OCR Text |
Show ELEMENTS OF THE APPROPRIATIVE RIGHT 517 Place of Use of Water The place of use of water under an appropriative right may or may not be located on land contiguous to the stream from which the water is diverted. In this respect the doctrine of appropriation differs from the riparian doctrine, with the requirement of the latter that use of water be made in general only on riparian land. On many large irrigation projects in the West, the area of land which would conform to the accepted definition of "riparian" land is a very small fraction of the total area irrigated. Even in the States in which the riparian doctrine is recognized, the water rights of most of the large irrigation enterprises consist chiefly or entirely of appropriative rights. Earlier in this chapter, the topic "Appurtenance of Water Right to Land" reveals the intimate association of appurtenance with place of use of water under the appropriative right. The western administrative procedures for appropriating water invariably require the applicant for a permit to designate his proposed place of use of the water which he desires to appropriate. Some of the statutes require an applicant for an irrigation water supply to describe the lands proposed to be irrigated, with legal subdivisions and total acreages stated as nearly as practicable. Others leave this to the rules and regulations of the State administrator. Some statutes specifically except large projects; if not expressly excepted, the required information can of course be presented on maps without detailed listings of subdivisions. A few statutes provide that final certificates of appropriation shall designate legal subdivisions of irrigated land on which the rights were acquired and for which they are confirmed. A majority, however, describe the certificate in general terms as confirmatory of the completed right. The purpose of the license or certificate of appropriation is to define completely the water right that it evidences, particularly the extent and conditions of actual diversion of water and its application to beneficial use. Whether specifically "spelled out" in the statute or not, inclusion of an adequate description of the irrigated area would seem to be an implicit requirement. The matter of effecting changes in place of use of appropriated water is discussed in chapter 9 under "Change in Exercise of Water Right-Place and Purpose of Use." Diversion of Water from Watershed or Area of Origin Long Recognition of the Qualified Right Under the appropriation doctrine, a right of use acquired in the flow of a stream is not limited to lands contiguous thereto nor to any other lands solely because of their location. From this it follows that the use is not generally restricted to the watershed, subject of course to the rule that applies to other |