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Show ELEMENTS OF THE APPROPRIATIVE RIGHT 541 commerce. Administration is exercised through the issuance of preliminary permits for not to exceed 3 years for purposes of investigation, and licenses for definite periods of time not exceeding 50 years. An applicant for a water power license is required to submit "Satisfactory evidence that the applicant has complied with the requirements of the laws of the State or States within which the proposed project is to be located with respect to bed and banks and to the appropriation, diversion, and use of water for power purposes * * * ,"516 According to the United States Supreme Court, section 9(b) of the Federal Power Act does not itself require compliance with any state laws. Its reference to state laws is by way of suggestion to the Federal Power Commission of subjects as to which the Commission may wish some proof submitted to it of the applicant's progress. The evidence required is described merely as that which shall be 'satisfactory' to the Commission. The need for compliance w'ith applicable state laws, if any, arises not from the federal statute but from the effectiveness of the state statutes themselves.517 Industrial use.- In the early history of the arid region doctrine of prior appropriation, industrial use was not clearly defined. Appropriations of water were made for milling purposes connected with mining, and for power to operate sawmills and grist mills. In the latter case, the purpose of use of the water could with reason be classed either as power or as industrial; under the appropriation doctrine, it mattered not which. That manufacturing, an industrial use, was a beneficial purpose of water was specifically recognized by Congress in authorizing appropriation of water on the public domain.S18 Rules and regulations governing appropriation of water in California classify industrial use broadly as including "those many uses wherein the water serves the purposes of commerce, trade, or industry."519 The comparable Texas rule is "the use of water in processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, and includes water necessary for the development of electric power by means other than hydro-electric."520 This definition follows literally the language of the statute providing preferences in the allotment and appropriation of water.521 "Rights-of-Way for Water Control and Related Purposes-Public Lands-Public Lands of the United States." 51641 Stat. 1068, § 9(b), 16 U.S.C. § 802(b) (1964). MFirst Iowa Hydro-Elec. Coop. v. Federal Power Comm'n, 328 U.S. 152, 177-178 (1946). «»14 Stat. 253, § 9 (1866); 16 Stat. 218 (1870); 19 Stat. 377 (1877), 43 U.S.C. §321 <tfse<7s,(1964). 519Cal. Admin. Code, tit. 23, § 666 (1969). s20Tex. Water Rights Comm'n, "Rules, Regulations and Modes of Procedure," rule 115.1(v) (1970 Rev., Jan 1970). "'Tex. Rev. Civ. Stat. Ann. art. 7471 (Supp. 1970). |