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<br />DRAFT <br /> <br />origin and citizens within the areas of origin have a prior right <br /> <br />to water originating therein to the extent that it may be <br /> <br />required for beneficial use therein."29 <br /> <br />The Oklahoma Water <br /> <br />Resources Board has defined excess and surplus water as "that <br /> <br />amount of water which is greater than the present or reasonable <br /> <br />forseeable [sic] future water requirements needed to satisfy all <br /> <br />beneficial uses within an area of ori~in."30 <br /> <br />.In an interstate coritext, waters have been formally allo- <br /> <br />cated by two general means--interstate compacts and court <br /> <br />decreed equitable apportionment. <br /> <br />The Colorado River Compact of <br /> <br />192231 is the classic example of an interstate compact one of the <br /> <br />major purposes of which was to protect the future availability of <br /> <br />wa te.r for the areas of orig in of the Colorado River. <br /> <br />Colorado <br /> <br />and other upper basin states were concerned that the rapid growth <br /> <br />in southern California would result in full appropriation of the <br /> <br />29Id. <br /> <br />300klahoma Water Resources Board Rules, Regulations and <br />Modes of Procedure 8125.1 (1979 Revision). In a case that has <br />been before the Oklahoma Supreme Court for two years, one of the. <br />issues is whether out-of-basin diversions remain subject to <br />possible "recall" by subsequent appropriators in the basin of <br />origin. Oklahoma Water Resources Board v. Franco-American <br />Charolaise, Ltd. et. al.,Case No. 59, 310. The Board's position <br />is that protection is provided only to those in the area of <br />origin holding water rights or applications for water rights at <br />the time of application for an out-of-basin diversion. Brief of <br />Appellant, Oklahoma Water Resource Board (May 31, 1983) at 37. <br />The Oklahoma Distr ict Court had decided that the rights being <br />sought in this case must be made "subject to recall" by subse- <br />quent users within the stream system of origin. <br /> <br />3170 Congo Rec. 324(1928), approved by Congress in the <br />Boulder Canyon Project Act, Ch. 42, Ih3, 45 Stat. I064 (1928), 43 <br />U.S.C. 8617(1) (1982). <br /> <br />13 <br />