| OCR Text |
Show NEVADA 479 statute that beneficial use is the basis, the measure, and the limit of the right to use water in Nevada,84 and it has been held that a water user cannot legally appropriate more water than he can place to beneficial use.85 In determining the duty of water for irrigation purposes, the State engineer is to consider the duty of water previously established by court decrees or by experimentation in the area. In addition, he shall consider the growing season, type of culture, and reasonable trans- portation losses.86 Another statutory provision limits and restricts use of water to that amount which is necessary, when reasonably and economically used, for irrigation and other beneficial purposes, ir- respective of the carrying capacity of the ditch.87 The Nevada Court has repeatedly emphasized that beneficial use is measured by and limited to the reasonable need.88 Because the appropriative right requires an economical and reasonable use of the water, waste which can reasonably be avoided must be avoided. A reasonable carriage loss is allowed when conveying water from the point of diversion to the place of use, but excessive conveyance losses will not be al- lowed.89 The conveyance loss in the user's own ditch or canal must be distinguished from losses which occur in the natural channel.90 As to the latter, the prior appropriator is not responsible for the inefficiency of the channel, and he can demand such water as reaches his point of diversion, so long as it is within his right and he can beneficially use it, without regard to the amount of water lost in the upstream channel.91 However, if the water reaching the down- stream prior appropriator is not in sufficient quantity to be used beneficially, then the upstream junior appropriator may use the water.92 If one appropriator only requires the water supply for a certain period of time, a later appropriator may acquire a right during the period of the year when the water is not in use.93 And, as noted above, while the prior appropriator is entitled to have his right satisfied in full before any use is allowed to junior appropriators, later rights attach to any excess or surplus water over that required by the prior rights.94 The prior right holder cannot change his manner of use if it impairs junior rights.95 Water may be rotated among users to bring about a more economical use of the available water supply, if the rotation can be made without injury to lands enjoying an earlier priority.96 C. RELATION OF WATER TO LAND Valid appropriations of water have been recognized on the public domain in Nevada.97 With respect to private property, one early 8*Nev. Rev. Stat., sec. 533.035. 85 Dick v. Oaldwell, 14 Nev. 167 (1879) ; Nev. Rev. Stat., sec. 533.070. RiNev. Rev. Stat., sec. 533.070. 87 Nev. Rev. Stat., sec. 533.060. 8sBarnes v. Sabron, 10 Nev. 217 (1875). *>Doherty v. Pratt, 34 Nev. 343, 124 Pac. 574 (1912). *>Rodgers v. Pitt, 89 Fed. 420 (D. Nev. 1898), 129 Fed. 932 (D. Nev. 1904). « Tonkin v. Winzell, 27 Nev. 88, 73 Pac. 593 (1903). 92 Union Mill £ Min. Go. v. Dangberg, 81 Fed. 73 (D. Nev. 1897). 83 Barnes v. Sabron, 10 Nev. 217 (1875). 81 Proctor v. Jennings, 6 Nev. 83 (1870). 86Boeder v. Stein, 23 Nev. 92, 42 Pac. 867 (1895). 88 Nev. Rev. Stat., sec. 533.075. wPacific Live Stock Go. v. Read, 5 F. 2d 466 (CCA. 9th 1925). |
