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Show NEVADA 371 use water unless it is required for a beneficial purpose.44 The appropriative right itself is limited to as much water as may be necessary, when reasonably and economically used for irrigation and other beneficial purposes, irrespective of the carrying capacity of the ditch.4S The Nevada Supreme Court has held that "no one can appropriate for irrigation purposes more water than he can put to a beneficial use."46 An application for a proposed appropriation that conforms to all the requirements of the statute must be approved unless there is no unappropriated water in the proposed source, or if the proposed use conflicts with existing rights, or if it threatens to prove detrimental to the public interest.47 An application to appropriate waters of the Colorado River held in trust by the Division of Colorado River Resources of the Nevada Department of Conserva- tion and Natural Resources must also have the approval of that Division.48 The State Engineer may limit the permit to a lesser quantity of water than that applied for, and to shorter periods of time for completing the work and perfecting the appropriation. But for good cause shown, he may allow extensions of time for beginning construction and completing the necessary ensuing steps. The statute prescribes certain standards governing the quantity of water to be allowed in a permit for direct irrigation, or in one for storage for later irrigation uses. The State Engineer must consider the local irrigation requirements; the duty of water as theretofore established by court decree or by experimental work in or near the area; and the growing season, type of culture, and reasonable losses of water in transit. He may likewise consider other pertinent data. And in case of storage water, reservoir evaporation losses should be considered.50 Some aspects of the Nevada appropriative right.-The statute provides that all water used in Nevada for beneficial purposes shall remain appurtenant to the place of use, subject to change under prescribed conditions. One condi- tion relates to change in place of use, noted later in this subtopic. Another excepts water companies that have appropriated water for diversion and transmission to private consumers at an annual charge.51 The proposition 44/tf. §533.045. 45M §533.060(1). "Steptoe Live Stock Co. v. Gulley, 53 Nev. 163, 172, 295 Pac. 772 (1931). It is recognized as a practical matter that the necessary quantity of water varies with the seasons. Gotelli v. Cardelli, 26 Nev. 382, 386, 69 Pac. 8 (1902). 47Nev. Rev. Stat. § §533.370(1) and (4) (pp. 18509-18510) (Supp. 1973). 48/d §533.370(6) (p. 18510), referring to §538.171, which provides that the Adminis- trator of the Division may hold in trust rights and interests in waters of the Colorado River accruing to the State under Federal legislation, interstate compacts, treaties, or otherwise. 49Nev. Rev. Stat. § §533.380(2) and (3) (Supp. 1973). 50Id. §533.070. 51 Id. §533.040. |