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<br />DRAFT <br /> <br />change even if they no longer make sense. <br /> <br />3 . <br /> <br />Evaluation. <br /> <br />A third general allocation method is to <br /> <br />permit transbasin diversions based upon review of a number of <br /> <br />general standards not specially designed, to reserve specific <br /> <br />amounts of water for areas of origin. <br /> <br />In appropriation states <br /> <br />following the permit system, water rights are established through <br /> <br />application with the appropriate state agency. <br />vary considerably from state to state.35 <br /> <br />The requirements <br /> <br />In some states, specific provisions address. interbasin <br /> <br />transfers. <br /> <br />A 1981 Nebraska law specifically subjects all <br /> <br />proposed interbasin transfers to a public interest review by the <br /> <br />Director of Water Resources.36 <br /> <br />A number of factors are listed <br /> <br />for consideration, though others may also be raised: <br /> <br />1. The economic, environmental, and other benefits of <br />the proposed interbasin transfer and use; <br /> <br />2. Any adverse impacts of the proposed interbasin <br />transfer and use; <br /> <br />3. Any current beneficial uses be.ing made of the <br />unappropriated water in the basin of origin; <br /> <br />4. Any reasonably foreseeable futllre beneficial uses <br />of water in the basin of origin; <br /> <br />35For example, in states like Wyoming the considerations are <br />limited to a demonstration that the diversion of water is taking <br />place and that the water is being applied to a recognized <br />beneficial use. See Wolfe, "Administering Water Rights: The <br />permit system," paper presented at Western Water Law in <br />Transition Conference (Natural Resources Law Center, U. of <br />colorado, June 3-5, 1985). Other states address a broader set of <br />considerations including, in some cases, a general "public <br />interest" standard. See, e.g. Alaska .Stat. 46.15.080 (1982); <br />Neb. Stat. S 46-235 (1984); N.M. Stat. Ann. 972-5-7 (1978). <br /> <br />36Nebraska Laws 1981, LB252, 86, Neb. Rev. Stat. 846-289 <br />(1984) . <br /> <br />15 <br />