Section 16
SEC. 16. If there is no unappropriated water in the source of supply, the Secretary of Commerce and Police, through the Director of Public Works, shall deny the application in writing, a record thereof being filed in his office, and shall return the application so denied to the applicant, who shall not prosecute any work under his application. If the applicant shall perform any work under his application he shall be guilty of and punished for a misdemeanor. If the source of supply be a navigable stream, the application must be referred by the Director of Public Works to the Director of Navigation, who shall return the application with his recommendation thereon. If there is unappropriated water in the source of supply named and the appropriation is not detrimental to the public, the Secretary of Commerce and Police, through the Director of Public Works, shall approve the application, indorse such approval upon the application, a record of such approval and indorsement being filed in the office of the Director of Public Works, and shall return the application so indorsed to the applicant, who shall, on receipt thereof, be authorized to take such measures us may be necessary to perfect such appropriation: Provided, however, That in case Limited right, there is an insufficient supply for the total amount of water applied for, the Secretary of Commerce and Police, through the Director of Public Works, may approve an application for a less amount of water.