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<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 />
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