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Show 366 SUMMARIES OF THE STATE WATER RIGHTS SYSTEMS Early Uses of Water Irrigation in Nevada began about 1849, as an incident to the early develop- ment of mining. Lands along stream channels were irrigated from ditches constructed to furnish water to ore-reduction mills. Owing to the limited market for agricultural products, irrigation was supplementary to the mining industry until about 1860, but expanded during the following decade. Beginning about 1870, the livestock industry became increasingly important and furnished a growing market for forage crops produced under irrigation. It was not until the 20th century that the larger projects were begun.4 State Administrative Agency All State functions pertaining to appropriation of water, adjudication of rights, and distribution of water are vested in the State Engineer,5 who is the executive head of the Division of Water Resources within the State Department of Conservation and Natural Resources.6 The State Engineer is appointed by and is responsible to the Director of the Department of Conservation and Natural Resources; he performs such duties as are prescribed by law and by the Director.7 Various aspects of these functions are discussed under succeeding topics. Appropriation of Water of Watercourses Recognition of doctrine of prior appropriation. -The appropriation doctrine was recognized and applied by the Nevada Supreme Court in its first reported decision in a controversy over water rights, rendered in a case in which the parties relied solely on prior actual appropriation of the water.8 During the two following decades the rule of priority of appropriation was consistently recognized and applied where the parties based their rights upon appropriation and not on "an ownership in the soil."9 And beginning in 1885, the 4 Nevada State Engr., Bien. Rep. 1929-1930, p. 15. Conditions surrounding the earliest uses of water for agricultural purposes in Carson Valley in the early 1850's are described graphically by Judge Thomas P. Hawley in his opinion in Union Mill & Min. Co. v. Dangberg, 81 Fed. 73, 100-103 (C.C. D. Nev. 1897), based not only on the record in the case, but also on his own experiences as one of those who crossed the plains to this area in 1852. The earliest settlers were squatters on the public domain, raising cattle which roamed at large and taking advantage of stream water for agricultural purposes chiefly by means of its overflow. The water flowed in various sloughs and spread over the lowlands at high water; and cuts were made through the riverbanks to let the water out when the stream was not flowing bank-full. In general, there were no specific appropriations of the water and but few genuine ditches and substantial diversions. The population at that time was highly transient. 5Nev. Rev. Stat. § §532.010 to .220 (Supp. 1973). 6 Id. §232.010. "Id. § §532.020 and .110. "Lobdell v. Simpson, 2 Nev. 274, 278-279, 90 Am. Dec. 537 (1866). 9Ophir Silver Min. Co. v. Carpenter, 4 Nev. 534, 543-544 (1869); Covington v. Becker, 5 Nev. 281, 282-283 (1869); Proctor v. Jennings, 6 Nev. 83, 87 (1870); Barnes v. Sabron, 10 Nev. 217,233(1875). |
