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Show 744 under the State laws relating to the appropriation of water; but the development of ground water for domestic purposes where the draught does not exceed two gallons per minute is exempted from regulation. Appropriations are made under the procedure provided in the general water law, the first step in which is an application to the State Engineer for a permit to make the appropriation. Certain provisions, however, relate to the time of installation of the well in relation to the dates of enactment of earlier legislation.185 Failure for five successive years to make beneficial use of ground water works a forfeiture of an undeter- mined right and an abandonment of a determined right. Administra- tion of the provisions of the act, which cover the acquirement and loss of rights, adjudication of rights, and withdrawal of water in time of shortage, is vested in the State Engineer. The State Engineer, either upon his own initiative or upon petition of one or more water users, may determine the rights to the use of the waters of a stream. His order of determination is filed in court, whereupon it has the legal effect of a complaint in a civil action. At the conclusion of the trial a decree is entered affirming or modifying the order of the State Engineer.186 The administration of the statutes providing for the distribution of water and for the creation of water districts is vested in the State Engineer.187 New Mexico The constitution of New Mexico declares that the unappropriated water of every natural stream, perennial or torrential, belongs to the public and is subject to appropriation for beneficial use, priority of appropriation giving the better right.188 The general water appropriation statute contains a provision with respect to appropriable waters similar to the constitutional provision above noted.189 It provides also that flood waters may be appropriated upstream under conditions that would result in a considerable return flow above the works of other appropriators.190 "Artificial surface waters" escaping from projects or constructed works are declared to be primarily private and subject to beneficial use by the owner or de- veloper. However, when such waters pass unused beyond his control and into a natural stream, and have not been used beneficially by him for a period of four years from their first appearance, they are subject to appropriation, but the appropriator gains no right to compel the 188 Nev. Sess. Laws 1947, ch. 43, § 9; Comp. Laws 1949 Supp., § 7993.18. 188 Nev. Gomp. Laws 1929, §§ 7905 to 7923. 187 Nev. Gomp. Laws 1929, §§ 7939 to 7942. 188 N. Mex. Const., art XVI, § 2. 188 N. Mex. Stats. 1941, Ann., § 77-101. 190 N. Mex. Stats. 1941, Ann., § 77-528. |