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Show 598 EXERCISE OF THE APPROPRIATIVE RIGHT Storage Works In chapter 7, under "Methods of Appropriating Water of Water- courses-Storage Water Appropriation," storage reservoir characteristics and functions are discussed at some length. Further discussion at this point is not needed. Relation of Physical Works to Water Right Control of Waterworks Ownership and control of the system of works through which water is diverted from a source of supply and carried to a particular unit of land, or to any combination of land units, may be vested either in a single individual or in an association, corporation, or governmental entity. Types of private and public organizations and governmental entities having to do with the service of water are discussed in chapter 8 under "Elements of the Appropriative Right-Sale, Rental, or Distribution of Water." The consumers served by a diversion and distribution agency may be members of an unincorporated association, holders of shares of stock in a corporation, customers of or contract-holders with a commercial water company, land- owners within an irrigation district, and persons resident within a municipality or public district or water authority who are entitled to water service therefrom by reason of their residence within the service area or their holding of contracts for water service. In some States, local improvement districts are formed within irrigation districts for purposes of lining or otherwise improving laterals, operating and maintaining them, or providing for drainage, costs being allocated locally. The control of a consumer over the waterworks through which he is supplied varies, then, from (a) sole ownership and management of an individual ditch, (b) up through common ownership and management exercised through officers whom he helps to elect, (c) to participation in very diffuse public ownership and very indirect control over public management exercised through his franchise as a citizen. United States Supreme Court case arising from Idaho. The court did not mention its 1960 opinion regarding stock watering, discussed above under "Dipping or drinking from the stream," in which it had said "It is not necessary in every case for an appropriator of water to construct ditches or artificial ways through which the water might be taken from the stream in order that a valid appropriation be made. The only indispensable requirements are that the appropriator intends to use the waters for a beneficial purpose and actually applies them to that use." Genoa v. Westfall, 141 Colo. 533, 349 Pac. (2d) 370, 378 (1960). Nor did the court mention the earlier Colorado cases discussed above under "Natural overflow" or the Federal appellate case regarding scenic beauty discussed above at note 30. In these and other regards, see Ellis, Willis H., "Watercourses-Recreational Uses for Water Under Prior Appropriation Law," 6 Natural Resources J. 181 (1966); Comment, "Water Appropriation for Recreation," 1 Land and Water Law Rev. 209, 214 et seq. (1966). |