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<br />would not reach the senior user on the surface or by channel subflow. <br />But if a single pond, or the cumulat ive effect oLmany stock ponds, is <br />to prevent the senior from receiving any part of his rightful supply, he <br />has a legal remedy. <br /> <br />[~;~~;~ <br />~~{~; <br />~.}l.iizJ" <br />'~~~~ <br />::,:~~~:,~;:>: <br />~:,:i;1,\}~: <br /> <br />~ <br /> <br /> <br />(:~.::'\:;..:/:: <br /> <br />!.!:t~i~.i:,;' <br /> <br />;0.': <br /> <br />iHJl548 <br /> <br />Because of the 'different laws and policies governing acquisition <br />and administration of water rights in the various States; it is felt desir- <br />able to include a brief resume of the laws by States. Perhaps such a <br />summary will be a gu ide not only to those wishing to construct ponds, <br />but also to agencies ass isting on the stock-water development program. <br />It may also call to the attention of the various States the differences that <br />exist and may even suggest the poss ibility of trying for more uniformity <br />in the laws and administration. <br /> <br /> <br />Following is a discuss ion for each of the nine States and a table <br />summarizing the requirements. <br /> <br />Arizona <br /> <br />In Arizona a person is in violation of the State water code who <br />"uses, stores, or diverts water without or before the issuance of a per- <br />mit to appr'opriate such waters" (sec. 45-109}. Also, water appropriated <br />for irrigation becomes appurtenant to a specific area or tract of land, <br />but provision is made for severance under certain conditions (sec. 45-172). <br />The Arizona statute prescribing conditions for changes in place of use <br />does not mention stock watering (sec. 45-146). <br /> <br />i'Beforebeginning construction of a storage dam to be <br />us ed exclusively for watering livestock, the maximum <br />height of which is to be 10 feet or more, or a dam which <br />will impound 50 or more acre-feet of water, the owner <br />shallpr<:,sent complete plans thereof to the State Lana <br />Department for approval. Construction shall not com- <br />mence until approval by the department is received in <br />writlng and water shall not be stored in the reservoir <br />until the dam as contru cted is actepted by the department. <br />Any person violating this section is guilty of a misde- <br />meanor." (ARS 45-731.) <br /> <br />"The outlet of a storage dam described in 45-731 <br />shah be large enough to accommodate the flo'od flow of a <br />stream on which the dam is located." (ARS 45-732.) <br /> <br />58 <br />