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upr000089 109

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upr000089-109
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    Mr.Edward C. Renwick #3 The mere filing of an application or even the approval thereof hy the S,ate Engineer gives no one a water right. A water right can only he created by the placing of water to beneficial use in accordance with the terms of a permit from the State Engineer. Such a right can also be lost by disuse. A permit to appropriate water grants to the per­mittee the right to appropriate a certain amount of water f rom a particular source for a eertain purpose and to be used at a definite location. In other words, the consent of the State is given in a manner provided by law to ac­quire a water right and gives the permittee an inchoate right, which will ripen into a legal and complete appro­priation only upon completion of the works of diversion and the placing of the water to beneficial use and the filing of proofs thereto. Such a right may also be lost to the permittee by failure to meet the statutory requirements, ih which event the water again becomes subject to appropria­tion under a new application. The various steps to be taken in acquiring a water right as set forth in sections 59 to 74 of the water law are briefly as follows: Applicant must file an application to appropriate the public waters of the State of Nevada. Said application is prepared on a special form furnished by the State Engineer’s Office, and must be accompanied by the statutory filing fee of twenty dollars ($20). Instructions for filling out the application form are given on page 2 of said form. A map in support of said application prepared from a survey by a licensed State Water Right Surveyor must be filed either at the time of making application or within a reasonable time thereafter. It has been the practice of the State Engineer on occasions where maps have not been filed with the appli­cation to wait about sixty days and then send the application back to the applicant by registered mail with instructions that unless said application in its amended form and the supporting map are filed within sixty days from the date notice is sent, the application will be summarily cancelled. (See Sec. 60, Chap. 140, Stats. 1913.) Following the filing of the application and map in proper form, notice of said application is published in a newspaper of general circulation in the county where the source is located once a week for five consecutive weekly issies.