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Show 428 APPROPRIATION OF WATER afford investigation by the United States before actually initiating rights to appropriate such waters for proposed Federal projects.983 (d) By establishing minimum streamflows or lake levels. This, in effect, may constitute a partial withdrawal of stream or lake waters from appropriation. Under a 1969 statute, the Washington Department of Ecology may establish minimum water flows or levels for streams, lakes or other public waters for the purposes of protecting fish, game, birds or other wildlife resources, or recreational or aesthetic values, whenever this appears to be in the public interest. The statute provides that the Department shall establish such minimum flows or levels as are needed to protect the resource when requested to do so by the Department of Fisheries or the Game Commission, or by the Water Pollution Control Commission to preserve water quality. (However, the Water Pollution Control Commission was abolished in 1970 and its powers transferred to the Department of Ecology.984) In establishing such minimum flows, the Department also shall be guided by the State's policy to retain sufficient minimum flows or levels to provide adequate waters for stock on riparian grazing lands to drink from such streams or lakes if this does not result in an unconscionable waste. Regulations establishing minimum flows or levels shall be preceded by required public notices and hearings and shall be filed in a "Minimum Water Level and Flow Register." No right to direct or store public waters shall be granted by the Department which shall conflict with the regulations establishing flows or levels, but such regulations establishing flows or levels shall not affect water and storage rights in existence prior to the enactment of this legislation in 1969.985 Use of appropriated water: Priority of right. -Preference in use of appropriated water in order of priority of right was the original rule in the West as a fundamental facet of the law of prior appropriation. Unless altered by statute, as described above, it still prevails. Use of appropriated water: In time of water shortage.-{1) The Arizona water rights statute repeats what is said in the laws of some other Western States to the effect that "The person or the state of Arizona or a political subdivision thereof first appropriating the water shall have the better right."986 Another section of the Arizona statute, however, provides that in years of scarce water supply, landowners shall have preference to the water for irrigation "according to the dates of their appropriation or their occupation of the lands, either by themselves or their grantors. The oldest titles shall have 983Mont. Rev. Codes Ann. § 89-808 (1964); N. Mex. Stat. Ann. § 75-5-31 (1968); Okla. Stat. Ann. tit. 82, § 91 (1970); S. Dak. Comp. Laws Ann. § 46-542 (1967); Wash. Rev. Code § § 90.40.030 and 90.40.040 (Supp. 1961). 984Wash. Laws 1970, ch. 62, § § 6 and 30 (15). 98SWash. Rev. Code § § 90.22.010 to 90.22.040 (Supp. 1970), modified by Laws 1970, ch. 62, § § 4, 6, and 30(15). 986 Ariz. Rev. Stat. Ann. § 45-141(A) (Supp. 1970). |