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<br />, <br /> <br />003125 <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />A problem which haunts an appropriator who salvages <br /> <br /> <br />water is what procedure should he follow in attaining a recognized <br /> <br /> <br />use to the salvaged water? In a Utah case, the district court <br /> <br />decreed to an appropriator who salvaged water the alleged increase <br /> <br />in flow he obtained by his endeavors. The Supreme Court held that <br /> <br />the district court should not have decreed to the appropriator the <br /> <br />use of the increase in flow without requiring him to comply with <br /> <br />the statutory law of appropriation. <br /> <br />It would appear then that the legal problems are in- <br /> <br />separably intertwined with engineering problems in establishing <br /> <br />a claim to the use of water which may be salvaged by phreatophyte <br /> <br />control operations. The amount of water which is subject to <br /> <br />salvage must be determined to the satisfaction of the courts, <br /> <br />both as to the original work which is done in effecting this sal- <br /> <br /> <br />vage and to the maintenance procedures which will be followed to <br /> <br /> <br />insure that the water which is salvaged will be a continuous <br /> <br /> <br />quantity. A supportable determination must also be made as to <br /> <br />the location at which the salvaged water will be available for <br /> <br />appropriation without detriment to prior appropriators. Water <br /> <br />which is appropriated as salvaged water must be appropriated <br /> <br />promptly, following the salvage operations, so that other appro- <br /> <br />priators do not become dependent upon this salvaged water as <br /> <br />their source of supply and thus foreclose the person or agency <br /> <br />who accomplishes the work resulting in the salvage. <br /> <br />-4- <br /> <br />,) <br />