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GJ131r I -- WESTERN LEGISLATION FOR PUBLIC ADMINISTRATION OF GROUND WATER By Wells A. Hutchins Farm Economics Research Division Agricultural Research Service United States Department of Agriculture Presented at Ground Water Section of the Western Resources Conference, Boulder, Colorado, August 24 and 25, 1960 The purpose of this paper Is to summarize essential principles of public administration of ground water that appear in statutes of the Western States. Heretofore in dIscussing water laws of Western States, we have Included the 17 States extending from North Dakota to Texas on the IOOth Meridian and thence westward to the Pacific Coast. Now that Hawaii has been admitted to the Union, with a ground water statute enacted by its last Territorial legislature, there are 18 States to deal with. The legislation herein consIdered deals chiefly with rights to the use of ground water and with measures to protect the quantity and quality of this great natural resource so that it will continue to be available for maximum utilization for beneficial purposes. Included are both artesian and nonarteslan waters. In some instances, separate regulation of artesian wells is noted. I. Classification of Ground Water Administration Statutes Appropriation statutes In the ground water statutes of II of the Western States, rights of use are based on priority of approp"latlon. These are Idaho, Kansas, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming. In several. the appropriation statute relates to the whole field of appropriation of water, with insertion of a few provisions relating specifIcally to ground water. The larger number of legislatures, however, have enacted separate statutes for ground water which are complete in themselves other than Incorporation of some features -- such as detal led procedure for making appropriatIons -- by reference to the general appropriation statute. "