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Show 336 APPROPRIATION OF WATER The Idaho water rights law deals with the situation by declaring that such a permittee "shall be deemed to have abandoned all right under his permit."547 In Nebraska, failure of a permittee to comply with the statutory requirements "shall work a forfeiture of the appropriation and all rights thereunder."548 One State has legislation to the effect that if one-fifth of the construction work is not completed within one-half of the time allowed, and if there is no extension of the time, the administrator may accept an application to appropriate the waters involved. The right under the former permit is thereupon forfeited.549 The water rights laws of seven other States call for direct action by the administrator. In most cases, this is mandatory when the situation comes to his attention. In one State, his intervention is invoked by protest of an interested party that the work is not being diligently prosecuted. The procedural details differ from State to State. All statutes provide for giving notice to the permittee, in some instances requiring him to furnish lacking proof, in others to show cause. Several laws contemplate hearings. In all cases, establishment of default on the part of the permittee is ground for revoking or cancelling the permit and declaring the water available for further appropriation, subject to judicial review.550 (5) Permit: Types, (a) In addition to regular permits, storage permits are issued in some States (see "Storage Water Appropriation," below). (b) The Texas appropriation procedure includes both seasonal and tempo- rary permits as well as those of the regular type. Operation of the seasonal permit is limited to the part or parts of the calendar year expressly stated in the permit, whereas the regular permit is effective throughout the year.551 A seasonal permit is usually granted where irrigation is desired for seasonal crops or where the applicant proposes to appropriate water to fill an off-channel reservoir during the wet season for use during the dry season.552 A temporary permit may be issued for not to exceed 3 years' duration.553 It is usually sought where water is required for a job of 547/d. § 42-204. S48Nebr. Rev. Stat. § 46-238 (1968). 549S. Dak. Comp. Laws Ann. § 46-5-25 (1967). SS0The controlling statutes are: Cal. Water Code § § 1410-1415 (West Supp. 1970); Nev. Rev. Stat. §§ 533.390, .395, and .410 (Supp. 1967); Oreg. Rev. Stat §§ 537.260, .410-.450 (Supp. 1969); Tex. Rev. Civ. Stat. Ann. arts. 7474, 7519 (1954), 7519a, and 7519b (Supp. 1970); Utah Code Ann. § 73-3-13 (1968); Wash. Rev. Code § 90.03.320 (Supp. 1961); Wyo. Stat. Ann. § 41-206 (1957). S51Tex. Water Rights Comm'n, "Rules, Regulations and Modes of Procedure," rules 205.1 and 205.2 (1970 Rev., Jan. 1970.) 552Id. rule 205.2. The Commission shall set forth in each seasonal permit "such conditions as may be necessary to fully protect prior appropriations or vested rights on the stream." Tex. Rev. Civ. Stat. Ann. art. 7467c. (Supp. 1970). SS3".. . where the same will not interfere with or adversely affect prior appropriations of vested rights on the stream. Such temporary permits shall be subject to all the |