned to or reinjected into the same aquifer or reservoir; or
Reasonable loss of water results from geothermal well testing or temporary failure of all or part of a system that removes water from an aquifer or geothermal reservoir, transfers the heat from the water and reinjects that water into the same aquifer or reservoir.

NRS 534A.040.

As such, developers that remove and reinject water in a “closed loop” system in order to obtain geothermal resources are not subject to the appropriation rules in NRS 533 and NRS 534.

For ancillary water uses involved in geothermal development projects (cooling water, dust suppression, etc.), developers will likely need to obtain water through municipal or governmental supplies, private lease supplies, by purchase, or a new or changed water right. The Nevada Division of Water Resources (NDWR) administers the rules and regulations pertaining to water rights and should be consulted throughout any processes related to water rights and water access.

Purchased water rights must be conveyed by deed and recorded in the office of the county recorder of each county in which the water is applied to beneficial use and in each county in which the water is diverted from its natural sources. NRS 533.382. Developers who purchase or lease a water right must also file a Report of Conveyance with the NDWR.

Change of Use

If the developer intends to purchase or lease a water right that requires a change in the manner of use, place of use, or point of the diversion, the water right owner/lessor or the developer must submit a Water Right Change application to the NDWR and receive permission to change the use. NRS 533.325

Appropriation of Water

If seeking to appropriate water, the water must be available for appropriation. Developers may submit a Water Right Application to the NDWR. While applications to appropriate surface and groundwater are largely the same, groundwater applications may have additional requirements. For example, if the appropriation is for groundwater within a designated groundwater basin, the NDWR must confer with the relevant groundwater board. If the NDWR approves the application, the developer must construct works necessary to pump/divert the water, put the water to beneficial use, and file proof of both activities with the NDWR.

More Information

Determine Which State and Federal Permits Apply

Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.