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<br />r-.'3ot <br />\jU.J.. v <br /> <br />. <br /> <br />. <br /> <br />WESTERN LEGISLATION FOR PUBLIC ADMINISTRATION <br /> <br />OF GROUND WATER <br /> <br />By "Iel Is A. lIutchlns <br />Farm Economics Research Division <br />Agricultural Research Service <br />United States Department of Agriculture <br /> <br />Presented at Ground Water Section of the Western <br />Resources Conference, Boulder, Colorado. <br />August 24 and 25, 1960 <br /> <br />The purpose of this paper Is to summarize essential principles of <br />public administration of ground water that appear in statutes of the <br />Western States. Heretofore in discussing water laws of Western States, <br />we have included the 17 States extending from North Dakota to Texas on <br />the 100th Meridian and thence westward to the Pacific Coast. Now that <br />Hawaii has been admitted to the Union, with a ground water statute <br />enacted by Its .Iast Terri tori a I legl s lature, there are 18 States to dea 1 <br />wi tho <br /> <br />The legislation herein considered deals chiefly with rights to the <br />use of ground water and with measures to protect the quantity and quality <br />of this great natural resource so that it will continue to be avai lable <br />for maximum utilization for beneficial purposes. Included are both <br />artesian and nonarteslan waters. In some Instances, separate regulation <br />of artesIan wells is noted. <br /> <br />I. Classification of Ground Water <br />Administration Statutes <br /> <br />Appropriation statutes <br /> <br />In the ground water statutes of 11 of the Western States, rights <br />of use are based on priority of appropriation. These are Idaho, Kansas, <br />Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, <br />Washington, and Wyoming. In several, the appropriation statute relates <br />to the whole field of appropriation of water, with insertion of a few <br />provisions relating specifically to ground water. The larger number of <br />legislatures, however, have enacted separate statutes for ground water <br />which are complete in themselves other than IncorporatIon of some <br />features -- such as detal led procedure for making appropriations -- by <br />reference to the general appropriation statute. <br />