Failure to Request Extension Dues Not Terminate Water Permits

On August 7, 1979, after receiving an application to change a well's location and the planned use of underground waters, the state engineer, after public notice and absent any protest, approved the transfer. It was required to file proof of application of water to beneficial use; the applicant requested extensions, however some of the applications for extension were filed after the previous extension had expired. A defendant contended that the failure to file applications for time extensions before the last extension expired should automatically terminate the water permits; the state supreme court noted that state law provided that the applications for extension could be made “at any time” and supported the state engineer.