|
<br />
<br />
<br />iJ01549
<br />
<br />California
<br />
<br />Since 19'14 water can be appropriated in California only through
<br />filing an application (sees. 1200-1360) with the State Water Rights Board
<br />and proceeding under statute to permit and license; Filing of an appli-
<br />cation to appropriate water for stock ponds" even for seasonal purposes,
<br />is required. Unlike most States, Callfornia recognizes both the appro-
<br />priative and riparian dodrinesof water law. The riparian ,right does
<br />not, however, carry with it the right to alter substantially the regimen
<br />of flow through seasonal storage., However, California riparian doctrine
<br />recognizes the judicial principle of preference is use of water for, domestic
<br />and farm stock watering as between riparians, even to the point of allow-
<br />ing the upstream owner to exhaust the streamflow if he needs it all there-
<br />for. But this preference is confined to water for stock needed for sustena,nce
<br />of the farm family; it do es not extend to watering large, commercial herds.
<br />
<br />.
<br />
<br />-~
<br />:1
<br />-i,
<br />.'
<br />:~
<br />t
<br />;.;
<br />.,~
<br />)
<br />::~
<br />,::,~
<br />-::}
<br />"
<br />::S~
<br />'I,'
<br />.:~
<br />-'"r,
<br />~$
<br />:;:"
<br />$:1
<br />~. .'
<br />"
<br />,o'~
<br />."
<br />
<br />It isimpro bable that many of the dams, which have been bu ilt in
<br />connection with stock ponds would come under State supervision from the
<br />standpoint of safety; however, . some of the larger ones might. The Cali-
<br />fornia water code defines a dam as an artificial barrier,across a stream
<br />channel, water cO.urse, or natural drainage area, which may impound or
<br />divert water, and which either (a) is 25 feet or ,more in height from natural
<br />stream bed to spillway crest, 'or (b) has an impounding capacity of 50 acre-
<br />feet or more. Barriers less than 6 feet in height, regardless of capacity
<br />or those holding back less than 15 acre-feet of water, regardless elf height,
<br />are not subject to State supervision.
<br />
<br />The code (secs.6000 to 6452) provides for supervision by the
<br />Department of ,Water ResOl,lrces over the design, 'construction alteration,
<br />maintenance, and operation of all dams as defined above except those in
<br />which the Federal Government retains ownership and the respons ibility
<br />for operation and maintenance. '
<br />
<br />Failure to apply fora permit where a dam large enough to come
<br />under jurisdiction is involved, ,may result in the necessity,.for costly
<br />alteration or removal of the structure when its existence is later brought
<br />to the attention of the Department of Water Resources
<br />
<br />Colorado
<br />
<br />>"
<br />
<br />In Colorado an intending appropriator does not apply for a permit
<br />to appropriate water. He begins construction work and within 60 days
<br />thereafter files a claim with the State Engineer. I.n regards to stock
<br />water ponds, the laws of Colorado, pas sed in 1941, authorize the ,con-
<br />struct ion of dams on watercours es, the' channels of which are normally
<br />dry, to create small res ervoirs or tanks for stock-watering purposes
<br />
<br />
<br />59
<br />
<br />
<br />.'. >,'
<br />-'.'
<br />
<br />-
<br />
<br />'.."'.,';
<br />
<br />'. :',:d
<br />
<br />:~ " -.:~ '.
<br />'j/:_>'-
<br />:;/>"1::
<br />
<br />
<br />I
<br />~~~~:t~
<br />":./;~i;~
<br />, ...-"
<br />
<br />.~;i;;
<br />
<br />:.:;/.....;::
<br />
<br />~;~;\:.
<br />.:}:>
<br />
<br />
<br />I
<br />
<br />
<br />3>w,1I!
<br />
<br />ti~
<br />
<br />:if<of..-.'.-,-
<br />
<br />~t~
<br />
<br />,~*i'
<br />:~"1;
<br />~
<br />~
<br />
<br />.~. ~
<br />
<br />~~::'!~
<br />'Ef,
<br />;-;'l;-~
<br />
|