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Show 472 NEVADA While there was a limited reference to water right matters in some of the early Territorial laws, it was not until after creation of the State government that there was any general legislation enacted con- cerning the appropriation and administration of water rights.7 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Rights During the early development of Nevada, water rights were ac- quired without any State administrative regulation, by simply divert- ing the water and applying it to a beneficial use.8 The early, legisla- tive enactments dealing with water rights were very limited and narrow in scope. The office of State Engineer was created in 1903, but there wras no administrative jurisdiction over the appropriation of water until 1905.9 The present Nevada statutes delegate the general administrative supervision of the waters of the State to the State engineer. It is provided that water from all sources of supply, whether above or beneath the surface of the ground, belongs to the public10 and sets forth the exclusive procedure for the appropriation of water.11 An appropriation can only be initiated by filing an application to appro- priate with, and securing the approval of, the State engineer.12 The engineer also must approve all change applications before a change is made in the point of diversion, place, or nature of use.13 In order to perfect an appropriation, the applicant must submit proof that he has placed the water to beneficial use. He is then issued a certificate of appropriation by the State engineer.14 To facilitate water right administration, the State engineer may divide the State into water districts for administrative supervision, and may also divide or distribute water among the users in accord- ance with their rights.15 Water commissioners are appointed by the State engineer for this purpose, and they are subject to his super- vision.16 However, when an order of determination is filed in court in a special statutory proceeding, the distribution of water by the State engineer and water commissioners is under the supervision of the court.17 The Nevada Supreme Court has ruled that statutory provi- sions for administration of water rights and for distribution of water pursuant to statutory adjudications are clearly within the police power of the State.18 A statutory procedure is also provided for ad- ministration of water rights by the State engineer, upon petition of the users, under a final decree in an action other than the special 7 Hutchins, The Nevada Law of Water Rights, 4 (1955). 8 Ormsly County v. Kearney, 37 Nev. 314, 142 Pac. 803 (1914). 9 Hutchins, The Nevada Law of Water Rights, 4 (1955). 10 Nev. Rev. Stat., Sec. 533.025. « Nev. Rev. Stat., Sec. 533.030. u Nev. Rev. Stat., Sec. 533.325. " Nev. Rev. Stat., Sec. 533.325. 14 Nev. Rev. Stat., Sees. 533.400, 533.424. 16 Nev. Rev. Stat., Sees. 533.300, 533.305. ifl Nev. Rev. 'Stat., Sees. 533.270, 533.275. » Nev. Rev. Stat., Sec. 533.220. 18 Ormsby County v. Kearney, 37 Nev. 314,142 Pac. 803 (1914). |
