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upr000089 108

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Mr. Edward C. Renwick §2 "The quantity of water from either a sur­face or underground source which may herek after he appropriated in this state shall be limited to such water as shall reason­ably be required for the beneficial use to be served.” In fact, the State Engineer may well rely upon the foregoing language if he refuses to transfer the full amount of the permit in Well No. 1 to the shop well, on the ground that that amount of water can not be developed in the shop well, and, if developed, is not reasonably required for the beneficial use to be served. However, it was the thought of the committee that an attempt be made at least to transfer the full amount of the appro­priation to the shop well with the hope that it might slip through unnoticed. With reference to the proposed transfer, I am of the opinion that an application must be submitted for this purpose, that a notice of the application must be, within thirty days thereafter, at the expense of the appli­cant, published in a newspaper in Clark County for five consecutive weekly issues and that a period of thirty days is thereafter required for protest against the application. If no protest is filed, the state engineer may grant the same without a field investigation. In other words, section 7944 requires an application to be made to change the place of diversion or place of use, and I believe the other sec­tions of the Act relative to notice, publication, etc., are applicable to this application. The following is a brief summary of applications concerning water rights prepared by State Engineer Smith in 1945 and may be helpful to you, ” The waters of all sources of water supply within the boundaries of the State, whether above or beneath the surface of the ground, belong to the public (Sec. 1, Chap. 140, Stats. 1913). The first step for anyone desiring to use unappropriated water, i.e., water not already in use under claim of a prior and existing right, is to file with the State Engineer an application for permission to appropriate and apply the water to beneficial use.