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Show WHO MAY APPROPRIATE WATER 249 The New Mexico Supreme Court has held that a city's appropriative right may extend to its future use to satisfy its needs resulting from normal increase in population within a reasonable period of time. If not so applied, such right may be lost.125 Other means of reserving water for future needs ofmunicipality.- A statute enacted by the Texas legislature in 1931, and incorporated into the water appropriation act, accords to "any city, town or municipality of this State" the right to make appropriations of water from streams-other than an interna- tional boundary stream, which of course is the Rio Grande-for domestic and municipal purposes, which will supersede appropriations already made after passage of the act for other purposes without the necessity of compensating the holders of the latter, "any law to the contrary notwithstanding."126 The "appropriations or allotments of water hereafter made" that are subject to this burden are for "hydro-electric power, irrigation, manufacturing, mining, navigation, or any other purposes than domestic or municipal purposes." In a Federal court suit, it was strongly contended that in granting this right of appropriation from certain streams "without the necessity of condemnation or paying therefor," the Texas act was unconstitutional as applying different rules of priority to the waters of the Rio Grande from those of the Colorado, Trinity, Brazos, and other Texas rivers. However, in holding the act to be not objectionable as reflecting any arbitrary discrimination or repugnant classifica- tion, the court observed that a number of things about this international stream tended to bring the statute within the permissible discretion of the legislature. "In short," said the court, "Texas does not and cannot have a free hand with this particular river.* * * The article in question [art. 7472a] is held constitutional."127 The legislature of Oregon grants to Portland and certain other cities in the State exclusive rights to appropriate waters of certain named streams for their municipal purposes.128 Some other special considerations.-The Oregon legislature's attention to municipal water supply matters is further evidenced by the following: Municipalities are exempted from certain general requirements concerning the time of beginning work under permits to appropriate water, and from cancellation of permits on certain grounds. Municipalities are granted the same rights as those accorded to the State with respect to public recapture of 125State v. Crider, 78 N. Mex. 312,431 Pac. (2d) 45 (1967). The court indicated that such treatment was comparable to that accorded appropriations for anticipated expansion in irrigated acreage. See discussion below under "Methods of Appropriating Water of Watercourses-Completion of Appropriation-Gradual or Progressive Development." 126 Tex. Rev. Civ. Stat. Ann. arts. 7472 and 7472a (1954). 127El Paso County W. I. Dist. No. 1 v. El Paso, 133 Fed. Supp. 894, 906-907 (W. D. Tex. 1955), affirmed in part, reversed in part but not on the matter considered here, 243 Fed. (2d) 927 (5th Cir. 1957), certiorari denied, 355 U.S. 820 (1957). 128Oreg. Rev. Stat. § § 538.420-.450 (Supp. 1970). |
