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IV. Ground Water Rights Character of ground water rIght Appropriative. - Rights to the use of ground water by prior appro- priation may be acquired under the laws of II Western States (as above noted, Idaho, Kansas, Nevada, New Hexlco, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, Wyoming). ",,-' Nonapproprlatlve. - The other ground water statutes d~ not provide for the acquirement of water rights In the sense In which this term is commonly used In the West. The courts of Arlzons, Cal,forni), Hawaii, Montana, Nebraska, and Texes accord rights to the use of per~0lating water to the owner of overlying land solely because of the r~latlve situa- tions of land and water, and the Texas statute specifically s~pporls the principle. The Colorado Supreme Court recognIzes appropriative r/g~ts in percolating waters that are tributary to streams, but haS not yet h,)d occasion to decide the status of rights In nontributary waters. W~at the several ground water statutes do Is to provide for re9Jlatlo~ of existing uses, and some of them impose restrictions upon the Initiation of new uses as well. The Montana statute, which regulates the drilling and use of artesian wells, provides that any landowner may Install artesian w~lls on his land to procure water for domestic, stock, Irrigation, or ma~u- facturlng purposes. . , I . j Preexisting ground water rights The polley of legislatures In enacting ground water control stat- utes Is to specifically recognize valid prsexlstlng water rIghts. In some States, these are termed "vested rights." This paves the way for preser- vation and continuance of ground water u;es for beneficial p~rposes ante- dating enactment of the statute, under whatever right or clal'l1 of right such uses ',lay have been made, and dlsclajms any legislative Intent to avoid provIding for due process. Oregon follows a pattern set by Its surface water code In recogniz- Ing ground water rights based on actual a~pllcatlon of water to beneficial use prior to the effective date of the act, or within a reasonable time thereafter with the use of works then under construction. Provisions to the same effect are Included In the Kansas and ~outh Dokota laws. In North Dakota, a user of water frol'l a ~ource Includl"g "undergn:Hmd" for beneficial purposes over a period of 20 years prior to January I, 1934, Is deemed to have acquired a prescriptive right to the use thereof, In a ground water area designated hy the Hawaii Commission on Ground Water Resources as In need of regulation, exlstir.g lawful and beneficial uses are "preserved" for the user. The HiJw311 Su;>reme Court has hel~ thCtt '1 .4-