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<br />, <br /> <br />n ~J ~. It ..1 :: <br /> <br />. <br /> <br />. <br /> <br />Character of regulation <br /> <br />In general. - Regulation of 9round water under a statute based <br />upon priority of appro~rlatlon necessarl II involves In the first <br />instance recognition and preservation of preexisting rights, procedure <br />for acquiring new rights, and determination or a~judlc;Jtlon of water <br />rights, heretofore discussed. Statutes n~t basea on pllorlty of <br />apprcprlation do not purport to disturb or to enlarge the exirting <br />basis of ground water rights In the jurlsC:,ction, but th(lY are concerned <br />with existing uses of ground water and wi th new uses. ';;'lder both appro- <br />priation and nonappropriatlon statutes, resulatlon of ground water <br />includes protection and conservation of the ground water sup~ly, Instal- <br />lation of wells, supervision over withdrawal of water, and prevention <br />or correction of overdr~ft -- functions thut will be dealt with presently. <br />It also Includes registration of we!ls, reports from w;lter users, and <br />promulgation of rules and regulatlo;ls. <br /> <br />Enfor~ of regulation. - Some ground water statutes authorize <br />the State administrator lo enter upon private lands In order to examine <br />wells and obtain required data. In a numbor of States, officials may <br />bring action to enjoin violations of the statute; In 2 of them, they <br />may Intervene in court actions to prevent depletion of ground water <br />supplies. <br /> <br />Artesian conservancy districts In New Mexico have concurrent <br />authority with the Stete Engineer to enforce regulatory provisions of <br />the statute where waters within the respective districts are affected. <br />The State Engineer may Intervene In proceedings brought by or against <br />these districts when necessary to protect or adjudicate rights In the <br />pub 11 c waters. <br /> <br />VIolation of any provIsion of the ground water statute Is generally <br />declared to be a misdemeanor. <br /> <br />Protection and conservation of ground water supply <br /> <br />Western ground water legislation is replete with prohibitions <br />against depletion and unnecessary waste and pollution of grOutl::! water <br />supplies, and with directions that wasteful practices be brought <br />under contru 1. <br /> <br />There are a number of broad legislative declarations of policy. <br />Amon9 these are that of Hawaii that the ground water rer.ources of all <br />areas must be protected from the threat of exhaustion, depletion, <br />waste, pollution, and deterioration by salt water encroachment; Idaho, <br />directing the State administrator to do all things reasonably necessary <br />to prevent depletion of ground water resources; Nebraska, that conser- <br />vation and beneficial use of ground water are essential to the future <br />well being of the State; Nevada, that It Is the intent of the legiSla- <br />ture to prevent waste and pollutIon of ground water; Oregon, that <br /> <br />- 10 - <br />