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1945, and North and South Dakota in 1955, which provided that thereafter riparian landowners were to be governed by the same laws and would be obliged to follow the same appropriation procedures as nonriparian landowners. This legislation did not apply to landowners who were exercising or developing their riparian water rights at the time the legislation was enacted. Riparian Rights Doctrine The common-law doctrine of riparian rights is based primarily on the ownership of lands and uses of water thereon contiguous to the stream. Such law emanates from the judiciary in resolving actual disputes, and the rights and obligations pertaining to water and its uses thus have their origin in a substantial body of court decisions. Under the riparian rights doctrine the owner of land contiguous to a natural stream or natural lake may use the waters for such purposes and in such quantities as he chooses, so long as he does not appreciably diminish the flow or impair the quality of water for downstream uses. The riparian owner's right is the same as all other riparians on that stream, and it is nul acquired by actual use nor lost by failure to use the wa tee. Such rights are not expressed in specific quantities of water unless they have been apportioned by the Court. Where streamflow is ample, this permits full beneficial use by the riparian owners, but otherwise the available water must be divided on some equitable basis. Thus there is no priority of right, although upstream domestic use and the watering of domestic livestock generally are con- sidered preferential uses. However, commercial livestock watering and irrigation generally do not enjoy this preference. With the riparian rights available only to Riparian Uses Of Water Pose Mounting Problems Of Attaining "Reasonable Use" 80 lands contiguous to the stream there usually is no basis for the transfer of rights to lands not contiguous, including those of another basin. Appropriation Rights Doctrine Under the appropriation rights doctrine the beneficial use of water is the basis, the measure, and the limit of the water right. It follows that the first beneficial appropriation in time is prior in right. Appropriations are for a definite rate of direct-flow diversion or storage, and often the total quantity is specified as not to exceed a given acre-feet total per acre per season, or simply in total acre-feet, as for storage. Use of the water is dedicated to the people of the State for beneficial purposes, subject to control and regulation by the State, and generally the right to divert is not denied except where in conflict with the public interest. An appropriation right is perfected and sustained only by actual and continuous beneficial use. Generally, failure to make beneficial use of a perfected appropria- tion for a specified period (3 to 5 years) can result in its abandonment, forfeiture, cancellation, or reduction, generally following notice by the State and a hearing. Appropriated water may be used for beneficial purposes either on lands contiguous to or at a distance from the stream. In many basin States water can be taken into adjacent watersheds or basins. Although interbasin diversions have been allowed in Nebraska, it is not clear under what circumstances and when this can be accomplished. 1-... _____ Water Appropriations Protect Irrigators - ---- AndOtnerOserS-~- Under the exclusive system of appropriative rights, all water in the natural stream is subject to appropriation. However in most cases there is separate consideration and accounting for water taken under direct flow, as against storage rights. Generally the appropriator is entitled to collect seepage and retu rn waters, by means of drains or ditches, upon any part of the lands under a