Laserfiche WebLink
<br />00 13 L~ <br /> <br />I ., <br /> <br />owners of land In an artesian area have rights in the common ~upply of <br />water. However, the statute declares that a certificate of preserved <br />use Is deemed to constitute a description of the use that Is preserved, <br />and not an adjudication of property rights In the ground water supply. <br /> <br />Claimants of preexisting rights are required in some States to <br />file declarations of their claims. <br /> <br />I' <br />i <br />,I <br /> <br />Procedure for appropriating ground water <br /> <br />Procedure for acquiring appropriative rights under th~ ground <br />water statutes followsthe famIliar pattern whIch was dcvelop,-,d for <br />surface stream water rights before the turn of the century and which Is <br />In effect now with respect to surface waters In nearly all Western States. <br />The first step Is the filing of an application to appropriate water with <br />the State administrator, who grants the application only If unappropriated <br />water Is available and other specified requirements are met. The approved <br />application may constitute a permit to make the appropriation, or ~ sepa- <br />rate documentary permit may be Issued. In any event, the grantee has <br />pennisslon to proceed with his Intended project under conditions stated <br />In the law and In the permit Itself. On completion of construction work <br />and applIcation of water to the proposed use, the permittee receIves a <br />license or certificate of appropriation which evidences the State's approval <br />of his appropriation of ground water and Its consent that he proceed to <br />exercise his right subject to all prior rights. <br /> <br />I n near Iy a 11 western ground water approi'ri at i on statutes the <br />prescribed appropriation procedure Is cle~~ly, or at lcast by strong <br />presumption, the exclusive method of acquiring a ground water rlgh~. <br />Idaho Is a definite exception. There an Intending approprlat~r ma} either <br />follow the statutory procedure, or he may acquire an equally valid rIght <br />by diversion and application of the water to beneficial use, at his option. <br />A partial exception obtains In New Mexico, where the permit procedure Is <br />required only In basins declared by the State Engineer to have reasonably <br />ascertainable boundaries. <br /> <br />A few other variations may be noted. In Idaho and WyomIng. an <br />application In an area not designated as critical is granted If all <br />requirements are met; but In a critical area, notice must be given and <br />a hearing held on objectIons. An intending appropriator in a designated <br />basin In Nevada must obtaIn a pennlt before doing any work; otherwise <br />under nonartesian conditions a permit is unnecessary until the well is <br />Installed and water developed, but one must be obtained before diverting <br />the water. The Utah State Engineer may issue a temporary permit to dri II <br />a well after the filing of an application to appropriate water therefrom. <br /> <br />Permit limitations and restrictions <br /> <br />. Some ground water statutes speCifIcally authorize administrators <br />to Include in permits requirements as to proper ex~rcise of the right. <br />For example, the Oregon State Engineer may impose conditions designed <br /> <br />- 5 - <br />