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Show METHODS OF APPROPRIATING WATER OF WATERCOURSES 339 The underlying reason, of course, for denying the exercise of a permit right that impairs preexisting rights is invocation of the constitutional prohibition against taking private property without due process of law. The State can go far toward reducing unnecessary waste of water through regulation of diversions so long as its acts are fairly an exercise of its police power, because no appropriator has a vested right to waste any of his appropriated water supply.562 One may generalize with a reasonable degree of assurance as to these distinctions. When, however, the principles are applied to actual controversies, the line at which the police power stops and confiscation begins is not always so sharply drawn. A highly controversial decision of the New Mexico Supreme Court in a controversy involving pueblo rights versus rights of prior appropriation is evidence of this.563 (7) Certificate of completion of construction. The water rights laws of three States provide for the issuance of a certificate of completion of construction. This takes place after issuance of the permit, and before that of the final license evidencing the perfected appropriative right.564 On or before the date set in the permit for completion of construction of facilities, the permittee is required to notify the administrator that he is ready to submit proof that construction of the works he has built under the permit is complete and the works ready for inspection. The administrator makes or causes to be made an inspection, at least in case of larger projects. If not found properly and safely constructed, the administrator may require the necessary changes to be made. A finding that the works are in satisfactory condition results in issuance to the permittee of a certificate showing that the completed construction meets with the State's approval. This report may be in some detail. In any event, it sets forth the actual capacity of the works and such limitations upon the water right as may be warranted by their condition, but not such as to extend the rights described in the permit. (8) Certificate of appropriation or license, (a) What it is. In all except two of the 16 administration appropriation States, this is the final document issued by the State administrative agency in the process of making an appropriation of water. The two exceptions are Nebraska and Texas, in which no certificates follow the permit. This document is called a license in the three States that issue certificates of completion of construction work. Thus, this avoids the possible confusion of 562Eden In. Co. v. District Court, 61 Utah 103, 113, 211 Pac. 957 (1922); Finney County Water Users' Assn. v. Grahm Ditch Co., 1 Fed. (2d) 650, 652 (D. Colo. 1924); Cal. Const., art. XIV, § 3. 563 Cartwright v. Public Serv. Co. of New Mexico, 66 N. Mex. 64,85-87, 343 Pac. (2d) 654 (1959). An attempt by the parties to litigate the same issues again, under a claim of continuation of the first suit, was blocked on res adjudicata grounds, 68 N. Mex. 418, 362 Pac. (2d) 796 (1961). 564N. Mex. Stat. Ann. § 75-5-9 (1968); Okla. Stat. Ann. tit. 82, § § 52 and 53 (1970); S. Dak. Comp. Laws Ann. § 46-5-27 to 46-5-29 (1967). |