OCR Text |
Show METHODS OF APPROPRIATING WATER OF WATERCOURSES 343 (see "Specific Quantity of Water" under "Elements of the Appropriative Right," in chapter 8). The Wyoming limitation proved to be less than enough for many appropriators. As a result, the legislature provided in 1945 that rights to the use of surplus water-water in excess of the total quantity of all appropriations from a stream-might be acquired by all holders of adjudicated appropriations or permits relating to the direct flow of such stream, with priority as of March 1, 1945. In this way, the statutory limit was raised for the benefit of existing appropriators in the cases in which surplus water was available therefor.577 In 1953, the Nebraska legislature likewise acted, but without raising the statutory limit. Existing appropriators of water for agricultural purposes within a drainage basin who had less than the statutory limit of direct flow were authorized to make supplemental appropriations of direct flow therein, with this proviso: that their total appropriations for particular lands would not thereby be raised above the limits provided by law, as well as by the requirements of good husbandry. Priorities should date from the time of filing applications therefor.578 Not Administratively Controlled In Colorado and Montana, although the doctrine of prior appropriation of water is recognized, there is no administrative procedure for supervising the acquisition of appropriative rights.579 Colorado.-In this State, the intending appropriator does not apply to the State Engineer or to any other State official or agency for a permit to make an appropriation, subject as in the appropriation administration States to refusal if statutory conditions so require or if they authorize denial of the application. The constitution of Colorado provides that: "The right to divert the unappropriated waters of any natural stream to beneficial uses shall never be denied."580 The method of acquiring appropriative rights to the use of natural stream waters of this State adheres strictly and literally to this prohibition in the fundamental law. For two decades following establishment of the Territory of Colorado in 1861, no formalities for making appropriations were prescribed by the legislature. An appropriative right to the use of stream water was initiated by taking the first essential step-diverting the water with intent to apply it to a S77Wyo. Stat. Ann. § § 41-181 to 41-188 (1957). S78Nebr. Rev. Stat. § 46-240.01 (1968). "9 Prior to 1966, Alaska, like Colorado and Montana, had no centralized State administrative procedure for appropriating water. However, in 1966 the Alaska Legislature enacted a comprehensive "Water Use Act." Alaska Stat. § 46.15.010 et seq. (Supp. 1966). 580Colo. Const., art. XVI, § 6. |