| OCR Text |
Show 424 APPROPRIATION OF WATER (5) Idaho. First, domestic. Agriculture has preference over manufactur- ing; but in an organized mining district, mining and milling connected with mining have preference over manufacturing and agriculture.959 (6) Kansas. In the following order: (a) domestic, (b) municipal, (c) irrigation, (d) industrial, (e) recreational, (0 waterpower.960 (7) Nebraska. First, domestic. Agriculture has preference over manufac- turing.961 (8) North Dakota, (a) Domestic, (b) livestock, (c) irrigation and industry, (d) fish, wildlife, and other outdoor recreational uses.962 (9) Oregon, (a) Under an early enactment still in the statute: First, domestic. Agriculture has preference over manufacturing.963 (b) Under a statute enacted in 1955: First, human consumption. Second, livestock consumption. Thereafter, other beneficial uses in an order consistent with the public interest under existing circumstances.964 Subject to the foregoing, the State Water Resources Board may prescribe preferences for the future for the particular uses of any source of water supply in aid of the highest and best beneficial use of the water, considering physical characteristics and economy of the area, water requirements, and proposed uses of water as between consumptive and nonconsumptive.965 (10) South Dakota. Established policy of the State: Use of water for domestic purposes is highest use; protection of water rights of municipalities for existing and future requirements without waste.966 (11) Texas. In following order: (a) domestic and municipal-human life and life of domestic animals; (b) industrial, including development of electric power by means other than hydroelectric; (c) irrigation; (d) mining and recovery of minerals; (e) hydroelectric power; (f) navigation; (g) recreation and pleasure; (h) other beneficial uses.967 "The right to take waters necessary for domestic and municipal supply purposes is primary and fundamental * * *."968 959Idaho Const., art. XV, §3. 960Kans. Stat. Ann. §82a-707(b) (1969). 961Nebr. Const., ait. XV, §6; Rev. Stat. §46-204 (1968). 962 N. Dak. Cent. Code Ann. §61-01-01.1 (Supp. 1969). 963Oreg. Laws 1893, p. 150, §3, Rev. Stat. §540.140 (Supp. 1969). 964Oreg. Rev. Stat. §536.310(12) (Supp. 1969). For a discussion of a 1970 Oregon Court of Appeals decision which appears to have construed this and the earlier statute as having a limited effect see "Use of appropriated water: In time of shortage," below. 965 Id. §536.340(3). 966 S. Dak. Comp. Laws Ann. §46-1-5 (1967). 967 Tex. Rev. Civ. Stat. Ann. art. 7471 (Supp. 1970). 968 Tex. Rev. Civ. Stat. Ann. art. 7472b (1954). |
