45-162. Certificate of water right; time
limitation on use of water for power purposes
A. When it appears to the satisfaction of the director that an appropriation has
been perfected and a beneficial use completed in accordance with the provisions of this
article, the director shall issue to the applicant a certificate signed by the director
and attested by the seal of the department. The certificate shall set forth the name and
address of the owner of the right, the priority of date and the extent and purpose of the
right and, if the water is for irrigation purposes, a description of the legal
subdivisions of land to which the water is appurtenant. On receiving the certificate,
the owner may transmit the certificate and the recording fee to the county recorder of
the county in which such right is located, who shall record the certificate in a book
kept for that purpose and immediately transmit the certificate to the owner.
B. Certificates for rights to the use of water for power development shall limit
the right or franchise to a period of forty years from the date of application, subject
to a preferred right of renewal under the laws existing at the date of expiration of the
franchise or right. The right acquired by the appropriation shall date from filing the
application with the director, and delays in the processing or granting of an application
to appropriate or an application for a permit to construct or enlarge a reservoir do not
affect the validity of the appropriation or the date of priority assigned to the
appropriative right.
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