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Show 162 noted that there is little federal legislation dealing expressly with ground waters.59 Return Flow.-Another increasingly important aspect of water law concerns the right to return flow, the right of the wherein underground waters shall be administered pursuant to the act. New provisions as to drilling of wells, waste, procedure for appropriation, adjudication of rights, forfeiture, and abandonment. Nev. Comp. Laws, Stop. 1943-1949, §§ 7993.11-7993.21. New Mexico.-Added 1943 amendment to clarify recognition of existing rights in connection with applications for use of underground water, and in 1949 required licenses for the drilling of wells from chartered underground sources. N. Mex. Stat. 1941, 1949 Supp., §§77-1103, 77-1116-17-1121. Texas.-In 1949, authorized creation of Underground Water Conservation Districts with such powers as issuance of rules and regulations, and also permits for drilling wells. Recognized owner of overlying land as owning ground water subject to district regulations. Vebnon's Ann. Rev. Civil Stats, of Texas, 1949 Cum. Supp., Art. 788G-3c. Utah.-In 1945, provided for control of artesian wells wasting water and required that notice of all claims to the use of underground waters be filed with the State Engineer, such notice since 1949 being prima fade evidence as to all rights defined in the claim. Utah Code Ann. 1943,1949 Cum. Supp., §§ 10O-2-21, 100-5-12,100-5-15. Wyoming.-In 1947, provided for broader regulation of underground water rights. Reasonable use of all underground waters declared a matter of public interest. Reasonable, economic, beneficial use the basis, measure, and limit of the right. Domestic, culinary, and stock-farm uses exempted. So also use for irrigation for lawns and gardens not exceeding four acres. Claims, descriptions, and applications to appropriate to be filed with State Engineer. Upon determination of capacity and extent of underground water formations, State Board of Control may adjudicate rights therein after hearing, subject to appeal, and issue certificates of right of appropriation. Abandonment subject to same laws as in case of surface waters. Change of location of appropriation may be made within same underground basin without loss of right. Wyo. Comp. Stats. 1945,1949, Cum. Supp., §§ 71-408- 71-^20. 59 The Secretary of the Interior is authorized to issue permits for not more than 2,560 acres of public land in Nevada, for exploration and develop- ment of "water beneath the surface," on condition that the permittee shall commence "development of underground waters" within six months from the permit date. When sufficient water has been developed for a profitable crop production, other than native grasses, on not less than 20 acres, a patent may be issued to as much as 640 acres. The statute says nothing respect- ing state laws and apparently proceeds on the assumption that, as owner of the public lands, the United States owns and may dispose of underlying waters. Act of October 22, 1919, 41 Stat. 293, as amended, 43 U. S. C. 351-360. |