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Show ELEMENTS OF THE APPROPRIATIVE RIGHT 503 The overall association.-These several terms associated with beneficial use of water lend thtmselves to classification because, while they are all associated with beneficial use, they do have recognizable connotations from that term. Yet they all must have consideration in arriving at the quantity of water to which an appropriative claimant is entitled. In summary, the water to which an appropriator is found to be en- titled (1) is limited by the statement in his permit or claim, depending on the enabling statute, and by its availability for his use above the quanti- ties required to satisfy preexisting rights, and within such limitations (2) it will be measured by his reasonable, economical, beneficial use, without unreasonable or unnecessary waste, not to exceed the quantity necessary to meet his actual needs. This is discussed further in chapter 9 under "Efficiency of Practices." Period of Use of Water The established rule.-In the last quarter of the 19th century, courts of several States adopted the rule that the right to the use of a specific supply of water might be acquired by one person for certain months, days, or parts of days, and by someone else for other specified periods of time not in conflict with those of the first appropriator. This was based on the premise that there is no difference in principle between appropriations of water meas- ured by time and those measured by volume.338 The rule is elementary said the Utah Supreme Court in 1924.339 And in 1960, this court ob- served that:340 We have held one of the basic elements of a water right is the time, period or season when the right to the use exists. This must be unequivocally determined and set out. We now add to supplement such element that a water right is based upon annual use during the water use period of each year, or the entire year.* * * It is the policy of the law that no water shall be permitted to go to waste when it can be appropriated for a beneficial use elsewhere.341 Stated differently, the value of water is too great to allow a landowner to gain a right 3**Smith v. O'Hara, 43 Cal. 371, 376 (187r2);Barnes v. Sabron, 10 Nev. 217, 245 (1875); Turner v. Cole, 31 Oreg. 154, 159, 49 Pac. 971 (1897); Cache la Poudre Res. Co. v. Water Supply & Storage Co., 25 Colo. 161, 167, 53 Pac. 331 (1898). 339Hardy v. Beaver County In. Co., 65 Utah 28, 40, 234 Pac. 524 ((1924). 340In re Water Rights of Escalante Valley Drainage Area, 10 Utah (2d) 77, 82-83, 348 Pac. (2d) 679 (1960). See also Mountain Meadow Ditch & In. Co. v. Park Ditch & Res. Co., 130 Colo. 537, 539, 277 Pac. (2d) 527 (1954); Galiger v. McNulty, 80 Mont. 339, 354, 260 Pac. 401 (1927); Wilson v. Angelo, 176 Wash. 157, 160-161, 28 Pac. (2d) 276 (1934). 341 Turner v. Cole, 31 Oreg. 154, 159, 49 Pac. 971 (1897). |