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Show ELEMENTS OF THE APPROPRIATIVE RIGHT 511 of stored water per acre per annum, unless the administrator finds a greater quantity to be necessary. No licence or court decree shall confirm the right to use more than 1 second-foot per 50 acres unless the administrator or the court so decides.372 (c) Nebraska. For irrigation purposes, the limit is 1 second-foot for 70 acres, or 3 acre-feet per acre in the aggregate each year. However, for irrigation of 40 acres or less, where the statutory limit is too small for proper distribution and application of water, additional heads of water may be allotted for limited times. Stored water appropriations for irrigation are limited to 3 acre-feet per acre in a calendar year.373 (d) Oklahoma. For irrigation purposes, the limit is 4 acre feet at the point of diversion for each acre of land irrigated each calendar year.374 (e) South Dakota. For irrigation, the allowance does not exceed 1 second-foot per 70 acres, or the equivalent thereof, not to exceed 3 acre-feet per acre, delivered on the land for a specified time in each year. However, this limitation does not apply at times when the floodflow of a stream much exceeds the quantity required for approved rights thereon.375 (f) Wyoming. For direct use of the natural unstored flow of any stream, no allotment may exceed 1 second-foot for each 70 acres for which the appropriation is made. However, a statute enacted in 1945 provided for allocation to holders of adjudicated or permit rights, with priority as of March 1, 1945, rights in the surplus waters (over and above existing appropriations) of the stream in question, not to exceed (1) 1 second-foot per 70 acres of irrigated land and (2) his proportionate share of previously appropriated water.376 The limitation does not apply to reservoir storage waters. (3) Criteria in directives to administrators, (a) Nevada. In determining the quantity of water to be granted for irrigation in a permit, the State Engineer is directed to consider the local irrigation requirements; the duty of water as established by court decree or by experimental work; the growing season, type of culture, and reasonable ditch conveyance losses; and any other pertinent data necessary to arrive at a reasonable duty of water. In case of storage of water, reasonable evaporation losses are to be taken into consideration.377 (b) New Mexico. In the issuance of permits to appropriate water for irrigation, the State Engineer "shall permit the amount allowed to be diverted at a rate consistent with good agricultural practices and which will result in the most effective use of available water in order to prevent waste."378 372Idaho Code Ann. § § 42-202 (Supp. 1969) and -220 (1948). 373Nebr. Rev. Stat. §§ 46-231,-240.01, and-242 (1968). 374Okla. Stat. Ann. tit. 82, § 33 (1970). 375S. Dak. Comp. Laws Ann. § 46-5-6 (1967). 376 Wyo. Stat. Ann. § § 41-181 to -188 (1957). 377Nev. Rev. Stat. § 533.070 (Supp. 1967). 378 N. Mex. Stat. Ann. § 75-5-17 (Supp. 1969). |
