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Show 632 OREGON the secondary permit must contain an agreement with the owners of the reservoir that the applicant has obtained a sufficient interest in the project to permit him the use of water. Proof of appropriation must be submitted on secondary permits, and the final certificate of appropriation includes both the primary and secondary permits.126 If the storage project does not contemplate the future diversion of stored water, except by livestock drinking from the ponds, then a secondary permit is not required.127 Plans and specifications for dams, dikes, or other hydraulic struc- tures which could pose a threat to life or property must be approved by the State engineer. Further, he may require modification of any existing dam or hydraulic structure to insure its safety.128 Special provisions govern the release of water if it appears that the water released from an impoundment may endanger the public safety.129 Oregon has prohibited the construction and operation of splash dams. These are dams used to accumulate water to aid in the floating of logs or other lumber products.130 3.6 Springs Springs are subject to appropriation, but the owner of the land upon which a spring arises has the right to use water from this source. The water code specifies that: All ditches now or hereafter constructed, for the purpose of utilizing waste, spring, or seepage waters, shall be governed by the same laws relating to pri- ority of right as those ditches constructed for the purpose of utilizing the waters of running streams; provided, that the person upon whose lands the seepage or spring waters first arise, shall have the right to the use of such waters."1 3.7 Diffused Surface Water Diffused surface water is water made up from rain or melting snow which is diffused over the surface of the earth and not a part of a defined watercourse. Once it reaches a watercourse, it loses its iden- tity as diffused surface water and becomes water of a watercourse. The problems in Oregon concerning diffused surface water have centered primarily around the disposal of these waters rather than the right to use them. However, the legislative declaration that all water within the State from all sources of supply belongs to the public 132 is broad enough to encompass diffused surface water and make it subject to appropriation. With respect to the disposal of diffused surface waters, it seems Oregon follows a modified form of the natural flow rule. An upper landowner may accelerate the flow of diffused surface water as long as he does not divert it onto adjoining land where it would not have flowed naturally, or if he does not accumulate large quantities of surface water and discharge it onto adjoining land at an abnormally laeSec. 537.300. 12*Sec. 537.300. 128 Sec. 540.350. 129 Sees. 541.510 to 541.545. 130 Sees. 541.450 to 541.460. 131 Sec. 537. 800. 132 Sec. 537.110. |