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<br />001551
<br />
<br />"Use rights" obtained through the "oonstitutional method~;"'oI
<br />diversion of water for beneficial use do not have an amount of water or
<br />date of priority recorded until the right is questioned in court and the
<br />right has been decreed by the district court.
<br />
<br />The statute provides that, "any person, association Or corpora-
<br />tion hereinafter intending to acqu ire the right to the benefic ial use of the
<br />waters of any natural streams, springs, or seepage waters, or lakes or
<br />other public waters in the State of Idaho, shall, befpre doing any work
<br />in connection with the proposed appropriation, make application tothe
<br />Department of Reclamation for a permit to make the appropriation" (sees.
<br />42-201 and 42-202). Upon the completion of works, a certificate is issued
<br />the water uSer and upon proof of use, a license evidencing suc,h a right is
<br />iss ued,.
<br />
<br />No special plans are required for dams less than 10 feet in height
<br />or which store less than 100 acre-feet, except in cases where failure of
<br />the dam may caus e damage to life or property (sec. 42-1707).
<br />
<br />Nevada
<br />
<br />Application to appropriate water is required (s ec. 533. 325), an
<br />exception from the normal procedure being that a sufficientmeasure of
<br />the quantity of water needed for watering range livestock be given in
<br />number and kind of animals (sec. 533.490).
<br />
<br />Application for approval of plans a,nd specifications is required
<br />before commencing construction of a dam 10 feet or more in height, or
<br />less than 10 feet high, and to impound more than 10 acre-feet (sec. 535.010).
<br />Exceptions are made in favor of certain Federal agencies.
<br />
<br />,.
<br />
<br />Prior to the establishment of the grazing districts by the Federal
<br />Government, stock water rights played an important part in range control
<br />in the State of Nevada. The 1925 Stock Watering Act established the
<br />individual's grazing privileges based on 'chis control of the water supplies.
<br />Livestock suppliers were conscientious about filing and making their
<br />water rights a matter of record. At the time grazing districts were
<br />established in Nevada, ther e was a concerted effort by all 1 ivestock oper"
<br />ators to make their water rights a matter of record, especially in the
<br />areas where water rights were used to establish the base of an operator's
<br />grazing rights. After the districts were formed and grazing rights estab-
<br />lished, interest in filing for stock water subsided, although development
<br />of stock water by means of ponds and other methods continued. Livestock
<br />operators felt that obtaining permission from the Bureau of Land Manage-
<br />ment, by means of section 4 permits, was sufficient protection of their
<br />stock-water lng developments.
<br />
<br />61
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