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Show NEVADA 473 statutory proceedings noted above.19 This procedure also has been upheld as constitutional.20 However, the engineer is not obligated to administer and enforce every decree; his responsibility is of a special nature and relates primarily to water right determinations governed by statute. He has no jurisdiction in court adjudications in equity actions between private parties.21 The State engineer also plays an important role in the statutory adjudication of water rights. He is required to make a complete in- vestigation of the water source where a statutory adjudication is commenced. Under the special statutory adjudication procedure, the Engineer reviews the claims of various users, examines the water source, and prepares a preliminary order of determination, which may be objected to by aggrieved parties and reviewed by the district court.22 The engineer reviews and approves or rejects plans and specifica- tions for the construction or alteration of dams. He may also inspect existing dams from time to time to determine whether they are safe, and when he deems it to be necessary to protect life or property he may take appropriate action, including emptying the reservoir.23 In the area of ground water administration, the engineer licenses well drillers and regulates the drilling of water wells.24 The engineer is authorized to conduct necessary studies and inven- tories for the development of a comprehensive water resource plan for the State of Nevada.25 He may enter into agreements with agen- cies of the United States for studies and investigations relating to the development and use of water resources.28 The State engineer may make and adopt reasonable rules and regu- lations for the proper and orderly execution of the powers conferred on him by law.27 However, the engineer is an administrative officer and his decisions are subject to appeal in the district court.28 2.2 Resolution of Water Use Conflicts Nevada has a special statutory procedure for the determination of rights to use water from any stream system or underground water basin.29 The Nevada Supreme Court has stated that the purpose of this proceeding is to bring about a speedy and effective determination of the various rights to the water source in order to insure the proper administration and distribution of the individual water rights.80 A statutory adjudcation can be initiated upon the petition of one or more users, or upon the State engineer's own motion if he believes the facts justify it. The engineer examines the water source, prepares a hydrographic survey of water uses, and receives statements as filed 10 Nev. Rev. Stat. Sec. 533.310. 20 McCormick v. Siwth Judicial District Court, 69 Nev. 214, 246 P. 2d 805 (1952). « Pacific Live Stock Co. v. Malone, 53 Nev. 118, 294 Pac. 538 (1931). & Nev. Rev. Stat., Sees. 533.090 to 533.320. aa Nev. Rev. Stat., Sees. 535.010 to 535.030. 24 Nev. Rev. Stat., Sees. 534.140 to 534.170. * Nev. Rev. Stat., Sec. 532.165. » Nev. Rev. Stat., Sec. 532.170. « Nev. Rev. Stat., Sec. 532.120. « Nev. Rev. Stat, Sec. 533.450. 28 Nev. Rev. Stat., Sees. 533.090 to 533.320. 8° Ormsiy County v. Kearney, 37 Nev. 314, 142 Pac. 803 (1914) ; Pitt v. Scrugham, 44 Nev. 418,195 Pac. 1101 (1921). |
