| OCR Text |
Show NEVADA 485 Court, even though it has existed for a number of years. The statu- tory procedure is outlined below. Upon petition signed by not fewer than 40 percent of the well owners in a basin, or upon the initiative of the State engineer if he finds the facts justify it, the engineer may exercise supervision over all wells (except domestic) taking artesian water or water from definite underground aquifers drilled after March 22,1913, and wells taking percolating water, the course and boundaries of which are incapable of determination, drilled after March 25,1939.151 Provision is made for the appointment of ground water boards in certain coun- ties and, when created, such board is to assist the engineer in the administration of the designated ground water basin.152 In all desig- nated basins or portions thereof, no right can be initiated without filing an application for a permit with the engineer. In basins not designated by the engineer, the well may be drilled before a permit is applied for.153 Before granting a permit, the engineer must find that there is unappropriated water available. With regard to protecting the appropriator's means of diversion, the Nevada act provides that the right of each appropriator relates only to the specific quantity of water acquired, and is subject to a reasonable lowering of the static water level at his point of diversion. In determining what is reasonable in the lowering of the static water level, the State engineer shall consider the economics of pumping water for the general types of crops grown in the area and majr consider the effect of water use on the economy of the area in general.154 The engineer may restrict the use of water from a ground water basin in order of priority of right where he finds the average annual recharge is not adequate to satisfy all rights. In any basin designated by the engineer, where he determines additional wells would cause undue interference with existing wells, he may restrict the drilling of wells.165 In any area designated by the engineer, where he determines that a ground water basin is being depleted, he may, in acting upon appli- cations to appropriate, designate certain preferred uses. In certain in- stances, he may require the applicant to obtain water from a public district or municipality, if such water is available, or issue a tempo- rary permit which can be revoked when water can be furnished by an entity such as a water district or municipality.156 Domestic wells for small quantities of water are exempted from the operation of the act.157 Provision is made for the adjudication of ground water rights.158 Ground water rights are expressly made subject to statutory for- feiture and loss by abandonment.159 Waste of water from an artesian well is declared to be unlawful, and the owner of the well is guilty of a misdemeanor when unnecessary waste occurs.160 151 Nev. Rev. Stat., sec. 534.030. 1B2Nev. Rev. Stat., sec. 534.035. lf» Nev. Rev. Stat., sec. 534.050. iw Nev. Rev. Stat., sec. 534.110. 155 Nev. Rev. Stat., sec. 534.110. 158 Nev. Rev. Stat., sec. 534.120. 157 Nev. Rev. Stat., sec. 534.180. IBs Nev. Rev. Stat., sec. 534.100. 3BBNev. Rev. Stat., sec. 534.090. ]a°Nev. Rev. Stat., sec. 534.070. |
