OCR Text |
Show 422 APPROPRIATION OF WATER artificial systems-often comprising storage, diversion, and distribution for long distances-to their inhabitants who may number tens of thousands or even hundreds of thousands. Water may be supplied for domestic, trade, local transportation, and professional consumption, production of commodities, and airconditioning, as well as sanitation, firefighting, and other public safety measures. (2) Agriculture, stock watering, manufacturing. In a number of the lists of preferences, agriculture-in practice, particularly irrigation-stands second to domestic use.952 In Kansas, North Dakota, and Texas, it is third. It is preceded in Kansas and Texas by both domestic and municipal, and in Texas also by industrial, including development of electric power by other than hydroelectric means. Irrigation is far down the list in Wyoming. After declaring the first four preferred groups, in which irrigation is not mentioned, the legislature makes irrigation "superior and preferred to any use where water turbines or impulse water wheels are installed for power purposes." In four of the States in which manufacturing or industrial use is listed, it is in third place, preceded by domestic and agricultural uses. In Texas, it is in the second group, the first group comprising both domestic and municipal uses; hence it precedes irrigation which is next in order. In Kansas and Wyoming, manufacturing takes fourth place. In North Dakota, irrigation and industry together occupy third place, preceded by domestic and livestock use. Stock watering, which of course is an important phase of agricultural enterprise, is named as a preference in Arizona (where it occupies second place with irrigation, preceded by the combined domestic and municipal preference) and North Dakota (where it occupies second place, preceded by domestic use). In a number of other states, the watering of livestock, or of certain livestock is considered a domestic use. For example: (a) In South Dakota, stock watering is a domestic use. (b) In Kansas, watering of domestic livestock used in operating a farm is included in the term "domestic use." (c) In Idaho, a sufficient amount of water for use of domestic animals kept for the use of the household is a domestic use. (d) In Texas, water for sustaining the life of domestic animals is a domestic use.953 a preference right to the use of water for domestic purposes within its city limits; but it did not thereby acquire a right to sell water to railroads and others for nondomestic purposes and to persons outside the city limits because, in doing this, the city was not disposing of the water "for any municipal purpose." Grogan v. Brownwood, 214 S. W. 532, 536-539 (Tex. Civ. App. 1919). This early decision for such purposes contrasts with the administrative definition employed for the municipal use preference provision in Texas discussed above. 952 References to the various statutory provisions for this and the following uses appear in the next subtopic, "Order of preferences in individual States." 953S. Dak. Comp. Laws Ann. §46-1-6(4) (1967); Kans. Stat. Ann. §82a-701(c) (1969); IdahoCodeAnn. § 42-111 (1948);Tex.Rev.Civ.Stat. Ann. art. 7471 (Supp. 1970). See also Tex. Water Rights Comm'n, "Rules, Regulations and Modes of Procedure," rule 115.l(s) (1970 Rev., Jan. 1970), regarding domestic use. These rules also include |