The policy of the District is to allow other uses of the easement; however, the District requires such other uses to be first permitted or licensed by the District to ensure that the other uses do not unreasonably interfere with the District’s use. For example, a fence across, or parallel or within the easement is an interference with the District’s operation and maintenance, but if it is licensed or permitted by the District, it can exist. The District will review the requested use and make a determination whether the use unreasonably interferes with the District’s operation and maintenance. 

Another example is a bridge or crossing of an easement. The Districts policy in licensing or permitting such use is to ensure it doesn’t interfere with the District’s use of the canal or drain. The District’s policy is to require a box culvert structure sufficient in size to allow the maximum unobstructed flow of water under and through the bridge-box culvert-when such structure is requested across a canal. This policy is to insure that there isn’t an unreasonable interference with the District’s operations in delivering water to water users downstream from the requested structure. Under the new O&M agreement with the Bureau of Reclamation, the Bureau may also require certain conditions for their approval.

There are many easements for canals and drains in the Newlands Project that are not the responsibility of the District. These are what the District refers to as "private easements" as opposed to the District’s or public easements. The same rules apply as with regard to the District’s easement except the District does not get involved in their maintenance, use, interference in use, or with crossing or structures placed in or along those private easements. There are two exceptions, one is the District requires that the private easement is maintained so that they don’t interfere with the District’s easement, and two, the District requires that private easements be established for canals and drains when water-righted property is subdivided or split into smaller parcels. This is to ensure that there isn’t any question between the subsequent owners as to whether an easement exists or does not exist.

With respect to maintenance of those private easements, the laws provide that:

In all cases where ditches are owned by two or more persons, and one or more of such persons shall fail or neglect to do a proportionate share of the work necessary for the proper maintenance and operation of such ditch or ditches, or to construct suitable headgates or other devices at the point where water is diverted from the main ditch, such owner or owners desiring the performance of such work may, after giving 10 days’ written notice to such other owner or owners who have failed to perform such proportionate share of the work necessary for the operation and maintenance of such ditch or ditches, perform such share of work, and recover therefore from such person or persons in default in reasonable expense of such work (NRS 536.040).

Upon the failure of any co-owner to pay his proportionate share of such expense, as mentioned in NRS 536.040, within 30 days after receiving a statement of the same as performed by his co-owners, such person or persons so performing such labor may secure payment of such claim by filing an itemized and sworn statement thereof, setting forth the date of the performance and the nature of the labor so performed with the county clerk of the county wherein the ditch is situated and when so filed it shall constitute a valid lien against the interest of such person or persons in default which lien may be established and enforced in the same manner as provided by law for the enforcement of mechanics’ liens.

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