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Show 370 SUMMARIES OF THE STATE WATER RIGHTS SYSTEMS the right.37 If, however, the work is not prosecuted with reasonable dili- gence, then the priority of the right does not relate back, but generally dates from the time when the work is completed or the appropriation fully perfected. In appropriating water under the current statutory procedure, the first step is filing an application in the office of the State Engineer. Although the statute does not state expressly that such date shall constitute the date of priority of an appropriation of stream water made in strict compliance with the statutory procedure, it is clearly implied.38 The water rights statute provides that "Water may be stored for a bene- ficial purpose".39 In determining how much water may be stored for subse- quent irrigation use, reservoir losses are to be taken into consideration, in addition to the factors prescribed for direct irrigation rights.40 Applications for reservoir permits are subject to the general procedure provided for acquisition of appropriative rights, except that here two classes of permits are involved- primary and secondary. The primary permit gives permission to construct a reservoir and to impound water therein. The secondary permit is applied for by the person or persons who propose to apply to a beneficial use the water stored in the reservoir; applicants must show evidence of agreement with the reservoir owner for a permanent and sufficient interest in the impounding. The final certificate of appropriation refers to the works described in both permits.41 Any person aggrieved by any order or decision of the State Engineer, acting in person or through his subordinates, relating to acquisition of appropriative rights or distribution of water may appeal to a district court; proceedings must be commenced within 30 days following rendition of the order or decision.42 Restrictions on the right to appropriate wafer.-Beneficial use is the basis, the measure, and the limit of the right to the use of water;43 no one may divert or 31Ophir SilverMin. Co. v. Carpenter, 4 Nev. 534, 543-544 (1869). 38The State Engineer is required to endorse on an application the date of its receipt and to keep a record of the same; and a defective application returned for correction and refiled in proper form within the prescribed time does not lose its "priority of filing" on account of such defects. Nev. Rev. Stat. §533.355 (Supp. 1973). The practice of the State Engineer has been to regard the date of filing the application in his office as the date of priority of the completed appropriation. State Engineer's Office, "Water for Nevada" 13 (1974). Furthermore, as discussed at note 112 infra, the ground water statute of 1939 states explicitly that the date of priority of an appropriation of ground water as specified under that statute is the date of filing the application in proper form in the office of the State Engineer pursuant to the general water law. Nev. Rev. Stat. §534.080 (Supp. 1973). There is no valid reason for assuming that the legislature intended to discriminate in this matter. 39 Nev. Rev. Stat. §533.055 (Supp. 1973). A0Id. §533.070. See "Restrictions on the right to appropriate water," infra. 41 Nev. Rev. Stat. §533.440 (Supp. 1973). A2Id. §533.450. 43Id. §533.035. |