1. Before approving any application for the right to use water for watering livestock, the State Engineer shall determine, by examination on the ground or otherwise, that the right and use applied for will not contravene the policy of NRS 533.495 . If the State Engineer shall determine that the right applied for will contravene such policy, the State Engineer must reject the application. 2. If the water applied for shall be along the course of or in the immediate vicinity of an established or customary driving route for moving livestock from one range to another, the State Engineer may reject the application even if no previous right shall exist for any portion of such water, if the State Engineer shall determine that such water will best subserve the public interest by being reserved for the watering of livestock while so being driven along such customary driving route.
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