OCR Text |
Show 644 GROUND WATER RIGHTS In Olson v. City of Wahoo,98 the court observed that common law principles, rather than prior appropriation, pertained to ground waters, and applied the American rule of reasonable use to such percolating water. In the more recent case of In re Metropolitan Utilities District of Omaha," the court reaffirmed this rule and held that where no damage was done by a trans-watershed diversion of percolating ground waters for municipal uses, such was reasonable and in keeping with the American rule. A strong dissent argued that these waters were actually a part of the flow of the Platte River and not subject to the rules affecting ground water.100 Although Nebraska has no general statutory ground water allocation scheme, it does have a legislative requirement for a permit to withdraw ground water for irrigation purposes from pits located within 50 feet of a natural stream.101 There also are provisions regarding spacing between wells.102 Nevada Nevada has a ground water allocation statute based on prior appropriation. Prestatute law concerning percolating waters rejected prior appropriation103 and adopted the English rule of absolute ownership.104 With the passage of the ground water statute in 1939,105 all ground waters became public waters subject to the appropriation doctrine.106 Anyone wishing to appropriate percolating waters after March 25,1939, must comply with the provisions of the surface water appropriation statute.107 However, the permit to appropriate need not be requested until after the well is bored.108 But where there is need for special administration, the State Engineer classifies a basin as a "designated ground water basin"109 and permits to appropriate must be obtained before constructing the well. In nondesignated areas, no permit is needed before constructing a well, but a permit is needed before any legal diversion can be made from the well.110 In Nevada, percolating ground water is defined as "underground waters the course and boundaries of which are incapable of determination."111 98Olson v. City of Wahoo, 124 Nebr. 802, 248 N.W. 304 (1933). 99 In re Metropolian Util. Dist. of Omaha, 179 Nebr. 783, 140 N.W. (2d) 626, 637 (1966). 100 140 N.W. (2d) at 638. 101 Nebr. Rev. Stat. § § 66-636 and -637 (1968). 102Id. § § 46-608 to -612 and 46-651 to -655. 103SeeStrait v. Brown, 16 Nev. 317 (1881). 10*Mosier v. Caldwell, 7 Nev. 363 (1872). 10SNev. Rev. Stat. § 534.010 et seq. (Supp. 1967). 106In re Manse Spring & Its Tributaries, 60 Nev. 280, 108 Pac. (2d) 311 (1940) {dictum). 107Nev. Rev. Stat. § 534.080(1) (Supp. 1967), referring to ch. 533. 10tId. § 534.050(2). i09Id. § 534.030. 110Id. § 534.050(1). ulId. § 534.010(d). |