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<br />003124 <br /> <br />. <br /> <br />. <br /> <br />It should be noted that the burden rests upon the one <br /> <br /> <br />who claims to have salvaged waters to show by competent evidence <br /> <br /> <br />the amount he has salvaged, especially so when he has mingled his <br /> <br /> <br />alleged new supply with that to which another is entitled, for <br /> <br /> <br />he cannot justify an interference with the right of a prior appro- <br /> <br /> <br />priator. <br /> <br />A problem that arises when dealing with salvaged water <br /> <br />is what is or is not salvaged water. In a California case, an <br /> <br /> <br />appropriator, upon replacing a leaky dam and ditches, claimed <br /> <br /> <br />the right to the water thereby saved, the court held that the <br /> <br /> <br />appropriator was not entitled to the use of such waters because <br /> <br />the same returned to the stream and the lower appropriators had <br /> <br />used them long enough to establish a prescripted title. Actually, <br /> <br />the court discusses this matter in terms of salvaged water, <br /> <br />whereas the proper terms would probably have been waste water. <br /> <br />Needless to say, the law of waste water is different in many <br /> <br />states than the law of salvaged water. <br /> <br />This also brings up another problem. How soon should <br /> <br />the appropriator make application for water that he has salvaged? <br /> <br />Surely, if he waits a considerable time, other appropriators will <br /> <br />soon rely upon the salvaged water and defeat his right to the <br /> <br />same. Two (2) years is suggested as a reasonable period within <br /> <br />which to file an application to appropriate the salvaged waters. <br /> <br />-3- <br />