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Show 326 APPROPRIATION OF WATER The Oklahoma courts had impressed upon the appropriative process in that State a statutory construction not found elsewhere in the West. This was that ahydrographic survey and a determination of existing rights were prerequisite to the issuance by the State of a permit to appropriate water for irrigation purposes, although not for the development of waterpower. Since 1963, how- ever, this is no longer required for appropriating water for irrigation or other purposes.511 Procedures for the acquisition of storage water rights are noted later (see "Storage Water Appropriation"). (2) Exceptional preapplication provisions, (a) An intending appropriator in New Mexico may file with the State Engineer a notice of intention to make formal application for a permit to appropriate certain public water. The State Engineer may allow a reasonable time for making the surveys and obtaining the data required for a formal application. If the applicant files his application with all necessary data within the time specified, priority dates from the time of filing notice of intention.512 (b) Prior to its repeal in 1967, a Texas statute provided that a prospective Texas appropriator who wished, before making application, to investigate the feasibility of a project involving use of a large quantity of water, could tender a presentation to the Texas Water Rights Commission. To qualify, prospective projects had to involve more than 20,000 acre-feet of storage or 50 second feet of diversion, or generation of 2,000 hydroelectric horsepower, with engineering forces adequate for making an expeditious investigation. Before filing a tendered presentation the Commission had to approve it as to extent, purpose, and good faith. The total time a presentation could remain in effect was 3 years. Priority of an application to appropriate water based on a presentation, and of a permit based on such application, dated from the time the Commission filed the approved presentation.513 (c) The Washington statutes contain a provision for issuance of a preliminary permit to an applicant requiring him to obtain and furnish more information than he shows in his application, in order that proper action may SilGay v. Hicks, 33 Okla. 675, 686, 124 Pac. 1077 (1912); Owens v. Snider, 52 Okla. 772, 153 Pac. 833 (1915); Grand-Hydro v. Grand River Dam Authority, 192 Okla. 693, 695-696, 139 Pac. (2d) 798 (1943); Okla. Stat. Ann. tit. 82, § § 11 and 12(1970). 512 N. Mex. Stat. Ann. § 75-5-1 (1968). SI3Tex. Rev. Civ. Stat. Ann. arts 7496-7499a (1954), repealed, Laws 1967, ch. Ill, § 1. "Presentations filed by the Texas Water Rights Commission before the effective date of this Act are not affected by this Act." Laws 1967, ch. Ill, § 2. Regarding the repealed statute, see Board of Water Engineers v. Briscoe, 35 S. W. (2d) 804, 806-807 (Tex. Civ. App. 1930, error dismissed); Board of Water Engineers v. San Antonio, 273 S.W. (2d) 913, 914-915 (Tex. Civ. App. 1954), affirmed, 155 Tex. Ill, 283 S. W. (2d) 722 (1955). See also City of San Antonio v. Texas Water Comm'n, 392 S. W. (2d) 200, 205-210 (Tex. Civ. App. 1962). For a discussion of temporary permits, see "(5) Permit: Types," below. |