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MEMO TO THE FILE M 4/24/58 533*325* Person desiring to appropriate water before performing any work, must apply to State Engineer for permit. 533.360, On receiving application containing the information required. State Engineer shall within 30 days publish, in a newspaper in county where water la sought to be appropriated, notice of the application, 533.365* Any interested person may file protest within 30 days after date of last publication of notice. Protest must set forth the grounds of protest and be verified* State Engineer shall consider protest, hold hearings if he desires. Both parties must have 15 days* notice of any hearing* 533*370, State Engineer shall approve all applications properly made, where the proposed use '’does not tend to impair the value of existing rights, or to be otherwise detrimental to the public welfare,” If it does, he must reject. 533*460, Unauthorized use of water to which another person is entitled shall be a misdemeanor, and possession or use of such water without legal right shall be prlma facie evidence of guilt, 533*475. State Engineer or assistant shall have power to make arrest for above purpose, 533*480, Penalty * not less than $25 nor more than $250, or not less than 10 days nor more than 6 months in county jail « Underground Water 534,030, On receiving petition by 15 owners of wells in a basin, or portion of a basin. Engineer may designate an area to be administered under §34.010 - ,190, He can control drilling of wells, use of water If danger of depletion, etc. 534,050, In such a district, no one shall bore a well without first getting a permit. In any basin or portion of a basin not so designated, a person may drill a well, but if he finds water he can’t use it until he gets a permit as provided by the 533 chapter, 534,090 1, Failure for five successive years on the part of the holder of any right, whether it be an adjudicated right, or permitted right, to use beneficially all or any part of