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Show NEBRASKA 335 to increase its appropriation after the act of 1889 [original work having been completed prior thereto], it would be required to comply with that act."19 The extant method-first provided by law in 1895-is the exclusive proce- dure for making an appropriation of water.20 The first step to be taken by the intending appropriator is filing an application with the Department of Water Resources. On approval of an application, it is endorsed and returned to the applicant, who is thereupon authorized to proceed with the work and to take the measures necessary to perfect the appropriation, which must be done "vigorously, diligently, and uninterruptedly * * * unless temporarily in- terrupted by some unavoidable and natural cause." Reasonable extensions of time for completion of works, application of water to beneficial use, or other requirements fixed in the approval of an application may be granted on petition to the Department and showing of reasonable cause, subject to a direct appeal to the Nebraska Supreme Court.21 The unappropriated water of every natural stream in the State is declared to be the property of the public and dedicated to use of the people of the State, subject to appropriation as provided in the statute.22 The statutes also refer to appropriation of "any of the public waters of the State;"23 to the "waters of any natural lake or reservoir;"24 and to "running water flowing in any river or stream or down any canyon or ravine."25 The supreme court 19Kearney Water & Elec. Powers Co. v. Alfalfa Irr. Dist, 97 Nebr. 139, 144, 149 N.W. 363(1914). 20 After the act of 1895 (Laws 1895, ch. 69) went into effect, all water in the streams of the State to which vested appropriative rights had not attached could be set apart to individuals only by obtaining permits from the State under the procedure provided in the statute. Enterprise Irr. Dist. v. Tri-State Land Co., 92 Nebr. 121, 147-148, 138 N.W. 171 (1912). See also Farmers' Irr. Dist. v. Frank, 72 Nebr. 136, 154, 100 N.W. 286 (1904); Kersenbrock v.Boyes, 95 Nebr. 407, 409-411, 145 N.W. 837 (1914). 21 Nebr. Rev. Stat. § §46-233 to -240 (1974). Provisions for extensions for reasonable lengths of time were added to the statute by Nebr. Laws 1957, ch. 198, following a decision by the supreme court in North Loup River Pub. Power & Irr. Dist. v. Loup River Pub. Power Dist., 162 Nebr. 22, 26-33, 74 N.W.(2d) 863 (1956), that the Department had authority to grant extension of time for construction of a project where temporarily interrupted by some unavoidable and natural cause, but no statutory power to extend the time in which the terms, conditions, and limitations of the Department's grant of an appropriation by approving the application must be met. Its promulgated rules providing for such extensions were held to be of no force and effect. 22 Nebr. Rev. Stat. §46-202 (1974). See also Nebr. Const, art. XV, §5. 23Nebr. Rev. Stat. §46-233 (1974). 24 Id. §46-240. 25Id. §46-259. The 1889 statute authorized the appropriation of water flowing in a stream, canyon, or ravine. Nebr. Laws 1889, ch. 68. There was a proviso in this 1889 authorization to the effect that as to streams not exceeding 50 feet in width (later reduced to 20 feet), the rights of riparian owners were not affected by the provisions of the act. This is (Continued) |