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Show METHODS OF APPROPRIATING WATER OF WATERCOURSES 333 (ii) Time periods. Times for beginning construction of works, completing construction, and applying the water to beneficial use are prescribed in the permit. In a few States, the fixing of these time periods is left by statute to the administrator. In Kansas, for example, the only statutory instruction to the Chief Engineer in this respect is to limit the time for perfecting an appropriation "to a reasonable period within which the proposed works can be completed by expeditious procedure * * *."S3S In most administration States, however, the legislature designates one or more of the maximum time periods, which the administrator may shorten if he deems it desirable, and leaves the others to administrative discretion. California provides an example of liberal delegation of authority. Construc- tion must begin within the time specified in the permit, not less than 60 days from its date. All other time limits are fixed in the permit.536 In Nevada, construction work must begin within 1 year from the date of the permit and must be completed within 5 years; application of water to beneficial use must be completed within 10 years.537 The statute of South Dakota provides that if one-fifth of the construction work is not completed within one-half of the time allowed for completion, and if there has been no ex- tension of time, the water in question shall be open to general appropriation.538 (iii) Extensions of time periods. All 16 administration appropriation statutes authorize the State administrator to extend the periods of time prescribed in the permit "for good cause." The aim of the statutes is to require prosecution of the work diligently and uninterruptedly to completion unless delayed by circumstances over which the permittee has no control. Circumstances that would qualify for an extension of time include, variously, magnitude of the undertaking, physical and engineering difficulties, and high cost of the work not reasonably anticipated; litigation over title to use of the water in question; and unfavorable action of the elements. The Nebraska legislature requires vigorous, diligent, and uninterrupted prosecution of the work to completion "unless temporarily interrupted by some unavoidable and natural cause," with a construction force adequate to complete the work within the time stipulated in the permit "notwithstanding the ordinary delays and casualties that must be expected and provided against."539 In a majority of these States, both the granting of extensions and the lengths of time involved are left to the discretion of the administrative agency. Several statutes authorize extensions of 3 years for completion of construction and 2 years more for application of the water to beneficial use. Idaho makes special provision for extensions in case of projects involving more than 200,000 acre-feet of storage capacity or a diversion of more than 25,000 acre-feet in 535Kans. Stat. Ann. § 82a-713 (1969). 536 Cal. Water Code § 1395 (West 1956). s37Nev. Rev. Stat. § 533.380 (Supp. 1967). 538S. Dak. Comp. Laws Ann. § 46-5-25 (1967). S39Nebr. Rev. Stat. § 46-238 (1968). |