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Show CHANGE IN EXERCISE OF WATER RIGHT 643 Nevada.-(I) Point of diversion, place of use, or manner of use. State administration approval required; hearing on protest if deemed necessary; finding of no tendency to impair value of existing rights or be otherwise detrimental to public welfare. (2) Place of use, additional requirement. For prescribed cause only, without loss of priority.252 New Mexico.-(I) Point of diversion, place of storage, place of use, or purpose of use. Requires State administration approval, after published notice. No detriment to existing rights. (2) Place of use, additional requirement. Severance of water right from land to which appurtenant only with consent of landowner, without loss of priority. (3) Point of diversion, community acequia. Restrictions do not apply to community acequias in operation before March 19, 1907, provided no accompanying increase thereby in quantity of water appropriated.253 North Dakota.-(1) Point of diversion, place of storage, place of use, or purposes of use. (2) Change in means or place of diversion or control shall not affect priority if others not injured.254 Oklahoma.-{I) Point of diversion, place of storage, place of use, or purpose of use. Requires State administration approval, after published notice. A party interested in same source of water supply may bring action to review decision. No detriment to existing rights. (2) Place of use, addi- tional requirement. For prescribed causes only, without loss of priority255 Oregon. -Point of diversion, place of use, or purpose of use. Requires State administration approval, after published notice and hearing if objections filed, subject to appeal. No loss of priority. No injury to existing rights.256 South Dakota.-(1) Point of diversion, place of storage, place of use, or purpose of use. Requires State administration approval, after published notice. A party interested in same source of water supply may bring action 2"Nev. Rev. Stat. § § 533.040 (Supp. 1969) and .325-.435 (Supp. 1967). 2S3N. Mex. Stat. Ann. § § 75-5-3, 75-5-22, 75-5-23, and 75-14-60 (1968). 2S4N. Dak. Cent. Code Ann. § § 61-02-31 (Supp. 1969) and 61-14-05 (1960). The latter section provides that "Any appropriator of water may use the same for a purpose other than that for which it was appropriated, or may change the place of diversion, storage, or use, in the manner, and under the conditions prescribed in section 61-14-04." [Emphasis added.] Prior to 1963 § 61-14-04 had provided, among other things, for administrative approval of such changes. However, in 1963 § 61-14-04 was repealed. N. Dak. Laws 1963, ch. 417, §26. The 1963 laws, in ch.417, § 1, amended §61-01-02 of the statutes so as to provide that appropriations for irrigation purposes shall be appurtenant to specified owned lands "unless such rights to use water have been severed for other beneficial uses as provided by section 61-04-15." As amended in 1963, 1965, and 1969, §61-04-15, among other things, provides that irrigation appropriations may be assigned or may be transferred to other lands owned by the holder, with administrative approval. 255Okla. Stat. Ann. tit. 82, § § 34 and 35 (1970). 2S6Oreg. Rev. Stat. § § 540.510-.530 (Supp. 1969). |
