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Show METHODS OF APPROPRIATING WATER OF WATERCOURSES 389 In Kansas, the priority of appropriation right to use water for any purpose except domestic dates from the time of filing the application. For domestic purposes, it dates from the time of filing the application or from the time of first making actual use of the water therefor, whichever is earlier.824 The general appropriation statute of Nevada does not state explicity that the date of filing the application shall constitute the date of priority of an appropriation made in strict compliance with the statutory procedure. This, however, is clearly implied. And it is followed by the State Engineer's office in processing applications and permits. For example, if, according to the statute, an application is returned for correction and is refiled in proper form within the time allowed, the application does not lose its "priority of filing" on account of such defects. And the ground water statute declares explicitly that the date of priority of an appropriation of ground water is the date of filing the application in proper form in the office of the State Engineer pursuant to the provisions of the general water law.825 (2) Postponement of priority. Several statutes provide for postponement of priority for failure to take necessary acts with reasonable diligence, or within the times allowed or extensions thereof. In New Mexico, North Dakota, Oklahoma, and South Dakota, postpone- ment takes place as a result of inadequate work toward completion of construction. The administrator examines the works and requires those improperly constructed to be put in good condition within a specified time. Failure to put them in proper condition within such time is cause for postponing the priority. Postponement is measured by the time elasping between the date set for completing such changes and the date they are made to the satisfaction of the administrator.826 In Idaho, the postponement relates to failure to make beneficial use of water within the time allowed. It extends for a period of time equal to that elapsing between the date allowed for making proofs of beneficial use and the date of actually making such proof.827 If an application approved by the Utah State Engineer lapses for failure of the applicant to comply with the statutory law or with an order of the State Engineer, and if it is reinstated on a showing of reasonable cause, the date of priority is changed to the date of reinstatement.828 Appropriation of Water for Use in Another State The question of appropriating water within one State for the purpose of diverting it across the stateline for use in a sister State merges into the much 824Kans. Stat. Ann. § 82a-707 (1969). 825 Nev. Rev. Stat. § § 533.355 and 534.080 (Supp. 1967). 826N. Mex. Stat. Ann. § 75-5-8 (1968); N. Dak. Cent. Code Ann. § 61-04-09 (Supp. 1969); Okla. Stat. Ann. tit. 82, § 52 (1970); S. Dak. Comp. Laws Ann. § 46-5-28 (1967). 827 Idaho Code Ann. § 42-219 (Supp. 1969). 828 Utah Code Ann. § 73-3-18(1968). |