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<br />I.' <br /> <br />. <br /> <br />. <br /> <br />.. 090G <br /> <br />-- usually in cubic feet per second (cfs) or acre feet (af) per <br /> <br />acre. Excessive water use or waste is implicitly prohibited under <br /> <br /> <br />the Appropriations Doctrine. Further, many western states have <br /> <br />also explicitly prohibited the waste of water. <br /> <br />Second, a water right is. only a right to use a specific <br />quantity of water, where water is available and can be put to <br /> <br />beneficial use. A water right acquired pursuant to the appropriations <br /> <br />doctrine is both a real property right and a usufructuary right. <br /> <br />In other words, it is an exclusive valuable right which can be <br /> <br /> <br />defined, sold, transferred, mortgaged and bequeathed. However, <br /> <br />there is no absolute ownership of the resource (vested water <br /> <br />right) until it is actually diverted and continuously applied <br /> <br />to a beneficial purpose. Rather, the waters of the state, whether <br /> <br />in streams, rivers, lakes, or underground aquifers, are public <br /> <br />property (with a few exceptions). The state is responsible for <br /> <br />their allocation and distribution for use in accordance with <br /> <br />constitutional and statutory requirements. Further, any waters <br /> <br />returning to the hydrologic system, such as irrigators' return <br /> <br />flows and cities effluent flows, are the property of the state <br /> <br />(not the user) and are again available for allocation. This <br /> <br />fundamental aspect of the appropriations doctrine is known as <br /> <br />the "use it or lose it" principle. An appropriator only has a <br /> <br />right to withdraw a decreed amount of water, which must demonstrably <br /> <br />be put to beneficial use. Excess return flows are prima facie <br /> <br />evidence that such waters could not be beneficially used. <br /> <br />1)"'- <br />.~.3 <br />