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Show NEVADA 741 ground waters within the boundaries of the State belong to the public, are subject to all existing rights of use, and are appropriable for beneficial use only under the laws of the State relating to appropriation and use of water.348 The statute does not apply to obtaining permits for the use and development of ground water from a well for domestic purposes when the draught does not exceed a daily minimum of 1800 gallons, except as to the furnishing of any information required by the State Engineer.349 Existing rights to use ground water are recognized. For the purposes of this act, vested rights are the rights to use water from (1) an artesian or definable aquifer acquired prior to March 22, 1913, and (2) percolating water (the course and boundaries of which are incapable of determination) acquired prior to March 25, 1939. The determination of whether the water is in a definable aquifer or whether it is percolating, shall be made by the State Engineer. 3s0 Claimants of vested ground water rights may petition the State Engineer to adjudicate such rights.3sl Since March 22, 1913, no rights to appropriate artesian water in Nevada have been obtainable except upon compliance with the general appropriation statutes.352 Anyone allowing the occurrence of waste from an artesian well is guilty of a misdemeanor.353 Under the 1939 legislation, when the State Engineer, either on his own initiative or upon the petition of at least 40 percent of the appropriators of record in his office, finds it necessary to administer the ground water law relating to designated areas, he shall designate such areas.354 Thereafter, no one may make withdrawals from the designated basin without first obtaining a permit to appropriate such water in accordance with provisions relating to the appropriation of public waters.355 In instances where the designated area is wholly within a single county having three or more incorporated cities, a ground water board shall be established, and the State Engineer shall not approve any requests for permits until he has conferred with the board and obtained its written advice and recommendations.356 In areas that have not been designated by the State Engineer, no application or permit to appropriate such water is necessary until after the well is sunk or bored and water developed; but a permit to appropriate such water must be obtained before any legal diversion can be made from the well.357 mId. § 534.020(1). M'/d. § 534.180. 3i0Id. § 534.100(1). 351 Id. § 534.100(2). 3i2Id. § 534.080, referring to ch. 533. 3S3Id. § 534.070. 3MId. § 534.030. 3iSId. § 534.050, referring to ch. 533. 3S6Id. § 534.035. 3"Id. § 534.050, referring to ch. 533. |
