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<br />28 <br /> <br />Table 3. - Water Withdrawals (WD) and Consumptive Use (CU) for 1975, 1985 and <br />2000, by Function, Missouri River Basin <br />1975 1985 2000 <br /> <br />Purpose WD CU WD CU WD CU <br /> 1,000 acre-feet <br />Municipal & Industrial 1,223 479 1,668 651 2,107 809 <br />Rural Domestic 188 122 204 127 202 122 <br />Manufacturing (Self-Supplied) 728 217 1,020 376 1,308 567 <br />Mining 350 127 362 131 446 154 <br />Irrigation 31,390 16,053 37,688 20,351 43,226 25,331 <br />Livestock 489 480 653 643 826 814 <br />Steam Electric 3,960 75 6,804 264 5,690 713 <br />Missouri Basin Total 38,328 17,553 48,399 22,543 53,805 28,510 <br /> <br />Source: 1975 National Water Assessment, Missouri Region State - Regional Future <br /> <br />counting for some 90 percent of the Basin total In each time <br />frame. Consumptive use by livestock and municipal and indust- <br />rial users each comprise another 3 percent of total consump- <br />tive use. <br /> <br />Table 3 summarizes Missouri Basin gross withdrawals <br />and consumptive use for seven major purposes for 1975, 1985 <br />and 2000. Table 4 displays subbasin totals of gross withdraw- <br />als and consumptive use for all functions for the same three <br />time periods. <br /> <br />Legal and Institutional Aspects <br /> <br />Development and management of water resources has <br />long been recognized as a responsibility to be shared with pri- <br />vate interests, the States, and the Federal Government in the <br />Missouri River Basin. Their resource objectives and programs <br />are largely complementary, as are most of their water laws and <br />policies, though areas of uncertainty and challenge exist. <br /> <br />STATE WATER LAWS <br /> <br />In the general field of water laws two fundamental doc- <br />trines have been adopted by the States of the Basin reflecting <br />in part the origin of those who formulated them, and also the <br />variable climatic and hydrologic conditions found from the sub- <br />humid east to arid west over the Basin. <br /> <br />The common. law doctrine of riparian rights is based <br />primarily on the ownership of land and uses of water thereon or <br />contiguous to the stream. Under the riparian rights doctrine the <br />owner of land contiguous to a natural stream or natural lake <br />may use the waters for such purposes and in such quantities <br />as he chooses, so iong as he does not appreciably diminish the <br />flow or Impair the quality of water for downstream uses. <br /> <br />Under the appropriation rights doctrine, the beneficial <br />use of water is the basis, the measure, and the limit of the <br />water right. It follows that the first beneficial appropriation in <br />time is prior in right. Unlike the riparian doctrine, appropriations <br />are for a definite rate of direct-flow diversion or storage. Olten <br />the total quantity is specified as not to exceed a given acre. foot <br />total per acre per season, or simply in total acre-feet, as in <br />storage. <br /> <br />Within the basin Minnesota and Missouri recognize <br />primarily the riparian doctrine, while Colorado, Montana, and <br />Wyoming have specifically repudiated it and established the <br />doctrine of appropriation rights. The Iowa water rights law <br />makes substantially all uses of water in the State subject to <br />permit and administrative regulation as to diversion, storage, or <br />withdrawal, over some period of time not to exceed 10 years. <br />Kansas, Nebraska, and North and South Dakota depend on the <br />appropriation rights doctrine, but recognize the riparian doctrine <br />in varying degrees in relation to the statutory rights, <br /> <br />With respect to percolating ground water, there are three <br />common- law rules which are applied variously throughout the <br />Basin. First, there is the so.called "English rule" which givlls <br />the overlying landowner the absolute ownership of water per. <br />colatlng beneath the surface of his lands, Second is the so. <br />called "American rule," which gives the overlying landowner <br />the right to a "reasonable use" of such water. Third is the so- <br />called "California rule," which gives the overlying landowner a <br />correlative right to the use of the ground water underlying his <br />land, which in times of shortage requires him to share with his <br />neighbors whose lands overlie this water resource. <br /> <br />The three States of Iowa, Minnesota, and Missouri apply <br />the rules of reasonable use to ground water, with Iowa and <br />Minnesota requiring permits. Several State&--notably Col- <br />orado, Montana, North Dakota, South Dakota, and <br />Wyoming-treat ground water use in a manner similar to the <br />surface water appropriation system. Other Basin States apply <br />minimal control over landowners' use of ground water, but usu- <br />ally require permits. Further, the States of Colorado, Kansas, <br />Montana, Nebraska, and Wyoming provide for designation of <br />"controlled ground water areas" subject to more stringent <br />management. <br /> <br />INTERSTATE COMPACTS, COURT DECREES, <br />AND INTERNATIONAL TREATY <br /> <br />Where rivers cross State boundaries and as water use <br />increases there may be problems in allocation of the interstate <br />