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Show NEVADA 475 approve the new filing.41 However, any party aggrieved by a de- cision of the State engineer may appeal to the court.42 Thus, while not an adjudication of the various rights to the water source, this ad- ministrative procedure serves, as a practical matter, to resolve many conflicts at this early stage. Of course, protestants can appeal the engineer's decision, and if their rights are interfered with they may seek damages or equitable relief by way of an injunction.43 2.3 Other Agencies Having Water Resource Responsibilities a. WATER QUALITY CONTROL The Department of Health and Welfare is designated as the water pollution control agency in the State of Nevada for purposes of co- operating with Federal water pollution control programs. The De- partment may develop programs for eliminating or reducing pollu- tion and for improving the sanitary condition of water. The act declares pollution to be unlawful. It is a misdemeanor to pollute the waters of any lake, river, stream, or ditch. The attorney general, with the consent of the Governor, is authorized to maintain actions to prevent or restrain pollution.44 The act also contains special pro- visions designed to prevent pollution of Lake Tahoe.45 b. ENVIRONMENTAL CONCERN As in most other arid western States the historical emphasis in Nevada has been on settlement and economic development, and water has been used to promote those ends. Although water may be appro- priated for any recognized beneficial use,46 the cases which have reached the Nevada Supreme Court have involved only traditional uses such as domestic, irrigation, and stockwatering. However, recent legislation has expressly recognized recreation as a beneficial use,47 and has provided for the development of a comprehensive State water plan to determine future water requirements for municipal, industrial, agricultural, recreational, and other uses.48 As yet, how- ever, Nevada has assigned to no agency jurisdiction to protect the natural water resource environment. C. OTHER AGENCIES AT THE STATE LEVEL The Department of Conservation and Natural Resources was created in Nevada in 1957 and has general administrative supervision over all of the natural resource agencies, including the Division of Water Resources, which is administered by the State engineer. The Director of the Department of Conservation and Natural Resources «Nev. Rev. Stat. sec. 533.370. 42 Nev. Rev. Stat. sec. 533.450. « Barnes v. 8abron, 10 Nev. 217 (1875) ; Bidleman v. Short, 38 Nev. 467, 150 Pac. 834 (1915). " Nev. Rev. Stat., sees. 445.010 to 445.060. *B Nev. Rev. Stat., sees. 445.080 to 445.120. *« Nev. Rev. Stat., sec. 533.030. «Nev. Rev. Stat., sec. 533.030. 48 Nev. Rev. Stat., sec. 532.165. |
