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Show 540 THE APPROPRIATIVE RIGHT involved, and established, the priority of right of an appropriation for a use other than mining-in this case water-power for operating a sawmill-over that of a later appropriation for mining purposes.510 The use of waterpower for production of hydroelectric energy has become of major importance in the industrial economy of the West, in addition to its growing use in providing electrical power for pumping water from the ground. In chapter 7, under "Methods of Appropriating Water of Watercourses- Restrictions and Preferences in Appropriation of Water-Restrictions on the Right to Appropriate Water-Development of hydroelectric power," data are given respecting important authorizations and restrictions in Arizona, Idaho, Nebraska, and Oregon. In addition, in chapter 7, under the subtopic "Preferences in Water Appropriation-Order of preferences in individual States," the Texas list is shown to include in second place industrial including "development of electric power by means other than hydro-electric," and in fifth place hydroelectric power.511 Also to be mentioned is the unique Oklahoma judicial distinction between procedures for issuance of permits for (a) irrigation and (b) power development purposes. Hydrographic surveys and adjudications of existing rights were conditions precedent to issuance of permits for irrigation purposes-but not for development of waterpower.S12 However, in 1963 the Oklahoma Legislature expressly declared that such hydrographic surveys and adjudications are not conditions precedent to the issuance of permits for irrigation or other purposes.513 Administrative rules and regulations relating to appropriation of water in California and Texas include almost identical definitions of "power use" as including "use for hydroelectric and hydromechanical power and for air blasts and other mechanical devices of like nature."514 The Federal Power Act515 is one in a series of acts of Congress which deals with rights-of-way on public lands of the United States for control of water and hydroelectric power. Enacted June 10, 1920, as the Federal Water Power Act, it provides for administration of rights-of-way on public lands for power purposes, and of all power developments which affect navigable waters of the United States and waters over which Congress has jurisdiction in regulation of the streamflow for propelling mill machinery was recognized as a riparian right at common law: Bathgate v. Irvine, 126 Cal. 135, 142, 58 Pac. 442 (1899). 510 Tartar v. Spring Creek Water & Min. Co., 5 Cal. 395, 397-399 (1855). 511 Tex. Rev. Civ. Stat. Ann. art. 7471 (Supp. 1970). 512Gay v. Hicks, 33 Okla. 675, 124 Pac. 1077 (1912); Owens v. Snider, 52 Okla. 772, 153 Pac. 833 (1915); Grand-Hydro v. Grand River Dam Authority, 192 Okla. 693, 139 Pac. (2d) 798 (1943). 513Okla. Stat. Ann. tit. 82, § § 11 and 12 (1970). 5WCal. Admin. Code, tit. 23, § 663 (1969); Tex. Water Rights Comm'n, "Rules, Regula- tions and Modes of Procedure," rule 115.1(y) (1970 Rev., Jan. 1970). 51541 Stat. 1063, 16 U.S.C. § 791a et seq. (1964). These acts are noted in chapter 7 under |