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Show NEVADA 365 Administration of Water Rights and Distribution of Water As stated earlier under "State Administrative Agency," the Department of Water Resources has jurisdiction over all matters pertaining to water rights for useful purposes. In addition to the granting and cancellation of appropriation rights and priorities and to the adjudication of water rights, the Department has supervisory control over the distribution of water of the State in accordance with rights of prior appropriation.171 The Nebraska Legislature has divided the State into two water divisions, each of which crosses the entire State from west to east. Specifically, water division no. 1 consists of all lands drained by the Platte rivers and their tributaries lying west of the mouth of the Loup River, and other lands south of the Platte and South Platte watered by streams not tributary thereto; and water division no. 2 consists of all lands watered from the Loup, White, Niobrara, and Elkhorn rivers and other lands not included in any other division.172 The Department of Water Resources divides each water division into subdivisions conforming to the division lines of watersheds, and further divides each subdivision into water districts.173 Provision is made for one or more division engineers, and for a water commissioner for each water district. Acting for and under the direction of the Department, the division engineer has immediate direction and control of the acts of the water commissioners, and has the duty of seeing that the laws relative to the distribution of water are executed in accordance with rights of priority of appropriation. The water commissioner performs such duties as are assigned to him by the Department.174 Nevada Governmental Status All the area within the present State of Nevada except that south of the 37th parallel was included in the Territory of Utah, which was established Septem- ber 9, 1850.l The separate Territory of Nevada was created March 2, 1861,2 and Nevada was admitted to the Union as a State by proclamation of the President October 31, 1864.3 Department has valid statutory authority to adjudicate appropriative rights and priorities, and that in the absence of an appeal its orders are final and binding upon the parties. Parsons v. Wasserburger, 148 Nebr. 239, 241-244, 27 N.W. (2d) 190 (1947). 171Nebr. Rev. Stat. §46-219 (1974). 172Id. § §46-215 to-217. 173Id. §46-222. 174/tf. § §46-218, -219, -223, and -224. '9 Stat. 453(1850). 212 Stat. 209(1861). 313 Stat. 749 (1864). 246-767 O - 77 - 25 |