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Show NEVADA 367 appropriation doctrine has been recognized exclusively with reference to rights to use water of surface streams regardless of riparian claims incident to land only. See the later discussion under "Riparian Water-Use Doctrine: Recognition and Repudiation." The supreme court observed in 1940 that "we find the doctrine of appropriation the settled law of this state."10 Procedure for appropriating water.-The Nevada Supreme Court expressed its opinion in 1875 that there was no statute of the State that recognized the right of prior appropriation of water for irrigation purposes.11 Much later the court said that the greater portion of water rights pertaining to Nevada streams had been acquired before the enactment of any statute prescribing a method of appropriation, and that such rights had been recognized uniformly by the courts as vested under the common law of the State.12 Such nonstatutory appropriations were made by actually diverting the water from the stream, with intent to apply the water to a beneficial use, followed by an application to such use within a reasonable time.13 The first legislative assembly of Utah Territory passed an act giving county courts control of all water privileges not previously granted by the legislature; this act remained in force while Nevada was a part of that Territory.14 There were no statutory laws of the Territory of Nevada concerning water rights, although several statutes contained references to irrigation.15 An early State law provided for county records of certificates of intention to construct or maintain ditches or flumes.16 An act passed in 1889 and repealed 4 years later provided for the distribution of water under court decrees by water commis- sioners, for recording statements of existing claims, for issuance by courts of water-rights certificates, and for judicial determination of priorities of water rights.17 In 1899, provision was made for appropriating water solely upon application to the county commissioners and county surveyors in counties electing to follow the procedure.18 The office of State Engineer was created in 1903, but he was not vested with jurisdiction over the acquisition of water rights until 1905.19 There was a repeal and reenactment in 1907, and another in 1913.20 The present law is based upon the 1913 enactment as amended and enlarged from time to time and as codified in the Revised Statutes. The courts have l0In re Manse Spring & Its Tributaries, 60 Nev. 280, 286, 108 Pac. (2d) 311 (1940). 11 Barnes v.Sabron, 10 Nev. 217, 232 (1875). 12Ormsby County v. Kearney, 37 Nev. 314, 352, 142 Pac. 803 (1914). "Application of Filippini, 66 Nev. 17, 22, 202 Pac. (2d) 535 (1949); Walsh v. Wallace, 26 Nev. 299, 327, 67 Pac. 914 (1902). 14 Terr. Utah Laws, §39 (1852). I5Nev. Laws 1864, ch. 31, Laws 1864-1865, ch. 100. 16 Nev. Laws 1866, ch. 100. 17Nev. Laws 1889, ch. 113, repealed, Laws 1893, ch. 127. 18 Nev. Laws 1899, ch. 97. 19 Nev. Laws 1903, ch. 4, Laws 1905, ch. 46. 20Nev. Laws 1907, ch. 18, Laws 1913, ch. 140. |
