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Show 749 certain designated purposes,219 referred to above.220 The supreme court has adhered to the riparian doctrine in the very few cases in which riparian rights have been considered.221 The statute relating to the ownership of water above noted, originally enacted by the Territory of Dakota and still a part of the State law,222 states a rule of unqualified ownership of ground water not forming a definite stream-that is, percolating water-on the part of the owner of overlying land; and it accords only a right of use of a definite under- ground stream to the landowner, no greater and no less than in case of a surface stream. Apparently no decisions of the supreme court have been rendered with respect to ground waters. The water appropriation statute provides procedure for the adjudica- tion of water rights in actions brought by the Attorney General upon completion of hydrographic surveys by the State Engineer, and for the making of such surveys for use in complete stream adjudications initiated by private parties.223 The State Engineer is appointed by the Water Conservation Commission and is the Commission's secretary and chief engineer.224 He is authorized to make rules and regulations for the discharge of his functions; but his rules and regulations relating to applications to appropriate water, inspection of works, issuance of licenses, and determination of rights are subject to modification if re- quired by a vote of the Commission on appeal from a decision of the State Engineer.226 The Commission is vested with full control over all unappropriated public waters to the extent necessary to discharge its functions,226 and is granted certain powers with respect to the control of the flow of streams.227 Oklahoma A statute, copied from a very early enactment of the Territory of Dakota,228 and retained by the legislatures of both North Dakota and South Dakota, declares that the owner of land owns water standing m See supra, n. 211, p. 748. 220 Bigelow v. Draper, 6 N. Dak. 152,162-163, 69 N. W. 570 (1896). 223 See supra, n. 217, p. 748, and n. 218, p. 748. 221 See McDonough v. Russell-Miller Mill. Co., 38 N. Dak. 465, 471-473, 165 N. W. 504 (1917); Johnson v. Armour & Co., 69 N. Dak. 769, 776-779, 291 N. W. 113 (1940). Reference was made in both cases to the statute according to the owner of land the right to use the water of a definite stream so long as it remains on his land, now N. Dak. Rev. Code 1943, § 47.0113, footnote 9 above. 828N. Dak. Rev. Code 1943, §§ 61.0315 to 61.0319. 224 N. Dak. Rev. Code 1943, § 61.0301. 225N. Dak. Rev. Code 1943, §§ 61.0313 and 61.0314. 226 N. Dak. Rev. Code 1943, §§ 61.0226 and 61.0229. 227 N. Dak. Rev. Code 1943, § 61.0214, amended by Laws 1944-1945, ch. 328, and §§ 61.0235 to 61.0245. 228 Terr. Dak. Civ. Code, § 255. |