Laserfiche WebLink
<br />Measures to prevent or correct overdraft <br /> <br />- <br /> <br />AllllroprlatlC':L stLltutes. - In the States In which statutes are <br />based on priority cf appropriation, two steps are commol'ly taken when <br />the aggregate of withdrawals of water In a designated or critical area <br />Is found to exceed the safe annual yield: (I) closing of the area to <br />the Issuance of further pennlts to approprlete water; and (2) restric- <br />tion of withdrawals of water to conform to priority rights, withdrawals <br />under the later rights being reduced or prohibited to the extent neces- <br />sary to satIsfy thE earlier ones. In a few States the administrator <br />has the option of Imposing systems of rotatlnn. <br /> <br />The Oregon State Engineer has a wIde dIscretion In the selection <br />of correctIve control provisions. He may ordar one or nore of the <br />followIng: (I) closing of the area to further appropriations; (2) <br />detarmlnatlor. of tha permIssIble total wfthdrClwal and Its apportionment <br />among spproprlators In accordance wIth relatl~e priorities; (3) accorj- <br />ing of first. orefcre~ce aesplte priorities t, domestIc ~r.1 livestock <br />uses and ther~aft~r, in ~uch order as deemed advisable, to agrlcultcral, <br />Industrial, munlcl~]1 other then domestIc, racreational, and other bene- <br />fIcial purposes; (4) reduction of permissible wlthdrewal by anyone or <br />more appropriators or wells; (5) If 2 or more wells are used by the same <br />appropriator, adjustment of the total pennlsslble withdrawal by hIm, or <br />complete prohibition of the use of one or more of such wells; (6) abate- <br />ment or sea;l~g of any well responsible for ?ollutlon of the water supply; <br />(7) Imposlticn of a system of rotation; (8) additional requirements In <br />the publiC welfare. <br /> <br />Nonallproprlatlon statutes. - In both Arizona and Colorado, critical <br />areas are closed to further developme~t of ground water resources while <br />the critical condition contInues, and new permits to drill wells and <br />withdraw waters are limited chiefly to replacement and preservation of <br />existing diversions and uses. The Colorado act provIdes thet pennlts <br />must be obtained generally for all new wells and for Increases and exten- <br />sions of eKlstlng supplIes; If located outside the boundaries of a critical <br />dIstrict, permits to use ground water will be Issued. The Colorado permIt <br />does not have the effect of granting or conferring a ground water right <br />upon the user, but It Is prima facie evidence of the date and extent of <br />the new use. <br /> <br />The board of directors of a Nebraska ground water conservatIon <br />district, after conferring wIth State and University officials and after <br />notice and public hearing. may Institute corrective measures to Insure <br />proper conservation of ground water in the district. As to the nature of <br />permissible corrective measures, the statute Is silent. <br /> <br />A Texas underground water conservation district may provide for the <br />regulation of production of water from nonexampte~ wells in order to <br />mlnlml7.~ so far as practIcable drawdown of the wal3r table or reduction <br />of artesian pressure, or to prevsnt waste. <br /> <br />. 12 - <br />