| OCR Text |
Show 524 THE APPROPRIATIVE RIGHT - Domestic, municipal, irrigation, stockwatering, water power, recreation, wildlife, including fish, and mining.421 - Domestic, irrigation, municipal, industrial, preservation of fish and wildlife, recreation, mining, power, any uses specified to be protected in any relevant water quality control plan, reuse of reclamation of water, and storing of water underground.422 - Irrigation, domestic, municipal, power, public recreation, commercial and game fishing and wildlife, fire protection, mining, industrial, navigation, scenic attraction, or any other beneficial use having special public value.423 - Irrigation, mining, milling, manufacturing, power, waterworks for cities and towns, stockraising, public parks, game preserves, recreation and pleasure, industrial purposes and plants, domestic, navigation, recharging a specified ground water reservoir and other beneficial uses.424 - Drinking for man and beast, municipal, steam engines and general railway use, culinary, laundry, bathing, refrigeration (including manufacture of ice), steam and hot water heating, steam power plants, industrial, irrigation, and water power.425 Purposes of use of water named in the current statutes are discussed at some length in connection with restrictions and preferences in appropriation of water in the last part of chapter 7. Constitutional Mandates Constitutions of several States contain declarations relating to specific purposes of use of water. In North Dakota, it is provided that all flowing streams and natural watercourses shall forever remain the property of the State for mining, irrigation, and manufacturing purposes.426 Preferences among domestic, agriculture, and manufacturing are declared in Colorado, and among those uses are mining or milling connected with mining in Idaho.427 (In chapter 7, see "Methods of Appropriating Water of Watercourses-Restrictions and Preferences in Appropriation of Water-Prefer- ences in Water Appropriation.") In Nebraska, the necessity of water for domestic and irrigation purposes is declared to be a natural want.428 In South Dakota, irrigation of arid lands is a 421 Ariz. Rev. Stat. Ann. § 45-141(A) (Supp. 1970). 422CaL Water Code § § 1242 (West 1956), 1243, and 1257 (West Supp. 1970). 423Oreg.Rev.Stat. § § 537.170 (3) (a) (Supp.1969) and 543.225(3)(a) (Supp. 1965). These are included in "the highest use of the water" which must be conserved in determining whether a proposed use of water would impair or be detrimental to the public interest. 424Tex. Rev. Civ. Stat. Ann. arts. 7470 and 7471 (Supp. 1970). 425 Wyo. Stat. Ann. § 41-3 (1957). These are the uses of water that are named in the section providing for condemnation of existing rights not preferred to supply water for preferred uses. 426N. Dak. Const., art. XVII, § 210. 427Colo. Const., art. XVI, § 6; Idaho Const., art. XV, § 3. 428 Nebr. Const., art. XV, § 4. |
