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<br />GG139f <br /> <br />. <br /> <br />. <br /> <br />Nonapproprlatlon statutes <br /> <br />Statutes of Arlzone, Colorado, Hawaii, Nebraska, and Texas provide <br />for certain controls over withdrawals of ground water, but not on a basis <br />of prior appropriatIon. <br /> <br />Statutory provisions In California relate chiefly (I) to preven- <br />tion of waste from artesian wells and to reports of Installation of <br />water wells generally, and (2) to use of ~lternate water supplies and to <br />recordation of water extractions and diversions in sp~clfied counties. <br />In Montana they relate to prevention of waste of artesian water and to <br />filing of records of water wells. <br /> <br />Exemptions <br /> <br />Most States that impose r~strictlons upon the exercise of ground <br />water rights or us~s provide exemptIons therefrom. Although varying in <br />coverage, they relate chiefly, but not exclusively, to small withdrawals <br />of water for domestic purposes and watering of livestock, lawr.s, and <br />garden~. <br /> <br />II. Ground Waters Affected <br /> <br />Basic classifications <br /> <br />Application of statutory restrictions to all ground waters that <br />are free to move through the soil and are capable of physical control <br />prevails by a large margin In the West. <br /> <br />Exceptions are: (I) Arizona, Oklahoma, and Texas, which exclude <br />definite underground streams and therefore relate to percolating waters <br />only; (2) WashIngton, which adheres to the classification of bodies of <br />water tha existence and boundaries of which may be reasonably established <br />or ascertained; (3) New Mexico, where the main statute refers to..under- <br />ground streams, channels, artesian basins, reservoirs, or lakes, having <br />reasonably ascertainable boundaries, and a 1953 enactment to all ground <br />waters of the State. <br /> <br />Interconnected surface and ground waters <br /> <br />The fundamentally Important association and Interdependence of <br />surface streams and ground waters, known so well and so long by hydrolo- <br />gists and becoming better known generally, finds expression in statutes <br />of Colorado, Idaho, Oregon, Washington, and Wyoming. In one State or <br />another, legislation Includes such matters as recognition of relative <br />rights In the correlated common supply of surface and ground water In a <br />single schedule of priorities, whether a particular diversion be made <br />from a stream or a well; imposition of conditions In a ground water permit <br />to prevent substantial Interferencc with surface water appropriative <br />rights as well as other ground water rights; incorporatlon.of stream and <br /> <br />- 2 - <br />