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Show 484 NEVADA Springs which are tribuary to a watercourse have been held to be subject to the appropriative rights which exist in the stream, even though the spring waters flowed underground part of the way to the stream.141 The Nevada court has recognized that the watering of livestock from a spring is sufficient under the conditions existing in the area to constitute an appropriation of the spring water, even though no other means of diversion was employed.142 3.7 Diffused Surface Waters Diffused surface water is water that is spread over the land by falling rain or melting snow and which has not yet become a part of a watercourse. While there is language in one early Nevada Supreme Court de- cision indicating that the owner of the land has the right to make a reasonable use of diffused surface water on his property,143 it now appears that diffused water is subject to appropriation under the existing statutes.144 With respect to the disposal of diffused surface water, the Nevada Supreme Court has ruled that the owner of an upper tract of land has an easement to allow the water from his land to drain naturally onto the property of a lower landowner.145 However, this does not include the right to augment this flow by artificial acts and thereby increase the burden on the servient estate.148 4. Ground Water The early Nevada decisions distinguished between water which flows in a definite underground stream and percolating ground water. The former has always been subject to the appropriation doctrine. As to the latter, there were statements in some early cases that per- colating ground water belonged to the owner of the soil,147 but this rule was never applied to springs which were fed by percolating waters and which in turn were tributary to a surface stream which was fully appropriated.148 It no longer appears that these distinctions are important. In 1939, legislation was enacted declaring that all ground water within the State belonged to the public, subject to all existing rights.149 The act defines vested rights in an artesian or definable aquifer as those acquired prior to March 22, 1913, and to percolating water as those acquired prior to March 25, 1939.150 At present, the right to use unappropriated ground water can only be acquired by following the statutory procedure. The constitution- ality of this legislation has never been tested in the Nevada Supreme 141 Strait v. Brown, 16 Nev. 317 (1881). ^Robison v. Mathis, 49 Nev. 35, 234 Pac. 690 (1925). "3 Boynton v. Longley, 19 Nev. 69, 72-73, 6 Pac. 437 (1885). "4 Nev. Rev. Stat., sec. 533.025. 1i3 Blaisdell v. Stephens, 14 Nev. 17 (1879). "3 Boynton v. Longley, 19 Nev. 09, 6 Pac. 437 (1885). 147 Hutchins, The Nevada Law of Water Rights, 59-60 (1955). lis Campbell v. Goldfleld Consolidated Water Co., 36 Nev. 458, 136 Pac. 976 (1913). i4D Nev. Rev. Stat., sec. 534.020. 100 Nev. Rev. Stat., sec. 534.100. |