82 



ACaUIREMENT OF RIGHTS. 



Any person, association, or corporation wishinc^ to appropriate 

 water must make application to the State engineer for a permit to do 

 so, in tlie form prescribed by the State engineer, giving " the data nec- 

 essary for the proper description and hmitation of the right apphed for, 

 as also the amount of water applied for and the periods of annual use, 

 together with such information, maps, field notes, plans, and specifica- 

 tions as may be necessary to show the method and practicability of the 

 construction and the abihty of the applicant to complete the same." 

 The engineer may send them back for correction and further informa- 

 tion. The applicant must publish notice of his application, giving the 

 essential facts as to the proposed appropriation, and submit proof of 

 publication. Upon receipt of proof of publication, the engineer is to 

 determine from the testimony of the interested parties, such surveys as 

 are available, and the records of his office, whether there is unappro- 

 priated water in the stream. If there is, and the approval of the appli- 

 cation is not contrary to the public interests, the engineer is to approve 

 it. Any applicant dissatisfied with the action of the engineer may 

 appeal to the district court of the count}^ in which the proposed place of 

 diversion or storage is situated. The approved application must state 

 the time required to complete works, and if after approval of applica- 

 tion one-fifth of work is not done in one-half of the time allowed, the 

 engineer may accept and approve an application from some one else 

 for same water, and the original applicant will thus lose his priority. 

 But the engineer may extend the time allowed the original applicant 

 to such an extent as construction has been prevented by the operation 

 of law. 



On the date set for the completion of the works or sooner, on receipt 

 of request of the appropriator, the engineer is to cause the work to be 

 inspected. If it is not satisfactorily completed the engineer may 

 require changes, granting not to exceed six months for this. If it is 

 satisfactorily completed, the engineer is to issue a certificate "setting 

 forth the actual capacity of the works, and making such limitations 

 upon the right as shall be warranted by the condition of the works, but 

 in no manner extending the rights described in the permit." 



Upon the date set for the application of the water to a beneficial use 

 the engineer is to examine the works and issue a license to appropriate 

 water to the extent and under the conditions of the actual application 

 thereof to a beneficial use, but in no manner extending the rights 

 described in the permit. The engineer may extend the time for com- 

 pleting works not to exceed three 3'ears, and for applying water not to 

 exceed two years, " but only on account of physical or engineering diffi- 

 culties which could not have been reasonably anticipated, or by opera- 

 tion of law beyond the power of applicant to avoid." 



