A Summary-Digest of State Water Laws

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SURFACE WATERS 15 water source against the demands which realistically can be placed upon it, the number of potential disputes among users can be drastically reduced. A matter directly related to appropriation of water is the safety of dams. In most States, if water is to be stored for subsequent use, the applicant for the project must obtain not only a permit to use the water, but must also submit the plans and specifications for the dam to the administrative agency and obtain its approval. This is a legitimate exercise of the police power of the State since it is an at- tempt to protect life and property from unsafe structures. (c) Statutory adjudication of rights As pointed out above, one of the serious problems which devel- oped on many streams after rights were perfected was a lack of in- tegration of the rights with one another in order to determine their respective priorities; and the private lawsuits which developed as conflicts arose were limited to the parties, and thus were too narrow in scope to provide for a comprehensive adjudication of all rights from a common source. In an attempt to provide a coordi- nated and integrated decree which completely encompassed and adequately defined all of the rights to a common water source, vir- tually all of the Western States have enacted statutory adjudication procedures. The general nature and scope of these statutory actions are reviewed in section 2.2.a of this chapter. (d) Distribution of water Another important feature of centralized water administration is the distribution of water. Nearly all Western States have statutory procedures for the appointment of water commissioners to assure the proper distribution of water in accordance with re- corded and decreed rights. The details of these acts vary. Some provide for the appointment and supervision of water commissioners by the State officer or agency charged with water right administration; some provide for supervision of the commissioners by the courts; some divide the State into water districts; and some leave the designation of dis- tribution districts and systems up to the State agency. But the basic purpose of all of these statutes is the same-that is, to assure an accurate distribution of the water based on valid exist- ing rights. Experience has demonstrated that effective distribution of water can only be accomplished through centralized control where the water commissioner is independent from the influence or control of the users. Most State water codes contain provisions which require the water user to install and maintain proper measuring devices and control structures, thus insuring more accurate measurement of water. Headgates for diverting water from the stream are normally subject to the control and regulation of the water commissioner, and criminal penalties are provided for interference with his regulation. The water commissioner's jurisdiction normally extends from the watercourse to the diversion of the water into the user's distribution facility, and there is no attempt to follow the water from the point of diversion to the point of ultimate consumption or use.