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Show 748 North Dakota The constitution of North Dakota provides that all flowing streams and natural watercourses shall forever remain the property of the State for mining, irrigating, and manufacturing purposes.211 It is provided by statute that all waters from all sources of supply belong to the public and are subject to appropriation for beneficial use.212 Appropriations of water are initiated by making application to the State Engineer for permits; the State Engineer, subject to the approval of the Water Conservation Commission, may grant water rights. On completion of works a certificate of construction is issued, and on application of the water to beneficial use, a license to ap- propriate the water is issued.213 Failure to use water beneficially for three years results in forfeiture of the right.214 Another statute pro- vides for the reversion to the public of water formerly appurtenant to land but the use of which has been abandoned.215 The possessor or owner of agricultural land desiring to utilize for irrigation or stock watering purposes the flood waters of any draw, coulee, stream, or watercourse having a flow of not to exceed one- third cubic foot per second during the greater part of the year, may file a location certificate with the State Engineer. This is approved and becomes a permit to appropriate water if no objection is filed; if objections are filed, the general appropriation procedure governs.216 Riparian rights in the Territory of Dakota were recognized by the United States Supreme Court in Stun v. Beck,216a a case appealed from the supreme court of the Territory. Reference was made in that deci- sion to a Territorial statute to the effect that the owner of land owned water standing on or flowing over or under the surface of the ground but not forming a definite stream, and that the landowner might use the water of a definite natural surface or subterranean stream while on his land but that he might not prevent its natural flow.217 That statute was carried over into the laws of the State of North Dakota and is still on the statute books.218 The State supreme court held that the common-law doctrine of riparian rights was in force in the Territory at the time of the adoption of the State constitution, and that such rights could not be divested by the constitutional provision declaring that all streams and watercourses shall remain the property of the State for 211 N. Dak. Const., § 210. 213 N. Dak. Rev. Code 1943, § 61.0101. 218 N. Dak. Rev. Code 1943, §§ 61.0230, 61.0402 to 61.0415. 214 N. Dak. Rev. Code 1943, § 61.1402. 215 N. Dak. Rev. Code 1943, § 61.1404. 218 N. Dak. Rev. Code 1943, §§ 61.0418 to 61.0421. ™*Sturr v. Beck, 133 U. S. 541, 547, 551 (1890). 217 Terr. Dak. Civ. Code, § 255. 218 N. Dak. Rev. Code 1943, §47.0113. |