OCR Text |
Show 418 APPROPRIATION OF WATER Early in the 20th century, the Nebraska Supreme Court held that the State has such a proprietary interest in the waters of its streams and in their beneficial use that (a) it may transfer a qualified ownership or right of use thereof; that (b) in doing so it may impose such limitations and conditions as its public policy demands; that (c) in reserving such ownership and control, it may even prohibit the transmission or use of waterpower beyond the confines of the State; and that (d) undoubtedly it had granted to the State administrative agency the power and duty to determine such questions and impose such conditions.939 (4) Oregon. The State constitution contains no provisions regarding water other than the control and development of waterpower.940 This article in the fundamental law provides that the rights to all water for the development of waterpower and to waterpower sites then owned or thereafter acquired by the State shall be held in perpetuity. The State is empowered to control and/or develop waterpower within the State; to lease water and waterpower sites therefor; to control and distribute electrical energy; to develop, separately or in cooperation with the United States or with political subdivisions of the State, waterpower, and to acquire, build, and operate projects therefor; to cooperate to this effect with such agencies and with other States and subdivisions thereof; to fix necessary rates and charges for the use of water therefor; and to loan the credit of the State in carrying out such programs. Nothing in the article is to be construed to affect in any way the Oregon water rights laws "other than for the development of water power." Appropriations of water in Oregon for generation of electricity are governed by provisions of the "hydroelectric act."941 But this act does not apply to any waterpower project constructed by the United States, nor to cities, towns, or other municipal corporations of the State including public utility districts but saving thereto certain rights and preferences. Administration of the hydroelectric act is now vested in the State Engineer. Certain applications, however, must be referred to the State Water Resources Board for consideration before he acts upon them. Preliminary permits may be granted to enable the applicant to do preliminary work. An application may be denied if it appears (a) that the applicant has failed to comply substantially with the terms and conditions of the preliminary permit, or (b) that notwithstanding issuance of a preliminary permit, the project now is unfeasible or the public interest requires denial of the license. Licenses are limited to 50 years, subject to renewals under certain conditions. The State or any of its municipalities may take over any project constructed under a license on payment of fair value, the right of eminent domain being expressly reserved. 939 Kirk v. State Board of In., 90 Nebr. 627, 631-632, 134 N. W. 167 (1912). 940Oreg. Const., art. XI-D. 941 Oreg. Rev. Stat. § § 543.010-.620 and .990 (Supp. 1965). |