Thinking about buying a home or acreage in Fallon? Water is a make-or-break factor here, and the rules are not always obvious. You want a reliable supply for your household, and possibly for landscaping or small livestock, without surprises after closing. In this guide, you’ll learn how Nevada water rights work, what to know about domestic wells, and the exact steps to check a property’s water before you make an offer. Let’s dive in.
Nevada water law basics
Prior appropriation in plain terms
Nevada follows “first in time, first in right.” That means the priority date attached to a water right controls who gets water first during shortages. Senior rights are satisfied before junior rights.
Who regulates water locally
The Nevada State Engineer within the Division of Water Resources administers both surface and groundwater. In Churchill County, most rural parcels rely on groundwater wells outside the City of Fallon’s utility service area. Some basins have special status or restrictions, so you should confirm the specific basin rules that apply to any parcel.
Surface vs. groundwater
Surface water rights
A surface right allows diversion from a stream, canal, or spring for a specific use, such as irrigation or stock water. It comes with a permit and a priority date, and it must be used beneficially.
Groundwater via wells
Groundwater is pumped from wells that must follow State Engineer rules. Yield and sustainability depend on construction details and pumping capacity. Groundwater use is also governed by priority dates and may face cutbacks in stressed basins.
What ownership does and doesn’t mean
Owning land does not automatically include the legal right to use water as you wish. Rights to divert or pump are separate. They may be recorded, transferred, limited by basin status, or subject to curtailment based on priority.
Domestic wells in Fallon
What a domestic well covers
A domestic well typically serves one household for drinking, cooking, bathing, sanitation, limited irrigation, and watering household pets or small livestock. Exact allowances are set by Nevada statutes and State Engineer rules, which can vary by basin.
What to review on a well
Ask for the well log or driller’s report, any permit or registration details, recent pump test results for gallons per minute, and recent water quality tests. The well log should show depth, casing, and static water level. This is separate from legal rights but essential for habitability.
Shared wells
Shared or community wells are common in rural areas. Review the recorded shared-well agreement, easements, maintenance responsibilities, and cost-sharing terms. Confirm who owns the well and the power supply for the pump.
Priority dates, permits, and certificates
Why priority dates matter
Your ability to use water during shortages depends on your right’s priority. Senior rights get water before junior rights. A junior right or informal use can be at risk if senior users in the same basin are entitled to supply first.
Permit vs. certificate
A permit authorizes use, but once water is placed to beneficial use and approved, the State Engineer may issue a certificate. A certificated right generally offers stronger long-term proof of the right. Unpermitted or unproved uses are vulnerable to challenge.
Basin status and closures
Some basins are designated, adjudicated, or closed to new appropriations. If a basin is closed or under strict controls, getting a new permit or expanding pumping can be very limited. Always verify basin status for the parcel.
Step-by-step due diligence in Fallon
- Screen the property
- Confirm if the home is inside City of Fallon water service or will rely on a private or shared well.
- Identify whether the parcel has an existing well, a shared system, surface rights, or depends on hauled water.
- Check official records
- Nevada Division of Water Resources: Search for permits, certificates, basin status, and any administrative orders for the hydrographic basin. Pull well logs and permit files.
- Churchill County Recorder: Review deeds for any water-right conveyances, easements, or shared-well agreements recorded against the parcel.
- Churchill County Planning, Building, and Environmental Health: Confirm any well and septic permit history and local siting rules or setbacks.
- City of Fallon or local water purveyor: Ask about service boundaries, connection policies, and distance to mains if you prefer municipal water.
- Federal land context: If the parcel adjoins Bureau of Land Management areas or relies on flows influenced by federal operations, confirm any federal claims or stock-water arrangements.
- Inspect and test on site
- Order a current well inspection and pump test by a licensed well contractor or hydrogeologist. Confirm yield, depth, casing condition, static water level, and sustainable production.
- Get a water-quality test from a state-certified lab for coliform, nitrate, arsenic, and any other regionally relevant contaminants.
- Review any shared-well agreements, easements, and maintenance records. Confirm meter or measurement requirements and obtain pumping records if available.
- Protect your contract
- Use purchase contingencies for water-right verification, satisfactory pump test, acceptable water-quality results, and reviewed shared-well documents.
- Consider a title endorsement focused on water rights or seek a real estate attorney experienced in Nevada water law for document review if records are unclear.
Red flags to pause and probe
- No recorded permit or certificate for a claimed water source.
- Parcel located in a basin that is closed or in adjudication with strict limits on new or increased pumping.
- Low documented well yields compared with your planned household or irrigation needs.
- Unclear or unrecorded shared-well agreements or disputes about ownership and maintenance.
- Poor water-quality results or signs of contamination.
- Nearby senior rights that could curtail junior pumping in shortages.
Options if water is uncertain
- Connect to municipal water if service is available and the connection cost makes sense.
- Strengthen your offer with contingencies tied to water-right verification, pump testing, and water quality.
- Explore alternatives such as hauled water, joining a community system, or drilling deeper if allowed. All options must follow basin rules and State Engineer requirements.
- Separate household needs from irrigation goals. Irrigation often requires larger, more reliable rights than a domestic well can provide.
Timelines and costs to expect
- State records and abstracts are often accessible online or through certified copies, which can take days to weeks.
- Scheduling a well inspection, pump test, and lab analysis depends on contractor and lab availability.
- Legal review and specialized title endorsements add cost, but they can prevent costly post-closing problems.
Your local advantage
Buying rural in Fallon requires clarity on water. You should know what right you have, how secure it is, and what your well can produce. As local advocates, we help you focus on the right properties, structure smart contingencies, and coordinate the due diligence that keeps your purchase on track. When you are ready to move, connect with the Faught Group to schedule a meeting.
FAQs
What is a domestic well in Nevada?
- A domestic well typically serves one household for drinking, sanitation, limited irrigation, and watering household pets or small livestock, with allowances set by Nevada rules that can vary by basin.
How can I verify water rights for a Fallon property?
- Check State Engineer records for permits and certificates, review county Recorder documents for conveyances or agreements, and confirm well logs and basin status before you make an offer.
Why do priority dates matter for my water use?
- During shortages, senior rights with earlier priority dates are satisfied before junior rights, which can limit or curtail junior pumping.
What should I ask for when a listing claims a domestic well?
- Request the well log, permit or registration details, recent pump test results, recent water-quality tests, and any recorded shared-well agreements or easements.
Can I drill a new well on acreage in Churchill County?
- It depends on basin status and State Engineer rules; some basins are designated or closed to new appropriations, which can limit new wells or added pumping.
What if my water-quality test shows issues like arsenic or nitrate?
- Speak with a state-certified lab or water treatment professional about options, and use your inspection contingency to decide if treatment or an alternative source is acceptable for your needs.
