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<br />G~139f <br /> <br />. <br /> <br />. <br /> <br />owners of land in an artesian area have rights in the common supply of <br />water. However, the statute declares that a certificate of preserved <br />use is deemed to constitute a description of the use that is preserved, <br />and not an adjudication of property rights in the ground water supply. <br /> <br />Claimants of preexisting rights are required in some States to <br />file declarations of their claims. <br /> <br />Procedure for appropriating ground water <br /> <br />Procedure for acquiring appropriative rights under th6 ground <br />water statutes followsthe faml liar pattern which was dcvelop(~d for <br />surface stream water rights before the turn of the century and which Is <br />In effect now with respect to surface waters in nearly all ~estern States. <br />The first step is the filing of an application to appropriate water with <br />the State administrator, who grants the application only If unappropriated <br />water is available and other specified requirements are met. The approved <br />application may constitute a permit to make the appropriation, or a sepa- <br />rate docum~ntary permit may be issued. In any event, the grantee has <br />permission to proceed with his Intended project under conditions stated <br />in the law and In the permit Itself. On completion of construction work <br />and applIcatIon of water to the proposed use, the permittee receIves a <br />license or certificate of appropriation which evidences the State's approval <br />of his appropriation of ground water and Its consent that he proceed to <br />exercise his right subject to all prior rights. <br /> <br />In nearly all western ground water appropriation statutes the <br />prescribed appropriation procedure is clearly, or at least by strong <br />presumption, the exclusive method of acquiring a ground water righ~. <br />Idaho Is a definite exception. There an intending appropriator may either <br />follow the statutory procedure, or he may acquire an equally valid right <br />by diversion and application of the water to beneficial use, at his option. <br />A partial exception obtains In New Mexico, where the permit procedure Is <br />required only in basins declared by the State Engineer to have reasonably <br />ascertainable boundaries. <br /> <br />A few other variations may be noted. In Idaho and Wyoming, an <br />application In an area not designated as critical is granted if all <br />requirements are met; but in a critical area, notice must be given and <br />a hearing held on objections. An Intending appropriator In a designated <br />basin In Nevada must obtain a permit before doing any work; otherwise <br />under nonarteslan conditions a permit Is unnecessary unti I the well is <br />Installed and water developed, but one must be obtained before diverting <br />the water. The Utah State Engineer may issue a temporary permit to dri 11 <br />a well after the filing of an application to appropriate ~ater therefrom. <br /> <br />Permit limitations and restrictions <br /> <br />Some ground water statutes speCifically aut~orize administrators <br />to Include in permits requirements as to proper ex~rcise of the right. <br />For example, the Oregon State Engineer may Impose conditions designed <br /> <br />- 5 - <br />