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Show METHODS OF APPROPRIATING WATER OF WATERCOURSES 417 to limit the applicant to less periods of time for taking steps than requested;931 or to a smaller area of land;932 or to vary the periods of annual use.933 Development of hydroelectric power.-Several statutes contain special provisions governing appropriation of water for development of electric energy. This is in addition to the usual requirements for specifying particulars in applications to appropriate water for specific purposes, as well as matters of procedure in connection with proposals for large water supply projects. (1) Arizona. The statute provides that no application to appropriate water for generating electric energy in excess of 25,000 horsepower, or for a permit to build a dam on a stream for such purpose and quantity, shall be approved without authorization by the legislature. The same authorization is required for changes in use of water appropriated for domestic, municipal, or irrigation uses if the change contemplates generation of that quantity of power.934 It is also provided that a certificate for power development appropriation of water shall limit the right to a period of 40 years from date of application, subject to a preferred right of renewal under laws existing at the date of expiration of the right. Priority of the appropriation dates from the time of filing the application with the Department.935 (2) Idaho. The State constitution provides that the right to divert and appropriate the unappropriated waters of any natural stream to beneficial uses shall never be denied, except that the State may regulate and limit the use thereof for power purposes.936 This matter appears above in connection with discussion of the alternative methods of appropriating water in Idaho. (3) Nebraska. There is a provision in the State constitution that the use of water for power purposes shall be deemed a public use and shall never be alienated, but may be leased or otherwise developed as prescribed by law.937 An applicant for a waterpower appropriation in Nebraska must enter into a contract with the State, through the Department, for leasing the water from the State for not longer than 50 years. On expiration of such lease, the Department appraises the value of improvements made thereunder by any lessee, subject to appeal to the district court. The value of the improvements as finally determined must be paid by any subsequent lessee to the lessee who owns the improvements.938 931Nebr. Rev. Stat. §46-235 (1968); Nev. Rev. Stat. §533.380 (Supp. 1967); Wyo. Stat. Ann §41-206(1957). 932Nebr. Rev. Stat. §46-235 (1968). 933N. Mex. Stat. Ann. §75-5-5 (1968); S. Dak. Comp. Laws Ann. §46-5-21 (1967). 934 Ariz. Rev. Stat. Ann. §45-146 (1956). 935Id. §45-152. 936 Idaho Const., art. XV, §3. 937Nebr. Const., art. XV, §7. 938Nebr. Rev. Stat. § 46-236 (1968). 450-486 O - 72 - 29 |
