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Mr# Edward C# Renwick #2 8 The quantity of water from either a sur- face or underground source which may faerefe after he appropriated in this state shall be limited to such water as shall reason* ably be required fo be served#w r the beneficial use to 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 theraafter 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 secatpiponlsi caobf let het oA ctth isr ealpaptliivcea ttioo nn.otice, publication, etc#, are The following is a brief summary of applications icno n1c9e4r5n ianngd wmaatye rb er ihgehltpsf uplr eptaor yeodu #by State Engineer Smith * The waters of'all sources of water supply within the boundaries of the S^ate, 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 atop pbleinceaftiicoina lf ours ep#ermission to appropriate and apply the water
