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Show NEVADA 477 accomplished, then the priority of the right related back to the time when the first step was taken to initiate the right. On the other hand, if the work was not prosecuted with reasonable diligence, the priority of the right did not relate back but dated from the time the works were completed.63 b. CURRENT PROCEDURES (1) Exclusiveness of the procedure.-The current Nevada statute provides that all sources of water supply within the boundaries of the State, whether above or beneath the ground, belong to the public.64 A complete and comprehensive procedure for the appropriation of water is provided, and every appropriation must be initiated by filing an application to appropriate with the State engineer.65 This statu- tory procedure is exclusive, and the act was amended in 1949 to pro- vide that no prescriptive right could be obtained to any waters, whether appropriated or unappropriated.66 Unappropriated public water may be appropriated for any recognized beneficial use.67 (2) Constitutionality of procedure.-The statute governing the ap- propriation of water does not deprive anyone of his constitutional rights, because any person aggrieved by a decision of the State engineer may appeal that decision to the courts.68 (3) Procedural steps.-As noted above, the appropriation proce- dure is initiated by filing an application to appropriate with the State engineer. Once the application is filed, that fact is published to give notice to interested water users, and protests may be submit- ted. If the application is protested, a hearing is held by the State engineer.69 (4) Criteria for approval.-The State Engineer approves all ap- plications to apply water to beneficial use if there is unappropriated water in the source, if the proposed use does not impair the value of existing vested rights, and if the proposed use will not be detri- mental to the public interest. If these criteria are not met, he must reject the application.70 The State engineer may approve an application for diversion of water in Nevada for use of water in another State if that State by reciprocal legislation authorizes similar use of water in Nevada.71 However, changes of existing rights for use beyond the borders of Nevada is prohibited.72 (5) Perfecting an application.-After an application is approved, the applicant is given a specified time by the State engineer within which to begin the construction of works and within which to com- plete the project and place the water to beneficial use. The engineer, for good cause shown, may extend these periods.73 If the applicant ^Ophir Silver Mine Go. v. Carpenter, 4 Nev. 534 (1869). <*Nev. Rev. Stat., sec. 538.025. aBNev. Rev. Stat., sees. 533.030, 533.325. 88 Nev. Rev. Stat., sec. 533.060. 67 Nev. Rev. Stat., sec. 533.030. esHumboldt Lovelock Irr. Light & Power Go. v. Smith, 25 Fed. Supp. 571 (D. Nev. 1938). 69 Nev. Rev. Stat., sec. 533.360, 533.365. to Nev. Rev. Stat., sec. 533.370. 'I Nev. Rev. Stat., sees. 533.515, 533.522, 533.524. 72 Nev. Rev. Stat., sec. 533.520. "Nev. Rev. Stat., sec. 533.380. |
