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Show 742 by commissioners of water districts created by the Department within the water divisions.168 Nevada The water of all sources of water supply, whether above or below the surface of the ground, is declared by statute to belong to the public and, subject to existing rights, to be available for appropriation for beneficial use.169 An exclusive procedure for the appropriation of water is provided, the first step being an application to the State Engi- neer for a permit; the applicant being entitled to the issuance of a cer- tificate upon making satisfactory proof that the appropriation has been completed in accordance with the requirements of the statute.170 Ap- propriations of water for watering range livestock are subject to special procedure, which includes applications to the State Engineer, and which protects subsisting rights to water range livestock at particular places.171 In case of failure to make beneficial use of water during five successive years, the right is forfeited and the water so formerly appro- priated may be appropriated again by any qualified person.172 The Nevada Supreme Court had for decision in 1949173 the question as to whether a water right could be acquired by prescription against the owner of a right vested by diversion and beneficial use prior to 1903,174 the adverse use beginning in 1933. The court cited an early decision m as authority for the settled principle that prior to the enact- ment of the water law, a water right already in existence might be ac- quired by another by adverse use, and stated that it was not then pre- pared to overrule that decision nor to read into the water law some- thing not found there even by implication. However, this conclusion was reached reluctantly; the court believed "that adverse use is wholly unwarranted, unnecessary and clearly dangerous to the appropriation and distribution of public property" and expressly invited the attention 168 Nebr. Rev. Stats. 1943, §§ 46-215 to 46-225. 189 Nev. Comp. Laws 1929, §§ 7890 and 7891. W0Nev. Comp. Laws 1929, §§ 7944 to 7962. inNev. Comp. Laws 1929, §§ 7979 to 7985. 1:2 Nev. Comp. Laws 1949 Supp., § 7897 (amendment by Sess. Laws 1949, ch. 83). The legislature had the right to provide for forfeiture of appropriative rights acquired after the date of enactment; but the only way in which preexisting rights could be lost was by intentional abandonment, for forfeiture would impair such rights contrary to another section of the statute providing that nothing contained therein should impair any vested right to the use of water: In re Manse Spring and Its Tributaries, 60 Nev. 280, 289-291, 108 Pac. (2d) 311 (1940). 178 Application of Filippini, - Nev. -, 202 Pac. (2d) 535, 539-541 (1949). 174 The office of State Engineer was created by Nev. Sess. Laws 1903, p. 18; and the procedure of initiating appropriations of water by making application to the State Engineer was provided by Sess. Laws 1905, p. 66. lw Authors v. Bryant, 22 Nev. 242,38 Pac. 439 (1894). |